TERMS OF SERVICE
Nymble™ Internet Service Terms & Conditions
These Terms & Conditions are between Nymble Internet Service (“Nymble” or “we”) and you as our customer and User. This Agreement states the terms and conditions under which we agree to provide you with High Speed Internet Service (“Service”), and you agree to use the Service in compliance with these terms and conditions of receiving the Service, as well as any other terms and conditions which are incorporated herein by reference or to which you have otherwise agreed govern the Service.
THIS AGREEMENT IS A CONTRACT. PLEASE READ IT CAREFULLY. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OF SERVICE THEN YOU MAY NOT USE THE SERVICE AND MUST CONTACT US IMMEDIATELY TO TERMINATE THE SERVICE.
- Length of Agreement; Acceptance of Agreement; Agreement Terms Generally Included.
Nymble provides affordable Internet access, metered by the amount of data purchased and consumed. The length of this Agreement will be determined by how much data you purchase and consume, and the terms of this Agreement will apply for however long you continue to have access to the Service.
Your acceptance of this Agreement occurs upon the earlier of: (a) the date you of your written or electronic acceptance of this Agreement, or (b) the date you first access or use the Service, or (c) the date you purchase access to the Service.
a. "Nymble Website(s)" mean various web pages, tools, information, software, content, and features operated by Nymble, including without limitation the sites located at Nymble.com.
b. "Content" means content provided by Nymble or its our third party licensors or suppliers and accessible on the Service, including without limitation images, photographs, animations, video, audio, music, and text in any format.
c. "Dispute(s)" means any dispute, claim, or controversy between you and Nymble regarding any aspect of your relationship with Nymble, including those based on events that occurred prior to the date of this Agreement or after its expiration or termination.
d. "Equipment" means any modem, router and/or other equipment provided by or through Nymble for use with the Service, which may be provided upon customer request and/or as needed to provide a Service connection and which may be subject to a specific charge from Nymble.
e. "Primary Email Address" means the email address that you provide to Nymble when Service is installed or otherwise initiated, and any subsequent email address you provide to Nymble and request be designated as the email address at which we contacts you or otherwise sends you notice.
a. "Service" means Internet access provided to you through or by Nymble, including without limitation dial‐up, high speed, wireless and WiFi services, together with the all software, Equipment, content, technical support, domain name server ("DNS") and related services, Nymble Websites and other products and services.
- Revisions to This Agreement
From time to time Nymble will make revisions to this Agreement and to the terms, conditions, and policies governing your Service, including without limitation revisions to the provisions that govern the way that you and Nymble resolve disputes. Notice of those revisions shall be deemed to have been given when provided pursuant to the terms of this Agreement, including without limitation when: (a) transmitted to your Primary Email Address; or (b) mailed via the US mail or hand‐delivered to your address on file with us (including through a bill message or bill insert); or (c) seven (7) days after they are posted on the Website, subject to distribution to you of notification of the changeis posting via a service or other an electronic message system to Customers ( for example, “Perftech Message”)) or (d) thirty (30) days after publication in the Toledo Blade or in the newspaper with the largest daily circulation in the relevant service area. As a Subscriber to the Service, youYou agree to visit the Website periodically and to check your email box to review any revisions to this Agreement, and. Yyou also agree to notify Nymble immediately of any changes in your mailing address or Primary Email Address.
If any such change is unacceptable to you, you may terminate your Service subject to applicable terms and conditions of Service. Unless otherwise provided herein or as required as a matter of law, there is no refund for prepaid services. If you do not terminate the Service, you accept the revisions and agree to abide by them by continuing to use the Service after the revisions are effective.
- Authorized User, Account Use, and Responsibilities
a. You acknowledge that you are eighteen (18) years of age or older, that you have the legal authority to enter into this Agreement, and that you are legally empowered to authorize Nymble to enter upon any property to which you will seek Nymble service, for the purpose of: (1) placing any exterior transmission lines necessary to provide the service, including, if necessary, an aboveground pedestal in the easement; (2) attaching wiring and equipment to the structure; (3) installing a cable modem, wireless router, and software in the designated personal computer; and (4) providing any necessary maintenance and repair services you purchase or to which you are otherwise entitled.
b. You are responsible for all use of your Service, whether by you or someone using your access, including all secondary or sub‐accounts associated with your primary account, and to pay for all activity associated with such Service use. You agree to comply with all applicable laws, regulations and rules regarding your use of the Service and to only use the Service within the United States (unless otherwise permitted by this Agreement).
c. The Service is a consumer grade service and is not designed for or intended to be used for any commercial purpose. You are not authorized or permitted to resell, re‐provision, or rent the Service (either for a fee or without charge), or allow third-parties to use the Service via wired, wireless or other means. For example, you may not provide Internet access to third parties through a wired or wireless connection or use the Service to facilitate public Internet access (such as through a Wi‐Fi hotspot); use it to generate or distribute automatic mailings, mass-mailings, or “SPAM”; or engage in similar activities that constitute such use (whether commercial or non‐commercial). You may connect multiple computers/devices within a single home to your modem and/or router to access the Service, but only through a Nymble‐issued IP address. You also may not use the Service to host any type of server. , and exceeding the data allowances provided for in your Service plan may lead to additional charges or suspension of service. Violation of this section may result in bandwidth restrictions on your Service, additional costs, and/or suspension or termination of your Service.
d. Your Service may log‐off automatically and without notice if your your session is idle for fifteen minutes. A session may be deemed to be idle if there appears to be no interactive, human-generated data received from your computer system within a prescribed amount of time. Use of automatic re‐dialer, script or other programs for the purpose of avoiding inactivity disconnects is a violation of this Agreement. You may only use your account for one log‐on session per connection type at a time and you may not use more than one IP address for each log‐on session.
- Availability of and Changes to Service
a. Nymble provisions your modem and engineers its network so that its Subscribers can enjoy the speeds to which they subscribe. However, even where the network is optimally engineered, conditions outside Nymble’s control affect service speed. Without purchasing a dedicated Internet connection, no internet service provider can guarantee a particular speed at all times to its customers, and Nymble cannot and does not guarantee Service will at all times and under all conditions achieve the specific speeds. However, Nymble engineers its system to deliver speeds that exceed the speed advertised, so those advertised speeds reasonably describe the upload and download speeds that you are likely to experience under real-world conditions, but may not represent the speed you will achieve at all times.
b. More specifically, the bandwidth available to a device connected to the Nymble network will vary depending upon the number, type, and configuration of devices using the Service, and the type of use (e.g., streaming media), among other factors. The speed of the Service will vary based on the condition of the relevant network infrastructure, your computer configuration, overall load on your internal network system, the condition of your cable lines and the wiring inside your location, and other factors that may be outside Nymble control. Nymble reserves the right, at any time and, with or without prior notice to you, to restrict or suspend the Service to perform maintenance activities and to maintain session control as necessary to maintain and improve appropriate customer service.
c. Nymble reserves the right to change any of the features, Content or applications of the Service, including the maximum speeds of the Service, rates and charges, required equipment, and upstream/downstream limitations, from time to time and with or without notice to you. If notice is provided, it will be provided pursuant to these Terms and Conditions or in any manner otherwise reasonably calculated to provide you notice.
d. If the equipment we provide you includes the ability to transmit internet signals wirelessly, also known as Wi‐Fi, Nymble will use reasonable efforts to provide useful and reliable Wi‐Fi service to you within the otherwise applicable terms of your Service, but you acknowledge that Wi‐Fi utilizes public, unlicensed radio‐frequency spectrum and, as a consequence is subject to many external interferences, environmental influences, and other factors and variables beyond Nymble’s control. Performance and availability of Wi‐Fi will vary depending on a number of factors, including but not limited to: (a) transmission and download speed and accuracy; (b) overall network usage patterns; (c) performance, configuration, and functionality of your Wi‐Fi devices and wireless cards (including, but not limited to, memory, storage and other limitations; (d) physical obstructions and distances between your Wi‐Fi device and the Nymble network; (e) availability of electric power; (f) collocation failures; (g) transmission and equipment limitations, failures, maintenance or repair; and (h) user error. Wi‐Fi may also be interrupted, refused, limited or curtailed for any of these reasons. Nymble is not responsible for data lost or misdirected due to these and other foreseeable or unforeseeable factors. Network speed is an estimate and is no indication of the speed at which your Wi‐Fi device or Nymble will operate. Actual network speed and other performance will vary.
e. If you have service problems, Nymble will attempt to correct service problems caused by our Equipment or Software; however, we are not required to install, service or replace other equipment or software. Depending on the circumstances, we may charge you for service calls.Specifically, if the issue cannot be diagnosed and solved remotely, and it is necessary to provide technical support in the field, you will be required to pre-pay for a Nymble service call; if it is determined based on that visit that the issue was caused by Nymble Equipment or Software, you will be reimbursed for the service call. For more information, please contact Nymble customer service in person, by phone, or online.
f. Nymble has no liability for service interruptions; however, if you lose all access to Service for more than 24 consecutive hours and the cause of the outage was within our reasonable control, Nymble will credit you for that period if you request. All credit requests must be made in writing within 45 days of the oyour next bill following the outage or service issue.
g. Notwithstanding anything else in these terms and conditions, Nymble has no obligation to compensate or credit you for service problems that are beyond our reasonable control. Without limitation, examples of problems that are per se beyond our reasonable control include those caused by storms and other natural disasters, vandalism, terrorism, regulations or governmental acts, fires, civil disturbances, electrical power outages, computer viruses, or labor disputes.
h. Local law may impose other outage credit requirements with respect to some or all of the Services. If this is the case in your area, we will follow the local law.
i. Equipment purchased from Nymble will be pre-provisioned to provide immediate Internet access following successful installation. Equipment not purchased through Nymble will need to go through a provisioning process, and it is necessary to contact Nymble to register and provision the Equipment prior to installation. Notwithstanding the foregoing, oOur Services may not in all cases work with equipment, software or services that we did not provide to you, and Nymble has no liability for this.
- Software Licenses and Third Party Services
a. For a fee or at no charge, Nymble may offer or otherwise provide you software which is owned by Nymble or its our third party licensors, providers and suppliers ("Software") for use in connection with the Service. You acknowledge that Nymble may not provide support for this Software. It is your responsibility to obtain support, updates, and upgrades directly from the Software vendor, and you acknowledge and agree that charges may apply. You agree that Nymble will have no liability to you or to anyone else for any claims relating to your use of the Software. You may use the Software only in connection with the Service and for no other purpose.
b. Certain Software may be accompanied by an end user license agreement ("EULA") from Nymble or a third party. Your use of the Software is governed by the terms of that EULA and by this Agreement, where applicable. You acknowledge and agree that you will not install or use any Software that is accompanied by or includes a EULA unless you first agree to the terms of the EULA.
c. For Software not accompanied by a EULA, you are hereby granted a revocable, non‐exclusive, non‐transferable license by Nymble or its applicable third party licensor(s) to use the Software (and any corrections, updates and upgrades thereto). You may not make any copies of the Software. You agree that the Software is confidential information of Nymble or its third party licensors and that you will not disclose or use the Software except as expressly permitted herein. The Software contains copyrighted material, trade secrets, patents, and proprietary information owned by Nymble or its third party licensors. You may not de‐compile, reverse engineer, disassemble, attempt to discover any source code or underlying ideas or algorithms of the Software, otherwise reduce the Software to a human readable form, modify, rent, lease, loan, use for timesharing or service bureau purposes, reproduce, sublicense or distribute copies of the Software, or otherwise transfer the Software to any third party. You may not remove or alter any trademark, trade name, copyright or other proprietary notices, legends, symbols, or labels appearing on or in copies of the Software. You are not granted any title or rights of ownership in the Software. You acknowledge that this license is not a sale of intellectual property and that Nymble or its third party licensors continue to own all right, title and interest, including but not limited to all copyright, patent, trademark, trade secret, and moral rights, to the Software and related documentation, as well as any corrections, updates and upgrades to it. The Software may be used in the United States only, and any export of the Software is strictly prohibited.
d. Your license to use the Software or any Additional Services will remain in effect until terminated by Nymble or its third party licensors, or until your access to the Service is terminated. Upon termination of your access to the Service, you must cease all use of and immediately delete the Software from your computer or other device.
e. If you subscribe to or otherwise use any third party services offered by Nymble, your use of such services is subject to the EULA of that third party provider. Violation of those terms may, in our discretion, result in the termination of your access to the Service.
f. All title and intellectual property rights (including without limitation, copyrights, patents, trademarks and trade secrets) in and to the Websites (including but not limited to, related software, images, photographs, animations, video, audio, music, text, and content), are owned by Nymble, its affiliates, associated companies, or licensors. All title and intellectual property rights in and to the information and content which may be accessed through use of the Websites are the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This Agreement does not grant you any rights to use such content, nor does it grant you any rights to the Websites, other than the right to use the Websites according to the terms of the Agreement.
- Pricing, Billing, Changes to Service Plans and Payment
a. You agree to pre-pay the fees applicable to your Service, which amounts include without limitation: (1) applicable taxes, (2) surcharges, (3) recovery fees, (4) other government fees or charges, (5) activation fees, (6) installation fees, (7) set‐up fees, (8) equipment charges, and, (9) late payment fees, (10) all other recurring and nonrecurring charges associated with the Service plan you have selected, and (11) any other fees or charges applicable under the terms and conditions of your service. Surcharges and fees are not taxes and are not required by law, but are set by Nymble and may change.
b. An installation fee (if you are having professional installation) and first month's Service charges are due at the time of service initiation.
c. Nymble may provide notices through your browser (which may interrupt your browsing session) or through other means, alerting you or any user that the Service may be suspended or that there are other issues with your service, and informing you to contact customer service. Such notices may be viewable by anyone connected to the network through your account. If your Service is terminated, a re‐connection charge may apply if you wish to renew Service.
d. You acknowledge and agree that you may also incur data charges or fees from a wireless or internet service provider for accessing online services or purchasing products and services through interactive options available through the Service. You are solely responsible for all charges or fees payable to Nymble or third parties, including all applicable taxes, and you are responsible for protecting the security of credit card and other personal information provided to third parties in connection with such transactions.
e. You may only take advantage of one special pricing promotion during any consecutive twelve (12) month period. Eligibility for promotional offers may be contingent upon payment of all outstanding charges. We may restrict and limit special pricing promotions on a per household basis no matter which household member seeks to be the named User.
a. You agree promptly to notify Nymble of any changes to your relevant personal or contact information.
- Service Alteration
a. Upon reasonable notice, Nymble reserves the right to change, limit, terminate, modify, or temporarily or permanently cease providing the Service or any part of it, and Nymble may immediately and without notice change, limit, terminate, modify, or cease providing the Service if you violate the terms of this Agreement or any other terms and conditions of service
b. Upon termination of this Agreement by either you or Nymble for any reason, you are not entitled to refund of any installation, activation, and set‐up fees paid at the initiation of your Service or at any other point in Service, and except as required by law there is no refund for any prepaid service.
a. Should you choose professional installation of Service, or request other service, you must be present during that installation or service. If software is installed, system files may be modified. Nymble strongly recommends that you back‐up all files prior to installation or service.
b. If a network interface card must be installed, you must have the network interface card installed prior to any Nymble installation of or work on the Service. You consent to the opening of the computer for installation, maintenance, repair, or removal of the network interface card as a condition of having asked Nymble to commence the work and install the network interface card, and you acknowledge, accept, and agree that opening the personal computer may void existing warranties of the computer manufacturer or other parties and
c. Should you request professional installation or other service from Nymble, yYou must provide Nymble and its authorized representatives with reasonable access to the premises to do such work.
d. Nymble is not responsible in any way for any damage to the Subscriber's property, personal computer, or peripherals, or to any software, files, or data, or the voiding of warranties, that may result from the installation, use, maintenance, or removal of the Service, except for instances of gross negligence onour the part of Nymble. In no event will Nymble's liability exceed the amount specified in paragraph 14, Warranties and Limitations of Liability.
- Management of Your Data, Computer, and other Devices
a. You are solely responsible for obtaining, maintaining and updating all equipment and software necessary to use the Service, and for management of your information, including but not limited to back‐up and restoration of your data. YOU AGREE THAT NYMBLE IS NOT RESPONSIBLE FOR THE LOSS OF YOUR DATA OR FOR THE BACK‐UP OR RESTORATION OF YOUR DATA REGARDLESS OF WHETHER THIS DATA IS MAINTAINED ON OUR SERVERS OR YOUR DEVICE(S) AND REGARDLESS OF WHETHER YOU HAVE ADVISED NYMBLE ABOUT THE DATA OR ITS IMPORATANCE TO YOU. YOU SHOULD ALWAYS BACK‐UP ANY IMPORTANT INFORMATION SEPARATELY FROM DATA STORED ON NYMBLE’S OR ANY THIRD PARTY'S SERVERS.
b. We reserve the right to: (1) use, copy, display, store, transmit and reformat data transmitted over our network and to distribute such content to multiple Nymble servers for back‐up and maintenance purposes; and (2) block or remove any unlawful content you store on or transmit to or from any Nymble server. We do not guarantee the protection of your content or data located on our servers or transmitted across our network (or other networks) against loss, alteration or improper access.
c. You agree that you are solely responsible for maintaining the security of your computer(s), device(s) and data, including without limitation, encryption of data and protection of your User ID, password and personal and other data. If you believe your login credentials have been lost or stolen, or that someone has gained access to your account or login credentials without your permission, call us immediately. WE STRONGLY RECOMMEND THE USE (AND APPROPRIATE UPDATING) OF COMMERCIAL ANTI‐VIRUS, ANTI‐SPYWARE AND FIREWALL SOFTWARE.
a. Nymble automatically measures and monitors network performance and the performance of your Internet connection and our network. We also will access and record information about your computer and Equipment's profile and settings and the installation of Software we provide. You agree to permit us to access your computer and Equipment and to monitor, adjust and record such data, profiles and settings for the purpose of providing the Service. You also consent to Nymble monitoring of your Internet connection and network performance, and to our accessing and adjusting your computer and Equipment settings, as they relate to the Service, Software, or other services, which we may offer from time to time. Any personally identifiable information collected for the purpose of network or computer performance monitoring or for providing customized technical support is not shared outside of Nymble and its related companies, or its authorized vendors, contractors and agents. Nymble reserves the right to modify the password(s) for the router(s) used with the Service in order to safeguard Internet security, the security and privacy of Subscriber information, where required by law, and/or for other good cause to provide, upgrade and maintain the Service, protect the network, other users of the Internet, or our Subscribers. Should Nymble change such password(s), we will use reasonable means to notify you, which may include email to a Primary Email Address on file and/or through notice on the Website.
a. Upon termination of this Agreement or your access to the Service, Nymble is authorized to delete all files, programs, data, e‐mail messages, and other materials associated with the account.
- Use of the Service, Limitations on Use of the Service
a. You acknowledge that the Service provides access to the Internet with regard to content and that some content on the Internet may be offensive or inappropriate for certain people, including information which may be sexually explicit, obscene, violent, or offensive to you or others using your account, or which otherwise may be unsuitable for children. You assume all responsibility for use of the Service by you or by other persons using your personal computer, mobile device, or account, including persons under 18 years of age. You agree to provide appropriate adult supervision for persons using the Service who are under 18 years of age.
Nymble is not responsible for (1) access by you or any other users to objectionable or offensive content, or (2) the effectiveness or failure of any blocking and filtering software that is designed to restrict access to objectionable or inappropriate material or to protect against disclosure of personal or other information. You agree that the Service may not be used by any person to violate any law.
b. You acknowledge and agree that Nymble: (1) is not responsible for invalid destinations, transmission errors, or the corruption of your data; (2) does not guarantee your ability to access all websites, servers or other facilities; and (3) does not guarantee that the Service is secure or will meet your needs.
c. The Service may incorporate software that responds to incorrect or non‐ existent domain names entered into a browser address bar. The software will direct you to a page selected by Nymble, which may offer similar search results and additional destination options generated by the software, and advertising or other information selected by Nymble. You may opt out of this service feature by clicking the “Opt Out of this Service” link at the bottom of the resulting web page.
d. The Service includes limits on the total volume of data (aggregate for both sending and receiving, measured in “bytes”) you can transfer in a billing month. You will not be able to use the Service beyond the amount of data you have purchased and for which you have pre-paid. For purposes of calculating the data used, Service usage is aggregated across all Nymble products on an individual account and used on a given modem.
e. Nymble's current network management techniques are detailed in its Internet Access Service Disclosure document, both of which are found at www.nymble.com/policies. Nymble routinely monitors its network and traffic patterns and makes changes as we deems necessary to manage and improve overall network performance, and we uses reasonable, nondiscriminatory, network management techniques to improve overall network performance to ensure a high‐quality online experience for all users. We use various tools and techniques to manage our network, deliver our service, and ensure compliance with our Acceptable Use Policy. Our network management activities may include identifying “SPAM” and preventing delivery to customer email accounts, detecting malicious traffic and preventing distribution of viruses or other harmful code or content and using tools and techniques in order to meet our goal of delivering the best possible Internet experience to our customers. Nymble's network management practices do not target any specific content, application, service or device. As network management issues arise and as technology develops, Nymble reserves the right to employ reasonable additional techniques or network management practices as necessary or desirable. By subscribing to the Service, you agree that your use of the Service is subject to Nymble’s network management practices.
f. You agree that Nymble assumes no responsibility for the accuracy, integrity, quality, completeness, usefulness, or value of any Content, advice or opinions found on any website or in any emails, message boards, chat rooms or community services, the Website, or in any other public services or social networks, and that Nymble does not endorse any advice or opinion contained therein, whether or not Nymble provides such service(s). Nymble does not monitor or control such services, although we reserve the right to do so.
g. You represent that when you transmit, upload, download, post or submit any content, images or data using the Service, you have the legal right to do so and that your use of such content, images or data does not violate the copyright or trademark laws or any other third party rights.
h. Websites linked to or from the Service are not reviewed, controlled, or examined by Nymble, and you acknowledge and agree that Nymble is not responsible for any losses you incur or claims you may have against the owner of third party websites. The inclusion of any linked websites or content from the Service, including websites or content advertised on the Service, does not imply endorsement of them by Nymble.
i. If you choose to access the Websites from locations outside the United States, you do so on your own initiative and you are responsible for compliance with all applicable local use controls, laws and regulations, including those relating to the transmission of technical data exported from or imported to the United States or the country in which you reside. Nymble makes no representation that materials on the Website are appropriate or available for use in specific locations, whether inside or outside the United States, and accessing them from territories where their contents are illegal is prohibited.
- Ownership and Use of Equipment
Internet technology changes rapidly; for the most up-to-date information the necessary equipment, please contact Nymble Customer Support. Please note at a minimum that in order to use Nymble Service, the computing device (including without limitation personal computers, desktops, laptops, tablets, IPODs, IPhones, smartphones or other similar device) to which the Service is connected must be capable of utilizing an internet browser. Many factors come into play with the display and quality of internet browser pages such as computer age, memory capacity and number and size of CPUs (central processing units), which are out of Nymble’s control. However, for the best customer experience, the following popular browsers may be useful:
i. Internet Explorer 8.0 of higher ii. Apple’s SAFARI 4.0 or higher iii. Google’s Chrome 4.0 or higher iv. Mozilla’s Firefox 3.5 or higher v. Opera Software’s Opera 9.0 or higher
b. To use the Service, your computer should support both IPV4 and IPV6 Internet Protocol Addressing.
c. If you request Nymble to move any Equipment from its original installed location during installation, a service charge may be assessed.
d. You must not attach any device that permits access to Services or service levels in violation of this Agreement or the Service plan you choose, or which is otherwise unlawful to use pursuant to local, state, or federal laws.
e. You may not attempt to modify the Equipment or Service in any manner (for example, altering the speeds at which your cable modem operates), or attempt to circumvent controls on any aspect of the Service (for example, exceeding the limit on the allowed traffic to and from newsgroup services provided by Nymble, or sending an excessively high volume of e‐mail messages). Such activity may cause degradation in the service for other Nymble customers or harm to the underlying network infrastructure, and may constitute a crime.
f. The following are and remain Nymble property unless abandoned according to law: (1) with the exception of the network interface card and any equipment specifically purchased by you, all Equipment installed by Nymble and (2) the cable and other non‐electrical equipment installed on the premises between the pole, pedestal, and ground block. The cable and other non‐electrical equipment installed between the ground block and the personal computer becomes a fixture on the property and will remain in place upon termination of the Service unless the Customer requests removal. If the Customer requests removal, a reasonable removal charge may apply.
g. Nymble reserves the right to seek and obtain reimbursement from you for any damage or injury to the Equipment, the Nymble System, or to Nymble’s business, whether temporary or permanent, which is caused by you or by persons using your Service. Violations of the law will be referred to the appropriate authorities.
- Warranties and Limitations of Liability
a. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE SUPPLIED HEREUNDER IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITH ALL FAULTS. EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THIS AGREEMENT AND AS OTHERWISE SPECIFICALLY SET FORTH IN ANY MANUFACTURER WARRANTY FOR ANY EQUIPMENT PROVIDED BY NYMBLE (BUT ONLY IF SUCH WARRANTY IS INCLUDED WITH SUCH EQUIPMENT), NYMBLE (AND ITS OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, CONTRACTORS, PARENT, SUBSIDIARIES, AND AFFILIATES) (COLLECTIVELY THE "NYMBLE PARTIES"), ITS THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS FOR THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON‐INFRINGEMENT, NON‐INTERFERENCE, TITLE, COMPATIBILITY OF COMPUTER SYSTEMS, COMPATIBILITY OF SOFTWARE PROGRAMS, INTEGRATION, AND THOSE ARISING FROM COURSE OF DEALING, COURSE OF TRADE, OR ARISING UNDER STATUTE. IN ADDITION, THERE IS NO WARRANTY OF WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE. NO ADVICE OR INFORMATION GIVEN BY THE NYMBLE PARTIES SHALL CREATE A WARRANTY WITH RESPECT TO ADVICE PROVIDED.
b. YOU ASSUME ALL RISK, RESPONSIBILITY, AND LIABILITY FOR USE OF THE SERVICE TO CONNECT TO, AND ACCESS CONTENT ON, THE INTERNET. SUCH CONTENT MAY INCLUDE INFORMATION OR PROGRAMS OF AN UNLAWFUL, INFRINGING, ABUSIVE, PROFANE, OR SEXUALLY OFFENSIVE NATURE. THE NYMBLE PARTIES HAVE NO LIABILITY FOR ANY CLAIMS, LOSSES, ACTIONS, DAMAGES, SUITS, OR PROCEEDINGS ARISING OUT OF OR OTHERWISE RELATING TO SUCH CONTENT OR FROM USE OR RELIANCE UPON INFORMATION, SERVICES, OR MERCHANDISE ACCESSED ON THE INTERNET THROUGH THE SERVICE.
c. THE NYMBLE PARTIES MAKE NO REPRESENTATION OR WARRANTY THAT ANY SOFTWARE INSTALLED ON THE PERSONAL COMPUTER OR THAT YOU MAY DOWNLOAD FROM THE INTERNET, ON‐LINE SERVICE PROVIDER, OR OTHER INFORMATION PROVIDER DOES NOT CONTAIN ANY VIRUS OR OTHER DAMAGING OR DESTRUCTIVE ATTRIBUTE. THE NYMBLE PARTIES HAVE NO RESPONSIBILITY AND ASSUME NO LIABILITY FOR SUCH ACTS OR OCCURRENCES.
d. THE NYMBLE PARTIES DO NOT WARRANT THAT THE SERVICE OR EQUIPMENT PROVIDED BY NYMBLE WILL ALWAYS PERFORM AT A PARTICULAR SPEED, BANDWIDTH OR DATA THROUGHPUT RATE, OR WILL BE UNINTERRUPTED, ERROR‐FREE, SECURE, OR FREE OF VIRUSES, WORMS, DISABLING CODE OR CONDITIONS, OR THE LIKE. THE NYMBLE PARTIES SHALL NOT BE LIABLE FOR LOSS OF YOUR DATA, OR IF CHANGES IN OPERATION, PROCEDURES, OR SERVICES REQUIRE MODIFICATION OR ALTERATION OF YOUR EQUIPMENT, RENDER THE SAME OBSOLETE OR OTHERWISE AFFECT ITS PERFORMANCE.
e. IF THE EQUIPMENT PROVIDED HAS THE ABILITY TO TRANSMIT INTERNET SIGNALS WIRELESSLY, IT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT EXPRESSED OR IMPLIED WARRANTIES OF ANY KIND WHATSOEVER (INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, NON‐ INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE), OTHER THAN THOSE WARRANTIES THAT ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS OF SERVICE. WE MAKE NO WARRANTIES THAT WIRELESS INTERNET SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, SECURE, OR FREE OF VIRUSES, WORMS, DISABLING CODE OR CONDITIONS, OR THE LIKE, OR THAT THE WIFI SERVICE WILL PERFORM AT A PARTICULAR SPEED, BANDWIDTH OR THROUGHPUT RATE. WIRELESS INTERNET SERVICE SHOULD NOT BE RELIED ON FOR CRITICAL USES. THE WIRELESS INTERNET SERVICE USES RADIO TRANSMISSIONS, SO YOU MAY NOT BE ABLE TO USE THE WIRELESS INTERNET SERVICE BASED ON A VARIETY OF CRITERIA BEYOND NYMBLE'S CONTROL. THERE ARE MANY FACTORS THAT MAY IMPACT AVAILABILITY AND QUALITY OF THE WIRELESS INTERNET SERVICE, INCLUDING NETWORK CAPACITY, TERRAIN, TREES, PLACEMENT OF BUILDINGS, THE CHARACTERISTICS OF YOUR RESIDENCE, AND THE CHARACTERISTICS OF YOUR WIRELESS DEVICE AND ANY DEVICE TO WHICH IT IS ATTACHED. DATA DELAYS AND OMISSIONS MAY OCCUR.
f. EXCEPT FOR THE SERVICE INTERRUPTION CREDIT DESCRIBED IN SECTION 6, ABOVE, AND THE INSTALLATION DAMAGES PROVISIONS DESCRIBED IN SECTION 10, ABOVE, NYMBLE WILL NOT BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OF ANY KIND BASED ON BREACHES OF THIS AGREEMENT OR ARISING FROM YOUR RELATIONSHIP WITH US, REGARDLESS OF THE BASIS OF ANY CLAIM OR THE THEORY OF LIABILITY. THIS WAIVER INCLUDES WITHOUT LIMITATION CLAIMS BASED IN CONTRACT, TORT, NEGLIGENCE STRICT LIABILITY OR STATUTE. IN NO EVENT SHALL THE NYMBLE PARTIES BE LIABLE FOR: (A) ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OR ATTORNEYS’ FEES, OF ANY KIND OR CHARACTER, INCLUDING WITHOUT LIMITATION, PERSONAL INJURY, DAMAGE TO EQUIPMENT OR SURROUNDINGS, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, BUSINESS INTERRUPTION, LOST PROFITS, OR LOSS OF REVENUE, FAILURE TO REALIZE SAVINGS OR OTHER BENEFITS, LOSS OF PROGRAMS OR INFORMATION OR DAMAGE TO DATA ARISING OUT OF THE USE OR PARTIAL USE OF, OR INABILITY TO USE, THE SERVICE, OR RELIANCE ON OR PERFORMANCE OF THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, THOSE ARISING UNDER CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR STATUTE, EVEN IF NYMBLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES, OR (B) ANY CLAIMS AGAINST YOU BY ANY OTHER PARTY.
You agree to defend, indemnify, and hold harmless Nymble from and against all liabilities, costs, and expenses, including reasonable attorneys' fees and experts' fees, related to or arising from your use of the Service (or the use of your Service by anyone else): (a) in violation of applicable laws, regulations or this Agreement; (b) for the placement or transmission of any message, information, software or other materials through the Service; (c) in any manner that harms any person or results in the personal injury or death of any person or in damage to or loss of any tangible or intangible (including data) property; and (d) claims for infringement of patents, copyrights, or other intellectual property rights, or breach of contract or any other claim arising from the use of the Service.
- General Provisions
a. All obligations of the parties under this Agreement, which, by their nature, would continue beyond the termination of this Agreement, including without limitation, those relating to Limitation of Liability and Indemnification, shall survive such termination.
b. You may not assign or otherwise transfer this Agreement, or your rights or obligations under it, in whole or in part, to any other person. Any attempt to do so shall be void. Nymble may freely assign all or any part of this Agreement with or without notice and you agree to make all subsequent payments as directed.
c. This Agreement is governed by and construed in accordance with the laws of the State of Ohio.
d. Nymble's failure at any time to insist upon strict compliance with any of the provisions of this Agreement shall not be construed to be a waiver of such terms in the future. If any provision of this Agreement is determined to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect and the unenforceable portion shall be construed as nearly as possible to reflect the original intentions of the parties.
e. This Agreement, including all Policies referred to herein and posted on the Website, constitutes the entire agreement between you and Nymble with respect to the subject matter hereto and supersedes any and all prior or contemporaneous agreements whether written or oral. No changes by you to this Agreement shall be effective unless agreed to in a writing signed by an authorized person at Nymble.
a. Notice by Nymble to you (including notice of revisions to this Agreement) shall be deemed given when provided pursuant to the terms of this Agreement, including without limitation when: (a) transmitted to your Primary Email Address; or (b) mailed via the US mail or hand‐delivered to your address on file with us (including through a bill message or bill insert); (c) seven (7) days after they are posted on the Website, subject to notification of this posting to Users via a PerfTech other service message system (d) thirty (30) days after publication in the Toledo Blade or in the newspaper with the largest daily circulation in the relevant service area, or (e) when provided in any manner reasonably calculated to provide you with adequate notice. As a Subscriber to the Service, you agree to visit the Website periodically and to check your email box to review any revisions to this Agreement.
b. Notice by you to Nymble will be deemed given when: (a) transmitted from your Primary Email Address to an email address designated by Nymble for receipt of such notices or (b) when mailed via the US mail or hand‐delivered to Nymble at 5566 Southwyck Blvd., Toledo, Ohio 43614, Attention: Customer Service or, if you receive Service from our Erie County location, 409 East Market Street, Sandusky, Ohio 44870. If you send us an email, you agree that the User ID and/or alias contained in the email is legally sufficient to verify you as the sender and the authenticity of the communication.
- Dispute Resolution; Arbitration; Class Action Waiver
YOU HAVE THE RIGHT TO OPT OUT OF THIS DISPUTE RESOLUTION PROVISION (EXCEPT ITS JURY TRIAL WAIVER) WITHIN 30 DAYS OF RECEIPT OF THIS AGREEMENT, IF YOU FOLLOW THE PROCEDURES SET FORTH BELOW. IF YOU SO OPT OUT, THE SOLE VENUE FOR ANY ACTION UNDER THIS AGREEMENT OR ANY CLAIM ARISING, DIRECTLY OR INDIRECTLY, OUT OF THIS AGREEMENT OR THE SERVICES AT ISSUE IS IN THE STATE OR FEDERAL COURTS LOCATED IN LUCAS COUNTY, OHIO, AND THE PARTIES EXPRESSLY AGREE TO THE EXERCISE OF PERSONAL JURISDICTION IN THOSE COURTS. OTHERWISE, YOU WILL BE BOUND TO SETTLE ANY DISPUTES YOU MAY HAVE WITH NYMBLE THROUGH THE FOLLOWING DISPUTE RESOLUTION PROCEDURES.
a. You and Nymble agree to arbitrate rather than litigate in court any and all claims or disputes between us (including any parents, subsidiaries, affiliates, related companies, officers, directors, employees, or agents of Nymble) that arise out of or in any way relate to: (1) this Agreement; (2) Services that Nymble provides to you in connection with this Agreement; (3) Equipment or Software that Nymble makes available to you; (4) amounts that Nymble charges you for services or goods provided under this Agreement; and (5) any services or goods that Nymble or any of its affiliated entities provide to you under this or any other agreement, including claims that Nymble damaged persons or property in the delivery of goods or services under this or any other agreement. The arbitration between you and Nymble will be binding and judgment on the award rendered in the arbitration may be entered in any court having jurisdiction thereof.
In no event shall this provision prevent you from filing or joining a complaint with the Federal Communications Commission or any state public service commission or public utility commission that has jurisdiction to hear such complaint, or any federal, state, or local government agency that is authorized by law to seek relief against Nymble on your behalf.
b. In arbitration, there is no judge and no jury, and review of arbitration decisions in the courts is very limited. Instead, our disputes will be resolved by an arbitrator, whose authority is governed by the terms of this Agreement. You and Nymble agree that an arbitrator may only award such relief as a court of competent jurisdiction could award, limited to the same extent as a court would limit relief pursuant to the terms of this Agreement. An arbitrator may award attorneys’ fees and costs only if a court would be authorized to do so, and may issue injunctive or declaratory relief if that relief is required or authorized by the applicable law, but that injunctive or declaratory relief may not extend beyond you and your dealings with Nymble. Discovery may be limited in arbitration, and procedures are more streamlined than in court. Notwithstanding this arbitration agreement, you and Nymble may bring appropriate claims against each other in small claims court, if the claims fall within the small claims court’s jurisdiction, or before the Federal Communications Commission, the relevant state public utilities commission, or any other federal, state, or local government agency (other than local, state, or federal courts) authorized by law to hear the claims.
c. Class Action Waiver: You and Nymble agree that that there will be no class, representative, or consolidated actions, and all claims or disputes between you and Nymble will be arbitrated individually. If you or Nymble brings a court claim, the class action waiver will apply, and neither of us can bring a claim on a class or representative basis. Furthermore, neither you nor Nymble may participate in a class or representative action as a class member if the class action asserts claims that would fall within the scope of this arbitration agreement if they were directly asserted by you or Nymble.
d. Notwithstanding the foregoing, this arbitration agreement shall not prohibit you or Nymble from participating in any judgment or settlement in any litigation brought by a federal, state, or local government on behalf of you or us, excluding litigation brought by any relator or party in its capacity as a private attorney general. We both agree that this class action waiver is an essential part of our arbitration agreement and that if this class action waiver is found to be unenforceable by any court or arbitrator then the entire arbitration agreement set forth in this Section will not apply to any claim or dispute between you and Nymble, except for the provisions of this Section waiving the right to jury trial. This class action waiver may not be severed from our arbitration agreement.
e. Informal Dispute Resolution: You and Nymble agree that we will try to resolve disputes informally before resorting to arbitration. If the dispute cannot be resolved by telephone, you agree to notify Nymble of the dispute by sending a written description of your claim to Nymble Customer Service, 5566 Southwyck Blvd., Toledo, Ohio 43614, so that Nymble can attempt to resolve it with you. If Nymble does not satisfactorily resolve your claim within 30 calendar days of receiving notice of it, then you may pursue the claim in arbitration. Neither you nor Nymble may initiate arbitration without first providing the other notice of the claim and following the informal dispute resolution procedure provided in this paragraph.
f. Arbitration Procedures: You and Nymble agree that this Agreement affects interstate commerce and that the Federal Arbitration Act applies. All arbitrations shall be conducted by the American Arbitration Association (“AAA"). The AAA’s rules are available on its website at www.adr.org or by calling 1‐800‐778‐7879. If the claim asserted in arbitration is for less than $75,000, the AAA's Supplementary Procedures for Consumer‐Related Disputes will apply. If the claim asserted is for $75,000 or more, the Commercial Arbitration Rules will apply. If there is a conflict between the AAA's rules and this dispute resolution agreement, this dispute resolution agreement shall control. To initiate arbitration, you must send a letter requesting arbitration and describing your claims to Office of the President, Nymble Internet Services, 5566 Southwyck Blvd., Toledo, Ohio 43614. You must also comply with the AAA's rules regarding initiation of arbitration. Nymble will pay all filing fees and costs for commencement of an arbitration, but you will be responsible for your own attorneys’ fees and costs unless otherwise determined by the arbitrator pursuant to the terms of this Agreement or applicable law. Nymble will not seek to recover its fees and costs from you in the arbitration unless your claim has been determined to be frivolous. If you obtain an award from the arbitrator greater than Nymble’s last written settlement offer, we will pay you $1,000 in addition to what you have been awarded in the arbitration. The arbitration will be held in a mutually convenient location. If you seek less than $10,000, then you may choose to hold the arbitration in person, via phone, or to have it decided based on written submissions.
g. Jury Trial Waiver: If for any reason this arbitration agreement is found to be unenforceable, including without limitation, that the class waiver is found unenforceable, or if you opt out of this dispute resolution agreement, you and Nymble expressly and knowingly WAIVE THE RIGHT TO TRIAL BY JURY. This means that a judge rather than a jury will decide disputes between you and Nymble if, for any reason, the arbitration agreement is not enforced.
h. Opt Out: You may opt out of this dispute resolution provision (except for the jury trial waiver above) by notifying Nymble, in writing, of that intent within 30 days of the date of this Agreement. You may opt out by sending a letter stating your intent to Nymble Internet Services, 5566 Southwyck Blvd., Toledo, Ohio 43614, Attention: Office of the President. Please include your name, address, and modem serial number on the communication. Exercising this right, should you choose to do so, will not affect any of the other terms of this Agreement or other contracts with Nymble and you may remain a Nymble customer. If you opt out of the dispute resolution provision, you will not be required to do so again if Nymble modifies this section in the future or you agree to a new term of service. IF YOU ELECT TO OPT OUT OF THIS DISPUTE RESOLUTION PROVISION, YOU MUST MAKE THAT ELECTION AT THE INITIAL PROVISION OF SERVICE AND YOU MAY NOT OPT OUT LATER UPON CHANGES TO THE SERVICE OR CHANGES TO THIS AGREEMENT.
i. Survival: This dispute resolution provision survives the termination of this Agreement. If you bring a claim against Nymble after termination of this Agreement that is based in whole or in part on events or omissions that occurred while you were a Nymble customer, this dispute resolution provision shall apply.
j. Nothing contained herein shall limit your ability to seek redress at the Federal Communications Commission under applicable rules and regulations.
- Email and Email Messaging Services
Nymble reserves the right to provide the level of security we deem appropriate to safeguard our network and customers, and other Internet users, against Internet threats or abuses, including viruses, spam and phishing threats. These security measures may include, but are not limited to, the use of firewalls and block lists to block potentially harmful or abusive emails or attachments, anti‐spam filters, anti‐virus and anti‐spyware software, and blocking selected ports. Such activities may result in the blocking, filtering or non‐delivery of legitimate and non‐legitimate email sent to or from your device. By using Nymble service, you agree that delivery and receipt of email and other communications is not guaranteed and to Nymble’s use of such Internet security measures as we, in our sole discretion, deem appropriate.
- Technical Support
a. Telephone and on‐site support will be provided for the Service, Equipment and software supplied by Nymble. Nymble is not obligated to correct or repair hardware, software, or equipment that we does not supply, and we may charge a fee for telephone or on‐site support, which fee must be pre-paid prior to service.
b. You are not authorized to tamper with, attempt to repair, or alter the equipment you do not own; any property of Nymble; or any connection to Nymble's network. You are not authorized to alter or increase the speed of your connection to the Nymble network, or to attempt to do so. If your use or modification of hardware, software, or Equipment requires a visit to your residence where we provide Service for repair or correction, a charge may apply. You are responsible for all costs incurred by Nymble arising from a violation of this paragraph by you or by anyone who uses the Service supplied to you.
NYMBLE INTERNET ACCESS SERVICE DISCLOSURES
Consistent with FCC regulations, Nymble Internet Service provides this information about our Internet access services (“Nyble” or “Nymble services”). We welcome questions or comments about this information, including any questions about any portions you do not understand. You may contact us in person at 5566 Southwyck Boulevard, Toledo, Ohio 43614, or by phone at 844-4-NYMBLE (696253).
General description. We continually monitor our network and traffic patterns and make changes we deem necessary to manage and improve overall network performance. Nymble uses reasonable, nondiscriminatory network management practices to improve overall network performance and deliver a high-quality online experience for all users. We use various tools and techniques to manage our network, deliver our service, and ensure compliance with our Acceptable Use Policy and our Residential Terms and Conditions of Service.
Our network management activities may include identifying spam and preventing its delivery to customer email accounts, detecting malicious traffic and preventing distribution of viruses or other harmful code or content and using tools and techniques in order to meet our goal of delivering the best possible Internet experience to our customers. Our network management practices do not target any specific content, application, service, or device. As technology develops and network management issues arise, our commitment to providing a high-quality product for our customers may dictate that we employ additional or new network management practices. We will update these disclosures as necessary.
Related documents and disclosures. Use of Nymble service is also governed by:
- Acceptable Use Policy, available at
- Terms and Conditions of Service, available at
- Minimum Equipment Requirements, available at
- User Privacy, available at
These documents contain important information regarding Nymble service and its use and may be subject to updates and revisions. We encourage you to review them on a regular basis.
Congestion Management. This section describes any network management practices used to address congestion on the network.
Congestion management practices used.
Real-time traffic review and proactive engineering. The best way to “manage” congestion is to try to avoid it in the first place. Nymble’s system has been engineered to avoid network congestion and so to eliminate the need for reactive congestion management. Nymble utilizes real-time monitoring and application/protocol agnostic means of maximizing performance for its customers. Where this monitoring reveals the potential for future congestion, Nymble works to engineer and implement a solution to eliminate that risk.
Types of traffic affected. To the extent congestion may occur on the system, all types of network traffic potentially would be affected. As noted above, Nymble works across its network to improve performance and eliminate risks of network congestion.
Purposes of congestion management practices. Nymble’s Internet network is a shared network. This means our customers share upstream and downstream bandwidth. We engineer our network to meet or exceed the anticipated demands by our highest bandwidth users during periods of peak network traffic. Nymble’s overall goal is to engineer a system that provides all of its customers with full and unlimited access to its network, eliminates congestion, and therefore avoids the need for reactive congestion management practices.
Congestion management criteria. Our network performance is monitored in real time and with the goal of proactively avoiding problems, rather than reacting to problems. Should Nymble’s monitoring reveal the potential for future congestion, it works to engineer and implement a solution to eliminate that risk.
Effects on end user experience. As noted above, where monitoring reveals to Nymble the potential for future congestion, it works to engineer a solution to eliminate that risk. Nymble’s approach is intended to have no noticeable impact on end-user experiences. Should it become necessary in the future, based on new technologies or unforeseen developments, to implement an active congestion management program, Nymble will update these disclosures and notify its customers of the program and the likely impact on user experiences.
Application-Specific Practices. This section discloses any application-specific practices we use.
Management of specific protocols or protocol ports. Nymble does not currently employ any practices that affect specific protocols or ports: all ports and protocols are equally subject to our real-time review and management. However, in general traffic may broadly be categorized into time-sensitive and non-time-sensitive, based upon the impact the traffic intervention would have on the customer’s online experience. If necessary to ensure network and end user security, and as otherwise described below, we may employ practices that affect specific protocols or ports. Should that be necessary, we will update these disclosures and specify how it is managing specific protocols or protocol ports.
Modification of protocol fields. Nymble does not modify protocol fields.
Applications or classes of applications inhibited or favored. Nymble’s congestion avoidance and other management practices are application and protocol agnostic and are not designed to inhibit or favor any application or class of application.
Device Attachment Rules. This section addresses any limitations on attaching lawful devices to our network. Nymble places no general restrictions on lawful devices that a customer may connect to our network, so long as the device: (i) is compatible with our network; and (ii) does not harm our network or other users.
General restrictions on types of devices to connect to network. To enable the Service, the computer in which the Service is installed must meet the minimum requirements set forth in Nymble’s Minimum Equipment Requirements, available at http://www.nymble.com/policies
Cable Modems. Cable modems are available from Nymble for a fee Only devices that have been fully certified by CableLabs as compliant with DOCSIS 3.0 specifications and that are fully compatible with and consistently reliable on the Nymble network may be used. At this point, the only modem that meets these criteria is the ARRIS CM820 non-WiFi DOCSIS 3 8x4 modem. Nymble continue to test other modem models for compatibility and reliability on its network. Please contact Nymble customer service with any questions regarding the available cable modems.
Once equipment is operational on Nymble’s network, Nymble will manage and update the firmware as needed to maintain the required functionality and for the duration of the customer relationship. Modems purchased from Nymble are sold provisioned for the Nymble system, and will provide immediate access to the Internet following successful installation. Modems not purchased through Nymble will need to be registered with Nymble and provisioned through the Nymble system, prior to installation.
Network and End User Security. This section provides a general description of the practices we use to maintain security of our network and our users.
Practices used to ensure end user security, including triggering conditions.
SMTP traffic (mail clients): Nymble’s system allows customers to only send e-mail traffic (SMTP) using dynamically-assigned IP addresses. This prevents SPAMMERS from exploiting these computers as a relay for illicit e-mail traffic. While these customers may receive e-mail into a client (i.e. Outlook Express) via POP3, they may not send outbound mail through another server.
Virus filtering: Nymble employs industry standard virus scanning and prevention techniques on its e-mail platform for mail inbound from the public network. Should an e-mail message be found to contain a virus or other harmful content, the message will be deleted without notification given to either the sender or the intended recipient(s).
Practices used to ensure security of the network, including triggering conditions. Nymble uses a variety of industry standard practices to protect our network from harmful attacks.
Traffic monitoring: Viruses, worms, Trojans, and other “malware” or “spyware” pose a significant threat to the Nymble network. In an effort to minimize these threats, we constantly monitor the activity and traffic patterns of its network. If we reasonably determine that originating traffic from a user is a form of harmful traffic, we will suppress the flow of some or all of the traffic from that user until we determine the harmful traffic has ceased or that the traffic is legitimate traffic.
Connection limits: Based on the reasonable capacity of its network, Nymble limits the number of simultaneous connections for any modem during an online session. This limit is currently set at 1,500. Experience has shown that a typical user utilizes about a dozen simultaneous connections for a routine session. By limiting the number of simultaneous connections, but setting this limit well above the number of connections typically utilized by users, Nymble is able to provide high-quality connections for its customers while still providing a means of identifying and defending against malicious attempts to harm the network or other users.
General Service Description. Nymble includes at purchase wiring, a cable modem and a network interface card (NIC) for the personal computer, if required. Through the Service, Nymble serves as a local Internet service provider (ISP). The Service enables Nymble’s Internet subscribers to access all lawful content, applications, and services of their choice freely available on the Internet.
Service technology. We deliver Nymble internet service over a hybrid fiber-coaxial (HFC) network using the Data Over Cable Service Interface Specification (DOCSIS). Service is provided using a Cable Modem Termination System (CMTS), hardware in a local cable network that acts as a gateway to the Internet for cable modems located at the customer premise. Cable modems in turn are used to access Nymble’s network. This is a shared network, which means that our customers share upstream and downstream bandwidth.
Expected and Actual Speeds and Latency.
Expected performance. Nymble provides residential customers with a 9 Mbps download and 2 Mbps upload speeds. This speeds is a maximum upload and download speeds that customers are likely to experience, but though Nymble provisions its customers’ modems and engineers its network to ensure that its customers can enjoy the speeds to which they subscribe, it does not guarantee that a customer will actually achieve those speeds at all times. A variety of factors can affect upload and download speeds, including without limitation customer premises equipment; network equipment; unexpected congestion on our network; congestion beyond our network; and performance issues with an Internet application, content, or service. Without purchasing an expensive, dedicated Internet connection, no provider can guarantee a specific speed to its customers at all times, under all conditions, and notwithstanding any other challenges to the network system. That said, Nymble’s system is actually engineered to provide up to 110% of the maximum speed advertised. Accordingly, the speeds advertised for Nymble Internet access service provide a relatively accurate description of the likely in-the-field performance of the connection.
Latency. Latency is another measurement of Internet performance. Latency is the time delay in transmitting or receiving packets on a network. Latency is primarily a function of the distance between two points of transmission, but it can also be affected by the quality of the network or networks used in transmission. Latency is typically measured in milliseconds, and generally has no significant impact on typical everyday Internet usage. As latency varies based on any number of factors, most importantly the distance between a customer's computer and the ultimate Internet destination (as well as the number and variety of networks your packets cross), it is not possible to provide customers with a single figure that will define latency as part of a user experience.
Actual speed and latency performance. Actual speed performance in terms of speed and latency may vary depending upon network conditions and other factors. For example, experienced performance may be affected by the capabilities and limitations of the consumer’s own computer or local area network (“LAN”) devices such as home WiFi routers, or by the performance of content and applications providers the consumer is accessing. Actual performance of Nymble’s internet service in most cases will conform to national wireline Internet speed and latency levels reported by the FCC. The FCC has reported that customers of coaxial cable-based Internet services receive mean download speeds that are within 101% of advertised speeds during non-peak hours, and 102% of advertised speeds during peak hours. In addition, the FCC has reported that these same customers experience average latency delays of __milliseconds during non-peak hours, although that number decreases to ___milliseconds during peak hours.
Customer Speed Test. Nymble provides an online speed test for its customers, available at: http://speedtest.buckeye-express.com/index.html.
Suitability of the Service for Real-time Applications. Nymble’s service is suitable for typical real-time applications including messaging, voice applications, video chat applications, gaming, streaming media. If users or developers have questions about particular real-time applications, please contact us in person at 5566 Southwyck Boulevard, Toledo, Ohio 43614 or by phone at 419-724-9800.
Non-BIAS Data Services.
Non-BIAS services offered to end users. At the level of speed and connectivity provided with Nymble, non-broadband Internet access services (“non-BIAS”) data services, such as voice over Internet Protocol (VoIP), are not available at this point.
Effects of non-BIAS data services on availability and performance of broadband Internet access service. As noted above, non-BIAS services like VOIP are not being offered via the Nymble network, and so at this point such services have no effect on the availability and performance of Nymble high-speed internet service.
Prices. Nymble currently a 9 Mbps downstream/ 2 Mbps upstream service with 250 GM data allowance, for the price of $49.99; however, this price is subject to change. In addition, the equipment used to provide this service has the capacity of serving a variety of potential service packages and Nymble may release and market those packages in the future. Please see for http://www.nymble.com for any updates on pricing.
As noted above, Nymble’s package includes a limited volume of total data (aggregate for both sending and receiving) a customer can transfer in a billing month. Specifically, the total volume permitted for each tier of service is called the tier’s “data transfer allowance.” Customers that need additional data may purchase that data for an additional fee; any additional data transfer allowances will be billed at a flat rate; no partial allotments will be made.
These applicable speeds, data allowances, and fees are subject to change. See www.nymble.com/rates for additional information.
Inspection of network traffic. Nymble routinely monitors its network and traffic patterns.
Traffic monitoring: Viruses, worms, Trojans, and other “malware” or “spyware” pose a significant threat to the uninhibited and beneficial access to the resources on the Internet. One of the more prevalent forms of such disruptions is found in infections from viruses and worms perpetrated by SPAMMERS for the sole purpose of using unsuspecting Internet users’ computers to send out their illicit e-mail. In an effort to minimize the impact of this type of infection, Nymble constantly monitors the activity and traffic patterns of its network.
Infected messages: Nymble employs industry standard virus scanning and prevention techniques on its e-mail platform for mail inbound from the public network.
Storage of network traffic information. Nymble stores broad categories of network traffic information (e.g., web browsing, email, entertainment) and makes available to its customers periodic graphic representations of their network traffic patterns by category over time. The data generated on each customer’s usage is divided into broad categories for analysis to help Nymble monitor and predict trends in usage for our customers as a whole.
Provision of aggregate or anonymized network traffic information to third parties. Nymble provides the broad categories of network traffic information on an anonymized basis to CableLabs for the purpose of aiding Nymble in providing other customer service; analyzing usage trends and bandwidth management; and provisioning our broadband Internet access service; or if required by law.
Use of network traffic information for non-network management purposes. Except as specifically described herein, Nymble does not use network traffic information for non-network management purposes.
Privacy Policies. Nymble collects and stores information from many sources as it relates to providing and maintaining the Service to its customers. Individually identifiable customer information, including network traffic information and usage data obtained in our role as your broadband Internet access service provider is only used to provide the service, improve your use of the service, manage our network, or as otherwise required or authorized by law. Further details found at www.nymble.com/privacy.
Redress Options. Nymble welcomes questions about its services. We publish company contact information to the public at large, including edge providers, on our website, available at http://www.nymble.com. This section discloses redress options for end-users and edge providers. For all complaints, we will provide an initial response within 15 business days of receipt. We will attempt to resolve complaints informally, escalating the matter to senior management if needed.
End-user complaints and questions: Nymble provides its customers multiple means of resolving complaints and submitting questions to the company; however, unless required by law, prepaid services are non-refundable. Customer Support information is available on the website http://www.nymble.com, and customers may contact Nymble concerning their service via Internet chat or by telephone. Nymble employees are available by telephone [844-4-NYMBLE (696253)] on a 24/7 basis to answer questions and address complaints. Customers also may reach Nymble employees via in-bound email and messages, which are responded to promptly as employees become available. In addition, once each year, Nymble’s owners and senior executives encourage customer contact by sending subscribers their office and personal telephone numbers.
Edge provider complaints and questions: Nymble publishes company contact information to the public at large, including edge providers, on its website, available at http://www.nymble.com. Edge providers may also contact Nymble via the contact information maintained by the American Registry for Internet Numbering (“ARIN”) with questions concerning Nymble’s high speed Internet access service. Or, contact may be initiated through Penny Perrine by phone at 419-724-7220 or via email at email@example.com.