Generally
This Agreement is hereby entered into by and between Midwest
Internet Technologies, Inc. (hereafter referred to as MIDWEST INTERNET)
and anyone paying for and using the services of MIDWEST INTERNET
(hereafter referred to as User(s)). By paying for and/or using the
services of MIDWEST INTERNET, the User(s) is/are agreeing to the terms
of this Agreement and agreeing to be bound by them.
All provisions of this Agreement
apply to the User(s) Principal Account(s) and any additional account(s)
billed to the Principal Account. The benefits of or rights conferred by
this Agreement are non-transferable. Use of Internet Access accounts are
expressly limited to the individual or business whose name appears on
the account.
User(s) is responsible for all
hardware and software, setup of such, unless other provisions are made
between MIDWEST INTERNET and the User(s) as part of their account as
determined by MIDWEST INTERNET. We will provide the User(s) with an
initial copy of Internet connectivity software if desired by customer.
Such software may or may NOT be at an extra charge, depending on the
User(s) account type and any special promotions that are available at
the time. MIDWEST INTERNET provides the software "as is", with no
warranty or guarantee's implied or otherwise.
User(s) agrees to use the service in
a manner consistent with any and all applicable local, state and federal
laws and regulations. MIDWEST INTERNET will fully cooperate with any law
enforcement agencies and their investigations into violations of
applicable laws. This agreement is made in and shall be construed under
the laws of the United States and the State of Missouri. User(s) agrees
that this Agreement is made in Jackson County, Missouri and that User(s)
expressly consents to jurisdiction of the Courts of Jackson County
Missouri and/or the Federal District Court for the Western District of
Missouri should any aspect of this Agreement or the User’s use of the
Internet Access be subject to litigation. User(s) expressly agrees that
User(s) account(s) may be suspended or terminated, without notice, if
the User(s) breaches any part of this Agreement.
If the User(s) is less than 18 years
of age, the account(s) must be opened by a parent or legal guardian, who
is agreeing to, be responsible for all charges and usage, related to the
use of the User(s) account(s) and to this Agreement.
User(s) agrees that he/she is
expressly responsible for all use of User(s) account(s) and the security
and confidentiality of the User’s password(s).
MIDWEST INTERNET will suspend access
or change access to User’s accounts immediately upon the notification by
User(s) that his or her password has been lost, stolen, or otherwise
compromised. The INTERNET is not SECURE and, absent a written agreement
to the contrary involving a secure server, MIDWEST INTERNET cannot and
will not guarantee the privacy of any User’s account. Encryption
software may be purchased by the User(s) to help you protect your privacy.
A dial-up/Internet/wireless account
with MIDWEST INTERNET entitles only the named User(s) and members of the
same household living at the same address to establish an Internet
connection. Under no circumstances may multiple connections be
established simultaneously by the same account, if a User(s) establishes
multiple simultaneous dial-ups/connections with or from the same account
or attempts to resell or allow others to connect to internet services
through their connection or account, MIDWEST INTERNET reserves the
right, at their discretion, to charge for such activity as another or
additional account or increased bandwidth usage.
A personal World Wide Web home page
may not be used for commercial activity. MIDWEST INTERNET reserves the
right to determine what is considered commercial web marketing, sales
and activities. Commercial Users/Commercial Uses - A commercial user is
a person or another entity (partnership, corporation, limited liability
company, limited liability partnership, etc.) with an account or
accounts coupled with their primary use of the account for the purpose
of seeking profits from third parties. Commercial uses are those uses
that permit the commercial user to seek profits from third parties and
include, without limitation, commercial web pages, internet e-mail,
commercial Usenet groups, list servers, gopher, IRC, R./T video,
whiteboard, audio composition/distribution, or any high band width
usage, high resource usage, etc.
MIDWEST INTERNET in supplying 56K
modem connectivity to User(s), is not responsible or liable for the
inability of User(s) to connect at 56 kbps, due to the facts, (1) that
the FCC presently restricts maximum phone line speeds to 53 kbps, (2)
actual speeds may vary depending on phone line conditions in the User(s)
particular area.
Billing
User(s) is responsible for all long-distance telephone charges
for connecting directly to MIDWEST INTERNET or any other network access
node.
The User(s) account and/or the credit
card number/account that customer initially provided to MIDWEST INTERNET
and/or any other ACH (automatic checking clearing house withdraw)
Payment information, credit card or check/debit card number(s) used to
make payments to MIDWEST INTERNET for services rendered, will hereafter
be referred to collectively as the “credit card”.
User(s) agrees to pay MIDWEST
INTERNET all charges relating to the use of User’s account(s) according
to rates and prices published online at the time the service is used.
Online rates and pricing are incorporated into this Agreement by
reference. User(s) agrees that the user(s) is responsible for any bank
or credit card account fee's they incur from MIDWEST INTERNET attempting
to collect payment for services. These include, but are not limited too,
NSF fee's, overlimit fee's, overdraft fee's or any other fee incurred by
the user(s) as a result of MIDWEST INTERNET attempting to charge their
credit card account for services provided.
Commercial users are required to pay
according to their usage because each commercial user can cause high
system load and usurp system resources far in excess of the average
non-commercial, user. MIDWEST INTERNET reserves the right to shut down
any account sending or receiving such volumes of e-mail, absent prior
written authorization from MIDWEST INTERNET. All other commercial uses
have their own rate structure and the rates are depended upon the amount
of system usage/system load that the commercial use causes. The
commercial rate structure is based upon our basic rate and an analysis
of the amount of system resources consumed by the commercial use.
MIDWEST INTERNET reserves the right to suspend or terminate any
individual user’s account or accounts if they are found to be commercial
accounts that have not been structured or paid as commercial accounts.
For more information call MIDWEST INTERNET.
Excess usage of the system resources
available, by a non-commercial user shall be deemed commercial level
usage and charged accordingly. Non-commercial users are expected to have
less than 10,000 hits per month and/or less than 1 gb per day of traffic. Resource usages in excess of that are
subject to commercial rates and may be charged accordingly by MIDWEST
INTERNET at their discretion.
Access is subject to credit limits
established by the issuer of User’s credit card and by MIDWEST INTERNET.
We may suspend User’s access to the service if User exceeds his or her
credit limit unless prior arrangements have been made.
User(s) is responsible for charges at
the time the service is used and MIDWEST INTERNET may apply the amount
due to user’s credit card at any time. All accounts, including prepay or
multiple month prepay accounts, will be automatically billed for the
period intervals of initial setup until user contacts MIDWEST INTERNET to
discontinue service or we deem the account closed for non payment, etc.
All prepay or multiple month prepay accounts may be billed up to 3 weeks
prior to anniversary due date to assure payment is received to maintain
account status and availability of service. User(s) must contact MIDWEST INTERNET 5 business days prior to User(s)
monthly/anniversary billing due date, to cancel services and have
billing charges discontinued, any cancellations after the billing due
date of the User(s) will be subject to a prorated refund minus any
processing fee's.
MIDWEST INTERNET reserves the right
to charge your account up to 50% of the outstanding balance, compounding
monthly (not to exceed Missouri Usury limits) as liquidated damages and
late fees for any and all delinquent accounts. User expressly agrees
that User will pay all reasonable costs of collection including service
charges, expert witness fees, court costs and reasonable attorney’s
fees.
User(s) agrees that MIDWEST INTERNET may, at its
discretion, charge a minimum tech service call fee of $25 or $25/hr for labor
repair and/or replacement of network equipment, etc due to acts of God,
nature or power disruptions, any damage or failures caused by User(s) or
anyone at the User(s) location, or other damaging events not under our
control.
MIDWEST INTERNET reserves the right to suspend access to service for
User’s account(s), without prior notice, for delinquent payments or
rejection of credit card charges. Any User(s) account(s) being suspended
for more than 30 days for payment delinquency, may be deleted and all
contents therein (i.e., email, webpage’s, images, etc.) at MIDWEST
INTERNET’S discretion, without notice.
Intellectual Property
Much of the information available on the Internet is patented,
copyrighted or trademarked and the property of the copyright, trademark
or patent holder. Users must bear in mind that intellectual property
laws limit the rights of Users to redistribute or commercially exploit
copyrighted, trademarked or patented material to any third party without
the express written permission of the owner(s) of the intellectual
property. MIDWEST INTERNET will suspend any User’s account(s), without
prior notice, upon receipt of notice of a User’s potential or actual
infringement of any intellectual property laws. User(s) agrees to
indemnify and hold harmless MIDWEST INTERNET, from any infringement
User’s potential or actual infringement of applicable intellectual
property laws brings about.
Limitation of Liability
MIDWEST INTERNET will use its best efforts to provide you, the
User, with continuous, high quality Internet Access. Service speeds are
delivered on a best effort basis unless the User(s) has an SLA(Service
Level Agreement)
in place with MIDWEST INTERNET at the time of signup. If no SLA is in
place then all other connection types are delivered on a best effort/
fair access basis and have no minimum guaranteed contiguous speed and
should not be considered for use as dedicated or server level
connections. The Internet is a
decentralized network of computer systems throughout the world. There is
no "Internet Administrator" or "SYSOP" over the whole Internet, and
because of the decentralized nature of the Internet the quality and
availability of any particular service or services is highly variable.
As such, MIDWEST INTERNET cannot guarantee you that particular service
or services will always be available, consequently, Internet Access is
provided "as is" without warranty of any kind. Further, MIDWEST INTERNET
does not warrant, guarantee or make any representations regarding the
use, or the results of the use of the service. In the event that MIDWEST
INTERNET is unable to perform any of its obligations under this
Agreement because of natural disaster, actions or decrees of
governmental bodies, network computer failure or communication line
failure not the fault of the affected party, the party who has been so
affected immediately shall give notice to the other party and where
MIDWEST INTERNET is able to do so, it shall use its best efforts to
resume performance. You, the User(s), have the sole remedy of the return
of your fee for only the pro-rated time that all of your access to the Internet
service is interrupted by the failure of MIDWEST INTERNET to provide you
with access to the Internet network. User(s) agrees that MIDWEST
INTERNET assumes no responsibility for service interruptions or
equipment failures due to circumstances beyond its reasonable control,
such as, but not limited to, acts of God, nature and/or power failures,
etc.
Although MIDWEST INTERNET makes
regular backups of data on all systems and use's every effort to
maintain the best backup power systems to avoid any data loss, MIDWEST
INTERNET can not and does not guarantee the User(s) data (i.e. graphics,
html, e-mail files, etc...) will always be 100% recoverable in the event
of accidental or unexpected data loss, system crashes, etc.. The User(s)
agrees not to hold responsible MIDWEST INTERNET for data loss of any
kind.
MIDWEST INTERNET will maintain a best
effort basis to employ security measures when reasonable to do so, but
will not be held responsible for the security of User(s) computer
systems. User agrees to hold MIDWEST INTERNET harmless for any damage or
loss of email, data, etc to Users computer systems due to viruses,
hackers or other security breaches of User(s) computer systems. The
User(s) agrees that it is the User(s) responsibility to maintain
security of their computer systems and/or Internet service related
equipment.
MIDWEST INTERNET is not responsible
for the content posted on the Internet, whether or not the posting was
made by a customer of MIDWEST INTERNET and expressly disclaims any and
all liability of any kind whatsoever for any User(s) information or
content, or any information or content viewed by User(s)s on the
Internet.
User(s) agree to hold MIDWEST INTERNET, and/or its subcontractors,
harmless from any and all damages resulting from the installation and/or
removal of any equipment, used for MIDWEST INTERNET service, upon
discontinuation of service. User(s) agree that MIDWEST INTERNET is not
responsible for any equipment, or portions thereof, that User(s) install
or modify themselves in the process of obtaining services from MIDWEST
INTERNET. User(s) agree, that for fixed wireless service, that MIDWEST
INTERNET retains the ownership of the radio/antenna unit only, all other
items required for service (mounts, cable, grounding, braces,etc) become
the property of the User(s) upon payment of the installation fee,
therefore MIDWEST INTERNET is NOT responsible for removing any part of
the installation other than the radio/antenna unit itself, at MIDWEST
INTERNET's discretion.
Operation
MIDWEST INTERNET reserves the right to change
without notice, certain aspects of the service, including but not
limited to: access procedures, hours of operation, commands,
documentation, pricing, services or plans offered.
User(s) agrees that MIDWEST INTERNET,
at its sole discretion, may terminate your password, website, use of the
service or use of any other MIDWEST INTERNET service, and remove and
discard any content within the service, for any reason, including,
without limitation, if MIDWEST INTERNET believes that User(s) have violated or acted inconsistently with the letter or spirit
of the acceptable use policy/customer usage agreement, or for lack of
use, security violations, etc . MIDWEST INTERNET
may also, at its sole discretion, and at any time discontinue providing
the service, or any part thereof, with or without notice. User(s) agree
that any termination of access to service under any provision of this
acceptable use policy/customer usage agreement may be effected without
prior notice, and acknowledge and agree that MIDWEST INTERNET may
immediately deactivate or delete all related information and files in User(s) website, email, etc and/or bar any further access to such files
or service. Further, User(s) agree that MIDWEST INTERNET shall not be
held liable to User(s) or any third party for any termination of User’s
access to the service. MIDWEST INTERNET reserves the right
to terminate and close User’s account(s), at their discretion if
they deem necessary for security or other reasons, when not accessed for
an extended period of time, absent a written agreement to the contrary (specifically a
contract prepaid for a term of months or years).
User(s) agrees that MIDWEST INTERNET may use any methods or
systems they see fit to maintain optimal network operation and traffic
levels for all User(s), which may include, but is not limited to,
protocol controls/smoothing/qos protocol filtering, monitoring, or other
forms of bandwidth or protocol control systems. Any User(s) using
excessive amounts of bandwidth, typically more than 1GB/day, may be
subject to bandwidth shaping or quota penalties without prior notice,
MIDWEST INTERNET reserves the right to determine what excessive levels
are and that definition may varying or change at their discretion.
Upgrade or per GB plans may be available for "high volume" User(s) at
MIDWEST INTERNET's discretion.
Legal
Entire Agreement and Amendments. This agreement contains the
entire agreement of the parties and there are no representations, oral
or otherwise, other than those expressly set out herein. This Agreement
shall not be varied in any particular or respect, expect by a written
instrument executed in the same manner and formality as this Agreement
is executed. MIDWEST INTERNET does reserve the right to modify, append
or amend any portion of this Agreement as they see fit and any such
modifications shall be automatically effective to all User(s)
immediately. MIDWEST INTERNET will, upon modifying this Agreement,
inform User(s) of such by posting any changes on their website’s
acceptable use policy/customer usage agreement webpage
(www.mid-west.net/aup.htm).
Severability in any of the provisions
of this Agreement are deemed to be invalid or unenforceable, the same
shall be deemed severable from the remainder of this Agreement and shall
not cause the invalidity or unenforceability of the remainder of this
Agreement. If such provision shall be deemed invalid due to its scope
and breadth, such provision shall be deemed valid to the extent of the
scope or breadth permitted by law.
Use of MIDWEST INTERNET’s network
and/or services in relation to any criminal or civil offense or in
violation of any applicable federal, state, or local law or regulation
is considered system abuse and is prohibited. A User(s) account(s) may
be immediately suspended and/or terminated without User(s) notice or
refund of any subscription fees, due to violations, which are determined
by MIDWEST INTERNET to be system abuse. Activities which are identified
as system abuse include, but are not limited to: (1) Harassment of any
kind, "online stalking", using abusive, threatening, harassing, libelous
or slanderous e-mail, usenet or website pages or postings of any kind.
(2) Falsifying header information on any email message or Usenet posting
for any purpose. (3) Posting a single off-topic article or advertisement
to several Usenet groups or mailing list. (4) Sending unsolicited
commercial email ("junk mail"or "spam"). This includes, but is not
limited to, bulk mailing of commercial advertising and informational
announcements. Such material may only be sent to those who have
explicitly requested it. (5) Background processes, IRC BOTS, servers or
any type of unattended process, or use of distribution lists in
electronic mail or other mass electronic mailing. (6) Uploading of files
that contain viruses, worms, trojan horses, time/mail bombs, cancelbots,
corrupted files, or any other similar software or programs that may
damage the operation of another's computer or property of another. (7)
Any "Hacking", “Cracking” or attempting to circumvent security on any
host or server of MIDWEST INTERNET’s networks or any host or server
accessed through or by MIDWEST INTERNET’s networks. MIDWEST INTERNET
also reserves the right to make liable and seek damages from User(s) who
have engaged in system abuse or any such or like activities, and recoup
all reasonable costs of service charges, expert witness fees, court
costs and reasonable attorney's fees and any resultant loss of revenue
caused to MIDWEST INTERNET by such activities, by said User(s). MIDWEST
INTERNET reserves sole discretion to determine whether any use of the
service is a violation of its acceptable use policy / customer usage
agreement and is deemed system abuse. The above examples of system abuse
are only a guideline, and are not intended to be all-inclusive.
Midwest Internet's Unlimited Dial-up Access
Definition:
Unlimited Internet Access, for the purpose of calling and/or connecting
to MIDWEST INTERNET is defined as an unrestricted number of calls and/or
connections to MIDWEST INTERNET for the exchange of information or data
at any time of the day or day of the week, year round. MIDWEST INTERNET
makes NO guarantee's as to the User(s) ability to maintain a connection
for any specific contiguous period of time once dialed in or connected
to MIDWEST INTERNET, due to the facts that analog phone lines are not a
perfect transfer medium and are susceptible to noise, spikes and other
transient disturbances. MIDWEST INTERNET does in no way imply by using
the term "unlimited access", that the connection is a dedicated
connection or that it may be used in such a fashion, but that their is
no extra per hour fee for accumulated hours within normal dial-up usage.
Continuous unattended usage, i.e. line camping, etc or any type of
commercial usage (running e-mail, web, ftp servers, etc), is not
acceptable and is considered 'dedicated service' and is not applicable
to the unlimited access type of account. Any User(s) attempting to
maintain continual round the clock connections, will be notified of this
policy and can be billed, at MIDWEST INTERNET'S discretion, for a
dedicated line account or service fee. Unattended momentary calls to
pick up mail, news, and other information are encouraged. These calls
typically are made by software that dials up our system, downloads the
mail, news, or other information, and then hangs up after completing
said download. If you would like information as to these types of
programs, contact us and we will be glad to help.
Last updated 07/10/2010
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