PLEASE READ CAREFULLY
Midstate Communications provides its subscribers with access to the Internet only on the terms and conditions set forth herein. Signing on to our service constitutes acceptance of such terms and conditions..
1. Midstate Communications agrees to provide its Internet Access Service (the “Service”) to the applicant named above (“Customer”) for Customer’s private use.
2. CUSTOMER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT CUSTOMER’S SOLE RISK. NEITHER MIDSTATE COMMUNICATIONS NOR ANY OF ITS PARENT COMPANIES, LICENSERS, EMPLOYEES OR AGENT REPRESENT OR WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE AND NO WARRANTY IS MADE AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE. THE SERVICE IS DISTRIBUTED ON AN “AS IS” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANT ABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. NEITHER MIDSTATE COMMUNICATIONS NOR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICE OR INABILITY TO USE THE SERVICE OR OUT OF ANY BREACH OF WARRANTY.
3. Customer acknowledges and agrees that there are limited technical means available to provide privacy and security on the Internet. Midstate Communications will not intentionally disclose the contents of private files to third parties without Customer’s written permission, except as required by State or Federal law. However, Midstate Communications reserves the right to inspect electronic mail as necessary to debug electronic mail software or to reroute electronic mail that has been misaddressed or misrouted. System administration tasks may also expose the contents of Customer’s files to Midstate Communications personnel. For its part, Customer recognizes that there are unscrupulous people who know how to circumvent system security. Midstate Communications does not represent or warrant that its network is secure and accordingly, Customer acknowledges and agrees to guard its password carefully, move private and important files to its own system, if possible, and will not send by electronic mail or keep online anything that it does not want read.
4. Midstate Communications will cooperate with law enforcement officials and with other system administrators in the legitimate investigation of suspicious activity. Intentional violations of privacy of other users by Customer, whether on the Midstate Communications system or at another site, will be grounds for immediate termination of Customer’s Service and may make Customer subject to civil or criminal penalties.
5. Midstate Communications reserves the right to immediately terminate service of any customer who uses the network for non-private use, who jeopardizes the efficiency of the system by sending unsolicited commercial e-mail or posting commercial messages to inappropriate newsgroups, or otherwise violates the CAN-SPAM Act.
6. Customer acknowledges that the nature, use of the Internet means that certain information about Customer and its activities will be visible to other users through well-known system commands. Accordingly, such information will be treated as public information. This includes the Customer’s name, the fact that Customer has an account, when and for how long Customer is logged in, and the commands Customer runs.
7. By providing the Service, Midstate Communications does not, in any way, control, manage or edit the content of any material placed on the Internet by its subscribers or any third parties, nor does it in any way control, manage, monitor, limit or edit the material or its content which Customer may access or become exposed to on the Internet. Customer is solely responsible for any information which it places on the Internet, which it accesses on the Internet or which it uses through the Service; in particular, Customer is solely responsible for the legality of any such information or the access or use thereof. Some information accessible on the Internet may be offensive either because of its content (including sexually explicit material), or the language used in expressing ideas. Customer is solely responsible for choosing to read or view any material it access on the Internet. Midstate Communications expressly disclaims any and all liability from all claims for damages arising out of, or claimed to arise out of, encountering any such material.
8. The Service may only be used for lawful purposes. Some material available on the Internet may be copyrighted, trademarked, or constitute a trade secret and some material may have been placed on the Internet in violation of U.S. or other copyright and trademark law. Customer is solely responsible for determining the legal status of any intellectual property it uses or duplicates using the Service. Transmitting access codes, credit card numbers or similar information is unlawful. Any use by Customer of the Service for unlawful purposes will constitute grounds for Midstate Communications to discontinue Customer’s Service.
9. Customer acknowledges and agrees that its permission to use the Service extends only to the 911 address assigned to Customer’s mailing address and does not extend to multiple other structures or 911 addresses. Customer acknowledges and agrees that Customer’s use of any technology or devices that may extend the range of Services over multiple 911 addresses is strictly prohibited. Midstate Communications reserves the right to terminate the Services at any time, without notice, should Midstate Communications determine that Customer is using technology or devices to extend the range of its Services.
10. Use of the Service must conform to the restrictions associated with Customer’s account and as set forth herein subject to modification by Midstate Communications in its sole and absolute discretion. Midstate Communications reserves the right to terminate the Service if Customer violates any such restriction.
11. The sharing of passwords or accounts is strictly prohibited and violators are subject to the cancellation of such Customer’s Service without prior notice. The resale of the Service or any other associated services by any and all means is restricted unless approved in advance in writing by Midstate Communications.
12. Customer’s usage billing period begins on the 1st of each month and ends on the 1st of the following month. Midstate Communications will furnish a bill to Customer on a monthly basis. Bills will be sent to the customer by the first of the month with payment due by the 20th of the month at 12:00 PM at which time a late fee of 1.5% of $2.00 (whichever is greater) will be imposed. All accounts not paid in full by the 20th of the month following the billing will be subject to disconnection. All Midstate Communications Service accounts, whether for individual or business customers, are single user/station accounts and the Service shall not otherwise be extended, shared, or transferred as otherwise described and prohibited in this Agreement. Sharing the account with persons other than family members residing in an individual Customer’s household, whether for compensation or otherwise, is strictly prohibited.
13. Customer is responsible for all actions it takes or causes to be taken in connection with its use of the Service. As a condition of the Service, Customer agrees to indemnify and hold harmless Midstate Communications and their respective officers, board members, employees, agents, and member owners from any claim or cause of action by Customer or any third party for any damages arising out of, or claimed to arise out of, Customer’s use of its account or Service, or the use of such account or Service by any person whatsoever, to access the Internet or any information thereon.
14. Midstate Communications’ return check charge is $20.00.
15. Customer may cancel its Service at any time. Customer will be responsible for paying the cost of the Service incurred on a prorated basis. Midstate Communications may terminate the Service at any time upon any violation by Customer of any of the terms and conditions contained herein, without notice. Otherwise, Midstate Communications may terminate the Service upon 30 days prior written notice to Customer.
16. Midstate Communications reserves the right to change the rates and otherwise modify the terms and conditions of this Agreement by notifying Customer 10 days in advance of the effective date of such proposed changes. If Customer does not request its Service to be terminated, it will be conclusively presumed that Customer consents to the new terms conditions and rates as so notified.
17. The Internet may contain viruses which, if not eliminated, may destroy parts or all of the date contained in your computer, Midstate Communications has no control over the existence or elimination of any such viruses and does not actively monitor the Service for malicious software or programming. Specifically, Midstate Communications does not provide any filtering or checking of date to eliminate viruses. Customer agrees to provide its own mechanism for checking its computer system for viruses obtained through the Service. Further, Customer agrees not to introduce, knowingly or unknowingly, any virus onto the Internet system or Midstate Communications’ hosts. Further Customer will hold Midstate Communications harmless from, and indemnify Midstate Communications for, any damages resulting from any viruses introduced by Customer onto the Internet or into Midstate Communications systems.
18. The terms and conditions contained herein supersede all previous representations, understanding or agreements and shall supersede any other terms and conditions of any order submitted or prior price quoted.
19. This agreement is made under and shall be governed by and construed in accordance with the law of, the State of South Dakota applicable to agreemtns made and performed in South Dakota. Anyt cause of action of Customer of its designated users with respect to the Service must be instituted without one year after the claim of cause of action has arisen or it will be barred.
20. The customer shall indemnify, defend and hold harmless Midstate Communications against any claim, loss or damage arising from its use of the Services involving: (1) claims for libel, slander, invasion of privacy, or copyright infringement; (2) claims for patent infringement; or (3) any claim arising out of an act of omission by the customer.
21. Attorney’s Fees. In the event that it becomes necessary for Midstate Communications to hire an attorney to enforce this agreement, Midstate Communications shall be entitled to recover all of its reasonable expenses, including attorneys’ fees and other expenses reasonably and necessarily incurred in enforcing this agreement.