Internet User Agreement
MidNight Solutions
provides Internet Service
subject to the following terms and Conditions. Read these terms and conditions
carefully. By Subscribing to the Service you agree to be bound by the terms and
conditions outlined below. If you do not wish to be subject to the following
terms and Conditions, immediately notify MidNight Solutions
at701-388-6550 to have your service discontinued.
Service Cancellation
Cancellation of service by the subscriber must be made through personal contact
(phone or in person) with MidNight Solutions support staff, E-mail
notification is not acceptable. Simply discontinuing use of the service without
notifying MidNight Solutions does not constitute cancellation of Service.
Use of the Internet
MidNight Solutions exercises no control over the content or
information that is contained on or passes over its Internet Service and
disclaims any warranty of merchantability or fitness of the Internet for any
particular purpose. By accessing the Internet via MidNight Solutions, you
assume total responsibility and risk with regard to any information received or
products and services purchased via your use of the Internet. In addition,
disclosure of any sensitive information (credit card numbers, etc.) is at the
sole risk and discretion of the Subscriber. MidNight Solutions disclaims
any responsibility for use of information so disclosed. You acknowledge that the
Internet may contain information that is sexually explicit, morally offensive,
or otherwise distasteful to you and that you are solely responsible for
controlling access to this information. MidNight Solutions will not be
responsible for any damage you suffer.
No Service Warranties
MidNight Solutions offering is provided on an "as is" and "as-available"
basis without warranties of any kind, either expressed or implied for the
service provided. This includes the loss of data resulting from delays, service
interruption, poor transmission quality, slow transmission speeds, computer
"viruses", damage caused by other Internet users, or information provided by
MidNight Solutions associates or subcontractors. MidNight Solutions
assumes no responsibility for the accuracy or quality of information, including
but not limited to product and service advertising, obtained through its
Internet Service. If, after subscribing to MidNight Solutions, you are
dissatisfied with the quality or content of the Service, your sole remedy is to
discontinue using the Service on a going-forward basis. You will remain
responsible for charges incurred before notification of MidNight Solutions
and deactivation of your Subscriber ID and password.
Obligations of Internet
Service Subscribers
Subscribers are responsible at their own expense for providing suitable computer
equipment and an Ethernet Network card for connection to the Wireless Internet
equipment. Subscribers may not do any of the following or allow any third party
under the subscriber's control (including customers, employees or other
authorized users) to:
- Use
the account in a manner inconsistent with any and all applicable state and
federal laws and regulations;
-
Restrict or inhibit any other subscribers from using or enjoying the Service
and/or the Internet;
-
Accessing, or attempting to access another subscriber's computer;
-
Impersonate another subscriber or otherwise falsifying one's account name in
e-mail or any post to any newsgroup or mailing list;
-
Post or transmit any unlawful, illegal, obscene, or pornographic information
of any kind, including without limitation any transmissions constituting or
encouraging conduct that would constitute a criminal offense, give rise to
civil liability, or otherwise violate any local, state, national or
international law, including without limitation the U.S. export control laws
and regulations;
-
Post or transmit any information or software which contains a virus, worm,
cancelbot or other harmful component;
-
Upload, post, publish, transmit, reproduce, distribute, or participate in the
transfer or sale, or in any way exploit any information, software or other
material obtained through the Internet which is protected by copyright or
other proprietary rights without obtaining permission of the copyright owner
or right holder;
- Use
the Service in violation or contravention of the Telecommunications Act of
1996, or any other applicable law, regulation, order or other governmental
directive, or abuse or fraudulently use the Service in any way not
specifically set forth above.
In addition, Subscribers or any
third party under the Subscriber's control may not:
-
Post a single article or advertisement to more than ten (10) email mailing
lists or similar groups or lists;
-
Post to any email mailing list or similar group or list, articles which are
off-topic according to the charter or other public statement of the group or
list:
-
Send unsolicited mass mailings to more than twenty-five (25) email accounts,
if such unsolicited electronic mailing provoke complaints from the recipients;
-
Engage in any of the foregoing activities using the service of another
provider, but channeling such activities through a MidNight Solutions
account as a mail drop for responses;
-
Falsify or "spoof" subscriber information provided to the MidNight
Solutions or other subscribers of the Service in connection with use of
the Service.
Equipment Responsibilities
- Any
equipment provided by MidNight Solutions to the Subscriber (other than
any Network Interface Card ("NIC") installed in the Computer) will be
considered "MidNight Solutions Equipment" and will be subject to
Section 6 below.
-
MidNight Solutions will have no
obligation to install, support, maintain, repair or replace (a) any Computer;
or (b) any wireless modem or cabling or other equipment that is not
MidNight Solutions Equipment. MidNight Solutions will not support,
repair, replace or maintain any NIC, regardless of whether provided and
installed by MidNight Solutions .
-
MidNight Solutions, and its
authorized agents, may enter Subscriber's premises, have access to
Subscriber's Computer(s) periodically during the term of this Agreement and
after its termination to install, connect, inspect, maintain, repair, replace
or alter the MidNight Solutions Equipment, to install or deliver the
Software, or to disconnect and remove the MidNight Solutions Equipment.
-
MidNight Solutions shall have the
right to upgrade, modify and enhance wireless modems and Software from time to
time through "downloads" from the network or otherwise. Without limiting the
foregoing, MidNight Solutions may, at any time, employ such means to
limit the throughput available through individual wireless modems.
- If
Subscriber is not the owner of the premises upon which Equipment and Software
are to be installed, Subscriber warrants that he/she has obtained the consent
of the owner of the premises for MidNight Solutions personnel and/or
its agents to enter the premises for the purposes described in this Section.
Subscriber shall indemnify and hold MidNight Solutions harmless from
and against any claims of the owner of the premises arising out of the
performance of this Agreement.
-
MidNight Solutions Equipment and
Cabling.
- The
MidNight Solutions Equipment is and at all times shall remain the sole
and exclusive personal property of MidNight Solutions, and the
Subscriber shall acquire no interest therein by virtue of the payments
provided for herein or the attachment of any portion of the Equipment to the
Subscriber's residence or otherwise.
-
Subscriber will not open, alter, misuse, tamper with or remove the MidNight
Solutions Equipment as and where installed by MidNight Solutions,
and will not remove any markings or labels from the MidNight Solutions
Equipment indicating MidNight Solutions ownership or serial or identity
numbers. Subscriber will safeguard the MidNight Solutions Equipment
from loss or damage of any kind, and (except for any self installation
procedures approved by MidNight Solutions ) will not permit anyone
other than an authorized representative of MidNight Solutions to
perform any work on the MidNight Solutions Equipment.
-
Upon termination of the ISP Service to Subscriber, for whatever reason,
Subscriber acknowledges that his/her right to possess and use the MidNight
Solutions Equipment shall likewise terminate. In such event, the
MidNight Solutions Equipment shall be returned to MidNight Solutions
in the same condition as when received, ordinary wear and tear excepted.
Subscriber will promptly return the MidNight Solutions Equipment or
notify MidNight Solutions to schedule retrieval by MidNight
Solutions . If Subscriber does not promptly return the MidNight
Solutions Equipment or schedule retrieval, MidNight Solutions may
enter any premises where the MidNight Solutions Equipment may be
located for the purpose of disconnecting and retrieving the MidNight
Solutions Equipment. Failure of MidNight Solutions to remove its
equipment shall not be deemed an abandonment. Subscriber will pay the expense
incurred by MidNight Solutions in any retrieval of the unreturned
MidNight Solutions Equipment from Subscriber. MidNight Solutions
may charge Subscriber a continuing monthly fee until any remaining MidNight
Solutions Equipment is returned, collected by MidNight Solutions or
fully paid for by Subscriber in accordance with Section 6 (iv). The current
fee is listed in the list of charges on the price list or can be provided on
request.
- If
the MidNight Solutions Equipment is damaged, destroyed, lost or stolen
while in Subscriber's possession, Subscriber shall be liable for the cost of
repair or replacement of the MidNight Solutions Equipment. If the
MidNight Solutions Equipment is not returned to or retrieved by
MidNight Solutions as described in Section 6 (iii) upon termination of the
ISP Service, Subscriber will pay MidNight Solutions, on demand, the
amount specified in the then-current price list for the replacement cost of
the perator Equipment, without any deduction for depreciation, wear and tear
or the physical condition of such MidNight Solutions Equipment.
Subscriber agrees that if he/she fails to return the MidNight Solutions
Equipment, MidNight Solutions or ISP can charge Subscriber's account
for the amounts described in Sections 6 (iii) and 6 (iv), in addition to any
other remedies or collection efforts.
-
Upon termination of the ISP Service, subject to applicable law and regulation,
MidNight Solutions may, but shall not be obligated to, remove any
cabling installed by MidNight Solutions on Subscriber's premises.
-
Software. To the extent any Software is licensed by MidNight Solutions
(such as self installation tools, but not including any browser or client
Software provided by ISP as part of the ISP Service), such Software is
provided for the limited purpose of facilitating Subscriber's use of the ISP
Service as described in this Agreement. Subscriber will not engage in, or
permit, any additional copying, or any translation, reverse engineering or
reverse compiling, disassembly or modification of or preparation of any
derivative works based on the Software, all of which are prohibited.
Subscriber will return or destroy all Software provided by MidNight
Solutions and any related written materials promptly upon termination of
the ISP Service to Subscriber for any reason. All other Software is licensed
under the ISP Terms and is not the responsibility of MidNight Solutions
.
Payment for Internet Access
Services
By subscribing to MidNight Solutions you agree to comply with all terms
and conditions as outlined above and pay all charges incurred including any
taxes or other surcharges arising in connection with the service. Subscribers
agree to a minimum of 12 months of service, though subscribers many cancel the
service within the first 30 days without penalty. Charges shall be invoiced
monthly based on the Internet Service Plans offered at the time of billing and
shall be due and payable on the 1st of each month. Invoices may be rendered via
US Mail, checking account direct withdrawal, or the Internet based on
MidNight Solutions sole discretion. If payment is not received by the 5th of
the month, your service will be disconnected without further notice. To
reestablish service, prior amounts due must be paid in full, as well as any
reconnection charges in effect at the time of reconnection. MidNight
Solutions makes no commitment or warranty as to the duration of any specific
pricing plans and may offer special promotions from time to time at its
discretion.
By accessing MidNight Solutions access service you acknowledge reading,
understanding, and acceptance of the foregoing Internet User Agreement.
MidNight Solutions,
in its sole discretion, with or without cause, reserves the right to discontinue
without notice Internet access services to any subscriber.
email us at: customercare@mid-nightsolutions.com
