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TERMS OF
USE
Acceptable Use Policy | Service Agreement
Internet
Access Service Service Agreement
This is a legal
agreement between you and WMIS Internet ("WMIS Internet") for the
use of the WMIS Internet on-line gateway and Internet access service
and related features (the "Service"). If you do not agree to the
terms and conditions in this Agreement, do not register for or use
the Service. By completing the registration and using the Service,
you signify your agreement with the terms and conditions of this
Agreement. If you do not agree to all of the terms and conditions of
this Agreement, please return the client software and all associated
materials to WMIS Internet.
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The Service. The
Service consists of dial-up Internet Protocol ("IP") connectivity
to the WMIS Internet on-line gateway, as well as access or
connectivity to any of the information sources or services which
may be provided by WMIS Internet or be available from other
service providers participating in or connected to WMIS Internet's
Service. Some of these additional services may be provided without
charge to users of WMIS Internet's Service, but separate charges
may be applicable to some of these other services. These charges
may appear on your bill from WMIS Internet, or they may be billed
to you separately by the providers of such services. Some other
providers may also have additional registration or eligibility
requirements in order to use their services. By posting updated
versions of this Agreement on the Service or otherwise providing
notice to you, WMIS Internet may modify the terms of this
Agreement or prices for the Service, and may discontinue or revise
any or all other aspects of the Service in its sole discretion and
without prior notice. All such changes shall become effective upon
posting of the revised Agreement on the Service, as to Service
used by you after the date of such changes. The updated, on-line
version of this Agreement shall supersede any prior paper or
disk-based copies of this Agreement that may have been included in
any browser software or related materials provided by WMIS
Internet.
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Term. This
Agreement for the use of the Service will be in effect from the
date your completed registration is accepted by WMIS Internet.
This Agreement and your use of the Service may be terminated by
either you or WMIS Internet at any time by written notice to the
other, or by WMIS Internet at any time with or without notice for
your non-payment or other default. The provisions of paragraphs
4-9 and all obligations of and restrictions on you and any user of
your account with respect to the Service shall survive any
termination of this Agreement.
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Service Rates and
Charges. The rates and charges for the Service shall be as set
forth in your registration package or otherwise in accordance with
WMIS Internet's rate schedule as in effect from time to time, a
copy of which will be available on-line on the Service or
otherwise shall be provided to you upon request. Rates and
charges, and other terms and conditions of the Service, are
subject to change by WMIS Internet from time to time by notice to
you provided on the Service or otherwise. You will be invoiced
monthly for usage of the Service and for any other services
utilized by you or other users of your account which are billed
for by WMIS Internet in connection with the Service (including any
applicable taxes), either directly by WMIS Internet or through
your designated credit card company. If paid by credit card, the
terms of the applicable credit card agreement will apply.
Otherwise, payment for the Service and any such other services
billed for by WMIS Internet, including any applicable taxes, must
be received by WMIS Internet or its billing agent PRIOR TO THE
START OF THE SERVICE PERIOD stated on the invoice. Any account
suspended, either at the customer's request or for non-payment
may be subject to a $15 reactivation fee.
Any invoice not paid by the start of the
service period will be subject to late charges of one and
one-half percent (1 1/2%) per month with a minimum late fee of
$1.50 per month.
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Early Account
Termination. You are responsible for, and will be charged, a
$25.00 setup fee, upon early cancellation of service (under 30
days).
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Other
Responsibilities of User. You agree that you will be the only user
of your account ID and password and that you will not transfer or
disclose either your account ID or password to any other person
(except that you may at your own risk and on your own
responsibility permit other members of your family or business
associates to access the Service using your account ID and
password), and that you will be responsible for all usage of the
Service and any other services accessed through the Service on
your account whether or not authorized by you. You agree to pay
the applicable fees as set forth in your billing statement by the
due date, and to pay any interest or late fees incurred for late
payment of the required fees. You agree not to transmit or publish
on or over the Service any information, software or other content
which violates or infringes upon the rights of any others or to
use the facilities and capabilities of the Service to conduct any
business or activity or solicit the performance of any activity
which is prohibited by law. You agree to comply with all
applicable laws, rules and regulations in connection with the
Service. You acknowledge that you are aware that certain content,
services or locations of the Service or of other parties that may
be accessible through the Service may contain material that is
unsuitable for minors (persons under 18 years of age). You agree
to supervise usage of the Service by any minors whom you permit to
use the Service.
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Limitation of
Warranties and Liability; Disclaimer of Warranties. YOU EXPRESSLY
AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. NEITHER WMIS
Internet NOR ANY OF ITS UNDERLYING SERVICE PROVIDERS, INFORMATION
PROVIDERS, LICENSORS, EMPLOYEES, OR AGENTS WARRANT THAT THE
SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES WMIS
Internet OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, INFORMATION
PROVIDERS, LICENSORS, EMPLOYEES, OR AGENTS MAKE ANY WARRANTY AS TO
THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE. THE SERVICE IS
DISTRIBUTED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED
TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, OTHER THAN THOSE
WARRANTIES (IF ANY) WHICH ARE IMPLIED BY AND INCAPABLE OF
EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE
TO THIS SERVICE AGREEMENT, ALL SUCH WARRANTIES BEING EXPRESSLY
DISCLAIMED. NEITHER WMIS Internet NOR ANY OF ITS UNDERLYING
SERVICE PROVIDERS, INFORMATION PROVIDERS, LICENSORS, EMPLOYEES, OR
AGENTS SHALL HAVE ANY LIABILITY FOR INCIDENTAL, CONSEQUENTIAL,
INDIRECT OR SPECIAL DAMAGES SUFFERED BY YOU OR ANY OTHER PARTY AS
A RESULT OF THE OPERATION OR MALFUNCTION OF THE SERVICE,
REGARDLESS OF WHETHER OR NOT SUCH PARTIES HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. YOU EXPRESSLY ACKNOWLEDGE THAT THE
PROVISIONS OF THIS SECTION SHALL ALSO APPLY TO ALL CONTENT OR
OTHER SERVICES AVAILABLE THROUGH THE SERVICE. YOU AGREE THAT YOU
WILL NOT IN ANY WAY HOLD WMIS Internet RESPONSIBLE FOR ANY
SELECTION OR RETENTION OF, OR THE ACTS OR OMISSIONS OF, THIRD
PARTIES IN CONNECTION WITH THE SERVICE (INCLUDING THOSE WITH WHOM
WMIS Internet MAY CONTRACT TO OPERATE VARIOUS AREAS ON THE
SERVICE).
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Remedies of User.
Your sole and exclusive remedy for any failure or non-performance
of the Service (including any associated software or other
materials supplied in connection with the Service) shall be for
WMIS Internet to use commercially reasonable efforts to effectuate
an adjustment or repair of the Service and, in the event such
downtime exceeds twenty-four consecutive hours, to receive a
pro-rata refund or credit of or against any charges otherwise
payable for the Service for the period of Service downtime.
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Limitation of
Liability. In the event that a court should hold that the
limitations of liabilities or remedies available as set forth in
this Agreement, or any portions thereof, are unenforceable for any
reason, or that any of your remedies under this Agreement fail of
their essential purpose, you expressly agree that under no
circumstances shall WMIS Internet's total liability to you or any
party claiming by, through or under you for any cause whatsoever,
and regardless of the form of action, whether in contract or in
tort, including negligence, in the aggregate, exceed the amount of
charges paid by you for use of the Service under this Agreement
during the twelve-month period preceding the date such claim first
arose.
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Indemnification by
User. You shall indemnify and hold harmless WMIS Internet and any
of its underlying service providers, information providers,
licensors, employees or agents from and against any and all
claims, demands, actions, causes of action, suits, proceedings,
losses, damages, costs, and expenses, including reasonable
attorneys fees, arising from or relating to your use of the
Service, or any act, error, or omission of you or any user of your
account in connection therewith, including, but not limited to,
matters relating to incorrect, incomplete, or misleading
information; libel; invasion of privacy; infringement of a
copyright, trade name, trademark, service mark, or other
intellectual property; any defective product or any injury or
damage to person or property caused by any products sold or
otherwise distributed through or in connection with the Service;
or violation of any applicable law.
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Use of Materials,
Marks and Information.
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You may use,
copy and distribute the materials found on the Service for
internal, noncommercial, informational services only. All copies
that you make of the material must bear any copyright, trademark
or other proprietary notice which pertain to the material being
copied. Except as authorized in this paragraph, you are not
being granted a license under any copyright, trademark, patent
or other intellectual property right in the material or the
products, services, processes or technology described therein.
All such rights are retained by WMIS Internet, its affiliates
and/or any third party owner of such rights.
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The WMIS
Internet company names and logos and all related product and
service names, design marks and slogans are the property of WMIS
Internet or its affiliates. You are not authorized to use any
WMIS Internet name or mark in any advertising, publicity or in
any other commercial manner without the prior written consent of
WMIS Internet.
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Any feedback,
data, answers, questions, comments, suggestions, ideas or the
like, which you send to WMIS Internet will be treated as being
non-confidential and nonproprietary. WMIS Internet assumes no
obligation to protect such information from disclosure and will
be free to reproduce, use, and distribute the information to
others without restriction. WMIS Internet will also be free to
use any ideas, concepts, know-how or techniques contained in
such information for any purpose whatsoever including but not
limited to developing, manufacturing and marketing products and
services incorporating such information. WMIS Internet may also
use your status as a subscriber to the Service for the purpose
of marketing to you other WMIS Internet products and services.
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Endorsements. All
product and service marks contained on or associated with the
Service that are not WMIS Internet marks are the trademarks of
their respective owners. References to any names, marks, products
or services of third parties or hypertext links to third party
sites or information do not necessarily constitute or imply WMIS
Internet's endorsement, sponsorship or recommendation of the third
party, information, product or service.
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Browser Software.
If any Internet browser or other software has been provided to you
for use with the Service, you agree to be bound by and to comply
with the terms and conditions of the separate software license
which is applicable to and was provided to you along with such
software.
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Personal Web
Pages. WMIS Internet may make personal Web pages available as an
optional feature of its WMIS Internet Service. If you subscribe to
such feature the following provisions of this Section shall apply
(in addition to the other provisions of this Agreement:
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WMIS Internet
may provide a listing/link to users' personal Web pages on its
WMIS Internet Service gateway or other mechanisms. By
subscribing to the personal Web page feature, you authorize and
grant WMIS Internet the right to use your name, Web site address
and similar information in such listing or directory sites or
applications. You may use the complete address (URL) granted to
you as part of the personal Web page feature (which may have
names or marks of WMIS Internet embedded therein) so long as you
are obtaining the personal Web page feature from WMIS Internet
hereunder, but only for the purpose of identifying the location
of your personal Web site on WMIS Internet's Service. Otherwise,
you shall not utilize the name or any marks of WMIS Internet or
any of its affiliates in any press releases, promotional
materials or other commercial manner without the express prior
written approval of WMIS Internet in each instance.
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Ownership of all
graphics, text or other information or content materials
supplied or furnished by you for incorporation into or delivery
through your personal Web site shall remain with you (or the
party which supplied such materials to you). Ownership of any
software developed or modified by WMIS Internet and all
graphics, text or other information or content materials
supplied or furnished by WMIS Internet for incorporation into
your personal Web site, shall remain with WMIS Internet (or the
party which supplied such materials to WMIS Internet), and may
be used only while you are obtaining the personal Web page
feature from WMIS Internet. The domain name and address (URL)
granted to you for use with the personal Web page feature shall
remain the property of WMIS Internet, shall be used by you only
so long as you are obtaining the personal Web page feature from
WMIS Internet hereunder, and may be subject to change by WMIS
Internet or the InterNIC or other applicable Internet domain
name registry or granting authority from time to time. WMIS
Internet reserves the right to approve subscriber Uniform
Resource Locator (URL's) that will be used in conjunction with a
WMIS Internet registered domain name and personal Web page
feature. URL's registered using a WMIS Internet owned domain
name are non transferable by subscribers upon account
termination and will be retained by WMIS Internet.
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You acknowledge
and agree: (i) that the primary function of WMIS Internet's
personal Web page feature as it relates to your personal Web
site is to facilitate access by end users to the information
provided through your personal Web site; (ii) that WMIS Internet
has no proprietary, financial, or other interest in any of the
content or information that may be described in or made
available through your personal Web site; and (iii) that you are
solely responsible for the content, quality, performance, and
all other aspects of the information or other content contained
in or provided through your personal Web site. You warrant that
you will own or have the right to use and offer all such
information or other content in the manner in which the same
will be used, offered or provided in connection with your
personal Web site. You shall indemnify and hold harmless WMIS
Internet from and against any and all claims, demands, actions,
causes of action, suits, proceedings, losses, damages, costs,
and expenses, including reasonable attorneys fees, arising from
or relating to your personal Web site or an end user's use
thereof, or any act, error, or omission of yours in connection
therewith, including, but not limited to, matters relating to
incorrect, incomplete, or misleading information; libel;
invasion of privacy; infringement of a copyright, trade name,
trademark, service mark, or other intellectual property; or
violation of any applicable law.
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General.
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WMIS Internet
shall not be responsible for any delay in delivery or
performance of any of its duties hereunder due to acts of God,
acts or omissions of any regulated telephone network or any
other occurrence commonly known as force majeure.
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Your right to
use the Service is not transferable and is subject to any limits
established by WMIS Internet, and by your credit card company if
billing is through a credit card.
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No action,
regardless of form, arising out of the Service or this Agreement
may be brought by you or any party claiming by, through or under
you more than one year after the cause of action has arisen.
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This Agreement
and the Service shall be governed by the laws of the State of
Michigan, without regard to its conflicts of laws provisions. If
any provision or provisions hereof shall be held to be invalid,
illegal, or unenforceable, the validity, legality, and
enforceability of the remaining provisions shall not be in any
way affected or impaired thereby.
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This Agreement
and any modifications published by WMIS Internet over the
Service constitute the entire and only agreement between you and
WMIS Internet with respect to the Service and supersede all
other communications and agreements with regard to the subject
matter hereof. Your use of the Service is also governed by WMIS
Internet's Acceptable Use Policies applicable to the Service,
which are available on-line via the Service and which are
subject to change by WMIS Internet from time to time.
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You are
responsible for and must provide all telephone and other
equipment, software (other than any browser software that may be
provided by WMIS Internet) and services necessary to access the
Service, including any interexchange (interLATA) long distance
service which must be provided by the carrier or other provider
of your choice.
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