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The Minnesota Wavetech, Inc. Access Agreement

 

A few notes:

  1. Please read all agreements and contracts carefully before you decide to become a customer.  Be comfortable with the agreements and understand that you will be bound by them.  Each new customer is required to sign a copy of the Access Agreement and return it to us within 15 days.  Failure to do so will result in the termination of your account.
  2. You must be 18 to receive an account.
  3. These contracts and agreements are Copyright 1996 by Minnesota Wavetech, Inc., any infringement on these copyrights will be vigorously prosecuted.
  4. And finally, if you have any questions, please feel free to call, write, e-mail, or fax us.
 
   
   
 

 

This Agreement represents the complete agreement and understanding between you and Minnesota Wavetech, Inc. (hereinafter "Minnesota Wavetech") and supersedes any and all prior representations, understandings or agreements.  Prior to the payment of the first bill and the return of an executed version of this Agreement, all services are provided on a temporary basis and may be terminated at any time and for any reason, or for no reason, by Minnesota Wavetech.

Provision of Service. Pursuant to the terms of this Agreement, Minnesota Wavetech undertakes to provide the services indicated on the attached Services and Fees Schedule.

Billing and Payments. In return for the provision of services, you will be billed a Service Fee for the amount and time period indicated on the Services and Fees Schedule.  Your billing cycle will begin on the date your account is enabled.  Your first bill will include all installation and other setup charges, as well as your first month's service fee.  All bills are due 15 days after the beginning of your billing period.  Additional fees will be added to your bills as indicated in the Special Fees section of the Services and Fees Schedule.  Only a written request to terminate your service in the form specified in the termination provisions below relieves you of your obligation to pay the monthly Service Fee.

Alteration of Agreement. Upon notice provided to customer, either through e-mail or a notice on Minnesota Wavetech's home page, Minnesota Wavetech may change the terms of this Agreement, the Services and Fees Schedule, or the Acceptable Use Policy.    If the modified Agreement is unacceptable to the Customer, the customer may terminate this Agreement pursuant to the terms below.  Continued use of Minnesota Wavetech's services shall constitute acceptance of these changes.

Uncensored Access to Information. It is the policy of Minnesota Wavetech to provide its subscribers unaltered and uncensored access to the information, organizations, and services accessible through the Internet.  Minnesota Wavetech does not review, censor, or edit the materials and information accessible through the Internet and is not responsible for their content.

Adult Materials. Some of the materials available over the Internet are of a sexual nature and are suitable for adults only.  As a result, you must be over eighteen years of age to enter into this Agreement, and should take appropriate actions in order to prevent minors from accessing adult materials through your account.

Warranties and Indemnities. MINNESOTA WAVETECH MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, FOR THE SERVICE IT IS PROVIDING, AND DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  In no event will Minnesota Wavetech be liable for any indirect, incidental, or consequential damages, including but not limited to lost savings, profits, or opportunities, arising out of the use of or the inability to use these services, even if Minnesota Wavetech has been advised of the possibility of such damages.

You agree to release, defend, indemnify and hold harmless Minnesota Wavetech from and against any liability to anyone or any entity that may arise due to your use of Minnesota Wavetech's services under this Agreement.

Acceptable Use Policy. The use of Minnesota Wavetech's services is governed by the attached Acceptable Use Policy.  By executing this Agreement, you acknowledge that:

  • you have read the attached Acceptable Use Policy;
  • you will abide by it as if the Policy were incorporated into this Agreement;
  • you are ultimately responsible for all materials that you create, regardless of whether the materials are authorized under the Policy;
  • Minnesota Wavetech may monitor your activities if Minnesota Wavetech reasonably believes that you may be violating the Policy;
  • Minnesota Wavetech may disclose evidence of activities which violate the Acceptable Use Policy to law enforcement authorities; and
  • you agree to be bound by Minnesota Wavetech's interpretation of the Policy.

If you need help interpreting the terms of the Acceptable Use Policy, you may contact Minnesota Wavetech for assistance.

Termination. Either party may terminate this Agreement at any time for any reason by providing notice to the other party.   Minnesota Wavetech may terminate this Agreement without notice if a bill is more than thirty (30) days past due.  Notice of termination must be made in writing via e-mail, fax, or postal service.  Fees for your account will continue to be assessed until this Agreement is properly terminated.  Upon termination, you:

  • must pay at once all moneys then due;
  • must pay all expenses incurred by Minnesota Wavetech to enforce its rights under this Agreement, including reasonable attorney's fees as permitted by law, and any damages caused to Minnesota Wavetech because of your actions;
  • may receive a partial refund for prepaid services as shown on the Fees and Services Schedule;
  • may request that Minnesota Wavetech forward e-mail to your new e-mail address for three (3) months.

Miscellaneous. This Agreement is governed by the law of the state of Minnesota.  If any term of this Agreement is held to be unenforceable, such decision shall not affect the validity or enforceability of the remaining provisions.