MHTC Internet and TV Terms and Conditions
Last Updated: April 3 , 2018
PLEASE READ THESE INTERNET AND TV TERMS AND CONDITIONS CAREFULLY. CUSTOMER’S USE OF INTERNET SERVICES AND/OR TV SERVICES CONSTITUTES CUSTOMER’S AGREEMENT TO BE BOUND BY THE CHARGES, TERMS, AND CONDITIONS SET FORTH IN THE TERMS OF SERVICE.
- “Account Identifiers” means all passwords, user IDs, answers to security questions, e-mail addresses, IP addresses, and other personal identifiers used in connection with the Services and your MHTC accounts.
- “Applicable Law” means all applicable local, state, federal and international laws and regulations.
- “Content” means all information, text, data, names, materials, audio, video, music, sounds, images, photographs, graphics, logos and other content.
- “Customer” or “You” or “Your” means any person or entity that subscribes to Services from MHTC.
- “MHTC” or “We” or “Us” or “Our” means MH Telecom, LLC dba MHTC.
- “MHTC Provided Equipment” means modems, set-top boxes, antennas, ONTs or any other devise provided by MHTC to Customer for use of the Services.
- “Premises” means the address to which Services are to be provided as identified on the Application for Services signed by the Customer and made a part of the Service Agreement.
- “Service Agreement” means an agreement signed by Customer for Services.
- “Services” means Internet Services and/or TV Services provided by MHTC.
- “System” means MHTC Provided Equipment and the system of wires, cables, fiber and additional Premises equipment owned by MHTC used to provide the Services
- “Term Contract” means a Service Agreement between MHTC and Customer, whereby MHTC agrees to provide, and Customer agrees to purchase, Services for a minimum fixed period of time of not less than 12 months.
- “User” means any person or entity that makes use of MHTC’s Services, regardless of whether said use was authorized.
- Changes to the Terms of Service
MHTC may make changes to the Terms of Service at any time, including a change in any charge or fee, or the imposition of a new charge or fee. MHTC will provide Customer with notice of any material changes in the manner proscribed in Section 23 below. It is Customer’s responsibility to check the MHTC home page (www.mhtc.net) for any such notices on AT LEAST a monthly basis. Any change to the Terms of Service shall become effective thirty (30) days after notice from MHTC, unless an alternative date is specified. Customer’s use of any affected Service after the effective date of any change shall constitute Customer’s acceptance and agreement to such change. If Customer does not agree to be bound by any change, Customer may terminate the affected Service as provided in the Terms of Service.
- General Terms and Conditions Related to Services.
- Customer must be at least 18 years old to apply for Services. By accepting MHTC’s Services, Customer represents to MHTC that Customer meets this age requirement.
- MHTC shall provide, and Customer shall accept, Services subject to the charges, terms, and conditions set forth in the Terms of Service.
- Customer acknowledges and agrees that MHTC exercises no control whatsoever over the form or nature of the Content communicated or available through the Services.
- Internet Service.
Internet Service means all Internet related services provided by MHTC including, but not limited to, access to the Internet, anti-spam software, domain hosting, and any equipment provided by MHTC in order to connect to the Internet.
- Shared Network. Like the other networks that make up the Internet, MHTC’s network is a shared network, which means that the transmission links and other network resources used to provide Internet Service are shared among MHTC’s customers.
- Network Management. MHTC manages its network for the benefit of all users based on a variety of factors and our technical expertise. MHTC engages in reasonable network management practices to protect its network from harm, compromised capacity, degradation in network performance and service levels. See, MHTC’s Network Management Practices (_insert link__).
- Transmission Speed and Conditions that May Impact Service Performance. Internet Service is provided “up to” the transmission speed identified in Customer Service Agreement, but may be lower for a variety of reasons including: the performance of Customer-owned equipment/devices; the type of connection between Customer-owned equipment/devices and the MHTC Provided Equipment; the number of users simultaneously using the Customer’s LAN network; high demand on destination websites; and Customer location. Customer understands and agrees that MHTC does not warrant or guarantee any particular amount of bandwidth on the MHTC network or that any speed or throughput of Customer’s connection to the MHTC network will be available to Customer.
- Availability. Internet Service is not available in all areas, and may not be available at certain transmission speeds (or at all) at your location, even if MHTC’s initial testing indicates that your location qualifies for a particular level of service or transmission speed.
- Minimum Requirements. In order to use the Internet Service, Customer must meet minimum equipment, device, in-home network and system requirements as identified by MHTC.
- Service Changes. MHTC reserves the right to modify or discontinue its Internet Service, temporarily or permanently. If MHTC makes a change that would have a material impact on your Internet Service, MHTC will give you prior notice.
- Anti-Spam Software. MHTC utilizes anti-spam software. This feature of the Internet Service is intended to block unwanted e-mail/spam incoming and outgoing electronic mail. The Anti-Spam Software may not block all unwanted e-mail/spam, and may block email that is not unwanted e-mail/ spam.
- TV Service.
TV Service is provided for your viewing, use and enjoyment. You are prohibited from charging a fee to others to listen to or view the TV Service. TV Service may not be copied, transmitted, reproduced, published, broadcast, rewritten, redistributed, or performed except as permitted by the “fair use” provisions of the U.S. copyright laws.
- Programming. Customer acknowledges and agrees that it has no right to receive, and MHTC has no obligation to provide, any particular programming or channel as part of the TV Service and that Customer has not entered into any agreement or purchased the TV Service in reliance on an expectation, representation, or promise that any particular programming or channel, or number of channels, shall be included as part of the TV Service.
Programming and channels available to Customer as part of the TV Service or any other programming are subject to change, and customer is not guaranteed any particular channel or number of channels.
In the event particular programming or channels become unavailable, either on a temporary or permanent basis, for any reason, MHTC shall not be liable for compensation, damages, credits or refunds of fees for the missing or omitted programming or channels. Customer’s sole recourse in such an event shall be termination of the TV Service in accordance with the Terms of Service. The provisions of this paragraph shall not apply to programming or channels to which a Customer subscribes on an a` la carte basis (i.e. channels that are not part of a package or tier); provided, however, in that event MHTC may provide to Customer a pro rata credit of amounts pre-paid for the specific programming or channels to which Customer subscribes on an a` la carte basis.
- Digital Video Recorders (DVR). DVRs provide easy recording and playback of programming. If a DVR should fail, the programming may not be recorded and previously recorded programming may be lost. MHTC is not responsible to recreate any non-recorded programming or the lost recordings.
- Account Identifiers, Login/Usernames and E-mail Addresses
- Customer has no proprietary right or right to continued use of any Account Identifiers. MHTC assigned Account Identifiers will remain the property of MHTC and at MHTC’s sole discretion may be altered or replaced at any time.
- Upon termination of Internet Service, Customer’s login/username and e-mail address will be disabled for a period of one-hundred eighty (180) days, at which time the login/username and e-mail address will be eligible for reassignment.
- Upon termination of Internet Service, e-mail will not be received and will bounce back to the sender.
- MHTC will store up to 1GB of read and unread e-mail on an active account. If after one-hundred eighty (60) days a Customer’s mailbox has not been accessed via POP3, IMAP, or Webmail, the mailbox will then be deemed an “Abandoned Account“, and all e-mail associated with the Abandoned Account will be removed from the server.
- Obligations of Customer
- Customer shall not permit any unauthorized persons to use the Services or access the Internet through Customer’s MHTC account.
- Customer agrees that the Services will be used in a manner consistent with all Applicable Laws.
- Neither Customer nor any User of the Services may use the Services for any unlawful or improper purpose or in such a way that interferes with MHTC’s network, business operations, employees or other customers.
- Use of the Internet Service by Customer or any User must comply with MHTC’s Acceptable Use Policy (“AUP”) https://www.mhtc.net/acceptable-use-policy/
- Customer may not, whether for a fee or without charge, sell, resell, reproduce, re-provision, or redistribute the Services, or any portion or use of the Services, or access to the Services (“Reselling of Services”).
- Customer is solely responsible, at Customer’s expense, for all equipment, devices and software necessary to use the Services and to connect to the Internet. Customer understands that even where MHTC Provided Equipment is provided by MHTC, additional equipment, devices and software may be necessary to use the Services. Customer shall be responsible for any such equipment, devices or software. MHTC will not provide support for, or be responsible for maintenance of, such equipment, devices and software. Customer shall be responsible for the use and compatibility of any Customer provided equipment, devices and software with any MHTC Provided Equipment and MHTC Services. Customer will not connect any equipment, devices and software unless the equipment, devices and software have been authorized or approved by MHTC.
- Customer is solely responsible, at Customer’s expense, to provide electrical power to operate the MHTC Provided Equipment.
- Customer is solely responsible, at Customer’s expense, to provide and configure any “firewall” or security measures for use with the Internet Service to prevent damage from viruses, malware, or other similar malicious items and to prevent unauthorized access to Internet Service.
- Customer is solely responsible for payment of service charges for visits by MHTC or its contractors to the Premises when a service request results from causes not attributable to MHTC.
- Customer is solely responsible, at Customer’s expense, for management of any and all of Customer’s Content including, but not limited to, back-up and restoration of Content, regardless of whether the Content is maintained on MHTC servers or Customer’s servers.
- Customer is solely responsible for all Content that Customer or any User uploads, downloads, posts, e-mails, transmits or otherwise make available by use of the Services.
- Customer is solely responsible for any charges incurred while using the Internet (e.g., for using on-line information services and shopping on-line).
- Customer agrees to notify MHTC by calling (608) 437- 5551 or (608) 930-9985, within ten (10) days of any change of Customer’s billing address, email address or telephone number.
- Customer agrees to notify MHTC immediately by calling (608) 437- 5551 or (608) 930-9985, if any MHTC Provided Equipment is stolen or if Customer becomes aware at any time that Services are being stolen or fraudulently used.
- MHTC Provided Equipment and System
- Any MHTC Provided Equipment will be either new or refurbished.
- All MHTC Provided Equipment and the System shall remain MHTC’s sole property. Title to the MHTC Provided Equipment and System shall remain with MHTC at all times and Customer shall have no property rights or interest therein except as set forth in the Terms of Service.
- Customer agrees to abide by any terms and/or conditions for use imposed by an MHTC Provided Equipment manufacturer.
- Customer agrees that the MHTC Provided Equipment and System will not be moved from the Premises and will be used only for its intended use, and not for any other purpose (such as on another provider’s network).
- Customer agrees to keep the MHTC Provided Equipment in good condition.
- Customer must notify MHTC promptly of any MHTC Provided Equipment or System failure or malfunction. MHTC shall repair or replace MHTC Provided Equipment and the System, except that Customer shall be responsible for all costs incurred by MHTC to repair or replace the MHTC Provided Equipment and/or System if such repair or replacement is caused by Customer’s or any User’s negligent or willful conduct.
- Customer agrees that no other person or entity besides MHTC or its contractors shall repair or replace the MHTC Provided Equipment or System.
- Tampering with the MHTC Provided Equipment or System, or attempting to connect the MHTC Provided Equipment or System to other hardware, will be treated as damage due to your negligent or willful conduct.
- Upon termination of your Service Agreement or applicable Services, Customer agrees to return all MHTC Provided Equipment to MHTC within seven (7) days of the date of termination. If Customer fails to return in good condition any item of MHTC Provided Equipment within seven (7) days of the date of termination, Customer will be liable for the equipment replacement charges. The replacement charges for unreturned or damaged MHTC Provided Equipment shall be the the-current replacement cost for the same or similar equipment.
- Access to the Premises and Inside Wiring.
- Customer hereby grants, without fee, to MHTC and its employees, agents and contractors, all easements and rights-of-way on, under, above, and across the Premises necessary to install, maintain, inspect, remove, repair and replace the MHTC Provided Equipment and the System. Customer further grants to MHTC, its employees, agents and contractors the right to enter the Premises for the same purposes. Upon termination of Customer’s Service Agreement, MHTC shall have the right but not the obligation to remove the System. In the event that Customer is not the owner of the Premises, Customer represents and warrants that Customer has the consent of the owner of the Premises to grant MHTC the reasonable access provided herein.
- Customer represents and warrants that Customer owns or has the consent of the owner of the Premises to control the existing wiring in the Premises (the “Inside Wiring“). Customer grants MHTC, its employees, agents and contractors the right to use and alter the Inside Wiring.
- Pricing, Billing and Payment
- Credit Check. Our agreement to provide you Services is subject to credit approval, and, as such, you give MHTC permission to obtain your credit information from consumer credit reporting agencies at any time.
- Advance Payments & Deposits. If we determine that you may be a credit risk due to: (i) unsatisfactory credit rating; (ii) insufficient credit history; (iii) fraudulent or abusive use of any Services within the last five (5) years; or (iv) late payments for current or prior bills, we may refuse to provide Services to you, or we may require an advance payment and/or deposit. Interest will not be paid on advance payments or deposits unless required by Applicable Law. If we determine that an initial advance payment and/or deposit is inadequate, we may require an additional advance payment and/or deposit. We also reserve the right to require you to pay an advance payment and/or deposit for the continuation of Services.
- Fees. Customer agrees to be responsible for all fees or charges related to the Services including, without limitation, monthly recurring charges for Services and/or MHTC Provided Equipment, usage-based charges at our current rates when used, installation fees, Taxes and Regulatory Charges, NSF charges, late payment charges and/or interest, and Service reestablishment fees. The initial monthly recurring charges for Services and/or MHTC Provided Equipment are set forth in the applicable Service Agreement.
- Taxes and Regulatory charges. Customer is responsible for all taxes, regulatory charges, regulatory cost recovery charges, surcharges and franchise fees charged by federal, state, local or other governmental entity, that are required or permitted by law (“Taxes and Regulatory Charges”). Taxes and Regulatory Charges are subject to change without notice.
- Billing. MHTC shall bill Customer monthly in advance for monthly recurring charges for Services and/or MHTC Provided Equipment. MHTC shall bill Customer in arrears for all usage-based Services.
- Due Date for Payments. Any installation fees are due on or prior to the effective date of Service. Monthly recurring charges for Services and/or MHTC Provided Equipment for the first month are due on or prior to the effective date of Service. Thereafter, monthly recurring charges for payments for Services and MHTC Provided Equipment are due on the tenth (10th) of each month. All other payments are due on the date specified in a bill or in the Terms of Service. The date upon which any payment is due is referred to herein as the “Due Date”. Payments are late if not received by MHTC by the Due Date.
- Billing Disputes. You must review bills in a timely manner. If you believe you have been billed in error, please notify us immediately pursuant to Section 23 below and not later than sixty (60) days after the Due Date. Unless Customer gives notice to MHTC of a good faith billing dispute within sixty (60) days after the Due Date, Customer waives any right to challenge the disputed amount and releases MHTC from all liabilities and claims resulting from any such billing dispute. You accept all charges on your bill not disputed within this 60-day period, and must pay those charges. MHTC will not issue refunds or credits after the expiration of this 60-day period, except where required by Applicable Law. You must pay any undisputed portion of a bill while your dispute is investigated by MHTC.
- Failure to Timely Pay. If Customer does not pay an outstanding balance by the Due Date, Customer’s account will be considered to be in default and the Services provided to Customer will be suspended upon five (5) days’ notice. If Customer’s account is in default, Customer is subject to an interest charge of 1.5% per month, or the maximum allowable rate under state law, whichever is less, on any past-due balances.
- Costs of Collection. Subject to Applicable Law, Customer agrees to reimburse MHTC for costs and expenses incurred by MHTC to collect payments of any kind, including reasonable attorneys’ fees.
- Suspended Account. Once an account has been suspended, it is the Customer’s responsibility to contact MHTC’s billing department at 608-437-5551 or 608-930-9985 to make the necessary payment arrangements and to reactivate Services.
- Termination of Services. After thirty (30) days of having an account suspended for non-payment, MHTC may disconnect Customer’s account and terminate Services.
- Reestablishment of Service. If Customer desires to reestablish Services after they have been terminated, Customer will be required to do the following prior to receiving Services: (i) submit a new application for Services; (ii) pay any outstanding amounts owed including, but not limited to, any applicable early termination charges, and to the extent permitted by Applicable Law, costs and expenses incurred by MHTC to collect payment, including reasonable attorneys’ fees; (ii) pay a Service reestablishment fee; and (iv) pay an advance payment and/or deposit, if required by MHTC.
- Not Sufficient Funds (NSF) Charge. MHTC may charge a fee to a Customer with respect to any authorized demand by MHTC for payment of a bill from Customer’s designated financial institution which is rejected by the financial institution.
- Suspension and Termination of Services.
- Termination by Customer
- You may cancel Services at any time. However, if you do so before the end of the initial term of any applicable Term Contract, you will be subject to the early termination fee associated with that Term Contract as specified in your Service Agreement.
- Customer may cancel Services by providing notice to MHTC pursuant to Section 23, below. Charges to Customer’s account will continue to accrue until notice of cancellation of Services has been given to MHTC.
- Suspension or Termination of Services by MHTC
- For Non-Payment. If Customer does not pay an outstanding balance by the Due Date, Customer’s account will be considered to be in default and the Services provided to Customer will be suspended upon five (5) days’ notice. After thirty (30) days of having an account suspended for non-payment, MHTC may disconnect Customer’s account and terminate Services.
- Other than for Non-Payment. MHTC may immediately suspend or terminate, all or a portion of your Service without notice, if: (i) you provide false or inaccurate information to MHTC; (ii) MHTC determines, in its sole discretion, that Customer or a User has violated MHTC’s AUP; (iii) MHTC determines, in its sole discretion, that Customer has engaged in the Reselling of Services; (iv) MHTC determines, in its sole discretion, that Customer or a User has engaged in conduct that is a violation of any Applicable Law; (v) Customer or a User commits a breach of any provision of the Terms of Service and said breach is not cured within twenty (20) days after MHTC provides Customer with notice of such breach; (vi) in response to a court or government demand; (vii) you are insolvent, have made an assignment for the benefit of credits, or you have filed or had filed against you a petition for bankruptcy; (viii) MHTC determines, in its sole discretion, that the integrity or normal operations of MHTC’s network is at imminent risk; or (ix) if MHTC determines, in its sole discretion, that Customer or a User has engaged in conduct that is threatening, abusive or harassing to MHTC employees or any of their vendor’s employees or representatives including, for example, making threats to physically harm or damage employee or company property; frequent use of profane or vulgar language; or repeatedly contacting our customer service representatives for reasons that do not pertain to our provisioning, maintenance, repair or general servicing of your Service after you have been asked to stop such conduct.
- Inability of MHTC to Provide Service. MHTC may terminate, all or a portion of your Service, upon notice to you, if MHTC determines, in its sole discretion, that it is unable to provide Service to you for technical or economic reasons.
- Early Termination Fee. If MHTC terminates a Service under subsections (i) or (ii) above, and you are in the initial term of a Term Contract, you will be subject to the early termination fee associated with that Term Contract as specified in your Service Agreement.
- General Rules Applicable to Termination.
- You must pay all charges for Services through the date of termination.
- If your Service is terminated, all rights granted to Customer shall immediately cease and terminate.
- If your Service is terminated, MHTC has the right to immediately delete all data, files, and other information stored in or for your account without further notice to you.
- Conflicting terms.
- In the event of a conflict between the provisions of this Section 11 of these Internet and TV Terms and Conditions and the provisions of your Service Agreement, the provisions of these Internet and TV Terms and Conditions shall control.
- Account Security. There is a risk that others may attempt, through the Internet or otherwise, to access your Account Identifiers. You acknowledge that this risk is inherent to the nature of using and accessing this website and you agree to keep confidential all Account Identifiers and to take adequate security precautions to safeguard your account and Account Identifiers (e.g., periodically changing your passwords). You are solely responsible for any liability or damages resulting from your failure to maintain the confidentiality of your Account Identifiers and for all activities that occur on your account or through your Account Identifiers. MHTC will not be liable for any actions, claims, costs, damages, or expenses arising from unauthorized access to your account or your Account Identifiers being lost or stolen. You agree to immediately notify MHTC if you suspect any breach of security such as loss, theft, public use, or unauthorized disclosure or use of your account or your Account Identifiers by calling (608) 437- 5551 or (608) 930-9985 or the customer service number provided on your billing statement. You authorize MHTC to provide information about and to make changes to your Account Identifiers upon the direction of any person able to provide information we deem sufficient to identify you.
- Network Security and Management. Customer acknowledges and agrees that MHTC has no obligation to monitor Content on its network or that is transmitted through the Internet Services, but may monitor Content on its network or that is transmitted through the Internet Services and that MHTC may remove such Content that MHTC deems unacceptable, undesirable, or in violation of the Terms of Service including, but not limited to, MHTC’s AUP. Customer acknowledges and agrees that MHTC may disclose any Content to identify the responsible Customer as may be required by Applicable Law, or to operate MHTC’s Services properly, or to protect MHTC or its other Customers. Customer acknowledges and agrees that MHTC has the right to immediately suspend or terminate Customer’s account and Service Agreement, without prior notice, if MHTC believes, in its sole discretion, that Customer or any User has violated MHTC’s AUP, regardless of Customer’s or User’s knowledge or intent of such violation. Customer also acknowledges and agrees that, to the extent not prohibited by Applicable Law, MHTC may block traffic to and from any source including, without limitation, the deletion of any electronic mail, as it deems necessary to secure its network and/or eliminate spam, and take such other actions as it determines, in its sole discretion, are necessary to manage or protect its network or to benefit the greatest number of its customers. MHTC may take these actions, with or without notice, in situations where MHTC believes, in its sole discretion, that Customer may harm the MHTC network or disrupt the performance of the Internet Service for other users of MHTC services.
- Third Party Sites
Internet Services may permit access to web sites operated or owned by third parties (“Third Party Sites“). You may access Third Party Sites at your own risk. MHTC is not responsible for, and does not endorse, the Content contained on any Third Party Site accessible from a link on an MHTC website. Visitors to any linked website are urged and expected to abide by all applicable policies governing such websites. MHTC reserves the right to restrict or deny access to any Third Party Sites otherwise accessible through the Internet Service. MHTC shall have no liability to you arising out of or in connection with your access to and use (or misuse) of the Third Party Sites.
- Vacation Status
- Customer may temporarily suspend (i.e., place on Vacation Status) a Service for a period of up to six (6) months. While on Vacation Status, Customer shall not be required to pay the regular monthly fee for that Service. Customer shall be charged a five dollar ($5.00) fee, for any month or part thereof, while any Internet Service is on Vacation Status. There is no such fee for TV Services on Vacation Status. Customer is still responsible for any applicable Taxes and Regulatory Charges with respect to any Service placed on Vacation Status.
- While a Service is on Vacation Status, Customer will not be able to use that Service. If Customer’s Internet Service is on Vacation Status, Customer’s account(s) will remain intact and incoming e-mail messages will be delivered.
- Services that have been on Vacation Status for more than 180 days will be automatically reactivated on the 181st day after the Vacation Status commenced.
- Upon reactivation, either on the date requested by Customer or the 181st day after the Vacation Status commenced, whichever is earlier, Customer will be responsible for payment of applicable charges for those Services.
- If Customer is placed on Vacation Status during the initial term of a Term Contract, the period of time that Customer is on Vacation Status shall not be counted in measuring Customer’s initial term commitment (e.g., if Customer is under a one-year Term Contract for TV Services commencing on July 1, and Customer is put on Vacation Status for four months, from December 1 through March 31, Customer’s initial term will be extended four months from June 30 to October 31).
- To elect Vacation Status or to reactivate Services that have been placed on Vacation Status, Customer may call MHTC at (608) 437-5551 or (608) 930-9985.
- NO WARRANTIES
- SERVICES AND MHTC PROVIDED EQUIPMENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OR GUARANTIES OF ANY KIND. MHTC EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES IMPLIED BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE.
- MHTC MAKES NO WARRANTIES OR GUARANTEES: (i) AS TO THE AVAILABILITY OR CONTINUOUS AVAILABILITY OF THE SERVICES (EVEN IF INITIAL TESTING INDICATED THAT THE CUSTOMER LOCATION QUALIFIED FOR A PARTICULAR SERVICE); (ii) THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, PRIVATE, COMPLETE OR ERROR-FREE; (iii) THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (iv) REGARDING THE APPROPRIATENESS, ACCEPTABILITY, DESIRABILITY, QUALITY, CONTENT, ACCURACY, OR VALIDITY OF THE CONTENT, INFORMATION OR DATA RESIDING ON, PASSING THROUGH, OR OVER THE SERVICES; (v) THE QUALITY OF ANY SERVICES, PRODUCTS, CONTENT, INFORMATION, DATA OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES; (vi) ANY SPECIFIC FEATURE OF THE SERVICES; (vii) TRANSMISSION QUALITY; (viii) TRANSMISSION SPEEDS OF INTERNET SERVICE (EVEN IF INITIAL TESTING INDICATED THAT THE CUSTOMER LOCATION QUALIFIED FOR A PARTICULAR TRANSMISSION SPEED); AND (ix) THE SERVICES ARE FREE OF VIRUSES, WORMS, SPAM, POP-UP ADVERTISING, SPYWARE, ADWARE, DENIAL OF SERVICE ATTACKS OR OTHER HARMFUL COMPONENTS, EVEN IF COUNTERMEASURES HAVE BEEN DEPLOYED.
- CUSTOMER ASSUMES FULL RESPONSIBILITY AND RISK FOR ITS’ OWN OR ANY USER’S USE OF MHTC’S SERVICES AND THE INTERNET. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR EQUIPMENT, DEVICES (INCLUDING YOUR COMPUTER SYSTEM) AND NETWORK OR LOSS OF CONTENT THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT.
- THIS DISCLAIMER SHALL APPLY TO ALL ADVICE, ASSISTANCE, CONTENT, OR SERVICES, NOW OR SUBSEQUENTLY FURNISHED, DELIVERED OR MADE AVAILABLE BY MHTC, ITS OFFICERS, EMPLOYEES, AGENTS, OR CONTRACTORS. NO ADVICE OR ASSISTANCE GIVEN BY MHTC, ITS OFFICERS, EMPLOYEES, AGENTS, OR CONTRACTORS SHALL CREATE A WARRANTY.
- LIMITATION OF LIABILITY
- MHTC, ITS OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUPPLIERS AND LICENSORS SHALL IN NO EVENT BE LIABLE OR RESPONSIBLE TO CUSTOMER OR ANY OTHER PERSON OR ENTITY IN CONTRACT, TORT (INCLUDNG NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, INCIDENTAL, SPECIAL, RELIANCE OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES FOR WORK-STOPPAGE, LOSS OF DATA, LOSS OF GOODWILL, LOST PROFITS, LOST OPPORTUNITY, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL OR ECONOMIC DAMAGES (EVEN IF MHTC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM, RELATED TO, OR RESULTING FROM: (i) THE INSTALLATION, OUTAGE, MAINTENANCE, REPAIR, REPLACEMENT, INSPECTION, REMOVAL, USE, PERFORMANCE, FAILURE, OR INABILITY TO USE THE SERVICES, MHTC PROVIDED EQUIPMENT AND/OR THE SYSTEM; (ii) USE, PERFORMANCE, FAILURE OR INABILITY TO USE ANTI-SPAM SOFTWARE OR SECURITY SOFTWARE; (iii) POWER FAILURE OR ABSENCE OF BATTERY BACKUP; (iv) THE CONTENT, INFORMATION, AND DATA COMMUNICATED THROUGH THE SERVICES OR THE INTERNET; (v) LACK OF PRIVACY WHILE ACCESSING THE INTERNET VIA MHTC’S INTERNET SERVICES; (vi) THE COST OR PROCUREMENT OF SUBSTITUTE SERVICES; (vii) UNAUTHORIZED ACCESS OR USE OF YOUR ACCOUNT, ACCOUNT IDENTIFIERS, THE SERVICES, OR ANY TRANSMISSIONS OVER THE SERVICES; (viii) THE ACT OR OMISSION TO ACT OF ANY THIRD PARTY OR ANY ACT OR OMISSION TO ACT WHICH IS BEYOND MHTC’S CONTROL; (ix) THE COMPATIBILITY OF YOUR NETWORK, EQUIPMENT, DEVICES, COMPUTER, AND SOFTWARE THAT YOU PROVIDE TO RECEIVE THE SERVICES; AND/OR (x) ANY OTHER MATTER RELATING TO THE SERVICES.
- EXCEPT AS LIMITED BY APPLICABLE LAW, MHTC’S SOLE LIABILITY, IF ANY, FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THE TERMS OF SERVICE OR THE USE OR FAILURE OF THE SERVICES, MHTC PROVIDED EQUIPMENT AND/OR THE SYSTEM, SHALL IN NO EVENT EXCEED AN AMOUNT EQUAL TO THE PROPORTIONATE CHARGE APPLICABLE TO THE PERIOD TO WHICH THE SERVICES, MHTC PROVIDED EQUIPMENT AND/OR SYSTEM WERE AFFECTED. THESE LIMITATIONS WILL APPLY REGARDLESS OF ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
- EXCEPT AS PERMITTED UNDER SUBSECTION (b), IF CUSTOMER IS DISSATISFIED WITH THE SERVICES OR WITH ANY TERMS, CONDITIONS, RULES, POLICIES, GUIDELINES OR PRACTICES OF MHTC IN OPERATING THE SERVICES, CUSTOMER’S SOLE AND EXCLUSIVE REMEDY IS TO TERMINATE ITS SERVICE AGREEMENT SUBJECT TO ANY EARLY TERMINATION CHARGES.
- CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD MHTC, ITS OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUPPLIERS, LICENSORS, AND UNDERLYING COMMUNICATIONS CARRIERS, INCLUDING UPSTREAM INTERNET SERVICE/ACCESS PROVIDERS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS OR DEMANDS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR LIABLE, SLANDER, INVASION OF PRIVACY, INFRINGEMENT OF ANY PATENT, TRADEMARK, COPYRIGHT OR TRADE SECRET, AND INVASION AND/OR ALTERATION OF PRIVATE RECORDS OR DATA), DAMAGES, LIABILITIES, LOSSES, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) ARISING OUT OF, OR IN CONNECTION WITH: (i) THE USE OF THE SERVICES, MHTC PROVIDED EQUIPMENT AND/OR THE SYSTEM; (ii), THE CONTENT, INFORMATION, OR DATA SUBMITTED, POSTED, TRANSMITTED, OR UPLOADED TO OR THROUGH THE SERVICES; (iii) ANY VIOLATION OF THE TERMS OF SERVICE (INCLUDING, WITHOUT LIMITATION, MHTC’S AUP), APPLICABLE LAW, OR ANY RIGHTS OF ANOTHER; (iv) INSTALLATION, MAINTENANCE, INSPECTION, REMOVAL, REPAIR AND REPLACEMENT OF THE MHTC PROVIDED EQUIPMENT AND THE SYSTEM AND USE OR ALTERATION OF THE INSIDE WIRING; AND (v) ANY ACCESS OR USE OF YOUR ACCOUNT, ACCOUNT IDENTIFIERS, OR THE SERVICES. THESE OBLIGATIONS WILL SURVIVE TERMINATION OF THIS AGREEMENT AND CUSTOMER’S USE OF THE SERVICES, MHTC PROVIDED EQUIPMENT AND/OR THE SYSTEM.
- MHTC shall promptly notify Customer of any claim or litigation to which this indemnity applies, and Customer shall assume the defense of any such claim or litigation. MHTC reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which MHTC is entitled to indemnification under the Terms of Service, in which event Customer will cooperate with MHTC in asserting any available defenses.
- Copyright Violation Reporting and the Digital Millennium Copyright Act (“DMCA“)
- Customer will not use, or allow others to use, Internet Service to send or receive, or otherwise use any information that is protected by copyright, trademark, patent, trade secret, any other type of intellectual property rights, trademark laws (by rights of privacy or publicity) or other proprietary right of any party unless you own or control the rights thereto or have received all necessary consent to do the same. This includes, but is not limited to, music, movies, photographs or other copyrighted materials or software. Customer represents and warrants that Customer is and will be the author and copyright owner and/or an authorized licensee with respect to any hosted Content, and Customer further represents and warrants that no hosted Content violates or will violate the trademark, copyright, patent, or other intellectual property rights of any third party. MHTC assumes no responsibility, and you assume all risks, regarding the determination of whether material is in the public domain, or may otherwise be used by you for such purposes.
- MHTC is registered under the DMCA. In compliance with the DMCA, MHTC offers information for the reporting of a claimed copyright infringement. See, the MHTC Copyright Violation Reporting Policy at _______________________. In response to a notice of claimed copyright infringement, MHTC may take such action as it deems appropriate under the circumstances and consistent with Applicable Law, as determined in its sole discretion including, without limitation, suspension or terminate of your Internet Service, with or without notice to you.
- Force Majeure
MHTC shall in no event be liable or responsible to Customer for any delay or failure in the performance of any part of the Terms of Service or to provide Services to the extent such delay or failure is caused by acts of God; fire; flood; earthquake; tornado; natural disaster; major weather disturbance, explosion; war; civil or military authority; public enemy; terrorism; vandalism, cable cut, power outage; water; embargo; strike; labor dispute; government requirement; failure of equipment or facilities; acts or omissions of underlying communications carrier or suppliers; acts or omissions of any government authority; or any other cause beyond the reasonable control of MHTC or any underlying communications carrier, whether or not similar to the foregoing. MHTC shall endeavor to give Customer prompt notice of any such delay or failure.
Customer may not assign its rights or delegate any obligations under the Agreement, in whole or in part, without the prior written consent of MHTC. MHTC may assign its rights and delegate its obligation under the Terms of Service, in whole or in part, at any time, without consent from or notice to Customer.
- Binding Effect.
The Terms of Service shall be binding upon the parties’ successors and permitted assigns.
- No Third Party Beneficiaries.
The Parties agree that, except as otherwise expressly provided in the Terms of Service, there shall be no third party beneficiaries to the Terms of Service.
- Notice shall be provided in the following manner:
- To MHTC: (A) by calling MHTC at (608) 437-5551 or (608) 930-9985; (B) by delivering written notice to an MHTC office; (C) by depositing written notice in the U.S. Mail, postage prepaid, addressed to MHTC, Attn: Billing Department, PO Box 65, Mount Horeb, WI 53572; or (D) by emailing MHTC at email@example.com.
- To Customer: (A) by calling Customer’s telephone number; (B) in writing: to Customer’s MHTC provided e-mail address; to any other email address Customer provides to MHTC; to Customer’s service address or billing address via bill message, bill insert, letter, or other writing deposited in the U.S. Mail, postage prepaid; or (C) posted on the MHTC home page (www.mhtc.net).
- Notice shall be deemed to have been given on the date that the parties or their representatives communicate over the telephone or the notice is personally delivered; three (3) days after, deposited in the U.S. Mail, postage prepaid or the date of actual receipt, whichever is earlier; or on the same date sent via e-mail if sent before 5:00 p.m. (if the e-mail is not sent before 5:00 p.m., notice shall be deemed to have been given on the next calendar day); or on the date posted on the MHTC home page (www.mhtc.net)..
- MHTC and Customer may change their telephone number, addresses or email address for purposes of notice by giving notice to the other party of such change in the same manner as is provided above.
No waiver shall be implied by the failure of MHTC or Customer to insist on performance of any of the provisions of the Terms of Service or to exercise any right or privilege granted to such party. No express waiver by MHTC or Customer shall be construed as waiving any breach of the Terms of Service or the performance of any of the provisions not specified in the express waiver, and then only for the time and to the extent stated therein. One or more waivers of any provision shall not be construed as a waiver of a subsequent breach of the same provision.
If any provision of the Terms of Service shall be held by a court of competent jurisdiction to be invalid, such invalidity shall not affect any other provision of the Terms of Service that can be given affect without the invalid provision, and to this end, the provisions hereof are severable. The parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the invalid provision.
Obligations and rights in connection with the Terms of Service, which by their nature would continue beyond the termination, cancellation or expiration of the Terms of Service, will survive the termination, cancellation or expiration of the Terms of Service, including, but not limited to those in the following sections: 8, 9, 10, 11, 12, 15, 16, 17, and 27.
- Governing Law, Jurisdiction and Venue.
The Terms of Service, and the rights and obligations of the parties thereto, shall be governed by and construed in accordance with the laws of the State of Wisconsin. THE PARTIES IRREVOCABLY CONSENT TO THE EXCLUSIVE JURISDICTION (INCLUDING PERSONAL JURISDICTION) AND VENUE OF THE FEDERAL DISTRICT COURT FOR THE WESTERN DISTRICT OF WISCONSIN AND THE CIRCUIT FOR DANE COUNTY, WISCONSIN.
- Entire Agreement.
The Terms of Service constitute the entire agreement between Customer and MHTC for Services and supersedes any inconsistent or additional promises, representations, warranties or statements made to Customer by any employee or agent of MHTC. No undertaking, representation or warranty made by any agent or representative of MHTC in connection with the sale, installation, maintenance, repair or removal of Services shall modify or amend the Terms of Service.