Mooreland Wireless Internet mail@moorelandisp.net
PO Box 233 www.moorelandisp.net
Mooreland, IN 47360
765.524.3325
Terms of Service for
Wireless Internet Service
Provided by Mooreland Wireless Internet
This is an agreement made between Mooreland Wireless Internet located at PO Box 233, Mooreland, Indiana 47360, and its Customers. By ordering internet service from Mooreland Wireless Internet or by using equipment or services provided by Mooreland Wireless Internet, Customers accept the terms and conditions contained in this Agreement and agree to comply with its requirements. This agreement is effective upon activation date specified on the Subscriber Service Agreement, and remains in effect until terminated by either party according to the termination provisions specified herein. This document may be modified and updated from time to time and the most current version is available on the Web at www.moorelandisp.net . New versions of this policy become effective at the time they are uploaded to our Web server.
Definitions. Customer, Subscriber, You, Yours, or Yourself means a person, corporation, or legal entity that contracts for or uses Mooreland Wireless Internet service. Mooreland Wireless Internet, MWI, Company, Us, We, or Ours means Mooreland Wireless Internet, PO Box 233, Mooreland, Indiana 47360. Service is defined as the use by the Subscriber of network connectivity and information services provided by Company and any access to services provided by others via the Global Internet or private interactions. User is you or anyone you allow to gain access to the Service from your premises, whether or not they have your consent. Subscriber Service Agreement is the service order form containing the specific details of connection speed, contract length, fees, payment arrangements, and other information needed to provision service.
Provisions of Services. Mooreland Wireless Internet will provide services on its computing and network systems and also provide the installation of necessary equipment (which includes but is not limited to radio, cables, connectors, antennas, and standard mounting equipment) to you in exchange for payment of fees as described on the Subscriber Service Agreement, and compliance with the terms and conditions of this agreement and other Company policies. Your right to use the Service is not transferable.
Installation. The Service requires the installation of equipment at your premises and may require permanent modification of the premises to install cables, outlet boxes, antenna mounts, or other items. You agree to allow Mooreland Wireless Internet employees or contractors to install required equipment in the manner necessary to successfully deliver the service. We will make every commercially reasonable effort to provide a fully operational Service within 14 days of initial installation. This may require adjustments to the equipment such as relocation or reaiming of the outdoor antenna, retermination of cables, or configuration changes on the radio transceiver. In some situations, it will not be possible to establish a reliable link due to trees, buildings, or other obstructions. If we are unable to make the Service fully operational within 14 days after initial installation, either party may terminate this Agreement at no cost to either party. It is your responsibility to obtain any required permits or to gain landlord approval for the placement of the antenna and installation of equipment at your premises. Mooreland Wireless Internet is not responsible for property contract violations or other results of this installation if you or your affiliate proposes ownership or false landlord.
Payment Policies and Terms. You will be billed approximately the 10th of each month for the next month’s service. Payment is due to us within 15 days of invoice. Charges for accounts that are terminated, by either you or MWI, are not prorated and are due for the entire month. A $30 late payment fee will be assessed on any account not paid within 15 days of invoice. Accounts remaining unpaid for 30 or more days will be deemed delinquent. Delinquent accounts will accrue interest at 1.5 percent per month on all outstanding principle amounts until paid. Delinquent accounts will be placed on accounting hold and all services to you will be suspended until the account is paid in full. Accounts with a balance that is unpaid for 60 or more days are subject to collection and will continue to accrue interest and be liable for any legal fees. Reactivation of a connection that has been placed on accounting hold requires full settlement of the unpaid balance and payment of a $50 reconnection charge. Accounts that have been placed on accounting hold may only be settled by cashier’s check or money order.
Account Termination. You may terminate this Agreement by submitting a written request for termination to MWI via the e-mail address or postal address listed on our Website. Requests received by us prior to the close of business on the fifth day prior to your billing date will have a termination date of the next billing date. Termination requests received by us after the close of business on the fifth day prior to your billing date through the fifth day prior to the next billing date will have a termination date of the second billing date following the date of receipt. Any Agreement terminated under this provision will be subject to a termination fee of 50 percent of the remaining monthly fees due under this Agreement from the date of termination to the end of the Agreement, or the remaining balance of the contract, whichever is less. In the event of termination under this provision, all amounts remaining due and owing to MWI including aforesaid termination fee, will be due within 30 days of termination. Accounts not paid within 30 days of termination shall be deemed delinquent. This Agreement and your use of the Service may be terminated by us at any time with or without notice to you for any reason, including, without limitation, nonpayment of fees, or if we believe that you have violated or acted inconsistently with the letter or spirit of this Agreement or the Appropriate User Policy.
Equipment and Scope of Work. All equipment deployed at your premises, (radios, antennas, and standard mounting equipment, etc), will at all times remain the property of MWI. You shall not attempt modifications, adjustments, configuration changes, or otherwise tamper with our equipment. You may not sell, transfer, lease, encumber or assign all or part of the equipment to any third party. You will pay for the full retail cost of, or the cost of repair or replacement at our sole discretion, of any lost, stolen, unreturned, damaged, sold, transferred, leased, encumbered, or assigned equipment or part thereof, together with any costs incurred by using obtaining or attempting to obtain possession of any such equipment. Upon termination of this Agreement, You authorize us to retrieve MWI-owned equipment from your premises. We may elect to remove, or direct that you return, only the items that we deem to be valuable or reusable, and items such as in-wall junction boxes, cable, and brackets may, at our sole discretion, be left in place. We are not obligated to return your premises to any specific condition.
Functionality and Standard Maintenance. The demarcation point (“demark”) for this service is the Ethernet port nearest the Ethernet port of the radio transceiver at your premises. The technical support that we provide is limited to the connectivity itself and configuration of your computer and/or browser and e-mail applications to work with the Service. Support for other applications and uses is not provided or implied unless it is a specifically contracted service. The Service will be considered to be fully operational and acceptable to you if MWI-owned diagnostic equipment connected at the demark can transfer data to and from our internal servers at the data rates specified in the Subscriber Service Agreement. Any trouble on your side of the demark is the responsiblity of you, your Network Administrator, or vendor. Standard maintenance is limited solely to MWI’s network and backbone connectivity. If your connection ceases to function properly after it has been tested and shown to be working, but our network is still functioning properly, a technician will be sent to diagnose the problem. If the problem is due to your negligence, or any of those items listed in the “Not Covered by Standard Maintenance” section, you will be billed for all labor, materials, and equipment required to restore the Service to full functionality.
Not Covered by Standard Maintenance Plan. Maintenance, repair or replacement of parts damaged or lost through act of God, catastrophe, accident, terrorism, war, lightning, neglect, misuse, theft, fault or negligence by you, or causes external to the wireless system, such as, but not limited to failure of, or faulty, electrical power or air conditioning, operator error, or malfunction of your computer and/or peripheral equipment not installed by MWI, or from any cause related to or other than the intended and ordinary use is not covered. Antenna reaiming due to obstructions such as trees or buildings, or storm related damage is not covered, and we are not responsible for obstructions that may grow or be erected at your premises or elsewhere which may cause the radio signal to be blocked and the Service to degrade or become non-operational. Any reaiming of antennas or reconstruction of tower/mast assemblies will be billed to you at our standard hourly rates and may be subject to equipment costs. MWI is not liable for any damage to property as a result of above occurrences.
Service Outages. Routine maintenance and periodic system repairs, upgrades, and reconfigurations, public emergency or necessity, terrorism, upstream provider problems, restrictions imposed by law, acts of God, force majeure, labor disputes, and other situations, including mechanical or electrical breakdowns may result in temporary impairment or interruption of service. MWI does not guarantee continuous or uninterrupted service and reserves the right to occasionally reduce or suspend the service without notice.
Use of Services. You acknowledge and agree that certain content may be accessible through the Service which may contain material that is unsuitable for minors (persons under 18 years of age) and that while MWI does some screening of such intent with regard to obscenity, we are not responsible for content delivered by the Service with regard to copyright, obscenity, safety, integrity, or reliability. You agree to supervise usage of the service by any minors whom you may permit to use the service. You agree that requests for changes to the sites we block must come from the account owner. Other members of the family or business must make any requests through the account owner. You agree to use this service only for lawful purposes. The transmission or reception of any material in violation of any local, state, federal, or international law or regulation is prohibited. This includes, but is not limited to, copyrighted material, threatening or obscene material, material protected by trade secret, or material that infringes upon the rights of others. You agree not to use any connectivity or computing resources provided by us to interfere with or disrupt network users, services, or equipment, on our network or on any other network reachable via the Internet. We do not promise or guarantee the security of your computer systems. You agree to accept all responsibility for protecting your computer systems from all harmful activity that may occur due to its connection to the Internet. You may not resell connection or bandwidth without specific written agreement from us. You may not provide connection or bandwidth to any network device not physically located within the premises. You are ultimately responsible for any and all activity that originates from your Internet connection regardless of your knowledge of such activity. This includes but is not limited to activity by other household members, friends and guests, employees, contractors, or visitors. This also applies to security breaches of your own system by others who launch attacks form your computers. Should you violate any provisions of this section, MWI, at its sole discretion, may immediately suspend services to you and/or terminate this agreement. Our liability for termination of this Agreement under this provision shall be solely limited to a refund to you of any unearned prepaid service fees, less termination fees specified in the Account Termination section. MWI shall not be liable for any incidental or consequential damages as a result of the termination of the Agreement under this provision.
Bandwidth Utilization and Connection Speed. Overall network performance is determined partially by the amount of bandwidth Subscribers use. MWI can normally balance available bandwidth and Subscriber utilization to provide excellent service to all Subscribers. Subscribers will not be charged for bandwidth consumed, and MWI does not have specific limits or caps on bandwidth other than as defined in your Subscriber Service Agreement. If you use any MWI service in a manner which consumes excessive bandwidth or affects our core equipment, overall network performance, or other Subscribers’ services, we may require that you cease or alter these activities, or pay additional fees for consumption of these resources. The “connection speed” specified in the Subscriber Service Agreement is the Maximum Information Rate that the connection will provide, but is not a guaranteed minimum rate. MWI charges for its service continuously regardless of whether or not you are using it.
Appropriate Use. Subscribers are prohibited form engaging in certain activities on MWI’s network. We maintain a separate policy document, which describes these activities. That document, the Mooreland Wireless Internet Appropriate Use Policy (AUP), is incorporated herein by reference. The AUP is subject to revision by us from time to time at our sole discretion. Although we will make an effort to notify you of any additions to, deletions from, or changes in the policies, it is your responsibility to periodically review the AUP. The most current AUP is always available on our website and accessible 24 hours a day at www. .
Limitation and Disclaimer of Liability and Warranties. MWI does not warrant that its services will meet any specific subscriber requirement, or that it will be error-free or uninterrupted. MWI shall not be liable for any direct, indirect, incidental, or consequential damages (including lost data, information, or profits) sustained or incurred in connection with the installation, use, operation, or inability to use the service, whether caused by MWI’s own negligence, or by your errors or omissions. MWI assumes no responsibility for the content contained on the internet or otherwise available through the wireless network or from any source accessible via MWI’s services. MWI discloses and you acknowledge that there may be content on the internet, or otherwise available through the services provided by MWI, which may be offensive to some individuals, which may not be in compliance with local, state or federal laws, rules or regulations, including but not limited to pornographic content, or otherwise inappropriate or sexually explicit or offensive content. You acknowledge to MWI that your use of MWI’s services to access information, content, or other services is at your own risk. All implied warranties, including but not limited to the implied warranty of merchantability and fitness for a particular purpose are hereby excluded.
Indemnification. You shall indemnify and hold harmless MWI and any of its underlying service providers, information providers, licensors, employees, contractors, officers, directors, or shareholders 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 by 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.
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 remedies under this Agreement fail of their essential purpose, you expressly agree that under no circumstances shall our 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 12-month period preceding the date such claim first arose.
Other Services: We may make certain other resources, such as Web services, e-mail services, and UseNet news services available as features of our Service. If you use these resources, you shall indemnify and hold harmless MWI 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 Web pages, e-mail, or UseNet news postings 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.
Privacy and Law Enforcement. MWI will not trade, sell, or disclose to any third party any form of your specifically identifiable information without your consent (except as required by subpoena, search warrant or other legal process or in the case where failure to disclose information will lead to imminent harm to you or others). This includes information derived form registration, subscription, and use of the service. We may collect and use your specifically identifiable information for billing, provision of service, to solve problems associated with service, and to inform you of new products or services that will better meet your needs. We will use this information to market products and services to you, but will not disclose or make available any specifically identifiable information to any third parties seeking to market products. If you choose not to participate in direct marketing new products and services from us, that information will not be used for the purpose of marketing new products. We will cooperate with law enforcement officials in the pursuit of information or access to data when presented with appropriate authorization from a court having jurisdiction over the subject matter. You release and hold MWI harmless for any disclosure of information, including personally identifiable information, e-mail, confidential information or contact information, to such law enforcement officials. We will cooperate with requests for information accompanying subpoenas or similar court orders for disclosure of information in civil cases. You release and hold MWI harmless for any disclosure of information, including personally identifiable information, e-mail, confidential information or contact information, in response to such subpoenas or court orders.
Governing Law and Venue. The laws of the State of Indiana shall govern the terms of this Agreement. The parties hereto stipulate and agree that the exclusive venue for the resolution of all disputes convening this Agreement shall be in Henry County, Indiana.
Arbitration and Attorneys Fees. You agree that any controversy or claim arising between us out of or relating to this Agreement shall be settled exclusively by arbitration. Such arbitration shall be conducted in accordance with the commercial arbitration rules then in force of the American Arbitration Association. The arbitration award shall be final and binding on both parties. Judgment upon such arbitration award may be entered in any court having jurisdiction. You and MWI agree that should either party bring action for enforcement, interpretation or otherwise under this Agreement the prevailing party in such action shall be entitled to its attorney’s fees and costs including those incurred in any appeal. 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 imparied thereby. 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 risen.
Contract Term Renewal. Following the initial contract term, this contract will automatically renew monthly unless cancelled by either party five business days prior to the end of the billing cycle. We reserve the right to change subscription rates at any time, and this contract will be subject to the rates in effect at the time of renewal.
Entire Agreement. This Agreement constitutes the entire agreement between the parties and no other respresentations or statements will be binding up on the parties. If any part of this agreement is held to be invalid or unenforceable for any reason, the remaining terms and conditions of this Agreement shall remain in full force and effect.
Questions. If you have questions about this document, contact us via one of the methods described on our website.