MCDONALD COUNTY INTERNET SERVICE, INC.
Terms of Services Agreement
This Service Agreement (“Agreement”) is made between McDonald County Internet Services, Inc. (“MCIS”), P.O. Box 207 (704 Main Street), Pineville, Missouri 64856-0207 and the Applicant
This Agreement covers the terms on which we agree to provide and you agree to accept High-Speed Internet Service (the “Services”) from MCIS. In this Agreement, we use the words “we,” “us,” “our,” or “MCIS” to represent McDonald County Internet Services, Inc., and its affiliates, including McDonald County Telephone Company and McDonald County Multi-Media, and “you,” “your,” or “Customer” to represent you, the customer of MCIS. This Agreement supersedes and replaces the current Terms of Service Agreement between MCIS and Customer.
Timely Payment: Payment Terms.
Customer agrees to pay all charges for the Services within 20 days of the invoice date. Any amounts that remain unpaid after that date may be assessed a late payment charge. Customer acknowledges that partial payment of any invoice for combined services provided by MCIS, its affiliates, or third parties’ services billed by MCISare applied in the following order: telephone services charges, long distance charges, digital video television charges, and Internet/DSL charges. Any applicable federal, state, and local use, excise, sales, or privilege taxes or similar liabilities chargeable to or against MCIS as a result of the provision of MCIS’ Services hereunder to Customer shall be charged to and payable by Customer. In addition to any applicable late payment charges, MCIS reserves the right, under appropriate circumstances, to impose a charge of $25.00 or the maximum allowed by law, whichever is greater, for any check or other negotiable instrument tendered by you and returned unpaid by a financial institution for any reason. Returned checks that remain unpaid after notice to Customer and a reasonable period for response may be submitted to the authorities for action, which may include prosecution. You agree to pay any charges, including attorneys’ fees, incurred by MCIS for the collection of late payments or unpaid invoices. MCIS may demand payment by money order, cashier’s check, or similarly secure form of payment, at MCIS’ discretion.
Suspension and Disconnection.
The Services may be suspended to any account not paid in full by the 30th day following the invoice date. If any amounts due, including any late payment charges, remain unpaid on the 45th day following the invoice date, MCIS may disconnect the Services without any further notice, liability, or obligation. The Services will not be reconnected until all past-due amounts, including any applicable suspension fees and/or reconnection fees, are paid in full.
At its reasonable discretion, MCIS may require a suitable security deposit to be held by MCIS to secure the payment of all sums due hereunder as well as the performance of all other obligations you may have with MCIS, whether now existing or hereafter arising. All Customers that are not the homeowner of the premises where the Services are received will be required to pay a security deposit. At its sole discretion, MCIS may apply the deposit toward any past due amount owed MCIS by Customer at any time. MCIS agrees to return the deposit after Customer timely and fully pays twelve (12) consecutive monthly invoices for the Services. Timely payments are outlined above.
Customer consents to disclosure of account information to or from credit reporting agencies, credit bureaus, private credit reporting associations, or to or from other providers of telephone, long distance, video, or Internet services. All credit reports are extracted from Mid America Credit Services.
Service Commitment and Liquidation of Damages for Failure to Return Equipment.
You have contracted with MCIS to receive the Services on either a month-to-month basis or for a minimum term of one (1) year. If your contract is for a specific minimum term (your “Commitment”), the term of the Commitment begins with the first day the Services are activated. At the end of the Commitment, the Agreement shall be deemed automatically converted to a contract for the Services on a month-to-month basis at the then-prevailing month-to-month rate and otherwise on the terms and conditions then applicable, and shall thereafter continue until terminated by either party. If you receive the Services on a month-to-month basis, MCIS reserves the right to increase any and all rates up to five percent (5%)per year without notice.
Termination of Service, Liquidated Damages, and Penalties for Failure to Return Equipment.
If you have contracted for a Commitment of one (1) year, you have received certain benefits from MCIS in exchange for such Commitment. Customer understands and agrees that the damages MCIS will suffer if you terminate the Services prior to the expiration of your Commitment will be difficult, if not impossible, to determine. THEREFORE, IF YOU TERMINATE YOUR SERVICE BEFORE EXPIRATION OF THE COMMITMENT, YOU HEREBY AGREE TO PAY THE EARLY TERMINATION CHARGE EQUAL TO THE AMOUNT DUE FOR THE REMAINDER OF THE AS LIQUIDATED DAMAGES, AND NOT AS A PENALTY, TO COMPENSATE MCIS FOR ITS COSTS OF ACTIVATION OF YOUR SERVICES, INSTALLATION, AND/OR OTHER SERVICES WHICH WERE PROVIDED BY MCIS TO YOU AT NO CHARGE OR AT A REDUCED CHARGE IN EXCHANGE FOR YOUR COMMITMENT. If the contract period is on a month-to-month basis, the Services shall be terminated by notifying MCIS in writing. Such notification shall be effective on the date that the Services are terminated by the MCIS, usually no more than three (3) days after receipt of the written notification. The final bill will be prorated to reflect a partial month’s Services. Upon termination of the Services, the modem(s) and all service related equipment belonging to MCIS shall be returned to MCIS. In the event that all service related equipment has not been returned within fifteen (15) days of date the Services are terminated, a minimum charge of $50.00 for each modem shall be assessed. These charges are subject to change without notice. Upon written notice, MCIS may terminate the Services in the event of Customer’s or MCIS’s insolvency, receivership, voluntary or involuntary bankruptcy, assignment for the benefit of creditors, sale of assets, or the use of the Services furnished by MCIS for any unlawful purpose. The Services may be refused or discontinued, without notice and without liability to MCIS, in the event that: (1) the Services are used in such a manner that will adversely affect MCIS’ service to others or in a manner that is otherwise in violation of any rule or regulation; (2) any court of competent jurisdiction or any federal or state regulatory authority prohibits MCIS from furnishing the Services; (3) the Services are not available from programming providers; (4) the credit information regarding Customer that is provided MCIS is inaccurate; (5) MCIS becomes aware of facts indicating that Customer’s credit standing has deteriorated and Customer has refused to provide a deposit or an increased deposit at the request of MCIS; or (6) there exists any evidence of fraudulent use of the Services.
Access to Property; Ownership and Control of Equipment and Facilities; Use of the Services.
Equipment provided by MCIS remains the property of MCIS, its agents, or assigns. Although Customer does not own the equipment placed in their home, you are responsible for the care and maintenance of all equipment owned by MCIS. Normal wear and tear is expected, but equipment should remain in good condition. Customer agrees: (1) to return all service related equipment belonging to MCIS in good working condition; or (2) to pay the replacement cost of equipment damaged due to Customer negligence or misuse. MCIS’ employees and agents shall be allowed reasonable access to Customer’s premises to install, inspect, maintain, or disconnect the Services or equipment. You may not re-assign this Agreement and you agree to notify MCIS of any change of occupancy. Any unauthorized attachments to MCIS’ equipment, any tampering with MCIS’ equipment, or any unauthorized use of MCIS’ signal or the Services that may be in violation of local, state, and/or federal laws may result in the termination of your contract for the Services. Video programming provided by or through the Services cannot be edited, transmitted, distributed, reproduced, modified in any part, or copied into any media, except that the customer may, if permitted by the programming provider, download a single copy of a program onto a single computer, for personal use only, provided that: (1) the customer maintains intact any copyright or proprietary notices; (2) the customer makes no modifications in the programming,; and (3) the customer does not use the programming in a manner that suggests an association with the provider of the programming or any of its products, services, or brands. In addition, neither MCIS nor any of its programming providers shall be liable to the customer for any delays, inaccuracies, errors, or omissions in the content, transmission, or delivery of the Services or for any damages arising there from.
Rights and Obligations of Customer.
You shall not do any of the following or permit any third parties to do any of the following:
(a) restrict or inhibit any other user from using and enjoying the Services and/or Internet:
(b) post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or otherwise objectionable 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;
(c) post or transmit any information or software that contains a virus, worm, Trojan horses, or other harmful component;
(d) upload, post, publish, transmit, reproduce, distribute, or participate in the transfer or sale of, or in any way exploit any information, software or other material obtained through the Services for your own commercial purposes;
(e)upload, post, publish, transmit, reproduce, or distribute in any way, information software or other material obtained through the Services that is protected by copyright or other proprietary right or derivative works with respect thereto, without obtaining permission of the copyright owner or rights-holder;
(f) upload, post, publish, reproduce, transmit, or distribute in any way any component of the Services itself, or derivative works with respect thereto, as the Services are copyrighted as a collective work under U.S. copyright laws; or
(g) abuse or fraudulently or illegally use the Service in any way not specifically set forth above. Equipment or Software Not Provided by MCIS.
MCIS shall not be responsible for the installation, operation or maintenance of equipment or software not provided by MCIS, nor shall MCIS be responsible for the transmission or reception of information by equipment or software not provided by McDonald Co. Internet. You shall be responsible for the use and compatibility of equipment or software not provided by MCIS. In the event that you use equipment or software not provided by MCIS that impairs your use of the Services, you shall nonetheless be liable for payment for the Services. Upon notice from MCIS that the equipment or software not provided by MCIS is causing or is likely to cause hazard, interference, or service obstruction, you shall immediately eliminate the likelihood of hazard, interference, or service obstruction. MCIS shall not be responsible for any changes in the Services caused by equipment, software, or hardware not provided by MCIS that becomes obsolete, requires modification or alteration or otherwise affects performance of any equipment, software, or hardware whether or not provided by MCIS. MCIS reserves the right to allow or refuse to allow any customer provided equipment or software to be used to connect to the Services. You will cooperate with MCIS in setting the initial configuration for your interface with the Services.
Rights and Obligations of MCIS.
MCIS shall operate and maintain the Services. You shall be responsible for providing MCIS with accurate information. MCIS shall not be responsible for operating or maintaining software, equipment, and/or cabling that connect equipment not provided by MCIS to the Services. You understand that MCIS and its affiliates exercise no control whatsoever over the merchandise, information, and service offered or made available or accessible on the Internet. You further understand that MCIS has no obligation to monitor the Services. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE AND AUTHORIZED USERS’ USE OF THE SERVICES AND THE INTERNET. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER MCIS NOR ITS AFFILIATES MAKE ANY EXPRESS OR IMPLIED WARRANTIES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR NON-INFRINGEMENT OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO ANY MERCHANDISE, INFORMATION, OR SERVICE PROVIDED THROUGH THE SERVICES OR ANY TRANSACTIONS CONDUCTED ON THE INTERNET, AND NEITHER MCIS NOR ITS AFFILIATES SHALL BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH USE AND/OR TRANSACTION. NO ADVICE OR INFORMATION GIVEN BY MCIS, ITS AFFILIATES, ITS CONTRACTORS, OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE A WARRANTY.YOU UNDERSTAND FURTHER THAT THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO SOME PEOPLE. YOU AND YOUR AUTHORIZED USERS ACCESS SUCH MATERIALS AT YOUR OWN RISK. MCIS HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.NEITHER MCIS NOR ITS AFFILIATES WARRANTS THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE, OR OTHER MATERIAL ACCESSIBLE ON THE SERVICES IS FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS.IN NO EVENT SHALL MCIS, ITS AFFILIATES, OR IT’S CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM YOUR (OR YOUR AUTHORIZED USERS’) USE OF, OR INABILITY TO USE, THE SERVICES OR TO ACCESS THE INTERNET OR ANY PART THEREOF, OR YOUR AUTHORIZED USERS’) RELIANCE ON OR USE OF INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON OR THROUGH THE SERVICES OR THAT RESULT FROM MISTAKES, OMISSION, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE. MCIS’ LIABILITY HEREUNDER TO YOU SHALL IN NO EVENT EXCEED AN AMOUNT EQUAL TO THE MONTHLY RECURRING CHARGE PAID BY YOU IN ANY MONTH OR $50.00, WHICHEVER IS LESS. If you are dissatisfied with the Services or with any of the terms, conditions, rules, policies, guidelines, or practices of MCIS in operating the Services, your sole and exclusive remedy is to terminate this and discontinue using the Services.
Limitations and Conditions of Liability.
Except as otherwise provided herein, Customer hereby agrees that MCIS shall not be liable for the Services that may be temporarily interrupted, delayed, or otherwise limited due to: (1) transmission limitations caused by atmospheric and other conditions; or (2) equipment modifications, upgrades, relocations, failures, repairs, and/or similar activities. MCIS assumes no duty to provide uninterrupted service. MCIS shall have no liability, and no credits shall be given to Customer, for interruptions, delays, or failures in transmission arising out of any of the above referenced conditions, and MCIS shall not have any liability or responsibility to grant credits for interruptions, delays, or failure in transmission arising out of: (1) negligent or willful acts by any party; (2) the failure of equipment or service not provided through MCIS; or (3) acts of God, fire, riots, acts of government authorities, or other causes beyond the control of MCIS. Adult content is available to all Customers through the Services and MCIS does not generally pre-screen or control Adult Content. You are solely responsible for the content that you view or otherwise make available for viewing by others. MCIS shall have the right (but not the obligation), in its sole discretion, to pre-screen, refuse to transmit, or remove any content that is available via MCIS’ Services that MCIS reasonably believes is illegal, violates the Agreement, or exposes MCIS to any risk of claims, lawsuits, or liability. As the providers of the Services, we are only a conduit and are not liable for any content provided by MCIS’ upstream content providers. MCIS may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of MCIS, other end users, or the public.
This Agreement shall be governed by the laws of the State of Missouri.