WIRELESS INTERNET SERVICE AGREEMENT

 

            This Internet Wireless Service Agreement (“Agreement”) is made and entered into as of
the ____ day of _________ by and between ________________ (“Subscriber”) and Genesis Technology Communication LLC (“Provider”), doing business as Genesis Wireless, a Minnesota company.

Witnesseth:                                                                 

            Provider will provide Wireless Internet Access Service (“Internet”) to Subscriber, consisting of services and access to data communications equipment that provides “Full Access” to the global computer network known as the Internet via a wireless transmission signal.  This signal is sent to client equipment located on Subscriber’s premises, which has a street address of:
Street:             _____________________________  City: ________________, Minnesota.

“FULL ACCESS” is further defined by the terms of this Agreement, which will constitute the entire Agreement between Provider and the Subscriber.  *Premium Service Level guarantees same business day response in the event of failed hardware.

1.         Full Access means access via a wireless connection to Subscriber (monthly services).
_____  512Kb $29.95                        _____  768Kb $49.95                         
_____  1Mb    $69.95                         _____  1.5Mb $99.95                        
*Annual subscribers will receive speed boost

Subscriber’s access will be limited by routine maintenance, use of Internet by other subscribers, weather conditions, acts of God and other unforeseen consequences.  Further, access may be limited by conditions affecting the Internet at locations not owned or controlled by this Provider.

2.         Internet may only be used for lawful purposes.  Transmission of any material in violation of any U.S. or state, or local regulation is prohibited.  This includes, but is not limited to:  copyrighted material, material legally judged to be threatening or obscene, or material protected by trade secret.

3.         It is agreed by both parties that Provider has no ability to regulate any types of information, content, material or data (“content”) sent or transmitted by Subscriber, nor regulate any types of content Subscriber may view, receive or otherwise download.  Consequently, Subscriber agrees to indemnify and hold harmless Provider from any claims resulting from Subscriber’s use of the service that damages Subscriber or another party.  In part, this means Subscriber is responsible for the use of the Internet by all parties accessing the Internet through Subscriber, such as employees, agents, and non-employees and non-agents otherwise allowed access.

4.         The Subscriber agrees to indemnify Provider against liability for the actions of each person to whom it allows to use the services provided by this Agreement.  Any access to other networks connected to Provider must comply with the rules appropriate for that other network.  Use of the Internet itself may only be for any lawful purpose.

5.         Connectivity is provided for Subscriber only.  Resale or use of the connection by another user or organization is prohibited.  This includes, but is not limited to, providing website hosting services by Subscriber.

6.         Hardware: The Subscriber is responsible for providing all communications equipment and
software necessary to access the Internet.  Provider, at its discretion, may assist the Subscriber in obtaining the proper communications equipment and software. All Subscriber hardware purchased through Provider is guaranteed by manufacturer’s warranty; service call, labor fees, and replacement hardware charges will be billed accordingly.

7.         Installation: Genesis or its authorized contractor will install the Equipment at 
            subscriber’s premises for the charges indicated on the estimation form.
8.         Provider’s Internet services are for Subscriber’s use only.  Subscriber may have as many 

            terminals accessing the Internet, as Subscriber wants, as long as said terminals are  

            located on Subscriber’s premises.

9.         Internet Security: It is the sole responsibility of each Subscriber to protect their computer(s) data and network accessibility (such as file sharing).

Firewalls are a must to protecting your “always on” connection. Dial-up and other connections will automatically assign an IP each time you access the Internet. With an “always on” connection you will be assigned an IP, which makes it easier for an attacker to find you. Firewalls (software or hardware) protect your computer by reading incoming data. Software firewalls run off your operating system

(some available for free) allow you to give authorization to requests being made from outside sources.
Hardware firewalls are independent of computer operating systems and resources, are able to connect more than one computer at a time, and are generally more reliable.

 

 

                                                                                                                                                               ________initial here

 

 

 

Wireless Internet Service Agreement

Page 2

 

10.       Genesis Wireless reserves the right to change the rates and otherwise modify these Terms and Conditions at its discretion. Such changes will be posted to genesiswireless.com under “User Agreement”. 

11.       GENESIS WIRELESS MAKES NO WARRANTY EITHER EXPRESS OR IMPLIED REGARDING THE QUALITY OF THE INTERNET ACCESS SERVICE TO BE PROVIDED HEREUNDER, INCLUDING BUT NOT LIMITED TO, THE CONDITION, MERCHANTABILITY, FITNESS, ADAPTABILITY OR SUITABILITY FOR ANY PARTICULAR PURPOSE OF THE INTERNET ACCESS SERVICE.  THE INTERNET ACCESS SERVICE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS.  NEITHER GENESIS WIRELESS NOR ANYONE ELSE INVOLVED IN

CREATING, PRODUCING OR DELIVERING THE INTERNET ACCESS SERVICE SHALL BE CONSEQUENTIAL
DAMAGES ARISING OUT OF THE USE OF THE INTERNET ACCESS SERVICE OR INABILITY TO USE THE INTERNET ACCESS SERVICE.  THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NONDELIVERIES, YOUR OWN ERRORS OR OMISSIONS.  USE OF ANY INFORMATION OBTAINED VIA GENESIS WIRELESS IS AT YOUR OWN RISK.  GENESIS WIRELESS SPECIFICALLY DENIES ANY RESPONSIBILITY FOR THE ACCURACY OR QUALITY OF INFORMATION OBTAINED THROUGH ITS SERVICES.

12.       Internet shall cost Subscriber $______ per month.  Internet will begin to be provided on the ____ day of ___________, 2008. Initial price of antenna CPE (Customer Premise Equipment) will be $______, plus all applicable tax. The installation fee will be $______.  Subscriber chooses to accept payment plan of monthly or annually.

13.       All charges are to be paid in full, within ten (10) days of mailing to: 
Genesis Wireless, 205 SW 2^nd St., P. O. Box 362, Braham, Minnesota 55006.

14.       If any payment due hereunder is not made by the Subscriber within thirty (30) days after the invoice date, a late charge of one dollar or one and one-half percent (1-1/2%) of the outstanding balance, whichever is greater, per month shall be due and payable with respect to such payment.  Payments to Genesis Wireless are non-refundable.  No refunds will be given for canceled accounts unless the account is clearly defective and non-working. Cancellation of accounts can be made to the other party by phone, fax or postal mail and will terminate at the end of the Account Period.

15.       Provider may, in addition, and at its sole direction, and without notice to Subscriber (a) suspend its performance under this Agreement and Subscriber’s access to use of the Internet or (b) terminate this Agreement and Subscriber’s access to and use of Internet, in which case the remainder of this Agreement shall be deemed void.  Genesis Wireless reserves the right to change the rates and otherwise modify these Terms and Conditions by posting notice under the “User Agreement” portion of genesiswireless.com. It is the Subscriber’s responsibility to regularly familiarize themselves with Violation of the Terms of this Agreement by Subscriber may cause suspension or termination of Internet services by Genesis Wireless.

16.       The laws of the State of Minnesota will govern this Agreement.  Any claims or cause of action related to this Agreement must be instituted within one year after the claim or cause of action has arisen or be considered forever barred.  The invalidity of any portion of any provision of this instrument shall not affect the validity of the remainder of any such provisions or the remaining provisions of this Agreement.

17.       Any actions or claims arising under this Agreement shall be venued in Isanti County, Minnesota.

18.       Both parties are responsible for their own attorney’s fees and costs associated with the creation, negotiation and execution of this Agreement.  Each party shall be responsible to the other for any attorney’s fees and costs associated with enforcing that parties rights under this Lease, if successful in any court action or arbitration associated with enforcing said rights.

19.       Notices under this Agreement shall be given to: 

 

            Subscriber (printed name): _____________________   Provider: Genesis Wireless

 

Dated this ____ day of __________, 2008

 

By Subscriber:                                            On behalf of Provider:

 

_______________________________    _____________________________________

Customer Signature                                         Genesis Technology Communication, LLC
d/b/a/ Genesis Wireless