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 includes same-day maintenance service.
1. Full Access means access via a wireless
connection to Subscriber (monthly services).
_____ 256Kb $49.95 _____ 1536Kb $199.95 *Premium
Service Level
_____ 512Kb $69.95 _____ 2048Kb $299.95 *Premium
Service Level
_____ 768Kb $99.95 _____ 3072Kb $399.95 *Premium
Service Level
_____ 1024Kb $149.95
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.
Through 10/31/05: Equipment provided by Genesis Wireless, as indicated on the Estimating Form,
will remain the property of Genesis Wireless. Genesis will retain title to and
ownership of stated Equipment at all times. You will agree not to sell or move
all or any part of the Equipment. Upon termination of the agreement for any
reason, you must permit Genesis to retrieve its Equipment in good working
order. Your failure to permit Genesis to retrieve the Equipment in good working
order upon request will result in a charge in the amount of $599, which you
acknowledge is a reasonable estimation of the replacement cost of the
Equipment; this replacement cost shall also apply if Equipment is lost, stolen,
unreturned, damaged, mortgaged, sold, transferred, leased in whole or in part
by you. Genesis maintains the right to replace and upgrade Equipment as
required for the delivery of services. You shall not remove, relocate or alter
the Equipment.
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 and data.
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
________initial here
Wireless Internet Service
Agreement
Page 2
(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.
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 _________, 2005. 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. At anytime Subscriber can upgrade plan.
13. All
charges are to be paid in full, within ten (10) days of mailing to:
Genesis Wireless, 205 SW 2nd 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. The Account Period under this Agreement is 24
months. 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.
An early termination fee of $100 will be charged to accounts terminating
services before 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
__________, 2005.
By Subscriber: On
behalf of Provider:
_____________________________________ _____________________________________
Customer
Signature Genesis Technology
Communication, LLC
d/b/a/ Genesis Wireless