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Customer Service Agreement
PLEASE BE SURE TO READ THIS AGREEMENT CAREFULLY
BEFORE USING OUR SERVICE. YOUR USE OF OUR SERVICE CONSTITUTES
YOUR CONTINUED ACCEPTANCE OF OUR AGREEMENTS AND POLICIES.
1. Agreement. This is an Agreement between Northwest Communications ("Northwest") and you to provide filtering
service ("the Service"). By establishing an account
or using the service or equipment, you agree to be bound by this
Agreement and to use the Service in compliance with Northwest's
terms of use, which is available by going to www.ncn.net.
2. Term and Payment. The term of this agreement
is for one year and month-to-month thereafter. Northwest reserves
the right to change the price of the Service or the Service package
at any time with 30 days notice. Payment is due as specified on
the monthly invoice. Any failure to pay when due may result in
suspension or disconnection of service. A service fee of $10 will
be required to re-establish suspended service.
3. Disclaimer: THE SERVICES PROVIDED ARE PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS. NORTHWEST
DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE
OR FREE OF VIRUSES, OR OTHER HARMFUL COMPONENTS. NORTHWEST MAKES
NO EXPRESS WARRANTIES AND WAIVES ALL IMPLIED WARRANTIES INCLUDING,
BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY,
AND FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE,
INFORMATION OR SERVICE PROVIDED THROUGH NORTHWEST OR THE INTERNET
GENERALLY. NO ADVICE OR INFORMATION GIVEN BY NORTHWEST OR ITS
REPRESENTATIVES SHALL CREATE A WARRANTY. NORTHWEST AND ITS EMPLOYEES
ARE NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY
FROM YOUR USE OF THE SERVICES OR THE INTERNET INCLUDING ANY INDIRECT,
INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE OR CONSEQUENTIAL
DAMAGES.
NORTHWEST SHALL HAVE NO LIABILITY WHATSOEVER
FOR ANY CLAIMS, LOSSES, ACTIONS, DAMAGES, SUITS OR PROCEEDINGS
RESULTING FROM: OTHER USERS ACCESSING YOUR COMPUTER; SECURITY
BREACHES, EAVESDROPPOING; DENIAL OF SERVICE ATTACKS, INTERCEPTION
OF TRAFFIC SENT OR RECEIVED USING THE SERVICES; YOUR RELIANCE
ON OR THE USE OF THE EQUIPMENT OR SERVICES, OR THE MISTAKES, OMISSIONS,
INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION,
TRANSMISSIONS OR ANY FAILURE OF PERFORMANCE OF THE EQUIPMENT OR
SERVICES; THE USE OF THE EQUIPMENT OR SERVICES BY YOU OR A THIRD
PARTY THAT INFRINGES THE COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET,
CONFIDENTIALITY, PRIVACY, OR OTHER INDUSTRIAL OR INTELLECTUAL
PROPERTY RIGHTS, PROPRIETARY RIGHTS OR CONTRACTUAL RIGHTS OF ANY
THIRD PARTY; THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL
SERVICES, PRODUCTS AND OTHER INFORMATION, AND THE QUALITY AND
MERCHANTIBILITY OF ALL MERCHANDISE PROVIDED THROUGH THE SERVICE
OF THE INTERNET.
THE FOREGOING LIMITATIONS APPLY TO THE ACTS,
OMISSIONS, NEGLIGENCE AND GROSS NEGLIGENCE OF NORTHWEST, ITS BOARD
MEMBERS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR REPRESENTATIVES
WHICH, BUT FOR THESE PROVISIONS, WOULD GIVE RISE TO A CAUSE OF
ACTION AGAINST NORTHWEST IN CONTRACT, TORT, OR ANY OTHER LEGAL
DOCTRINE. YOUR SOLE AND EXCLUSIVE REMEDIES ARE AS EXPRESSLY SET
OUT IN THIS AGREEMENT. ANY WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS.
4. Terms of Use. Customer agrees to comply with
the terms governing use of the Northwest Communications' network
found on our website at www.ncn.net.
5. Email Size. Northwest Communications reserves
the right to limit the size of e-mail attachments to 3 MB.
6. Governing Law and Jurisdiction. This Agreement
is governed by and interpreted in accordance with the laws of
the State of Iowa and applicable federal laws. The courts of the
Judicial District of Pocahontas, Iowa, shall have exclusive jurisdiction
with respect to any proceeding in connection with this Agreement.
7. Cancellation. If you are dissatisfied with
the Service or any related terms, conditions, rules, policies,
guidelines, or practices, your sole remedy is to discontinue using
the Service, cancel your account and pay any cancellation fees
that apply. Either party may cancel this Agreement at any time.
The customer is obligated to pay for at least one-year of service,
regardless of the disconnect date, because the initial contract
period is one-year. If this Agreement is canceled by Northwest
in the first year of service for reasons other than a violation
of the terms of service or non-payment by the customer, the customer's
sole remedy is a pro-rated refund of any unused portion. Northwest
is not obligated to provide the customer any refund if this Agreement
is canceled for a violation of the terms of use or non-payment.
It is Northwest's sole and absolute discretion whether a customer
has violated the terms of use. Cancellation will be effective
at the end of the current billing period in which the notice of
cancellation is received.
8. Customer Responsible for Use of Internet and
Email. IT IS EXPRESSLY AGREED AND UNDERSTOOD THAT NORTHWEST IS
NOT RESPONSIBLE FOR THE INFORMATION WHICH MAY BE ACCESSED OR RECEIVED
THROUGH THE INTERNET AND EMAIL. NORTHWEST DOES NOT WARRANT THE
ACCURACY OR APPROPRIATENESS OF ANY INFORMATION. CUSTOMER AGREES
TO HOLD HARMLESS AND INDEMNIFY NORTHWEST FROM ANY AND ALL CLAIMS
WHICH MIGHT ARISE FROM THE CUSTOMER'S USE OF THE INTERNET AND
EMAIL INCLUDING REASONABLE ATTORNEYS' FEES AND THE COSTS ASSOCIATED
WITH ANY LEGAL ACTION.
9. Monitoring. Northwest has no obligation to
monitor the Service, but may do so and disclose information regarding
use of the Services for any reason if Northwest, in its sole discretion,
believes that it is reasonable to do so, including to: satisfy
laws, regulations, or governmental or legal requests; operate
the Service properly; or to protect itself and its subscribers.
Northwest may immediately remove your material or information
from its servers, in whole or in part, which Northwest, in its
sole discretion, determines to infringe another's property rights
or to violate our terms of use.
10. Service Quality and Speed. The Service varies
depending on location, line quality, inside wiring, Internet traffic
and other factors beyond the control of Northwest. Northwest provides
the Service on a "best effort" standard and does not
guarantee upload or download speeds.
11. Miscellaneous. This Agreement, the terms
of use and Northwest's other Agreements and policies posted on
Northwest's Web site constitute the entire agreement between you
and Northwest with respect to your use of the Service.
Northwest may revise, amend or modify the Agreements
at any time and in any manner. Notice of any revision, amendment,
or modification will be posted on Northwest's Web site (www.ncn.net)
and/or by email and/or our various publications and mailings to
you. Your use of our service constitutes your continued acceptance
of our Agreements and policies.
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