TERMS OF SERVICE
This document was last modified on July 24,
2006.
The following are the terms and conditions for use of Northwest
Communications services. Please read them carefully. Our Service
is offered to you with the condition that you accept without
modification the terms and conditions contained herein. Northwest
Communications may change these Terms of Service at any time,
with or without notice. Accordingly, you should return to
this Website often to check for changes to the Terms of Services.
You understand that by using the Service after a change becomes
effective, you have agreed to it. By purchasing Services from
Northwest Communications, you are indicating your agreement
to be bound by all of the terms and conditions set forth in
this document.
THESE TERMS AND CONDITIONS STATE IMPORTANT REQUIREMENTS REGARDING
YOUR USE OF NORTHWEST COMMUNICATIONS COMPUTER SUPPORT SERVICE
AND YOUR RELATIONSHIP WITH NORTHWEST COMMUNICATIONS. YOU SHOULD
READ THEM CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING
YOUR RIGHTS AND OURS.
1.GENERAL
These Terms of Service (the "Agreement") are entered
into by and between you, the customer (personally and/or on
behalf of your employer, as applicable) ("you", "your" or "Subscriber")
and Northwest Communications Computer Help, Inc. ("Northwest
Communications", "us" or "we"). You
are deemed to have accepted this Agreement upon the earlier
of: (a) your submission of an online or telephone request for
service; (b) your accepting the Terms of Service electronically
during registration or in the course of initiating a support
session whether online, by telephone or on-site (see Paragraph
4); or (c) your use of the Service (see Paragraph 2). This Agreement
is made up of the terms below, all attachments to this Agreement,
and the other policies and materials specifically referred to
in these Terms of Service, all of which are incorporated herein
by reference. The Agreement and related policies are also set
forth on the Northwest Communications website (http://www.ncn.net).
The Agreement sets forth the terms and conditions under which
you agree to use the Service, and under which Northwest Communications
agrees to provide the Service to you. You may also receive a
paper copy of this Agreement either by telephoning Northwest
Communications at 800-249-5251 or by writing to us at Northwest
Communications Computer Help, 844 Wood St, Havelock, IA 50546-0186,
Attention: Customer Service.
2.DEFINITION OF SERVICE
For purposes of this Agreement, the term "Service" shall
mean the Northwest Communications Computer Help service, including
all technical support, usenet newsgroups, email and other features,
products and services provided by Northwest Communications under
the service option that you have selected. The Service may be
referred to as, "Remote Computer Support", "Virtual
On-Site Computer Support Service", "On-Site Computer
Support Service", "Online Computer Support", "Drop-Off
Computer Support" or "Northwest Communications Computer
Help". As part of the Service, Northwest Communications
may license to you, or assist you in licensing from third parties,
software (see Section 6 below).
3.AUTHORIZED USER, USE, AND RESPONSIBILITIES
3.1 You represent that: (i) you are 18 years of age or older
and you have the legal capacity and authority to bind yourself
and your employer, as applicable, to this Agreement; (ii) you
consent on behalf of yourself and/or as an authorized representative
of your employer, as applicable, to be bound by this Agreement;
and (iii) the information you supply to us is correct and complete.
You understand that Northwest Communications relies on the information
you supply and that providing false or incorrect information
may result in Service withholding or delays or the suspension
or termination of your customer account. You agree to promptly
notify Northwest Communications whenever your personal or billing
information changes (including for example, your name, address,
telephone number, and credit card number and expiration date).
3.2 You agree that you are responsible for all use on your account,
including any secondary accounts or sub-accounts registered
to your primary account. You understand this means that you
accept full liability and responsibility for the actions of
anyone who uses the Service via your account, or any secondary
accounts, with or without your permission.
3.3 If you select a service plan, not including subscription
plans, that includes a pre-determined allocation of Services
(for example, pre-purchasing 5 hours of Remote Computer Support
Service), unused allotment of Services will remain in your customer
account until used. If you select a subscription service plan
that includes a pre-determined allocation of Services (for example,
purchasing a $24.95 per month Individual Subscription Plan),
minutes will accumulate on a monthly basis and roll-over from
month to month if unused, but will expire at the end of the
12 month subscription period. You may use your account for up
to four log-on sessions per appointment at any time. You may
use more than one IP address for each log-on session.
3.4 If you pre-purchase or subscribe to any Northwest Communications
Services: You may not resell the Service, use it for high volume
purposes, or engage in other similar activities, or use it as
a virtual support center, as determined solely by Northwest
Communications.
3.5 Northwest Communications may require you to install certain
software to assist Northwest Communications in the provision
of the Services. Northwest Communications reserves the right
to terminate this Agreement if you (i) do not agree to install
the software on your PC; or (ii) alter, modify or disable the
software, or its settings or configurations.
4.PRIVACY POLICY
Your privacy is important to Northwest Communications. Northwest
Communications will treat your personal information in accordance
with its current Acceptable Use Policy,
subject to change from time to time. You agree to the terms
of the Privacy Policy, which describes Northwest Communications'
use and disclosure of information about you, your account and
your use of the Service.
5.AVAILABILITY OF SERVICE
5.1 The Service you select may not be available at all times,
and may not be available in the format generally marketed, and
some personal computers may not be able to receive the Service
even if initial testing showed that your connection was qualified
or your computer environment was suitable. For Remote Computer
Support, we will qualify your Internet connection for the minimum
line rate (speed) available for support based on our standard
line qualification procedures. Remote Computer Support requires
Internet access; it is your responsibility to ensure that you
have adequate connectivity to the Internet. All Services are
provided on an AS IS basis. Line rate, access and availability
of Service are not guaranteed.
5.2 Northwest Communications or its suppliers may, at any time,
without notice or liability, restrict the use of the Service
or limit its time of availability in order to perform maintenance
activities and to maintain session control.
5.3 If you are an existing client Northwest Communications will
use commercially reasonable efforts to schedule a mutually convenient
service session within a reasonable period of time. However,
you hereby acknowledge that circumstances outside of Northwest
Communications' control (e.g., a large scale outbreak of a new
computer virus) may cause significant delays in Northwest Communications'
ability to schedule a service session. You hereby release Northwest
Communications from any and all liability, and agree that Northwest
Communications shall not be liable to you or any third party
for any direct or indirect damages, resulting from such delays.
6.SOFTWARE LICENSES AND THIRD PARTY SERVICES
6.1 In connection with our Service, we may provide to you, via
download, CD, other media, or other delivery method the use
of certain software which is owned by Northwest Communications
or its third party licensors, providers and suppliers, and which
may be provided free or for a fee, including client and/or network
security software ("Software"). We reserve the right
to update or change the Software from time to time and you agree
to cooperate in performing such steps as may be necessary to
install any updates or upgrades to the Software. You may use
the Software only as part of or for use with the Service and
for no other purpose.
6.2 The Software may be accompanied by an end user license agreement
from Northwest Communications or a third party. Your use of
the Software is governed by the terms of that license agreement
and by this Agreement, where applicable. You may not install
or use any Software that is accompanied by or includes an end
user license agreement unless you first agree to the terms and
conditions of the end user license agreement.
6.3 With regard to any Software for which your acceptance of
a separate license agreement is not required ("Northwest
Communications Software"), you are hereby granted a revocable,
non-exclusive, non-transferable license by Northwest Communications
to use the Northwest Communications Software (and any corrections,
updates and upgrades). You may not make any copies of the Northwest
Communications Software. You agree that the Northwest Communications
Software is the confidential information of Northwest Communications
or its third party licensors, providers or suppliers, which
you shall not disclose to others or use except as expressly
permitted herein. The Northwest Communications Software contains
copyrighted material, trade secrets, patents, and proprietary
information owned by Northwest Communications or its third party
licensors, providers, or suppliers. You may not de-compile,
reverse engineer, disassemble, attempt to discover any source
code or underlying ideas or algorithms of the Northwest Communications
Software, or otherwise reduce the Northwest Communications Software
to a human readable form, modify, rent, lease, loan, use for
timesharing or service bureau purposes, reproduce, sublicense
or distribute copies of the Software, or otherwise transfer
the Northwest Communications Software to any third party. You
may not remove or alter any trademark, trade name, copyright
or other proprietary notices, legends, symbols, or labels appearing
on or in copies of the Software. You are not granted any title
or rights of ownership in the Northwest Communications Software.
You acknowledge that this license is not a sale of intellectual
property and that Northwest Communications or its third party
licensors, providers or suppliers continue to own all right,
title and interest, including but not limited to all copyright,
patent, trademark, trade secret, and moral rights, to the Northwest
Communications Software and related documentation, as well as
any corrections, updates and upgrades. The Software may be used
in the United States only, and any export of the Northwest Communications
Software is strictly prohibited.
6.4 Third Party Software: As part of the Services, Northwest
Communications may suggest that you acquire, install and use
certain third party software ("Third Party Software").
Third Party Software is licensed to you by the respective owners
or licensees of the Third Party Software. You must agree to
the terms and conditions set forth by such owners or licensees
before installing Third Party Software, whether Northwest Communications
assists you in the acquisition, installation, and/or use of
Third Party Software. Northwest Communications has no rights
to the Third Party Software and does not license Third Party
Software to you or make any representation or warranty regarding
the Third Party Software.
6.5 We provide technical assistance and support for the Software
and the Northwest Communications Software in accordance with
our policies. To the extent that we provide technical assistance
and support for Third Party Software or equipment, you must
ensure that you comply with the terms and conditions under which
you licensed such Third Party Software or purchased such equipment.
We make no warranty that we are an authorized service provider
for Third Party Software or for any equipment; it is your sole
responsibility to determine if you require additional rights
for us to provide such support, and if so, to acquire such rights.
You acknowledge that support of Third Party Software or equipment
by an unauthorized service provider may void any warranty made
by the supplier of such Third Party Software or equipment.
6.6 Your license to use the Software and the Northwest Communications
Software shall remain in full force and effect unless and until
terminated by Northwest Communications, its third party licensors,
providers or suppliers, or until your customer account is terminated.
Upon termination of your customer account for any reason, you
must cease all use of the Software and the Northwest Communications
Software and immediately delete the Software and the Northwest
Communications Software from your computer.
6.7 Other Third Party Agreements: As part of the Services, Northwest
Communications may suggest certain third party services to you.
If you choose to subscribe to or otherwise use any third party
services, your use of any such services is subject to the terms
of service of such third party service provider. You agree to
comply with such provider's terms of service and that the third
party provider is solely responsible for delivery of its service(s)
to you and your use of them. Third party services include, but
are not limited to technical support, portal, training, music,
gaming and storage services that Northwest Communications may
elect to make available from time to time. Violation of such
third party provider's terms of service may, in Northwest Communications’ sole
discretion, result in the termination of your customer account
and use of service.
7.TERM AND TERMINATION
7.1 Effective Date and Term. This Agreement goes into effect
upon your acceptance of this Agreement as set forth in Paragraph
1 and shall continue, subject to the terms of this Paragraph,
until terminated by either party as permitted by this Agreement.
Billing for your remote, on-site, drop-off or telephone computer
support service will apply on an 'as used' basis.
7.2 Termination and/or Suspension by Northwest Communications.
If, in the sole discretion of Northwest Communications: (a)
you are in breach of any of the terms of this Agreement (including
but not limited to all policies regarding abuse and acceptable
use of the Service) or any license for Third Party Software;
(b) your use of the Service is prohibited by law or is disruptive
to, adversely impacts or causes a malfunction to the Service,
Northwest Communications' network, or the use and enjoyment
of other users; (c) Northwest Communications receives an order
from a court to terminate your Service; (d) if Northwest Communications
for any reason ceases to offer the Service; (e) if you are no
longer a Northwest Communications customer, or (f.) Northwest
Communications determines that you are abusing the Service or
using the Service excessively then, Northwest Communications
at its sole election may terminate or suspend your Service immediately
without notice.
7.3 Terminated Account. Northwest Communications, in its sole
discretion, may refuse to accept your request for service, renewal
or re-subscription following a termination or suspension of
your use of the Service.
8.PRICING AND PAYMENT
8.1 Pricing and Fees. Northwest Communications fees and charges
for the Service(s) you select are supplied to you during the
ordering process and are available on the Northwest Communications
web site unless otherwise provided for in this Agreement. You
agree to pay the charges applicable to your selected Service
plan, as well as any, applicable taxes and other charges assessed,
including but not limited to activation fees, minimum service
fees, no-show fees, fail to cancel fees, termination fees, other
nonrecurring charges and set-up fees. You also agree to pay
any additional charges or fees applied to your billing account
for any reason, including but not limited to, interest, and
charges due to insufficient credit or insufficient funds. Set
up fees, activation fees, installation fees and other non-recurring
fees, if applicable, will be included in your first bill. Monthly
recurring charges (subscription plans) will be billed one month
in advance; usage charges will be billed in arrears, and pre-purchase
plans will be billed in advance, if applicable. Northwest Communications
or its agent will bill you directly, or charge your credit card,
as you request and as approved by Northwest Communications.
Northwest Communications does not accept debit cards for payment
of any charges or fees.
8.2 Discontinuation of Service for Nonpayment. Service to you
may be denied or discontinued without notice at any time in
the placement of Service charges on your credit card, or your
credit card provider denies or discontinues providing credit
to you for any reason, or you fail to make payment when due
or provide us with a new credit card expiration date before
the existing one expires.
8.3 Late Fees. If any portion of your bill is not paid by the
due date, Northwest Communications may charge you a late fee
on unpaid balances and may also terminate or suspend your Service
without notice. The late fee will be the lesser of five percent
(5%) per month, or the highest rate permitted by law. In the
event Northwest Communications utilizes a collection agency
or resorts to legal action to recover monies due, you agree
to reimburse us for all expenses incurred to recover such monies,
including attorneys' fees.
8.4 Local telephone, Toll and Long Distance Charges. You are
responsible for all telephone charges. Whether you are accessing
the Service from your home or away from your home.
8.5 You have the option to change your Service(s) at any time
by notifying us, provided that you qualify for and comply with
any requirements of the changed Service.
8.6 Missed Appointments. If you do not contact Northwest Communications
a minimum of two (2) hours prior to your appointment to cancel
or otherwise reschedule your appointment, you will be charged,
at Northwest Communications' option, a missed appointment fee
according to the following schedule: Physical On-Site Computer
Support: $45 missed appointment fee; Remote Computer Support:
$25 service fee that is converted into 15 minutes of remote
support and added to your account for future use.
8.7 Service Without Resolution. Northwest Communications will
make every reasonable attempt to troubleshoot, analyze, assess,
correct or otherwise fix your computer or network problem. If
Northwest Communications is unable to resolve your computer
problem, you will still be liable for charges for time spent
by Northwest Communications in an attempt to correct a problem.
8.8 Unable to Create Online Connection. Northwest Communications
will not charge you if Northwest Communications cannot connect
with your computer in attempt to provide remote computer support
service.
8.9 The waiver of any fees or charges lies solely at the discretion
of Northwest Communications.
8.10 Northwest Communications reserves the right to charge service
fees to a customer's credit card up to eight (8) weeks after
the conclusion of service.
9. LIMITATIONS ON USE OF THE SERVICE
9.1 You agree that your use of the Service and the Internet,
without limitation, is your sole responsibility, is solely at
your own risk, and you will comply with all applicable local,
state, national and international laws and regulations.
9.2 You agree that the Internet is not owned, operated or managed
by, or in any way affiliated with Northwest Communications and
Northwest Communications is not responsible and has no control
over the information, content or other materials, some of which
may be offensive, malicious or destructive in nature, which
may be accessed through use of the Service. You further agree
that Northwest Communications does not own or control all of
the various facilities and communications lines through which
service may be provided, nor does Northwest Communications guarantee
access to or through websites, servers or other facilities on
the Internet, whether or not such facilities are owned or controlled
by Northwest Communications.
9.3 You agree that Northwest Communications cannot and does
not guarantee or warrant that data available for downloading
through the Service will be free of defects, infection or viruses,
worms, Trojan horses or other code that manifest contaminating,
malicious or destructive properties. You are responsible for
implementing adequate procedures to satisfy your particular
requirements for accuracy of data input and output and for maintaining
a means external to the Service for the reconstruction of any
lost data.
9.4 You agree that the Internet is not a secure network and
that third parties may be able to intercept, access, use, or
corrupt the information you transmit or receive over the Internet.
Northwest Communications is not responsible for invalid destinations,
transmission errors, or corruption or security of your data.
9.5 You are not authorized to use any Northwest Communications
name or mark (including 'Plum Choice') as a hypertext link to
any Northwest Communications Web site or in any advertising,
publicity or in any other commercial manner without the prior
written consent of Northwest Communications. You understand
that your ability to link to a Web site through the Service
does not, in any way, represent or imply Northwest Communications'
approval of, or its determination of the quality of that product
or service, and that links are provided for your convenience
only. The links provided through the Service are maintained
by their respective organizations, which are solely responsible
for their content. Northwest Communications Affiliates may use
the Northwest Communications name and link to the Northwest
Communications web site solely in accordance with the terms
and conditions of the Northwest Communications Affiliate Program.
10. WARRANTIES AND LIMITATION OF LIABILITY
10.1 YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE SUPPLIED HEREUNDER
IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS,
WITH ALL FAULTS. EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH
IN THIS AGREEMENT AND AS OTHERWISE SPECIFICALLY SET FORTH IN
ANY MANUFACTURER WARRANTY FOR ANY EQUIPMENT OR SOFTWARE PROVIDED
BY NORTHWEST COMMUNICATIONS (BUT ONLY IF SUCH WARRANTY IS INCLUDED
WITH SUCH EQUIPMENT OR SOFTWARE), NORTHWEST COMMUNICATIONS (AND
ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AND AFFILIATES),
ITS THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS, INCLUDING
GLOBAL SERVICE PROVIDERS (GSPS), DISCLAIM ANY AND ALL WARRANTIES
FOR THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT
LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, NON-INTERFERENCE,
TITLE, COMPATIBILITY OF COMPUTER SYSTEMS, INTEGRATION, AND THOSE
ARISING FROM COURSE OF DEALING, COURSE OF TRADE, OR ARISING
UNDER STATUTE. NO ADVICE OR INFORMATION GIVEN BY NORTHWEST COMMUNICATIONS
OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. USE OF NORTHWEST
COMMUNICATIONS COMPUTER SUPPORT IS AT YOUR OWN RISK AND IS NOT
WARRANTED.
10.2 NORTHWEST COMMUNICATIONS DOES NOT WARRANT THAT THE SERVICE
PROVIDED BY NORTHWEST COMMUNICATIONS WILL PERFORM AT A PARTICULAR
SPEED, BANDWIDTH OR DATA THROUGHPUT RATE, OR WILL BE UNINTERRUPTED,
ERROR-FREE, SECURE, OR FREE OF VIRUSES, WORMS, OR THE LIKE.
NORTHWEST COMMUNICATIONS SHALL NOT BE LIABLE FOR LOSS OF YOUR
DATA, OR IF CHANGES IN OPERATION, PROCEDURES, OR SERVICES REQUIRE
MODIFICATION OR ALTERATION OF YOUR EQUIPMENT, RENDER THE SAME
OBSOLETE OR OTHERWISE AFFECT ITS PERFORMANCE. NORTHWEST COMMUNICATIONS
MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED USING
THE SERVICE OR THE INTERNET. NORTHWEST COMMUNICATIONS MAKES
NO WARRANTY REGARDING THE CONTENT AND INFORMATION ACCESSED BY
USING THE SERVICE OR ANY LINKS DISPLAYED. YOU EXPRESSLY ASSUME
ALL RISK AND RESPONSIBILITY FOR USE OF THE SERVICE AND THE INTERNET
GENERALLY. DO NOT USE THE SERVICE IN ANY HIGH RISK ACTIVITIES
WHERE DAMAGE OR INJURY TO PERSON, PROPERTY, ENVIRONMENT, OR
BUSINESS MAY RESULT IF AN ERROR OCCURS.
10.3 IN NO EVENT SHALL NORTHWEST COMMUNICATIONS (OR ITS OFFICERS,
EMPLOYEES, PARENT, SUBSIDIARIES, OR AFFILIATES), ITS THIRD PARTY
LICENSORS, PROVIDERS OR SUPPLIERS, INCLUDING GSPS, BE LIABLE
FOR: (A) ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL
DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOSS
OF REVENUE OR DAMAGE TO DATA ARISING OUT OF THE USE, PARTIAL
USE OR INABILITY TO USE THE SERVICE, REGARDLESS OF THE TYPE
OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, INCLUDING WITHOUT
LIMITATION, THOSE ARISING UNDER CONTRACT, TORT, NEGLIGENCE OR
STRICT LIABILITY, EVEN IF NORTHWEST COMMUNICATIONS HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES, OR (B)
ANY CLAIMS AGAINST YOU BY ANY OTHER PARTY.
10.4 ALL LIMITATIONS AND DISCLAIMERS STATED IN THIS PARAGRAPH
ALSO APPLY TO NORTHWEST COMMUNICATIONS'S THIRD PARTY LICENSORS,
PROVIDERS AND SUPPLIERS, INCLUDING GSPS, AS THIRD PARTY BENEFICIARIES
OF THIS AGREEMENT.
10.5 ANY RIGHTS OR LIMITS STATED HEREIN ARE THE MAXIMUM FOR
WHICH NORTHWEST COMMUNICATIONS (AND ITS OFFICERS, EMPLOYEES,
PARENT, SUBSIDIARIES, AND AFFILIATES), NORTHWEST COMMUNICATIONS
THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS, INCLUDING GSPS,
ARE COLLECTIVELY RESPONSIBLE.
10.6 THE REMEDIES EXPRESSLY SET FORTH IN THIS AGREEMENT ARE
YOUR SOLE AND EXCLUSIVE REMEDIES. YOU MAY HAVE ADDITIONAL RIGHTS
UNDER CERTAIN LAWS (SUCH AS CONSUMER LAWS), WHICH DO NOT ALLOW
OR LIMIT THE EXCLUSION OF IMPLIED WARRANTIES, OR THE EXCLUSION
OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU,
OUR EXCLUSIONS OR LIMITATIONS APPLY TO YOU TO THE MAXIMUM EXTENT
ALLOWED BY APPLICABLE LAW.
10.7 NORTHWEST COMMUNICATIONS RESERVES THE RIGHT TO PURSUE ANY
AND ALL LEGAL AND EQUITABLE CLAIMS AGAINST YOU PERTAINING TO
YOUR USE OR MISUSE OF THE SERVICE OR FOR YOUR BREACH OF THE
AGREEMENT (INCLUDING ANY POLICIES RELATING TO THE SERVICE.)
11. INDEMNIFICATION
You agree to defend, indemnify and hold harmless Northwest Communications
from and against all liabilities, costs and expenses, including
reasonable attorney's fees, related to or arising from: (a)
any violation of applicable laws, regulations or this Agreement
by you (or any parties who use your account, with or without
your permission, to access the Service); (b) the use of the
Service or the Internet or the placement or transmission of
any message, information, software or other materials on the
Internet by you (or any parties who use your account, with or
without your permission, to access the Service); (c) negligent
acts, errors, or omissions by you (or any parties who use your
account, with or without your permission, to access the Service);
(d) injuries to or death of any person and for damages to or
loss of any property, which may in any way arise out of or result
from or in connection with this Agreement, except to the extent
that such liabilities arise from the active negligence or willful
misconduct of the other party; or (e) claims for infringement
of any intellectual property rights arising from the use of
the Service, Software, or the Internet.
12. NOTICES
12.1 Notices required under this Agreement by you shall be provided
to the Northwest Communications Customer Service Department.
Notices by Northwest Communications to you shall be deemed given:
(a) when sent to your registered email address, or (b) when
deposited in the United States mail addressed to you at last-known
address or (c) when hand delivered to your home, as applicable.
Notice of changes to this Agreement and these Terms of Service
will be deemed given upon posting to the pages on the NCN Website.
12.2 With regard to electronic communications, you and Northwest
Communications further agree that: (a) the User ID and/or alias
of a sender, contained in an electronic communication ("email"),
is legally sufficient to verify the sender's identity and the
authenticity of the communication; (b) an email sent containing
your User ID and/or alias establishes you as its originator
and has the same effect as a document with your written signature
on it; and (c) an email or any computer printout of it, is a
valid proof of the validity of the original content of the electronic
communication.
13. GENERAL PROVISIONS
13.1 All obligations of the parties under this Agreement, which,
by their nature, would continue beyond the termination, cancellation
or expiration of this Agreement, including by way of illustration
and not limitation, those clauses relating to Software Licenses,
Warranties and Limitation of Liability, and Indemnification,
shall survive such termination, cancellation or expiration.
13.2 Northwest Communications will not be liable for delays,
damages or failures in performance due to causes beyond its
reasonable control, including, but not limited to, acts of a
governmental body, acts of God, acts of third parties, fires,
floods, strikes or other labor-related disputes, of other things
we do not control, or an inability to obtain necessary equipment
or services.
13.3 You agree not to assign or otherwise transfer, this Agreement
in whole or in part, including the Software or your rights or
obligations under it. Any attempt to do so shall be void. We
may assign all or any part of this Agreement without notice
and you agree to make all subsequent payments as directed.
13.4 You and Northwest Communications agree that the substantive
laws of the State of Iowa, without reference to its principles
of conflicts of laws, will be applied to govern, construe and
enforce all of the rights and duties of the parties arising
from or relating in any way to the subject matter of this Agreement.
YOU AND NORTHWEST COMMUNICATIONS CONSENT TO THE EXCLUSIVE PERSONAL
JURISDICTION OF AND VENUE IN A COURT LOCATED IN POCAHONTAS COUNTY
FOR ANY SUITS OR CAUSES OF ACTION CONNECTED IN ANY WAY, DIRECTLY
OR INDIRECTLY, TO THE SUBJECT MATTER OF THIS AGREEMENT OR TO
THE SERVICE. Except as otherwise required by law, including
Iowa laws relating to consumer transactions, any cause of action
or claim you may have with respect to the Service must be commenced
within one (1) year after the claim or cause of action arises
or such claim or cause of action is barred.
13.5 Use, duplication or disclosure by any Government entity
is subject to restrictions set forth, as applicable, in subparagraphs
(a) through (d) of the Commercial Computer-Restricted Rights
clause at FAR 52.227-19, FAR 12.212, DFARS 227.7202, or in subparagraph
(c)(1)(ii) of the Rights in Technical Data and Computer Software
clause of DFARS 252.227-7013, and in similar clauses in the
NASA FAR Supplement. Contractor/manufacturer is Northwest Communications
or its licensors and suppliers. The use of Software and documentation
is further restricted in accordance with the terms of this Agreement.
13.6 In the event of a conflict between this Agreement and any
applicable tariff, the tariff shall prevail. We reserve the
right to modify the Service to reflect any change in any applicable
tariff or underlying network service or component affecting
the Service.
13.7 Northwest Communications' failure at any time to insist
upon strict compliance with any of the provisions of this Agreement
in any instance shall not be construed to be a waiver of such
terms in the future. If any provision of this Agreement is determined
to be invalid, illegal or unenforceable, the validity, legality,
and enforceability of the remaining provisions shall not in
any way be affected or impaired thereby, and the unenforceable
portion shall be construed as nearly as possible to reflect
the original intentions of the parties.
13.8 This Agreement, including all Attachments and all other
policies posted on the Website, which are fully incorporated
into this Agreement either by attachment or by reference, constitutes
the entire agreement between you and Northwest Communications
with respect to the subject matter hereto and supersedes any
and all prior or contemporaneous agreements whether written
or oral. Any changes by you to this Agreement, or any additional
or different terms in your purchase orders, acknowledgements
or other documents, written or electronic, are void.
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