These Dial-Up Internet Terms and Conditions, together with any applicable service agreement that Customer signed (collectively, the Internet Access Agreement) govern MHTC's provision and Customer's use of MHTC's Dial-Up Internet Services.
1.1. Customer means any person or entity that has completed and signed an application form or signed a service agreement for use of MHTC's Internet Services.
1.2. Internet Services or Services means all Internet related services provided by MHTC including, but not limited to, access to the Internet, domain hosting, anti-spam and anti-virus filtering, and any equipment and/or software provided by MHTC in order to connect to the Internet.
1.3. "Unlimited Internet Access" means there is no limit on the number of minutes for which an account may be used to access the Internet, except as provided in the Internet Access Agreement including Section
1.4. User means any person or entity that makes use of MHTC's Internet Services under Customer's login/username, regardless of whether said use was authorized.
2.1. MHTC shall provide and Customer shall accept Internet Services at the applicable rates and charges, subject to the terms and conditions of the Internet Access Agreement.
2.2. MHTC shall only provide Internet Services to Customer in the geographic areas currently served by MHTC.
2.3. Customer must be at least 18 years old to apply for Internet Services. By accepting MHTC's Internet Services, Customer represents that Customer meets this age requirement.
2.4. Customer and any persons authorized by Customer are the only individuals who are authorized to use the Internet Services or access the Internet through Customer's MHTC account. Only one such user may use the Internet Services or access the Internet through Customer's MHTC account at a time.
2.5. MHTC Net offers Customers Internet Service packages with varying amounts of Internet access. These packages provide either a fixed number of minutes of Internet access or Unlimited Internet Access. In any event, MHTC reserves the right to terminate any connection to the Internet if in MHTC's sole discretion termination of the connection is necessary to protect the integrity or normal operations of MHTC's network. Thereafter, Customer may reestablish a connection to the Internet.
3. Acceptable Use Policy
3.1. Customer shall not do any of the following or permit any User to do the following:
3.1.1. Use Internet Services in violation or contravention of any applicable law, regulation, order, or other governmental directive, including, but not limited to, the Telecommunications Act of 1996 and the U.S. export control laws and regulations.
3.1.2. Use Internet Services in violation or contravention of any underlying communications carrier's acceptable use policy.
3.1.3. Abuse or fraudulently obtain or use Internet Services in any way.
3.1.4. Restrict or inhibit any other user from using and enjoying MHTC Net's Internet Services and/or the Internet.
3.1.5. Post or transmit any unlawful, illegal, obscene, or pornographic 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.
3.1.6. Post or transmit any information or software which contains a virus, worm, cancelbot, or other harmful component.
3.1.7. Upload, post, publish, transmit, reproduce, distribute, or participate in the transfer or sale, or in any way exploit any information, software, or other material, obtained through the Internet which is protected by copyright, patent, trade secret and trademark rights or other proprietary rights or derivative works with respect thereto, without obtaining permission of the copyright owner or right holder.
3.1.8. Post a single article or advertisement to more than ten (10) Usenet or other newsgroups, fora, e-mail mailing lists or similar groups of lists.
3.1.9. Post to any Usenet or other newsgroup, fora, e-mail mailing list, or similar group, or list articles that are off-topic according to the charter or other public statement of the group list.
3.1.10. Send unsolicited mass mailings to more than twenty-five (25) e-mail users, if such unsolicited electronic mailings provoke complaints from the recipients.
3.1.10. Falsify or "spoof" user information provided to other users of the Internet.
3.1.12. Subject MHTC to liability of any kind.
3.2. MHTC reserves the right to immediately terminate Customer's account and Internet Services to Customer, without prior notice, if MHTC believes, in its sole discretion, that Customer or any User has violated this Acceptable Use Policy, regardless of Customer's or User's knowledge or intent of such violation.
3.3. MHTC reserves the right to immediately and without prior notice remove any material or information that MHTC believes, in its sole discretion, violates this Acceptable Use Policy, regardless of Customer's or User's knowledge or intent of such violation.
4. Obligations of Customer
4.1. Customer shall not permit any unauthorized persons to use the Internet Services or access the Internet through Customer's MHTC account.
4.2. Customer shall be solely responsible, at its own expense, for all equipment necessary to connect to the Internet. Customer shall be responsible for the use and compatibility of any such equipment with MHTC's Internet Services. MHTC shall not be responsible for the installation, operation or maintenance of any such equipment. If any equipment used by Customer to connect to the Internet impairs Customer's use of the Internet Services, Customer shall nonetheless be liable for all payments and obligations including, but not limited to, the monthly fee for Internet Services.
4.3. Customer shall be solely responsible, at its own expense, for all software necessary to connect to the Internet. Customer shall be responsible for the use and compatibility of any such software with MHTC's Internet Services, even where the software is provided to Customer by MHTC. If any software, including software provided by MHTC, used by Customer to connect to the Internet impairs Customer's use of the Internet Services, Customer shall nonetheless be liable for all payments and obligations including, but not limited to, the monthly fee for Internet Services.
4.4. Customer is solely responsible for any local or long distance telephone charges incurred in connecting to MHTC for access to the Internet.
4.5. Customer is solely responsible for any charges incurred while using the Internet (e.g., for using on-line information services and shopping on-line).
4.6. Customer agrees that MHTC's primary communication with the Customer for Internet Services and updates or modifications to the Internet Access Agreement and other MHTC policies will be given via the MHTC home page (www.mhtc.net) and/or the Customer's e-mail address. Customer is encouraged to periodically view the MHTC Net home page and their MHTC e-mail account on AT LEAST a monthly basis. MHTC is responsible for posting updates and changes to the Internet Access Agreement on these mediums. Customer is responsible for reading such information. If Customer does not agree to be bound by updates to the Internet Access Agreement, Customer should proceed directly to Section 7 of these Dial-Up Internet Terms and Conditions, Termination of Internet Services, and follow the appropriate directions to terminate the Internet Access Agreement and cease using MHTC's Internet Services
4.7. Customer agrees to notify MHTC within ten (10) days of any change of Customers address.
5. Software Acceptance Terms Customer's use of any software provided by MHTC shall constitute Customer's acceptance of and agreement to the following terms and conditions of such use.
5.1. The provisions of these Dial-Up Internet Terms and Conditions, including without limitation: Section 12, No Warranties; Section 13, Limitation of Liability; Section 14, Indemnification; and Section 15, Resale of Internet Services, apply to Customer's use of any software provided by MHTC to Customer to connect to the Internet.
5.2. Customer has no obligation to accept and install any software furnished by MHTC; however, by accepting and installing the software furnished by MHTC, Customer agrees to abide by any terms and/or conditions for use imposed by the software manufacturer.
5.3. MHTC will not install or maintain software provided to Customer. MHTC will provide telephone support to Customers who need assistance with installing software provided by MHTC.
5.4. Customer is solely responsible for paying all charges pertaining to or resulting from the installation and use of the software distributed by MHTC. Charges include, but are not limited to, maintenance, installation and support service fees charged by third parties.
6. Fees and Billing
6.1. Customer shall be responsible for payment of charges for all Internet Services furnished by MHTC, including any federal, state or local tax, fee, surcharge or other tax-like charge (e.g., sales and use taxes) required or permitted by law. Charges shall be based on prices in effect at the time Internet Services are furnished. Current prices for Internet Services may be obtained by calling (608)437-6850, (608)930-9985, or (800)843-5827, or by e-mailing
6.2. Customer's liability for Internet Services shall commence on the date Internet Services are provided to the Customer and will continue until Internet Services are terminated in accordance with Section 7 of these Dial-Up Internet Terms and Conditions. Customer shall pay MHTC, in advance, the monthly fee (i.e., base rate) applicable for Internet Services to be provided each month. Customer shall pay MHTC Net a prorated amount of the monthly fee for Internet Services provided in the initial month of the Internet Access Agreement, where one day of service equals one-thirtieth (1/30th) of said monthly fee. Any accrued overtime charges will be billed in arrears.
6.3. Monthly payments are due on the tenth (10th) of each month. If Customer does not pay an outstanding balance by the due date, Customer's account will be considered to be in default and the Internet Services provided to Customer will be suspended upon five (5) days notice. If an account is suspended for non-payment, Customer must continue to pay the monthly fee for Internet Services.
6.4. Once an account has been suspended, it is the Customer's responsibility to contact MHTC's billing department at (608)437-6850 or (800)843-5827 to make the necessary payment arrangements and to re-activate Internet Services. Customer will be subject to a ten dollar ($10.00) service charge to re-activate Internet Services.
6.5. If any instrument received in payment is returned to MHTC unpaid, Customer's account will be considered to be in default, and in addition to the amount due, Customer will be subject to a twenty dollar ($25.00) service charge.
6.16. If Customer's account is in default, Customer is subject to an interest charge of 1.5% per month, or the maximum allowable rate under state law, whichever is less, on any past-due balances.
6.7. If Customer defaults on an account, Customer agrees to pay, to the extent permitted by law, MHTC's reasonable costs of collection, including, without limitation, any attorneys' fees that may have been incurred.
6.8. After thirty (30) days of having an account suspended for non-payment, MHTC may disconnect Customer's account and terminate Internet Services. If Customer wishes to re-establish Internet Services, Customer will be required to do the following prior to receiving Internet Services: submit a new application with the then applicable application fee, and pay any outstanding charges including, but not limited to, any expenses incurred in attempting to collect unpaid fees, late charges and interest, to the extent permitted by law.
6.9. Unless Customer gives written notice to MHTC of a good faith billing dispute within sixty (60) days after payment of the disputed amount is due, Customer waives any right to challenge the disputed amount and releases MHTC from all liabilities and claims resulting from any such billing dispute.
7. Termination of Internet Services
7.1. Termination of Internet Services, whether by Customer or MHTC, shall be in accordance with this Section 7 of these Dial-Up Internet Terms and Conditions, unless Customer has signed a service agreement, in which case the terms of that service agreement regarding termination shall control.
7.2. Termination by Customer.
7.2.1. Subject to Section 7.1 above, Customer may terminate the Internet Access Agreement and Internet Services provided pursuant thereto at any time, with or without cause, upon written notice to MHTC or by calling (608) 437-6850, (608) 930-9985 or (800) 843-5827. Charges to Customer's account will continue to accrue until notice has been given to MHTC.
7.2.2. If Customer provides MHTC with notice of termination before the fifteenth (15th) of the month, Customer shall be entitled to a refund for one-half of the monthly fee Customer paid in advance, subject to offset of any outstanding amounts owed. If Customer provides MHTC with notice of termination after the fifteenth (15th) of the month, Customer shall not be entitled to a refund of any monthly fee Customer paid in advance.
7.3.Termination by MHTC.
7.3.1. Subject to Section 7.1 above, MHTC may terminate the Internet Access Agreement and Internet Services provided pursuant thereto for cause, immediately and without prior notice, if: (i) thirty (30) days after an account is suspended for non-payment, where Customer remains in default; (ii) MHTC believes, in its sole discretion, that Customer or User has violated the Acceptable Use Policy (Section 3 above); (iii) Customer or User commits a breach of any other terms and conditions of the Internet Access Agreement and said breach is not cured within ten (10) days after MHTC provides customer with notice of such breach; (iv) in response to a court or government demand; or (v) if MHTC determines, in its sole discretion, that the integrity or normal operations of MHTC's network is at imminent risk.
7.3.2. MHTC may terminate the Internet Access Agreement and Internet Services provided pursuant thereto without cause upon ten (10) days prior notice.
7.3.3. Charges to Customer will continue to accrue until the date of termination.
7.3.4. If terminated without cause, Customer will be issued a refund for the prorated portion of the monthly fee Customer paid in advance, for the portion of the month after the date of termination, subject to offset of any outstanding amounts owed.
7.4. Upon termination of the Internet Access Agreement, all rights granted to Customer shall immediately cease and terminate.
7.5. Termination of the Internet Access Agreement does not release Customer from the obligation to pay all accrued charges under the Internet Access Agreement.
8. Change in Rates, Terms and Conditions
To the extent permitted by law, MHTC reserves the right to change, in its sole discretion, the rates, terms and conditions applicable to its Internet Services (i.e. the Internet Access Agreement) including, but not limited to, any features of such Internet Services. Any change shall be effective thirty (30) days after providing written notice to Customer. Customer's use of MHTC's Internet Services after the effective date of any change shall constitute Customer's acceptance of and agreement to such change. If Customer does not agree to be bound by such changes, Customer should proceed directly to Section 7 of these Dial-Up Terms and Conditions, Termination of Internet Services, and follow the appropriate directions to terminate the Internet Access Agreement and cease using MHTC's Internet Services.
9. Vacation Status
9.1. Customer may temporarily suspend (i.e., place on Vacation Status) Internet Services for a period of up to six (6) months. While on Vacation Status, Customer shall not be required to pay the regular monthly fee for Internet Services. Customer shall be charges a non-refundable fee of $5.00, for any month or part thereof, while Customer is on Vacation Status.
9.2. While on Vacation Status, Customer will not be able to use MHTC Net's Internet Services. Customer account(s) will remain intact and incoming e-mail messages will be saved and delivered when the Internet Services are reactivated.
9.3. Internet Services that have been on Vacation Status for more than 180 days will be automatically reactivated on the 181st day after the Vacation Status commenced.
9.4. Upon re-activation, either on the date requested by Customer or the 181st day after the Vacation Status commenced, whichever is earlier, Customer will be responsible for payment of charges for all Internet Services based on the price Customer was charged for Internet Services prior to being placed on Vacation Status.
9.5. To elect Vacation Status or re-activate Internet Services that have been placed on Vacation Status, Customer may call MHTC at (608) 437-6850, (608) 930-9985 or (800) 843-5827.
10. Login/Usernames and E-mail Addresses
10.1. Any means of identification assigned to Customer by MHTC including, but not limited to, login/usernames and e-mail addresses, will remain the property of MHTC and at MHTC's sole discretion may be altered or replaced at any time. Customer has no right to continued use of the login/username or e-mail address.
10.2. Upon termination of Internet Services, Customer's login/username and e-mail address will be disabled for a period of one-hundred eighty (180) days, at which time the login/username and e-mail address will be eligible for reassignment.
10.2.1. If Internet Services are terminated by Customer or by MHTC without cause, MHTC will, upon request, forward e-mail to a destination of Customer's choice for a period of thirty (30) days at no charge. Thereafter, MHTC will refuse to accept or forward incoming e-mail messages.
10.2.2. If Internet Services are terminated by MHTC for cause, MHTC Net will not provide e-mail forwarding, and will either refuse to accept incoming e-mail messages or delete any incoming e-mail messages.
11. E-mail Message Retention Policy
MHTC will store 1GB of read and unread email on an active account. If after 180 days a customer's mailbox has not been accessed via POP3, IMAP or Webmail the box will then be deemed an "Abandoned Account". Abandoned accounts will only retain email from the previous 30 days, all other email may automatically be deleted.
12. NO WARRANTIES
12.1. CUSTOMER ASSUMES FULL RESPONSIBILITY AND RISK FOR ITS' OWN OR ANY USER'S USE OF MHTC'S INTERNET SERVICES AND THE INTERNET.
12.2. MHTC'S INTERNET SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. MHTC MAKES NO WARRANTIES OR GUARANTEES AS TO THE CONTINUOUS AVAILABILITY OF THE INTERNET SERVICES, ANY SPECIFIC FEATURE OF THE INTERNET SERVICES, OR THAT INTERNET SERVICES WILL BE UNINTERRUPTED OR ERROR FREE.
12.3. MHTC MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIMS ANY WARRANTY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR ANY WARRANTY ARISING BY USAGE OR TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE WITH RESPECT TO ITS INTERNET SERVICES. THIS DISCLAIMER SHALL APPLY TO ALL ADVICE, ASSISTANCE, DATA, INFORMATION, OR SERVICES, NOW OR SUBSEQUENTLY FURNISHED, DELIVERED OR MADE AVAILABLE BY MHTC, ITS AFFILIATES, CONTRACTORS, EMPLOYEES OR AGENTS. NO ADVICE OR INFORMATION GIVEN BY MHTC, ITS AFFILIATES, CONTRACTORS, EMPLOYEES OR AGENTS SHALL CREATE A WARRANTY.
13. LIMITATION OF LIABILITY
13.1. INTERNET SERVICES ARE SUBJECT TO OCCASIONAL TEMPORARY INTERRUPTIONS OR IRREGULARITIES, AND TRANSMISSION LIMITATIONS CAUSED BY ATMOSPHERIC, TOPOGRAPHICAL AND OTHER LIKE CONDITIONS. ADDITIONALLY, INTERNET SERVICES MAY BE TEMPORARILY REFUSED, LIMITED, INTERRUPTED OR CURTAILED DUE TO GOVERNMENT REGULATIONS OR ORDERS, SYSTEM CAPACITY LIMITATIONS, LIMITATIONS IMPOSED BY AN UNDERLYING COMMUNICATIONS CARRIER, OR BECAUSE OF EQUIPMENT MODIFICATIONS, UPGRADES, REPAIRS OR REALLOCATION OR OTHER SIMILAR ACTIVITIES NECESSARY OR PROPER FOR THE OPERATION, REPAIR, MAINTENANCE OR IMPROVEMENT OF MHTC'S NETWORK. MHTC SHALL HAVE NO LIABILITY TO CUSTOMER FOR ANY DAMAGES OF WHATEVER TYPE OR NATURE WHICH MAY RESULT, EITHER DIRECTLY OR INDIRECTLY, FROM ANY SUCH TEMPORARY INTERRUPTIONS OF INTERNET SERVICES.
13.2. MHTC SHALL NOT BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE SUSTAINED BY CUSTOMER CAUSED BY THE ACT OR OMISSION TO ACT OF ANY THIRD PARTY OR ANY ACT OR OMISSION TO ACT WHICH IS BEYOND MHTC'S CONTROL.
13.3. IN NO EVENT WILL MHTC BE LIABLE TO CUSTOMER FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, RELIANCE, SPECIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES, FOR LOSS OF GOOD WILL, WORK-STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE OF OR INABILITY TO USE MHTC'S INTERNET SERVICES, EVEN IF MHTC OR ITS AUTHORIZED REPRESENTATIVE(S) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13.4. CUSTOMER ACKNOWLEDGES THAT INTERNET SYSTEMS USE PUBLIC ACCESS FACILITIES TO TRANSMIT VOICE AND DATA COMMUNICATIONS AND THAT THE INTERNET SERVICES MAY NOT BE COMPLETELY PRIVATE. MHTC IS NOT LIABLE TO CUSTOMER FOR ANY CLAIMS, LOSS, DAMAGES OR COST WHICH MAY RESULT FROM LACK OF PRIVACY WHILE ACCESSING THE INTERNET VIA MHTC'S INTERNET SERVICES.
13.5. MHTC EXERCISES NO CONTROL WHATSOEVER OVER THE FORM, CONTENT OR NATURE OF THE INFORMATION, SOFTWARE, GRAPHICS, PHOTOGRAPHS, VIDEO, SPEECH, SOUNDS, MUSIC, AND OTHER MATERIAL AND SERVICES COMMUNICATED THROUGH THE INTERNET (HEREINAFTER COLLECTIVELY REFERRED TO AS DATA).
13.5.1. MHTC MAKES NO REPRESENTATIONS, WARRANTIES, OR PROMISES AS TO, AND CUSTOMER MUST BEAR THE RISK OF RELYING ON, THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY DATA. EXCEPT AS PART OF ANY ANTI-SPAM AND ANTI-VIRUS FILTERING SERVICE, MHTC DOES NOT SCREEN OR FILTER ANY DATA. MHTC NET HAS NO OBLIGATION TO SCREEN, FILTER OR MONITOR DATA. ACCORDINGLY, MHTC SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY ACTION OR INACTION BY MHTC WITH RESPECT TO DATA.
13.5.2. MHTC RESERVES THE RIGHT (BUT SHALL HAVE NO OBLIGATION) TO MONITOR DATA AND TO REMOVE DATA THAT MHTC DEEMS UNACCEPTABLE, UNDESIRABLE, OR IN VIOLATION OF THE INTERNET ACCESS AGREEMENT INCLUDING, BUT NOT LIMITED TO, MHTC'S ACCEPTABLE USE POLICY. MHTC RESERVES THE RIGHT TO DISCLOSE ANY DATA AND TO IDENTIFY THE RESPONSIBLE CUSTOMER AS MAY BE REQUIRED BY LAW, OR TO OPERATE MHTC'S INTERNET SERVICE PROPERLY, OR TO PROTECT ITSELF OR ITS OTHER CUSTOMERS.
13.5.3. CUSTOMER ACKNOWLEDGES THAT INTERNET SYSTEMS MAY CARRY MATERIAL WHICH MAY BE CONSIDERED ABUSIVE, PROFANE OR SEXUALLY OFFENSIVE AND THAT MHTC IS NOT LIABLE TO CUSTOMER FOR ANY CLAIMS, LOSS, DAMAGES OR COST WHICH MAY RESULT FROM SUCH MATERIAL.
13.5.4. EXCEPT AS REQUIRED BY LAW, MHTC SHALL HAVE NO DUTY OR OBLIGATION TO ADVISE CUSTOMER OF ANY RISK THAT MAY ARISE FROM THE AVAILABILITY, USE, POSSESSION OR TRANSMISSION OF DATA OR PROVIDE ANY INFORMATION TO CUSTOMER RELATING THERETO, EVEN IF AT ANY TIME MHTC MAY ATTEMPT TO DO SO.
13.6. WITHOUT LIMITING THE EFFECT OF ANY OTHER PROVISION IN THIS SECTION 13, MHTC'S SOLE LIABILITY, IF ANY, FOR LOSS OR DAMAGE ARISING OUT OF THE MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, ERRORS OR DEFECTS IN THE INTERNET SERVICES OR TRANSMISSION OF INTERNET SERVICES PROVIDED BY MHTC OR ANY UNDERLYING COMMUNICATIONS CARRIER, OR FOR LOSSES OR DAMAGES ARISING OUT OF THE FAILURE OF MHTC OR ANY UNDERLYING COMMUNICATIONS CARRIER TO MAINTAIN PROPER STANDARDS OF MAINTENANCE AND OPERATION, OCCURRING IN THE COURSE OF FURNISHING INTERNET SERVICES AND NOT CAUSED BY THE NEGLIGENCE OR WILLFUL ACTS OR OMISSIONS OF THE CUSTOMER OR ANY USER, SHALL NOT EXCEED THE AMOUNT PAID BY CUSTOMER TO MHTC FOR SAID INTERNET SERVICES FOR THE MONTH DURING WHICH SUCH MISTAKE, OMISSION, INTERRUPTION, DELAY, ERROR OR DEFECT OCCURS.
13.7. EXCEPT AS PERMITTED UNDER SECTION 13.6, IF CUSTOMER IS DISSATISFIED WITH THE INTERNET SERVICES OR WITH ANY TERMS, CONDITIONS, RULES, POLICIES, GUIDELINES OR PRACTICES OF MHTC IN OPERATING THE INTERNET SERVICES, CUSTOMER'S SOLE AND EXCLUSIVE REMEDY IS TO TERMINATE THIS INTERNET ACCESS AGREEMENT PURSUANT TO SECTION 7 OF THESE DIAL-UP INTERNET TERMS AND CONDITIONS.
14.1. Customer shall at all times defend, indemnify and hold harmless MHTC, its officers, directors, employees, agents, vendors, contractors, underlying communications carriers, including upstream Internet Service/access providers, from and against any and all claims, liabilities, losses, judgments, costs, damages and expenses, including reasonable attorneys fees, related to or arising from the following:
14.1.1. Any violation of the Internet Access Agreement including, but not limited to, the Acceptable Use Policy, by Customer or User;
14.1.2. Customer's or User's use of MHTC's Internet Services or the Internet or the placement or transmission of any Data or other materials on the Internet, for any claim including, but not limited to, claims for liable, slander, invasion of privacy, infringement of any patent, trademark, copyright or trade secret, and invasion and/or alteration of private records or data;
14.1.3. Negligent or willful acts or omissions of Customer's or User's officers, directors, employees, agents, vendors, contractors in connection with or arising out of, among other things, the construction, installation, maintenance, presence, use, or removal of equipment or software, whether or not provided by MHTC, which are connected or to be connected to MHTC's Internet Services;
14.1.4. Negligent or willful acts or omissions of Customer's or User's officers, directors, employees, agents, vendors, contractors in connection with or arising out of, among other things, use of MHTC Net's Internet Services; and
14.1.5. Any claims for infringement of any third party proprietary right, including copyright, patent, trade secret and trade mark rights, arising from the use of MHTC's Internet Services and any services, equipment or software not provided by MHTC, or Customer's alteration of any equipment or software provided by MHTC.
14.2. MHTC shall promptly notify Customer of any claim or litigation to which this indemnity applies, and Customer shall assume the defense of any such claim or litigation. MHTC reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which MHTC is entitled to indemnification under the Internet Access Agreement.
15. Resale of Internet Services
Customer is prohibited from reselling any of the Internet Services provided by MHTC.
16. Copyright Violation Reporting Information
In compliance with the Digital Millennium Copyright Act of 1998, MHTC offers information for the reporting of a copyright violation on, or using, MHTC's Internet Services. MHTC's Copyright Violation Reporting Information is available at Copyright Violation Reporting.
Customer may not assign its rights or delegate any obligations under the Internet Access Agreement, in whole or in part, without the prior written consent of MHTC. MHTC may assign its rights and delegate its obligation under the Internet Access Agreement, in whole or in part, at any time, upon notice, but without consent of Customer.
18. Force Majeure
MHTC shall in no event be liable or responsible to Customer for any delay or failure in the performance of any part of the Internet Access Agreement to the extent such delay or failure is caused by fire; flood; explosion; war; strike; power blackout; earthquake; volcanic action; water; embargo; labor dispute; government requirement; civil or military authority; acts of God; public enemy; terrorist act; or inability to secure raw materials, products, labor permits, rights of way or transportation facilities; breakage or accident to equipment or facilities; temporary failure of equipment or facilities; freezing of equipment or facilities; acts or omissions of carriers or suppliers; acts or failure to act of any government authority; or any other cause beyond the reasonable control of MHTC or any underlying communications carrier, whether or not similar to the foregoing. MHTC shall endeavor to give Customer prompt notice of any such delay or failure.
19. Notice Except as otherwise provided herein, all notices hereunder shall be in writing, to the following addresses:
19.1. If to MHTC:
19.1.1. by personal delivery: 200 East Main Street Mount Horeb , WI 53572
19.1.2. by certified U.S. Mail, MHTC postage pre-paid, return P.O. Box 65 receipt requested: Mount Horeb , WI 53572
19.1.3. by e-mail:
19.2. If to Customer:
19.2.1. MHTC home page (www.mhtc.net);
19.2.2. Customer's e-mail address; or
19.2.3. The address identified on the Application Form signed by Customer by certified U.S. Mail, postage prepaid, return receipt requested.
19.3. Notice shall be deemed to have been given: on the date that the same is personally delivered; three (3) days after deposited in the U.S. Mail, postage pre-paid, certified mail, return receipt requested or the date of actual receipt, whichever is earlier; or on the same date sent via e-mail if sent before 5:00 p.m. (if the e-mail is not sent before 5:00 p.m., it shall be deemed to have been given on the next calendar day).
19.4. MHTC and Customer may change their addresses for purposes of notice by giving written notice to the other party of such change in the same manner as is provided above.
No waiver shall be implied by the failure of MHTC or Customer to insist on performance of any of the terms or conditions of the Internet Access Agreement or to exercise any right or privilege granted to such party. No express waiver by MHTC or Customer shall be construed as waiving any breach of the Internet Access Agreement or the performance of any of the terms or conditions not specified in the express waiver, and then only for the time and to the extent stated therein. One or more waivers of any covenants, term or condition shall not be construed as a waiver of a subsequent breach of the same covenant, term or condition.
If any provision of the Internet Access Agreement shall be held to be invalid under any applicable laws, such invalidity shall not affect any other provision of the Internet Access Agreement that can be given affect without the invalid provision, and to this end, the provisions hereof are severable.
22. Governing Law
The Internet Access Agreement, and the rights and obligations of the parties thereto, shall be governed by and construed in accordance with the laws of the State of Wisconsin .