Ag Wireless :: Terms of Service

Terms of Service
Below are the terms of use for our high speed internet service. These terms may change at any time.
TERMS AND CONDITIONS
AND LIMITED WARRANTY

GOVERNING LAW AND VENUE.  This Agreement is governed by North Dakota law without regard to conflict of law provisions or rules.  Any controversy or claim arising out of or relating to this Agreement, or breach thereof, shall be venued in State District Court in Wahpeton, North Dakota.

WARRANTY.  Company will provide a limited warranty that the Motorola Canopy subscriber unit and antenna will be free from defects in material and workmanship for a period of 1 year after date of installation. After this period, equipment replacement becomes Customer’s responsibility.  THE EXCLUSIVE REMEDY OF THE BUYER IS LIMITED TO REPAIR OR REPLACEMENT OF THE PRODUCT.  THE COMPANY RESERVES THE RIGHT, IN ITS ABSOLUTE DISCRETION, WHETHER TO REPAIR OR REPLACE DEFECTIVE PRODUCTS.  

Company will provide no warranty on additional equipment purchased for installation. This includes, but is not limited to routers, wireless PC cards, Ethernet cards and other add-ons. Warranty on these components will be provided through the equipment manufacturer only

LIMITATIONS AND DISCLAIMERS.

1.	Company does not assert or claim that service will be available at all locations.  Where available, actual wireless speed and service varies depending on line quality, presence of obstructions, wiring, service location, environmental conditions, computer performance or configuration, Internet traffic or congestion and other factors beyond the control of Company.  Uninterrupted or error-free service is specifically not guaranteed.  Company does not guarantee upload or download speeds.

2.	Company is not responsible or liable for any of the following: (a) obstructions that might be erected or grown between the antenna at Customer’s location and Company’s broadcast tower which causes degradation or loss or service; (b) debris, ice or snow on the antenna at the Customer’s location; and (c) repair or restoration of any structure or surface altered or penetrated during the installation or removal of the antenna and related equipment at Customer’s location.

3.	Routine maintenance and periodic system repairs, upgrades and reconfigurations, public emergency or necessity, force majeure, restrictions imposed by law, acts of God, labor disputes and other situations, including mechanical or electronic breakdowns, may result in temporary impairment or interruption of service.  As a result, Company does not guarantee continuous or uninterrupted service and reserves the right, from time to time, to temporarily reduce or suspend service without notice.  Customer shall indemnify and hold Company and its directors, officers, managers, employees and agents harmless from any and all obligations, claims liabilities and fees incurred as a result of interruptions or omissions of service under this Agreement.

4.	Through the Connection, Company is providing Customer with access to the Internet.  Customer acknowledges that the Internet is a separate and independent network of computers which is not owned, operated or managed by Company or in any way affiliated with Company.  Customer’s use of the Internet shall be solely at Customer’s own risk and is subject to all applicable local, state, national, and international laws and regulations.  Access to the Internet is dependent on numerous factors, technologies, and systems, many of which are beyond Company’s authority and control.

5.	Customer may not host file sharing or other inbound public services over the Connection. This includes, but is not limited to HTTP server, FTP server, E-mail server, Peer-to-peer and other services. Use of these services will result in suspension or termination of the Connection, depending on severity of infraction.

6.	The Connection can only be used for lawful purposes.  The transmission of any material in violation of any local, state, national, or international law or regulation is prohibited.  This includes, but is not limited to, copyrighted material, material determined by Company to be threatening or obscene, material protected by trade secrets, or material that is otherwise deemed to be proprietary or judged by Company to be inappropriate or improper, such as transmitting bulk e-mail messages. Use of the Connection for unlawful, innapropriate or improper purposes may result in termination of service.

(Limitations and Disclaimers continued)

7.	Company shall not be responsible for any loss of data resulting from delays, non-deliveries, incorrect deliveries, or service interruption, however caused.  Use of any information obtained via the Connection shall be at Customer’s own risk. Company specifically disclaims any responsibility for the accuracy of quality of information obtained through the Connection.

Company shall not be responsible for any equipment damaged by any naturally occurring event such as lighting, flood, or other events out of Company’s control such as fire, power surges, or the acts of others. The services are provided on an “as is” and “as available” basis. Speeds are provided on a “best effort” basis by Company and therefore Company will offer no guarantee on speeds. Speeds may be affected by many things not under Company’s control, such as network congestion, service provider outages, and acts of God.  

Company does not warrant that the service will be uninterrupted, error-free or free from viruses, worms, or other harmful components.  

Except for the warranty stated in the section labeled WARRANTY, COMPANY MAKES NO EXPRESS WARRANTIES AND DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION OF SERVICE PROVIDED THROUGH THE COMPANY, MINN-KOTA COMMUNICATIONS OF THE INTERNET GENERALLY. No advice or information given by Company or its representatives (and specifically including independent contractor Minn-Kota Communications) shall create a warranty.

COMPANY, ITS EMPLOYEES, DIRECTORS, MANAGER AND AGENTS ARE NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM CUSTOMER’S USE OF THE SERVICE, CONNECTION, OR THE INTERNET, INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES. In any event, Company’s cumulative liability to Customer for any and all claims relating to the use of the service and Connection shall not exceed the total amount of fees paid by Customer during the previous one-year period. 

Company shall have no liability whatsoever for any claims, losses, actions, damages, suits, or proceedings resulting from: Other users accessing Customer’s computer; Security breaches; Eavesdropping; Denial of Service attacks; Interception of traffic sent or received using the service or Connection; Your reliance on or use of the equipment installed by Red River Telephone or service or the Connection; The use of any equipment or services by Customer of a third party that infringes the copyright, patent, trademark, trade secret, confidentiality, privacy, or other industrial or intellectual property rights of contractual rights of any third party; or, The accuracy, completeness and usefulness of all services, products, and other information and the quality and merchantability of all merchandise provided through the service or Connection or the internet.  

The foregoing limitation and all limitations and disclaimers set forth in this agreement applies to the acts, omissions, negligence and gross negligence of Red River Telephone, Company, its officers, directors, employees, agents, contractors or representatives which, but for this provision and other limitations and disclaimers in this agreement, would give rise to a cause of action against Company in contract, tort, or any other legal doctrine. Customer’s sole and exclusive remedies under this agreement are as expressly set forth in this agreement.

TERMINATION FEE:  Company shall collect from Customer a termination fee of $150.00 and collect wireless internet equipment provided by Company if contract is cancelled prior to contract ending period agreed upon with equipment installation. All leased equipment remains the property of the Company.


Revised: 11/4/09