Terms & Conditions

Residential:

Wisconsin Internet Service (www.wi-net.com) Terms and Conditions. This agreement is by and between the Amherst Telephone Company D/B/A Wisconsin Internet Net Service, duly authorized and existing under the laws of the State of Wisconsin, with its main office at 120 Mill Street, Amherst, WI 54406-0279 (WINS), and the undersigned customer for the provision by WINS or its subcontractors of certain electronic communications services and related items.

  1. The Customer hereby subscribes for and agrees to pay for the Internet connection services described on the reverse side here of on the terms and conditions herein set forth.

  2. Service Warranties: With respect to the services provided, WINS makes no warranties of any kind, express or implied, including any implied warranty of merchantability or fitness of this service for a particular purpose. WINS shall not be responsible for any damages suffered by the customer, including, but not limited to, loss of data from delays, non-deliveries, mis-deliveries, for service interruptions caused by WINS own negligence or customers errors and or omissions. The customer shall provide all telephone and other equipment necessary to access WINS systems. WINS reserves the right to modify the service terms, standard rates and operating procedures to establish usage priorities and to discontinue all or any part of the provided services at any time. The customer is responsible for implementing sufficient procedures and checkpoints to satisfy its requirements for accuracy of data input and output and maintaining a means external to the WINS system for the reconstruction of any lost data. WINS is not responsible for service interruptions beyond its control, including acts of God or service interruptions by its suppliers.

  3. Use: This service may only be used for lawful purposes. Materials and/or transmissions in violation of any local, state or Federal law(s) or regulations are prohibited. This includes, but is not limited to, copyrighted material, material legally judged to be threatening or obscene, or material protected by trade secret. If customer shall be determined to have engaged in inappropriate usage of this account, the privilege may be revoked at WINS discretion. The customer agrees to indemnify and hold harmless WINS from any claims resulting from the customers use of the service.

  4. Use of Information: Use of any information obtained via this service is at customers risk. WINS specifically denies any responsibility for the accuracy or quality of information obtained through its services. Use of these services will involve listing the customers participation in the relevant directories. The customer agrees to protect and treat all WINS confidential and proprietary information including access codes and IDs provided by WINS for its system. Sharing of IDs/accounts is expressly forbidden. If a customer believes his access ID/password has be compromised, immediate e-mail or telephone notification must be provided to WINS. The customer may be held responsible for all acts/communications initiated or authorized by that account ID until receipt by WINs of such notice.

  5. Change of Status: WINS may, from time to time, require new registration and account information from the customer to continue this service. In addition, the customer shall notify WINS in writing of any changes in the account information.

  6. WINS exercises no control over the content of the information passing through or temporarily stored in its system. WINS personnel may occasionally be required to examine files or e-mails as part of their duties and to facilitate operation of the system. All customer data shall be treated in a confidential manner, and data access of this nature shall be minimized. Customer data, including account records, on-line files and e-mail, will only be released to those individuals authorized by the customer or upon service of valid court order.

  7. Limitation of Liability: Neither party shall be liable to the other except as set forth in Section 3 hereof for any loss, damage, liability, claim or expense arising out of or in relation to this Agreement or the provision of service or equipment, however, caused, whether grounded in contract, tort (including negligence) or theory of strict liability. The parties agree to work in good faith to implement the purposed of the Agreement, but recognize the network connection and services to be provided by WINS could not be made available under these terms or other similar terms without a substantial increase in cost if the parties were to assume a greater liability to each other.

  8. Payment Terms: All bills for service are due upon receipt. Failure to pay any amount due within 10 days of the due date, whether billed or not, shall constitute sufficient grounds for termination of service without notice.

  9. Terms/Extensions/Termination: This agreement shall extend from the date customers account is activated until the official anniversary date. Service rendered beyond the expiration of the term will be subject to continued relevant fees and monthly payments and will be considered acceptance of the new agreement. This agreement shall be for the term indicated herein. If the term hereof is less than one year, the agreement may be terminated by customer only upon 30 days written notice to WINS. All other accounts may be terminated by customer only with written notice to WINS given no later than 30 days prior to the end of the last subscription period for which payment had been made. Customer shall be liable for all subscription fees through the effective date of termination.

  10. Description of the End-User Services: Unlimited access accounts shall be charged a flat rate per month and an end-user is not to exceed 150 hours usage in one week or consecutive 24-hour continual use. In the event that the user meets these limitations they will be required to upgrade to a dial-up dedicated account. A usage sensitive dial-up account is based on the number of hours a customer uses. Billing will reflect the total of the hours above the published plan limit.

  11. These terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with the terms and conditions of any order submitted. Use of the WINs Network constitutes acceptance of terms and conditions. Both parties agree to accept electronic mail as legally binding documentation for billing and notification purposes. This agreement will be performed in and governed by the laws of the State of Wisconsin. Any claims or caused of action arising out of or related to this agreement must be instituted within one year after the claim or cause of action has arisen or be barred. A claim or cause of action shall arise when the breach, act of omission or cause of action accrues, regardless of the knowledge of such breach, act or omission.

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