provides Internet Service
subject to the following terms and Conditions. Read these terms and conditions
carefully. By Subscribing to the Service you agree to be bound by the terms and
conditions outlined below. If you do not wish to be subject to the following
terms and Conditions, immediately notify MidNight Solutions
at701-388-6550 to have your service discontinued.
Cancellation of service by the
subscriber must be made through personal contact (phone or in person) with
MidNight Solutions support staff, E-mail notification is not acceptable.
Simply discontinuing use of the service without notifying MidNight Solutions
does not constitute cancellation of Service.
Use of the
MidNight Solutions exercises no control over the content
or information that is contained on or passes over its Internet Service and
disclaims any warranty of merchantability or fitness of the Internet for any
particular purpose. By accessing the Internet via MidNight Solutions, you
assume total responsibility and risk with regard to any information received or
products and services purchased via your use of the Internet. In addition,
disclosure of any sensitive information (credit card numbers, etc.) is at the
sole risk and discretion of the Subscriber. MidNight Solutions disclaims
any responsibility for use of information so disclosed. You acknowledge that the
Internet may contain information that is sexually explicit, morally offensive,
or otherwise distasteful to you and that you are solely responsible for
controlling access to this information. MidNight Solutions will not be
responsible for any damage you suffer.
MidNight Solutions offering is provided on an "as is"
and "as-available" basis without warranties of any kind, either expressed or
implied for the service provided. This includes the loss of data resulting from
delays, service interruption, poor transmission quality, slow transmission
speeds, computer "viruses", damage caused by other Internet users, or
information provided by MidNight Solutions associates or subcontractors.
MidNight Solutions assumes no responsibility for the accuracy or quality
of information, including but not limited to product and service advertising,
obtained through its Internet Service. If, after subscribing to MidNight
Solutions, you are dissatisfied with the quality or content of the Service,
your sole remedy is to discontinue using the Service on a going-forward basis.
You will remain responsible for charges incurred before notification of
MidNight Solutions and deactivation of your Subscriber ID and password.
Obligations of Internet
Subscribers are responsible at their own expense for providing suitable
computer equipment and an Ethernet Network card for connection to the Wireless
Internet equipment. Subscribers may not do any of the following or allow any
third party under the subscriber's control (including customers, employees or
other authorized users) to:
- Use the
account in a manner inconsistent with any and all applicable state and federal
laws and regulations;
- Restrict or inhibit any other subscribers from using
or enjoying the Service and/or the Internet;
- Accessing, or attempting to access another
- Impersonate another subscriber or otherwise falsifying
one's account name in e-mail or any post to any newsgroup or mailing list;
- 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, including without limitation the U.S. export control laws
- Post or
transmit any information or software which contains a virus, worm, cancelbot
or other harmful component;
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 or other
proprietary rights without obtaining permission of the copyright owner or
- Use the
Service in violation or contravention of the Telecommunications Act of 1996,
or any other applicable law, regulation, order or other governmental
directive, or abuse or fraudulently use the Service in any way not
specifically set forth above.
In addition, Subscribers or any
third party under the Subscriber's control may not:
- Post a
single article or advertisement to more than ten (10) email mailing lists or
similar groups or lists;
- Post to
any email mailing list or similar group or list, articles which are off-topic
according to the charter or other public statement of the group or list:
unsolicited mass mailings to more than twenty-five (25) email accounts, if
such unsolicited electronic mailing provoke complaints from the recipients;
in any of the foregoing activities using the service of another provider, but
channeling such activities through a MidNight Solutions account as a
mail drop for responses;
or "spoof" subscriber information provided to the MidNight Solutions or
other subscribers of the Service in connection with use of the
equipment provided by MidNight Solutions to the Subscriber (other than
any Network Interface Card ("NIC") installed in the Computer) will be
considered "MidNight Solutions Equipment" and will be subject to
Section 6 below.
- MidNight Solutions will have no obligation to install, support, maintain,
repair or replace (a) any Computer; or (b) any wireless modem or cabling or
other equipment that is not MidNight Solutions Equipment. MidNight
Solutions will not support, repair, replace or maintain any NIC,
regardless of whether provided and installed by MidNight Solutions .
- MidNight Solutions, and its authorized agents, may enter Subscriber's
premises, have access to Subscriber's Computer(s) periodically during the term
of this Agreement and after its termination to install, connect, inspect,
maintain, repair, replace or alter the MidNight Solutions Equipment, to
install or deliver the Software, or to disconnect and remove the MidNight
- MidNight Solutions shall have the right to upgrade, modify and enhance
wireless modems and Software from time to time through "downloads" from the
network or otherwise. Without limiting the foregoing, MidNight Solutions
may, at any time, employ such means to limit the throughput available
through individual wireless modems.
Subscriber is not the owner of the premises upon which Equipment and Software
are to be installed, Subscriber warrants that he/she has obtained the consent
of the owner of the premises for MidNight Solutions personnel and/or
its agents to enter the premises for the purposes described in this Section.
Subscriber shall indemnify and hold MidNight Solutions harmless from
and against any claims of the owner of the premises arising out of the
performance of this Agreement.
- MidNight Solutions Equipment and Cabling.
MidNight Solutions Equipment is and at all times shall remain the sole
and exclusive personal property of MidNight Solutions, and the
Subscriber shall acquire no interest therein by virtue of the payments
provided for herein or the attachment of any portion of the Equipment to the
Subscriber's residence or otherwise.
- Subscriber will not open, alter, misuse, tamper with
or remove the MidNight Solutions Equipment as and where installed by
MidNight Solutions, and will not remove any markings or labels from the
MidNight Solutions Equipment indicating MidNight Solutions
ownership or serial or identity numbers. Subscriber will safeguard the
MidNight Solutions Equipment from loss or damage of any kind, and
(except for any self installation procedures approved by MidNight Solutions
) will not permit anyone other than an authorized representative of
MidNight Solutions to perform any work on the MidNight Solutions
termination of the ISP Service to Subscriber, for whatever reason, Subscriber
acknowledges that his/her right to possess and use the MidNight Solutions
Equipment shall likewise terminate. In such event, the MidNight
Solutions Equipment shall be returned to MidNight Solutions in the
same condition as when received, ordinary wear and tear excepted. Subscriber
will promptly return the MidNight Solutions Equipment or notify
MidNight Solutions to schedule retrieval by MidNight Solutions .
If Subscriber does not promptly return the MidNight Solutions Equipment
or schedule retrieval, MidNight Solutions may enter any premises where
the MidNight Solutions Equipment may be located for the purpose of
disconnecting and retrieving the MidNight Solutions Equipment. Failure
of MidNight Solutions to remove its equipment shall not be deemed an
abandonment. Subscriber will pay the expense incurred by MidNight Solutions
in any retrieval of the unreturned MidNight Solutions Equipment
from Subscriber. MidNight Solutions may charge Subscriber a continuing
monthly fee until any remaining MidNight Solutions Equipment is
returned, collected by MidNight Solutions or fully paid for by
Subscriber in accordance with Section 6 (iv). The current fee is listed in the
list of charges on the price list or can be provided on request.
- If the
MidNight Solutions Equipment is damaged, destroyed, lost or stolen
while in Subscriber's possession, Subscriber shall be liable for the cost of
repair or replacement of the MidNight Solutions Equipment. If the
MidNight Solutions Equipment is not returned to or retrieved by
MidNight Solutions as described in Section 6 (iii) upon termination of
the ISP Service, Subscriber will pay MidNight Solutions, on demand, the
amount specified in the then-current price list for the replacement cost of
the perator Equipment, without any deduction for depreciation, wear and tear
or the physical condition of such MidNight Solutions Equipment.
Subscriber agrees that if he/she fails to return the MidNight Solutions
Equipment, MidNight Solutions or ISP can charge Subscriber's
account for the amounts described in Sections 6 (iii) and 6 (iv), in addition
to any other remedies or collection efforts.
termination of the ISP Service, subject to applicable law and regulation,
MidNight Solutions may, but shall not be obligated to, remove any
cabling installed by MidNight Solutions on Subscriber's
- Software. To the extent any Software is licensed by
MidNight Solutions (such as self installation tools, but not including
any browser or client Software provided by ISP as part of the ISP Service),
such Software is provided for the limited purpose of facilitating Subscriber's
use of the ISP Service as described in this Agreement. Subscriber will not
engage in, or permit, any additional copying, or any translation, reverse
engineering or reverse compiling, disassembly or modification of or
preparation of any derivative works based on the Software, all of which are
prohibited. Subscriber will return or destroy all Software provided by
MidNight Solutions and any related written materials promptly upon
termination of the ISP Service to Subscriber for any reason. All other
Software is licensed under the ISP Terms and is not the responsibility of
MidNight Solutions .
Payment for Internet Access
subscribing to MidNight Solutions you agree to comply with all terms and
conditions as outlined above and pay all charges incurred including any taxes or
other surcharges arising in connection with the service. Subscribers agree to a
minimum of 12 months of service, though subscribers many cancel the service
within the first 30 days without penalty. Charges shall be invoiced monthly
based on the Internet Service Plans offered at the time of billing and shall be
due and payable on the 1st of each month. Invoices may be rendered via US Mail,
checking account direct withdrawal, or the Internet based on MidNight
Solutions sole discretion. If payment is not received by the 5th of the
month, your service will be disconnected without further notice. To reestablish
service, prior amounts due must be paid in full, as well as any reconnection
charges in effect at the time of reconnection. MidNight Solutions makes
no commitment or warranty as to the duration of any specific pricing plans and
may offer special promotions from time to time at its discretion.
accessing MidNight Solutions access service you acknowledge reading,
understanding, and acceptance of the foregoing Internet User Agreement.
Solutions, in its sole
discretion, with or without cause, reserves the right to discontinue without
notice Internet access services to any subscriber.