Internet User Agreement
 
   
 

 

MidNight Solutions 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.

Service Cancellation
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 Internet
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.

No Service Warranties
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 Service Subscribers
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 subscriber's computer;
  • 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 and regulations;
  • Post or transmit any information or software which contains a virus, worm, cancelbot or other harmful component;
  • 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 or other proprietary rights without obtaining permission of the copyright owner or right holder;
  • 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:
  • Send unsolicited mass mailings to more than twenty-five (25) email accounts, if such unsolicited electronic mailing provoke complaints from the recipients;
  • Engage 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;
  • Falsify or "spoof" subscriber information provided to the MidNight Solutions or other subscribers of the Service in connection with use of the Service.

 

Equipment Responsibilities

  1. Any 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.
  2. 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 .
  3. 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 Solutions Equipment.
  4. 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.
  5. If 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.
  6. MidNight Solutions Equipment and Cabling.
  1. The 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.
  2. 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 Equipment.
  3. Upon 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.
  4. 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.
  5. Upon 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 premises.
  1. 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 Services
By 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.

By accessing MidNight Solutions access service you acknowledge reading, understanding, and acceptance of the foregoing Internet User Agreement.
MidNight Solutions, in its sole discretion, with or without cause, reserves the right to discontinue without notice Internet access services to any subscriber.