1.
AGREEMENT.
This is an
agreement between WISP Networks Internet Services ("WISP Networks")
and you to provide WISP Networks Internet Service ("the Service").
By establishing an account or using the Service or equipment, you
agree to be bound by this Agreement and to use the Service in
compliance with WISP Networks, Inc. Acceptable Use Policy.
2. TERM.
The term of
this Agreement is for an initial term of twelve (12) months. This
Agreement will automatically renew fro an additional year after the
end of the initial term unless you notify WISP Networks, in writing,
at least thirty (30) days in advance of the expiration of your then
current term that you intend to cancel the Service. WISP Networks
reserves the right to change the price of the Service at any time
with 30 days notice. Prices for other WISP Networks services may
change at any time upon 30 days notice and will be posted on the
WISP Networks web site: www.wispnetworks.net. Current rates may also
be obtained by calling (305) 669-4681.
3. THE SERVICE.
The Service
can vary depending on location, line quality, Internet traffic, CPU
speed, operating system configuration and other factors beyond the
control of WISP Networks. WISP Networks provides the service on a
"best effort" standard and does not guarantee upload or download
speeds.
4. CANCELLATION.
If your are
dissatisfied with the Service or any related terms, conditions,
rules, policies guidelines, or practices, your sole remedy is to
discontinue using the Service, cancel your account, and pay any
cancellation fees that apply. Termination of the service does not
release you from liability for charges due under this Agreement. To
cancel the Service you must call (305) 669-4681 or write to WISP
Networks at 7340 SW 48th Street - Suite 107 A, Miami, Florida 33155.
Cancellation will be effective at the end of the current billing
period in which notice of cancellation is received. Upon
cancellation, email service will be terminated and all data and
files stored on WISP Networks services will be deleted. WISP
Networks may terminate this Agreement, your password, your account,
or your use of the Services for any reason, including, without
limitation, if WISP Networks, in its sole discretion, believes you
have violated the Agreement or if you fail to pay any charges when
due. Termination notice will be by email or US Mail to the address
you provided for the Service. All notices to you shall be deemed
effective on the first (1st) day following the date of the email or
on fourth (4th) day following the date of the mailing. Sections 1,
4, 5, 7, 8 and 9 of this Agreement shall survive termination of this
Agreement.
5. PAYMENT.
Payment is
due as specified on the monthly invoice, any failure to pay when due
may result in suspension or disconnection of service. A service fee
of $25.00 will be required to reestablish suspended service. You are
responsible for any charges to your account. Questions regarding
charges to an account should be directed to WISP Networks Customer
Service Department at (305) 669-4681. All charges are considered
valid unless disputed in writing within sixty (60) days of the
billing date. Adjustments will not be made for charges that are more
than 60 days old. Payments not received within 30 days are subject
to a late payment charge equal to 1.5% per month.
6. MONITORING THE SERVICES.
WISP
Networks has no obligation to monitor the Services, but may do so
and disclose information regarding use of the Services for any
reason if WISP Networks, in its sole discretion, believes that it is
reasonable to do so, including to: satisfy laws, regulations, or
governmental or legal requests; operate the Service properly; or to
protect itself and its subscribers. WISP Networks may immediately
remove your material or information from WISP Networks' servers, in
whole or in part, which WISP Networks, in its sole and absolute
discretion, determines to infringe another's property rights or to
violate our Acceptable Use Policy.
7.
DISCLAIMER
THE
SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WISP
NETWORKS DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED,
ERROR-FREE OR FREE OF VIRUSES, OR OTHER HARMFUL COMPONENTS. WISP
NETWORKS MAKES NO EXPRESS WARRANTIES AND WAIVES ALL IMPLIED
WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE,
NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR
PURPOSE REGARDING ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED
THROUGH WISP NETWORKS OR THE INTERNET GENERALLY. NO ADVICE OR
INFORMATION GIVEN BY WISP NETWORKS OR ITS REPRESENTATIVES SHALL
CREATE A WARRANTY. WISP NETWORKS AND ITS EMPLOYEES, OFFICERS AND
DIRECTORS ARE NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY
OR INDIRECTLY FROM YOUR USE OF THE SERVICES OR THE INTERNET
INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL,
PUNITIVE OR CONSEQUENTIAL DAMAGES.
8. INDEMNIFICATION.
You agree to
indemnify, defend and hold harmless WISP Networks Internet Services,
its officers, directors, employees, agents, licensors, suppliers and
any third party information providers to the Service from and
against all losses, expenses, damages and costs, including
reasonable attorneys' fees, resulting from any violation of our
Acceptable Use Policy by you. Each of these individuals or entities
shall have the right to assert and enforce the provisions directly
against you on its own behalf.
9. JURISDICTION.
This
Agreement is governed by and interpreted in accordance with the laws
of the State of Florida and any applicable Federal laws. The courts
of the Judicial District of Miami, Florida shall have exclusive
jurisdiction with respect to any proceeding in connection with this
Agreement.
10. MISCELLANEOUS.
This
Agreement, the Acceptable Use Policy, and WISP Networks' other
agreements and policies posted on WISP Networks' Web site constitute
the entire agreement between you and WISP Networks with respect to
your use of the Service. WISP Networks may revise, amend or modify
the Agreements at any time and in any manner. Notice of any
revision, amendment, or modification will be posted on WISP
Networks' Web site www.wispnetworks.net and/or by email and/or our
various publications and mailings to you. Any revisions, amendments
or modifications must be made in writing and authorized by WISP
Networks' General Manager. No changes to our Agreements and policies
may be made without written and signed authorization from WISP
Networks' General Manager. Your use of our Service constitutes your
continued acceptance of our Agreements and policies. If any
provision of our Agreements and policies are found to be
unenforceable or invalid, the remaining provisions shall be
enforceable and valid to the greatest extent permitted by law
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