Internet Service & Equipment Rental Agreement
Wireless Internet Service & Equipment Rental Agreement
("Agreement") is made between NB Internet, LLC ("NB
Internet") and you (referred herein as "you")
and governs your use of the NB Internet Wireless Internet Service
and the rental of related equipment and related features ("Services").
By establishing an account or using the Services, you agree
to be bound by this Agreement and to use the Services in compliance
with this Agreement and the NB Internet Acceptable Use Policy
("AUP") posted on NB Internet's website at http://www.nbinternet.com/acceptableuse.html, and incorporated herein. If you do not agree to all
the terms and conditions of this Agreement and the AUP, including
any future revisions of either this Agreement or the AUP, do
not register or use the Services and if you are a current subscriber,
you must terminate your use of the Services.
Internet reserves the right to modify this Agreement and the
AUP in its discretion at any time. Please check periodically
for changes. Your continued use of the Services following the
posting of any changes constitutes acceptance of those changes.
Section 1: Rates and Charges
rates and charges for the Services shall be as set forth in
accordance with NB Internet's rate schedule as in effect from
time to time, a copy of which is available on the NB Internet
website. Rates and charges are subject to change by NB Internet
from time to time by notice to you provided with the Services
or otherwise. You will be invoiced monthly for usage of the
Services and for any other services utilized by you or other
users of your account which are billed for by NB Internet in
connection with the Services. You agree to pay all applicable
rates and charges for the Services, including, without limitations,
any applicable fees and taxes, by the due date set forth in
your billing statement, and to pay any interest or late fees
incurred for late payment. Delinquent accounts may be suspended
or cancelled at NB Internet's sole discretion; however, charges
will continue to accrue until the account is cancelled. NB
Internet may bill an additional charge to reinstate a suspended
2: Set-up Services
Internet will have S&L Computer Services, Inc. (S&L),
set-up and activate your account for wireless Internet access.
standard install consists of S&L installing antenna, outside
or inside whichever is necessary, and cabling to “mechanical
room/utility room”. Standard install is $99.00. Custom installs will be billed on a time and material basis.
following related services are not part of the set-up services
and will be billed to your account.
networking, VPN’s, custom configuration, cabling and materials.
Section 3: Term and Termination
This Agreement applies
to you for as long as you remain a subscriber to any of the Services
("Term"). You may terminate this Agreement and your
use of the Services at any time and for any reason by providing
notice to the NB Internet.com business office via a telephone
call or U.S. mail, after 12 consecutive months of Service. Early
termination penalty is 50% of remaining contract. Without prior notice, NB Internet may terminate this Agreement,
your password, your account, and/or your use of the Services,
for any reason, including, without limitation, if you fail to
pay any charges when due or, if NB Internet, in its sole discretion,
believes you or someone using your account has violated this
Agreement or the AUP. All terms and provisions of this Agreement
which should by their nature survive the termination of this
Agreement shall so survive among other things, the AUP prohibits
sending unsolicited e-mail messages, including bulk commercial
advertising or informational announcements ("Spam"),
and NB Internet will immediately terminate any account which
it believes, in its sole discretion, is transmitting or is otherwise
connected with any Spam. You agree to pay NB Internet's actual
damages in any way arising from, or related to, any Spam transmitted
by, or in any way connected to, you, to the extent such actual
damages can be reasonably calculated. If actual damages cannot
be reasonably calculated, you agree to pay NB Internet liquidated
damages of five U.S. dollars ($5.00) for each piece of Spam transmitted
from, or otherwise connected with, your account.
Internet may elect to send notice of any violations to you
before termination, but is not required to do so. When an account
has been terminated or suspended, the reactivation of the old
account or the acquisition of a new account will only be allowed
by the express approval of NB Internet. The account may be
held responsible for any charges associated with installation
or activation, whether it is for a new account, or a suspended
or terminated account.
Section 4: Account Usage
agree that you will be the only user of your user name and
password and that you will not transfer or disclose either
your user name or password to any other person, except that
you may at your own risk and responsibility permit other members
of your family or business associates to access the Services
using your user name and password. You shall ensure that any
such users comply with this Agreement and the AUP and you will
be responsible for all usage of the Services and any other
services accessed through the Services on your account whether
or not authorized by you. You acknowledge that you are aware
that certain content accessible through the Services may contain
material that is unsuitable for minors. You agree to supervise
any minor's use of the Services through your account.
Section 5: Storage Space
and Other Limitations
a personal account for commercial, high volume, or any excessive
use is prohibited. If your use impacts NB Internet's ability
to provide Services or network resources, your use of the Services
may be terminated immediately. Your mailbox storage space is
limited and such limits are listed on the applicable page at http://www.nbinternet.com/rates/limits.html. When a mailbox
reaches the limit, you will not be able to receive e-mail.
6: Monitoring the Services
Internet has no obligation to monitor the Services, but may
do so and disclose information regarding use of the Services
for any reason if NB Internet, in its sole discretion, determines
that it is reasonable to do so, including, without limitation,
to: (i) satisfy laws, regulations, or governmental or legal
requests; (ii) operate the Services properly; or (iii) protect
itself and its customers.
have the responsibility to monitor your accounts for access
to newsgroups and websites that may contain improper material.
You will notify NB Internet of the continual receipt of e-mail
that you view as illegal or that is unsolicited. You must not
design or provide systems used for the collection of information
about others without their explicit knowledge and consent.
Section 7: Disclaimer of
Warranties and Limitation of Liability
OF LIABILITY. YOU ASSUME TOTAL RESPONSIBILITY FOR USE OF THE
SERVICES AND THE INTERNET AND ACCESS THE SAME AT YOUR OWN RISK.
NB INTERNET EXERCISES NO CONTROL OVER AND HAS NO RESPONSIBILITY
WHATSOEVER FOR THE CONTENT ACCESSIBLE OR ACTIONS TAKEN ON THE
INTERNET AND NB INTERNET EXPRESSLY DISCLAIMS ANY RESPONSIBILITY
FOR SUCH CONTENT OR ACTIONS. NB INTERNET SHALL NOT BE LIABLE
TO YOU FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, RELIANCE,
OR CONSEQUENTIAL DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION,
ANY LOSS OF USE, LOSS OF BUSINESS, LOSS OF PROFIT, LOSS OF
INFORMATION OR DATA, OR INTERRUPTED COMMUNICATIONS, ARISING
OUT OF OR RELATED TO THIS TERMS OF SERVICE. UNDER NO CIRCUMSTANCES
WILL NB INTERNET BE LIABLE TO YOU OR ANY THIRD PARTIES FOR
AN AMOUNT GREATER THAT THAN THE TOTAL AMOUNT OF FEES PAID BY
YOU FOR THE SERVICE DELIVERED HEREUNDER DURING A SIX MONTH
OF WARRANTIES. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS. NB INTERNET MAKES NO WARRANTY OF ANY
KIND, WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING,
WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, INFRINGEMENT,
OR FITNESS FOR A PARTICULAR PURPOSE. NB INTERNET DOES NOT WARRANT
THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE
OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION
GIVEN BY NB INTERNET, ITS AFFILIATES OR ITS CONTRACTORS OR
THEIR RESPECTIVE EMPLOYEES SHALL CREATE ANY WARRANTY.
8: Risk of Loss
assume all risk of loss and damage to the wireless equipment
from any cause whatsoever. In
the event of loss or damage to the wireless equipment during
the lease term, at the option of NB Internet, your shall either
(a) replace the equipment; or (b) pay NB internet the fair
market value for the equipment (as determined by NB Internet).
agree to indemnify, defend, and hold harmless NB Internet and
its subsidiaries, affiliates, officers, employees, agents,
suppliers, or other partners from any and all third party claims,
liabilities, costs, and expenses, including reasonable attorneys
fees, arising from your use of the Services, your violation
of this Agreement, or your violation of any rights of another.
Section 10: Dispute Resolution
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS RIGHTS THAT YOU MAY OTHERWISE
HAVE. IT PROVIDES FOR RESOLUTION OF ALL DISPUTES THROUGH FINAL AND BINDING
ARBITRATION WITH A FAIR HEARING BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN
A COURT BY A JUDGE OR JURY OR THROUGH A CLASS ACTION.
Agreement: You and NB Internet agree that any dispute
or claim arising out of or relating to the Services or this
Agreement (whether based in contract, tort, statute, fraud,
misrepresentation or any other legal theory) will be resolved
by binding arbitration.
Procedures: Before commencing arbitration you must first
present any claim or dispute to NB Internet in writing to
allow NB Internet the opportunity to resolve the dispute.
If the claim or dispute is not resolved within 60 days, you
may request arbitration. The arbitration shall be conducted
in accordance with the American Arbitration Association Comprehensive
Arbitration Rules. The Federal Arbitration Act, 9 U.S.C.
Sections 1-16, not state law, shall govern the arbitration
of the dispute. North Dakota state law, without regard to
choice of law principles, shall otherwise govern and apply
to any and all claims or disputes. All arbitration proceedings
and hearings shall take place in District Court, Cass County,
North Dakota. Arbitration is final and binding. Under the
AAA Rules, there may be no right to pre-arbitration discovery.
Any arbitration shall be confidential, and neither you nor
NB Internet may disclose the existence, content or results
of any arbitration, except as may be required by law or for
purposes of enforcement of the arbitration award. The arbitrator's
award shall be in writing, but is not required to include
factual findings or legal reasoning. Judgment on any arbitration
award may be entered in any court having jurisdiction. Each
party shall pay its own expenses of the arbitration, including
of Arbitration: The party requesting arbitration must
pay the applicable AAA filing fee. All
other AAA administrative fees will be divided equally between
you and NB Internet. Each party will bear the expense of
its own counsel, witnesses, preparation, and presentation
of evidence at the arbitration.
of Class Action: By this Agreement, both you and NB Internet
are waiving rights to litigate claims or disputes in court,
including the right to a jury trial. You further waive any
right to pursue any claim on a class or consolidated basis
or in a representative capacity.
Section 10: Miscellaneous
Agreement and the AUP constitute the entire agreement between
you and NB Internet with respect to your use of the Services.
NB Internet may assign this Agreement and your rights and obligations
under this Agreement, in whole or in part, at any time without
notice to you. You may not assign this Agreement without NB
Internet's prior written consent. Neither party's failure to
insist upon strict performance of any provision of this Agreement
shall be construed as a waiver of any of its rights hereunder.
If any provision of this Agreement is held to be unenforceable,
the unenforceable provision shall be construed as nearly as
possible to reflect the original intent of the parties and
the remaining provisions shall remain in full force and effect.
The terms, representations, warranties, agreements and covenants
of the parties set forth in this Agreement are (a) intended
solely for NB Internet and its affiliates and you and (b) they
shall not benefit or be enforceable by, any other person or