IMPORTANT: Please read this agreement carefully before
joining any of our services. By joining our service, you
agreed to be bound by the terms and conditions set forth
below. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND
CONDITIONS, YOU MAY NOT JOIN ANY OF OUR PROGRAMS AND/OR
SERVICES.
WIRELESS INTERNET FOR ILLIANA may modify the Terms &
Conditions at any time, and such modifications shall be
effective immediately upon posting of the modified agreement.
You agree to review the Terms & Conditions periodically to be
aware of such modifications, and your continued membership
shall be deemed your conclusive acceptance of the modified
Terms & Conditions. Using a personal account for high volume
or commercial use (e.g., revenue generation, advertising,
etc.), hosting any servers such as FTP, HTTP, IRC, P2P File
Sharing, etc is strictly
prohibited.
Upon registration, Members receive a username and password.
You and members of your household are the only authorized
users of your WIRELESS INTERNET FOR ILLIANA account and must
comply with this Agreement. You must keep your password
confidential so that no one else may access the Services
through your account. You must notify WIRELESS INTERNET FOR
ILLIANA immediately upon discovering any unauthorized use of
your account.
By completing the registration process, you become a member of
the WIRELESS INTERNET FOR ILLIANA Program. With respect to
business accounts, "Member", "you" and "your" as used herein
shall refer both to the individual or the business entity in
whose name the account is held and to the member identified in
the registration process in connection with the account.
WIRELESS INTERNET FOR ILLIANA will not tolerate proliferation
of illegal pornographic materials in the Internet using our
network. Anyone engaged in such activities and any illegal
activities set forth by the law governing the Internet are
subject to legal & monetary damages and immediate termination
of all WIRELESS INTERNET FOR ILLIANA benefits and services
without exception.
WIRELESS INTERNET FOR ILLIANA will not tolerate spamming or
mass E-mailing in the Internet. Anyone engaged in such
activities and any illegal activities set forth by the laws
governing the Internet are subject to legal & monetary damages
and immediate termination of all WIRELESS INTERNET FOR ILLIANA
benefits and services without exception and no refund.
WIRELESS INTERNET FOR ILLIANA expects users to make reasonable
efforts to remove viruses and spyware that may use extensive
bandwidth over our network from their computers.
Member understands and agrees
that Availability of Services and Speed of Services may vary
depending upon environmental conditions, acts of God and other
factors beyond our control.
Member agrees to pay all fees and other charges at the rates
in effect during the billing period in which the charges were
incurred. Member shall pay all applicable taxes, which will be
applied and included in credit card bills/invoice or paper
bills/invoice issued to
Member, relating to use of the Service by Member. Member
authorizes WIRELESS INTERNET FOR ILLIANA to charge any amounts
payable by Member in connection with Member's account every
month automatically to their credit card or checking account
identified by Member in the registration process or account
management system, subject to the terms and conditions of the
agreement between Member and Member's credit card issuer. Member's right to use the Service is subject to any limits
established by Member's credit card issuer. Member may
also pay with Cash, Check or Money Order. WIRELESS INTERNET
FOR ILLIANA reserves the right to change the amount of any fee
or charge for the Service, or any part thereof, and to
institute new fees or charges, effective upon either posting
of the modified amount or notifying the Member through E-mail
and/or Postal mail.
The monthly fee for the paid subscriber is due on the 1st day
of the month and non-refundable. There are only 2 acceptable
ways to cancel an account: by phone at 812-268-5199, or In
Person at our office. Monthly
fees are due every month on the 1st. Payment that is 15 days
past due will automatically close the account until paid or
decided to re-activate the service in the future.
In no event will WIRELESS INTERNET FOR ILLIANA be liable for
any incidental, consequential, direct or indirect damages (including
but not limited to, damages for loss of profits, business
interruption, loss of programs or information, and the like)
arising out of the use of or inability to use the service and/or
server malfunction, even if WIRELESS INTERNET FOR ILLIANA or
its affiliates have been advised of the possibility of such
damages.
Some states do not allow the exclusion or limitation of
liability for consequential or incidental damages. Any claims
attributable to errors, omissions, or other inaccuracies in
the service and/or materials or information related to the
service in such states is limited to the greatest extent
permitted by law.
Member Identifiable Information: WIRELESS INTERNET FOR
ILLIANA will not intentionally disclose the content of any
private electronic communication or any other Member
identifiable information concerning you to any third party
unless permitted or required by law or authorized by you.
Subject to the foregoing, WIRELESS INTERNET FOR ILLIANA may
monitor, record, collect, disclose, and use for any lawful
purposes information generated through your use of the
Service.
Indemnification: Member agrees to indemnify, defend and hold
harmless WIRELESS INTERNET FOR ILLIANA, 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
this Agreement or any activity related to Member's account
(including negligent or wrongful conduct) by the Member or any
other person using the Service.
Third Party Rights: The provisions of Indemnification
are for the benefit of WIRELESS INTERNET FOR ILLIANA and its
officers, directors, employees, agents, licensors, servers,
and any member third party service provider. Each of these
individuals or entities shall have the right to assert and
enforce those provisions directly against a Member directly on
its own behalf.
Term; Termination: This Agreement shall commence upon
the completion by Member of the registration process. This
Agreement may be terminated by WIRELESS INTERNET FOR ILLIANA
without notice at any time for any reason and may be
terminated by Member upon notice to WIRELESS INTERNET FOR
ILLIANA at any time for any reason. The provisions of
Indemnification, and Third Party Rights shall survive any
termination of this Agreement.
Miscellaneous: This Agreement shall all be governed and
construed in accordance with the laws of the State of Indiana
applicable to agreements made and to be performed in Indiana.
Member agrees that any legal action or proceeding between
WIRELESS INTERNET FOR ILLIANA and Member for any purpose
concerning this Agreement or the parties' obligations
hereunder shall be brought exclusively in a federal or state
court of competent jurisdiction sitting in Indiana. Any cause
of action or claim Member may have with respect to the Service
must be commenced within one (1) year after the claim or cause
of action arises or such claim or cause of action is barred.
WIRELESS INTERNET FOR ILLIANA's failure to insist upon or
enforce strict performance of any provision of this Agreement
shall not be construed as a waiver of any provision or right.
Neither the course of conduct between the parties nor trade
practice shall act to modify any provision of this Agreement.
WIRELESS INTERNET FOR ILLIANA may assign its rights and duties
under this Agreement to any party at any time without notice
to Member. |