Mobilcomm, Inc. Wireless Internet Service Summary AGREEMENT
1211 West Sharon Road Cincinnati, OH 45240
Your use of the Wireless Internet Service constitutes acceptance of this Summary Agreement and the Details of this Agreement found at the HeavenWire.net website.
This Wireless Internet Service Agreement (the “Agreement”) is entered into this date(see Wireless Internet Service Request form for the “Effective Date”), by and between Mobilcomm, Inc., an Ohio corporation (the “Provider”) and the “Subscriber” (see Wireless Internet Service Request form).
Provider and Subscriber hereby agree as follows:
1. Provision of Services: Subscriber agrees to abide by the Appropriate Use Policy as it may be constituted from time to time (the “AUP”), available on Provider’s website at HeavenWire.net
2. TERM: The initial term of this Agreement is 12 months commencing on the Effective Date. Term will be monthly after the initial 12 month term has expired.
3. Payment: Subscriber shall pay fees detailed in this Agreement. Provider may increase the monthly service charge with 15 days notification.
4. Equipment: A.) Provider recommends the use of third-party firewall hardware or software. B.) Provider shall install the following equipment on Subscriber’s premises to enable Subscriber to use the Wireless Internet Service: Canopy unit, mount, cable, and demarc (surge suppressor) (hereinafter collectively referred to as the “Equipment”). C.) The Equipment shall remain the sole property of Provider. D.) Subscriber shall be responsible for any and all damage, whether intentional, unintentional or accidental, that the Equipment may suffer. E.) The Equipment is provided to Subscriber AS IS and WITHOUT WARRANTY of any kind. F.) Subscriber grants Provider the right of entry onto Subscriber’s premises to install, maintain and remove the Equipment.
5. Service subject to terrain and conditions: Subscriber understands that Wireless Internet Service typically requires direct line of sight, and that any obstruction between Provider's tower and the equipment installed at Subscriber's location may block the required signal. Subscriber agrees to pay for any additional equipment if required to obtain full service.
6. No use by others: Subscriber is prohibited from reselling, redistributing, rebroadcasting, or otherwise using the Service for any other purpose than directly for the Subscriber's home or business. Subscriber “Wi-Fi” Access Points must be registered and secured.
7.Limitation of Liability: PROVIDER, ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, SHALL HAVE NO LIABILITY TO SUBSCRIBER UNDER ANY CAUSE OF ACTION (INCLUDING NEGLIGENCE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE WIRELESS INTERNET SERVICE, THE EQUIPMENT, OR THE USE OR INABILITY TO USE THE WIRELESS INTERNET SERVICE, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFIT, USE, DATA OR OTHER INTANGIBLES, EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8. Use for Lawful Purposes Only: Subscriber will not transmit, re-transmit, store or otherwise use Wireless Internet Service in violation of any federal, state, local or international laws or regulations (collectively, “Laws”) including but not limited to any Laws relating to copyright, trademark or other intellectual property or proprietary rights, or any Laws relating to U.S. export; and (ii) that Subscriber will not download, post, transmit or re-transmit any unlawful, threatening, abusive or pornographic materials of any kind.
9. Weather, Acts of God: Provider does not guarantee connectivity through weather, other acts of God, or atmospheric conditions beyond its control.
10. Return of Equipment: Upon termination of this Agreement the Equipment shall be returned to Provider's billing address in good working order.
11. Default: Provider can terminate Service if Subscriber fails to pay monies due.
12. Assignment: Without prior written consent of the Provider, which shall not be unreasonably withheld, Subscriber may not assign this contract or the performance of its obligations under this agreement.
13. Right to Monitor Network: Provider reserves the right to monitor its network in order to ensure compliance with its Acceptable Use Policy and the reliability of the network.
14. Entire Agreement: This Agreement, the Service Request and the AUP constitute the entire agreement between the parties hereto.
15. No Rights or Remedies for Third Parties: This Agreement is not intended to give and does not give any rights or remedies to any person other than the Subscriber and Provider.
16. Governing Law: This Agreement will be governed by the laws of the state of Ohio.
17. Severability: Provisions will be enforced to the maximum extent permitted by law.
18. Changes to the Agreement: If you continue to use the service from Provider after notice has been made of a change to the Agreement, you agree to accept those changes.
19. Waiver: Failure to enforce any provision of this Agreement will not constitute or be construed as a waiver of such provision or of the right to enforce such provision.
20. Notice: Any notice may be delivered to the other party at the addresses as follows: Provider e-mail: ; Regular mail: Mobilcomm, Inc. 1211 West Sharon Road Cincinnati, Ohio 45240; Telephone: 513.595.5818 or 888.595.5818
(Subscriber Notice Information detailed in the Wireless Internet Service Request Form.)