If there are any Terms and Conditions you do not understand, please
contact Customer Services using the contact details set out on
the Website at http://www.enterpoint.net/html/terms_and_conditions.html.
Calls to Customer Services and support may be monitored and recorded
for training and quality assurance purposes.
1. Start of this Agreement
1.1 This Agreement will commence on the Commencement Date and
will continue for the contract agreement period unless terminated
by you or us in accordance with paragraph 9 below.
2. Registration Information
2.1 To register for the Broadband Services, you must be at least
18 years of age.
2.2 You warrant that all information provided
to us, including the information in the online registration form,
is absolutely true, complete and accurate. If any facts or information
provided to us become inaccurate then you will tell us immediately
of the changes.
2.3 You confirm that there are no facts or circumstances
which have not been disclosed to us which would affect our decision
to provide the Broadband Services to you.
3. Our Provision of the Broadband Services
3.1 We will provide the Broadband Services subject to these Terms
and Conditions.
3.2 We can only provide Broadband Services in areas
of Bemidji and Cass Lake in which we are technically able from
time to time and we will endeavour to provide the Broadband Services
to you at the access rate you choose, but the speed may be affected
at times due to network congestion and other reasons.
3.3 Whilst
we will use our reasonable endeavours to begin providing the Broadband
Services on any date agreed with you, we will not be liable for
any failure to meet such a date.
3.4 We will provide the Broadband
Services to the main BT socket area and can not guarantee that
the Broadband Services will work over any existing or later added
equipment and or any extension sockets that you may have installed.
3.5
To use the Broadband Services you will need a special modem provided
by us or if WiFi access, your own wireless card and a personal
computer of a minimum specification as we notify to you. You may
only access the Broadband Services by using a special modem or
WiFi user name and password.
3.6 You will provide the computer system,
software and networking equipment necessary to enable you to access
the Broadband Services and you will be responsible for ensuring
that they are compatible with the Broadband Services.
3.7
We may provide you with certain software to enable you to use the
Broadband Services and you agree to sign any agreement reasonably
required by the owner of the copyright in such software that protects
owner's rights in that software in order to use the Broadband Services
and the software. Unless permitted by law, you must not modify
or copy this software or use it for any purpose other than to access
the Broadband Services in accordance with this Agreement nor copy
the manuals or documentation provided with the Broadband Services
or the provided software.
3.8
We uses a proxy and bandwidth management system to maximize users
experience on the Internet. We may also use bandwidth management to
use local proxy servers to display original material or replaced
material at the discretion of Enterpoint. Enterpoint's users may not
use the Internet service on any sites that may cause copyright
infringement by the remote sites interaction or lack of interaction
with Enterpoint's bandwidth and ad management system.
3.9 You confirm that we have and any licensed
operator supporting the Broadband Services has your permission,
on reasonable notice to:
(a) Carry out any works on your premises
for, or in connection with the installation, maintenance, adjustment,
repair or alteration of the Broadband Services and or equipment,
customer is responsible for all expenses incurred that are not
covered under the equipment manufactures warranty or covered under
Enterpoint’s service
agreement at the time works are carried out as stated above.
(b)
Enter the premises to inspect, modify, upgrade or replace any equipment
that you may have connected to the Broadband Services.
3.9 Where
on reasonable notice we tell you that we wish or any licensed operator
supporting the Broadband Services wishes to carry out any work
set out in paragraph
3.9(a) You agree to: (a) Obtain all necessary consents, including
consents for alterations to buildings, if applicable; (b) Provide
any electricity and connection points required by us or by any
licensed operator supporting the Broadband Services;
and (c) provide a suitable, safe and appropriate working environment
in accordance with our reasonable requirements or those of any
licensed operator supporting the Broadband Services.
3.10 Where,
at our request, any third party equipment is installed at your
premises to enable you to receive the Broadband Services, you will
not, and you will procure that no-one else shall, add to, modify
or in any way interfere with such equipment without our prior consent.
Furthermore, you will use such equipment in accordance with any
instructions, safety and security procedures applicable to the
use of that equipment. You acknowledge that all such third party
equipment remains owned by the relevant third party and you will
be responsible for such equipment while installed at your premises.
You acknowledge that you will be liable to the owner of such equipment
for any damage to it while installed/delivered to your premises
(fair wear and tear accepted).
3.11 We may suspend the Broadband
Services temporarily without notice in an emergency or in order
to improve, maintain or repair the Broadband Services or our network
or for other operational reasons. We will try, but cannot guarantee,
to keep you informed and to keep interruptions to a minimum.
3.12
We cannot guarantee that the Broadband Services will be uninterrupted
or error free. If a fault occurs, you should report it by phone,
e-mail or in writing to our Technical Support Services using the
current contact details set out on the Website at http://www.services@enterpoint.net and
we will try to rectify the fault.
3.13 You may purchase a modem
during the registration process or use your own wireless unit.
We will provide technical support on all modems purchased during
registration but we will not be responsible for any faults in its
design, manufacture or performance and we will not be liable for
any loss or damage incurred by you as a result of any such fault.
If you choose your own electronic equipment we will refer you back
to your supplier for technical support.
3.14 If you move address
within Enterpoint LLC service area and request it, we will activate
your Broadband Services at your new address,( subject to payment
of an installation fee, as shown on the Website or details of which
are available on request).
3.15 You acknowledge that we will not
be responsible for any sites, content, goods or services offered
or made available on the Internet provided by third parties nor
for any computer viruses, cookies or anything similar transmitted
to you via the Broadband Services by such third party sites or
otherwise through our provision of the Broadband Services.
3.16
We will not be responsible for the content of newsgroup or chat
areas, whether moderated by us or not. By entering these areas,
you accept this and agree to waive any claims against us for any
distress, injury, loss, liability, damage and expense arising from
or in connection with your use of these areas and their contents.
You will indemnify us against any claims arising from your use
of the areas or any content of the areas which you post or create.
3.17
We do not monitor the Broadband Services. However, we reserve the
right to do so and to review the contents of any communication
sent or received using the Broadband Services, and to review the
contents of any material accessed whilst using the Broadband Services.
We reserve the right at all times to disclose any information or
materials we deem necessary in connection with any applicable law,
regulation, legal process or governmental request, or to edit,
refuse to post or to remove any information or materials, in whole
or in part, at our sole discretion.
4. Your Use of the Broadband Service
4.1 The Services and any software provided as part of the Services
(with the exception of additional mailboxes) are provided solely
for your own use and you may not resell, transfer, assign or sub-license
the Services (or any part of the Services) to any other person.
4.2
You must ensure that any machines or personal computers used by
you to access the Broadband Services do not have an adverse effect
on our systems, those of our suppliers or on network traffic generally.
You must use the Broadband Services in a manner consistent with
all applicable laws and regulations which may apply to your use
of the Broadband Services.
4.3 You must ensure that any computers,
systems or networks that utilise the Broadband Services are configured
in such a way that does not give a third party the capability to
use the Broadband Services in an illegal or inappropriate manner.
You should run a firewall and up-to-date anti-virus software, and
ensure that your operating system is kept fully up to date with
the latest security patches.
4.4 You must not use the Broadband
Services in any way that would, in our reasonable opinion, materially
affect the use of or access to the Internet of any other person.
This includes, but is not limited to, extremely high amounts of
data transfer during peak times, "denial of service" (DOS)
and "distributed
denial of service" (DDOS) attacks against another network
or individual user. DOS attacks will result in immediate termination
of the Broadband Service.
4.5 Any attempt, whether successful or
not, to gain access to or retrieve data from any computer system
without authorization from its maintainer or owner will lead to
immediate termination of the Broadband Service and possibly to
prosecution. This applies to port scanning, vulnerability probes
and intentional distribution of “trojan horse” programs,
viruses and worms, as well as making use of systems compromised
by third parties.
4.6 Use of the Broadband Service to transmit any
unsolicited commercial or unsolicited bulk e-mail is expressly
prohibited. We have a zero-tolerance policy for spam. Spamming
will result in immediate termination of the Broadband Service.
4.7
Intentional distribution of software that attempts to and/or causes
damage, harassment, or annoyance to persons, data, and/or computer
systems are prohibited. This will result in immediate termination
of the Broadband Service.
4.8 Adding, removing or modifying identifying
network header information in an effort to deceive or mislead is
prohibited. Attempting to impersonate any person by using forged
headers or other identifying information may result in termination
of the Broadband Service.
4.9 You must not use the Broadband Services:
(a) in any way that
does not comply with any licenses applicable to you or is unlawful
or fraudulent or has any unlawful purpose or effect or;
(b) in
connection with the carrying out of a fraud or criminal offence;
(c) to disseminate or otherwise distribute, knowingly receive,
upload, download, use or re-use, any information or material which
is inappropriate, profane, abusive, indecent, defamatory, obscene
or menacing, or in breach of any copyright, privacy or any other
rights;
(d) in any way which infringes any third party's intellectual
property rights;
(e) in a way that does not comply with our specific
instructions.
4.10 We may require you to change your e-mail address
and/or website address and we may suspend the Services if we reasonably
believe that any URL or e-mail address you are using is likely
to be offensive, abusive, defamatory or obscene or in breach of
paragraph 4.9 and you will be responsible for any losses, expenses
or other costs incurred by us that are caused by your breach of
paragraphs 4.1 to 4.9.
4.11 The personal Web space provided with
your account is limited to 1,000 hits per account per day. If your
usage of the space is in excess of the limit we will suspend access
to the Web space. We will contact you to request that you reduce
your usage. Continued excessive use of our Web server resources
may result in suspension or termination of the account. A hit means
an image or html page downloaded at the request of an Internet
user. Multiple graphical images on one Web page are deemed to be
multiple hits.
4.12 The main customer mailbox if supplied by Enterpoint
LLC has a maximum size of 10MB. If a mailbox reaches this threshold
, mail sent to that mailbox will bounce. ( If service with Enterpoint
LLC is discontinue mailboxes and contents of any mailbox will be
deleted in 45 days if prior arrangements in writing have not been
made.)
4.13 Downloads from the free Newsgroups (Usenet) service
are restricted to a maximum of 10GB per user per month.
5. Additional mailboxes
5.1 You are allowed two additional password protected mailboxes.
5.2 You may contact the support centre for help and advice about
additional mailboxes. We will not be able to provide support
to any user of an additional mailbox that is not the main account
holder.
5.3 If your domain name is not active for any reason (e.g.
it has been suspended, de-tagged or transferred to another host)
any additional mailboxes you have set up will not function.
5.4
The maximum size of an additional mailbox is 10MB. If a mailbox
reaches these thresholds, mail sent to that mailbox will bounce.
5.5
Usage of additional mailboxes is subject to these terms and conditions.
You should ensure that any person using additional mailboxes on
your account complies with these terms and conditions. You will
be held responsible for any breach of these terms and conditions.
5.6
You may opt to forward mail sent to an additional mailbox address
to another e-mail address of your choice. Once forwarding has been
enabled the mailbox account can not be accessed to send or receive
e-mail.
5.7 The additional mailboxes and contents of any additional
mailbox that is not accessed for a period of 3 months may be deleted.
6. Payment
6.1 You will pay us the applicable charges for the Broadband Services
to which you subscribed, as set out on the Website or as otherwise
notified by us to you (the Fees). We reserve the right to change
the Fees at any time on giving you not less than 28 days' notice.
The changed fees will apply on expiry of this 28 day period unless
you tell us in the meantime that you want to terminate this Agreement.
6.2
We will bill you each month in advance for the Fees applicable.
For customers choosing to pay by credit/debit card, we will seek
payment through your credit/debit card 7 days before the day on
which the Fees are payable. If any instruction for such payment
is not confirmed by the credit/debit card issuer by no later than
5 days prior to the start of the relevant calendar month, we may
suspend the provision of the Broadband Services to you immediately
without notice. For customers choosing to pay by Direct Debit,
we will seek payment from your bank or building society on or after
the day on which the Fees are payable. If any instruction for such
payment is not confirmed by your bank/building society by the day
on which the Fees are payable, we may suspend the provision of
the Services to you immediately without notice.
6.3 If we suffer
a chargeback (being a debit from our bank account or repayment
by us as a result of a credit card transaction dispute procedure
initiated by you) of any Fees (or part of them) paid by you to
us, you will immediately repay us for the charged back sum and
we may:
(a) immediately without notice suspend the provision of
the Broadband Services to you; and/or
(b) charge interest on the
charged back sum at a rate of 18 % annually until the sum is repaid
to us.
6.4 You may be required to pay a re-connection charge at
our rates in force at that time if you wish to be re-connected
following a suspension of the Broadband Services resulting from
paragraphs 4.3 , 4.4, and or 6.3 a.
7. Security and Confidentiality
7.1 In order to enable you to use
the Broadband Services, we will provide you with Security Details.
You will be responsible for maintaining the confidentiality and
security of the Security Details. Where the Security Details include
a password that may be changed by you, you will change the password
at frequent and regular intervals.
7.2 You will immediately notify
us if any of the Security Details: (a) have been disclosed to an
unauthorized person or are, or may be used in an unauthorized way
(or if you suspect, or have reason to suspect that this may occur
or have occurred); and/or (b) have been lost or stolen.
7.3 We may
suspend your Security Details if at any time we think that there
is, or is likely to be, a breach of security and require you to
change any password.
7.4 You will be responsible for all actions
undertaken by anyone else using the Security Details unless you
have given notice to us at the first possible opportunity upon
becoming aware of the events listed in paragraphs 6.2(a) or 6.2(b)
above as the case may be. We may suspend the Broadband Services
and you will fully indemnify us from all losses resulting from
such actions.
7.5 You accept that the Broadband Services are not
secure and we do not guarantee the prevention or detection of any
unauthorized attempts to access the Broadband Services.
7.6 You
agree to keep in confidence any information (whether written or
oral) of a confidential nature (including software and manuals)
obtained under or in connection with this Agreement and will only
use such information in order to receive the Broadband Services.
8. Personal Data
8.1 By using our Broadband Services you consent to our using
and/or disclosing your personal information for certain administrative
and credit-checking purposes. This may involve disclosing your
personal information to third parties, but only to the extent necessary:
to provide and operate the Broadband Services and or as required
by law.
9. Limitation of Liability
9.1 We will not be liable either in contract, tort (including
negligence) or otherwise for any damages for any direct or indirect
loss of profits, business or anticipated savings, nor for any indirect
or consequential loss nor for any damage or destruction of data
however arising from the use of or inability to use the Broadband
Services or from any action or omission taken as a result of using
the Broadband Services. Notwithstanding any other provision of
these Terms and Conditions we do not exclude or limit any liability
in respect of death or personal injury resulting from our negligence.
9.2
Our aggregate liability to you in contract, tort (including negligence)
or otherwise and arising out of, or in connection with, this Agreement
and/or the provision of the Broadband Services for each 3 month
period (the first period starting on the date the Broadband Services
is first provided to you) shall be limited to the amount of the
Fees paid by you to us in respect of that 3 month period.
9.3 The
information on the Website is updated from time to time. However,
we exclude any warranties, conditions or terms (whether express,
implied, statutory or otherwise), as to the quality, accuracy,
efficacy, completeness, performance, fitness for a particular purpose
of the Broadband Services or any of the contents of the Website.
9.4
You agree to indemnify us against all costs, claims, losses and
expenses (including indirect and consequential losses) howsoever
arising, from any claim brought against us by any third party relating
to any breach by you of your obligations under these Terms and
Conditions.
9.5 We will not be liable to you for any breach of any
of our obligations under these Terms and Conditions or the Privacy
Policy where the breach is caused by a 'force majeure' event which
term shall include, but is not limited to, acts of God, insurrection
or civil disorder, war or military operations, national or local
emergency, acts or omissions of local or central government, highway
authority or other competent authority, industrial disputes of
any kind (whether including us or not), fire, lightning, explosion,
flood, subsidence, inclement weather, unavailability of third party
telecommunications networks or any other cause beyond our reasonable
control.
10. Termination and Suspension
10.1 This Agreement may be terminated without penalty at any time
prior to our confirmation of the Commencement Date. If we have
supplied you with any hardware, you must return it to us and (if
applicable) we will refund you for any payment received from you
for such hardware. Any hardware returned for a refund must be received
in pristine and resalable condition, including all packaging, manuals,
software and cables, as appropriate.
10.2 After we have confirmed
the Commencement Date this Agreement may be terminated in accordance
with the terms set out in this Agreement and the cancellation provisions
of the Consumer Protection (Distance Selling) Regulations 2000
(the "Distance Selling
Regulations") will not apply to the Service.
10.3 We may terminate
this Agreement at any time on notice if:
(a) we are directed by
any competent authority to cease the provision of the Broadband
Services or any part of them;
(b) you are in breach of any of these
Terms and Conditions;
10.4 Unless otherwise specified in this Agreement, either you or
we may terminate this Agreement on giving not less than 28 days'
notice to the other; such notice not to expire before the end of
the Minimum Period.
10.5 If you terminate this Agreement within
the first 18 months after the Commencement Date:
(a) you will be
subject to payment of the balance of your contract agreement for
Broadband Service.
(b) you will be subject to payment for any free
or subsidized hardware that you ordered from us at the Recommended
Retail Price of that hardware at that time you ordered it;
(c) you
will be subject to payment for any free promotional months of service
you have received at the standard rate at the time you signed up
for the service.
10.6 Upon termination you agree to cease using
the Broadband Services immediately and to pay any monies owing
(we will bill unbilled amounts promptly after termination). On
termination your right to use the Services ceases immediately.
11. General
11.1 All intellectual property rights in or relating to the Broadband
Services are the property of, or have been licensed to, us. You
are only permitted to use these intellectual property rights as
provided in these Terms and Conditions and in order to receive
the Broadband Services. You will not use or allow anyone else to
use any of our name, logo, trade mark or other intellectual property
rights or that of any of the licensed operator involved in providing
the Broadband Services without our prior written consent.
11.2 We
may change the Terms and Conditions at any time by notice on the
Website or e-mail prior to the change becoming effective. You will
be deemed to have accepted any such changes by your continued use
of the Broadband Services. Changes to fees are covered by paragraphs
6.1.
11.3 Notwithstanding any other rights that we may have in these
Terms and Conditions, we reserve the right at any time (notwithstanding
prior acceptance) to suspend, cancel, refuse to supply or terminate
the provision of the Broadband Services wholly or partly without
notice, and we shall not be liable for any loss suffered as a result
of such suspension, cancellation, refusal or termination. If at
the time we exercise our rights under this paragraph 11.3, you
have paid us any Fees in advance, we will reimburse you pro rata
for the proportion of these Fees that relate to the period after
this date.
11.4 This Agreement constitutes the entire agreement
between you and us in relation to the provision of the Broadband
Services and supersedes any representations, communications and
prior agreements (whether oral or written) related to the its subject
matter other than fraudulent misrepresentation.
11.5 We may assign,
sub-contract or otherwise deal with our rights or obligations under
this Agreement without giving you any notice beforehand. You may
not assign, sub-contract, sell or transfer your rights or obligations
under this Agreement.
11.6 Any notice or communication required
to be sent pursuant to these Terms and Conditions should be sent
to us at Enterpoint LLC P.O.
Box 3160 Bemidji, Mn. 56619 or to you at the address indicated
in the online registration form or your service contract agreement.
11.7
No waiver by us of any breach of these Terms and Conditions will
be considered as a waiver of any subsequent breach of the same
or any other provision.
11.8 If any provision of these Terms and
Conditions is held by any competent authority to be invalid or
unenforceable in whole or in part, the validity of the other provisions
of these Terms and Conditions, and the remainder of the provision
in question, will not be affected.
11.9 Except as expressly stated
in these Terms and Conditions, no person who is not a party to
the Contract will derive any benefit from it, whether by virtue
of the Contracts (Rights of Third Parties) Act 1999 or otherwise.
11.10
This Agreement will be governed and construed in accordance with
the laws of the state of Minnesota and you irrevocably submit to
the exclusive jurisdiction of the state of Minnesota.
12. Definitions
The following terms will have the following meanings:
"Agreement" means the agreement between you and us for the provision
of the Broadband Services, comprising these Terms and Conditions and the Privacy
Policy;
"Broadband Services" means the services through which you may gain
high-speed access to the Internet with the services and facilities provided
by us in connection with such Internet access service, which may include the
provision of an e-mail account, personal web space, etc as described on the
Website at the date of your contract agreement.
"Commencement Date" means the date on which the Broadband Services
are first provided to you or the date on which you request a change to an alternative
Broadband Service provided by us.
"We, Us and our " means Enterpoint, LLC 502
Beltrami Bemidji, MN. 56619
