Last Updated: 04/18/2002
1. Essentials of Your Subscription
You represent and warrant that you are at least 18 years of age and that you possess the legal right and ability to enter into this Agreement and to use Multiband in accordance with this Agreement. You may terminate your Multiband subscription at any time, with or without cause, upon notice to Multiband; provided that you are responsible for all charges, which have been incurred, prior to your termination. If you are participating in any trial period offer, you must terminate your subscription prior to the end of the applicable trial period in order to avoid incurring service and applicable charges. Multiband may terminate or suspend your Multiband subscription at any time, with or without cause, with or without notice. Your Multiband subscription is personal to you, you agree not to assign, transfer, resell or sublicense your rights as a subscriber unless specifically allowed by this Agreement.
Multiband may allow you to have additional member accounts associated to your account ("Associated Accounts"). You may allow other household members (including minors) to use your Associated Accounts, provided that you agree to pay all charges that are incurred by yourself or others utilizing the Associated Accounts. As between Multiband and you, you are solely responsible for all usage of the Associated Accounts, including any violations of this Agreement, which may include, but is not limited to, roaming charges and telecommunication charges for connecting to Multiband such as long distance charges. Your subscriber account (including any Associated Accounts) will be terminated for violations of this Agreement by yourself or others utilizing an Associated Account. Your right to the Associated Accounts, if any, is personal to you. No person utilizing an Associated Account has any right to your subscriber account (including your Associated Accounts). You agree not to assign, transfer, resell, sublicense or otherwise distribute your right or access to the Associated Accounts.
You acknowledge that some areas of Multiband and the Internet may contain material that is unsuitable for minors, and you agree to supervise usage by minors whom you permit to use your Multiband account.
You acknowledge and agree that the party being billed for your Multiband subscription (that is, the party who is responsible for the credit card or other payment account associated with your account) has the right to terminate the subscriber account and all Associated Accounts at any time, make changes to your subscriber account information and Associated Accounts and to request and receive usage information related to such accounts.
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2. Multiband Usage
As a condition of your use of Multiband, you warrant to Multiband that you will not use Multiband for any purpose that is unlawful or prohibited by these terms, conditions, and notices. Multiband is provided to individuals only and for personal use only. You agree to use Multiband only to send and receive personal messages. Any unauthorized commercial use of Multiband, or the resale of its services, is expressly prohibited. You agree to abide by all applicable local, state, national and international laws and regulations. You are solely responsible for all acts or omissions that occur under your account or password, including the content of these transmissions through Multiband. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software or services obtained from or through Multiband.
You agree not to do any of the following while being connected to Multiband:
- Use Multiband or any of its related services in connection with surveys, contests, pyramid schemes, chain letters, junk e-mail, spamming, or any duplicative or unsolicited messages to parties with whom you have no prior relationship (commercial or otherwise).
- Send unsolicited e-mail or instant messages through third-party mail servers to relay your message or hide the origination of your message or any other message to others.
- Use your e-mail accounts in the text of unsolicited e-mail messages or Web sites as an address to which subscribers, members or other Internet users can respond.
- Mass-post, cross-post, or post off-topic messages to any newsgroup or bulletin board service.
- Use simultaneous, unattended, or continuous connections to Multiband with one account without a subscription permitting such use (if available).
- Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, distribute, or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful material or information.
- Advertise or offer to sell or buy any goods or services for any non-personal purpose.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Create a false identity for the purpose of misleading others as to the identity of the sender or the origin of a message.
- Use, download, or otherwise copy, or provide (whether or not for a fee) to a person or entity that is not an Multiband member any directory of Multiband members, or any other user or usage information or any portion of any of them.
- Transmit or upload any material that contains viruses, Trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs.
- Transmit or upload any material that contains software or other material protected by intellectual property laws, rights of privacy or publicity or any other applicable law unless you own or control the rights thereto and have the legal right to do so or have received all necessary consents.
- Interfere with or disrupt networks connected to Multiband or violate the regulations, policies, or procedures of such networks.
- Attempt to gain unauthorized access to Multiband, other Multiband accounts, or computer systems or networks connected to Multiband, through password mining, hacking or by any other means.
- Violate any applicable laws or regulations including, without limitation, laws regarding the transmission of technical data or software exported from the United States.
- Interfere with another member's use and enjoyment of Multiband or another individual's or entity's use and enjoyment of similar services.
- View, intercept, or attempt to intercept e-mail or other private communications not intended for you.
- Violate any posted guidelines or codes relating to the use of Multiband.
- Post messages to pubic message areas which violate any restriction in that area's charter policy.
Subscriber shall not allow unauthorized connections to Multiband, unauthorized reselling of Multiband, or the solicitation of Multiband users to become subscribers to other online service providers in competition with Multiband, nor shall the subscriber make any unauthorized copies or duplications of any Multiband material, advertising, forms, brochures, pamphlets and the like which is the property of Multiband.
Any subscriber attempting to harm or cause damage to Multiband equipment in any way will be billed at $250.00 per hour, with a minimum billable time period of 1 hour, to track the offending subscriber and repair damage, if any, that they may have caused. WITHOUT LIMITING ANY OF Multiband'S RIGHTS TO TERMINATE YOUR Multiband SUBSCRIPTION AS DESCRIBED ELSEWHERE IN THIS AGREEMENT, Multiband MAY, WITHOUT NOTICE, TERMINATE YOUR Multiband SUBSCRIPTION INCLUDING ALL ASSOCIATED ACCOUNTS FOR VIOLATION OF ANY OF THE FOREGOING RULES BY ANY PARTY UTILIZING YOUR SUBSCRIBER ACCOUNT OR ANY ASSOCIATED ACCOUNT.
Multiband has no obligation to monitor anyone's use of Multiband or retain the content of any user session. However, Multiband reserves the right at all times and without notice to delete any content and to monitor, review, retain and/or disclose any content or other information in Multiband's possession, however obtained, about or related to you, your use of Multiband or otherwise as Multiband deems necessary or useful to satisfy any applicable law, regulation, legal process, or governmental request.
When using Multiband you are subject to all the rules specified by the services and Web sites you visit. This includes other Multiband-branded services and Web sites as well as services and Web sites operated by third parties. If another party reports that you have violated their rules, you agree that Multiband may take appropriate action just as if you had violated this Agreement.
You must promptly notify Multiband if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your Multiband user name or password.
Questions regarding acceptable use or to report violations of this policy should be sent to email@example.com.
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3. Charges and Billing
You agree to pay all charges for your use of Multiband at the prices then in effect including any charges for optional, installation and premium services (e.g. DSL service, ISDN service, concurrent connectivity, billable nationwide access, etc.). Charges will be modified from time to time by Multiband. Charges are handled by Multiband on an EFT basis only via credit card or checking account withdrawal and will be charged on a monthly basis. You hereby authorize Multiband, Inc. to charge the Monthly Internet Service fee and any return check fees to the credit card or checking account set forth and authorize the issuer of the credit card to pay that amount. You authorize such charge without Multiband, Inc. submitting a signed receipt and agree that this agreement is to be accepted as such authorization. You acknowledge and agree that Multiband, Inc. is not extending credit to you. You hereby authorize Multiband, Inc. to report any payment defaults to credit reporting agencies. Certain services may require the payment of additional fees (including, without limitation, set-up, repair, additional equipment, missed appointment, line maintenance, upgrade and repair, reactivation, transfer and relocation) and you agree to pay such fees at the prices then in effect as specified for such service to either Multiband or its designated service provider. You agree that Multiband may pass your credit card information to its designated service provider of such additional services for their use in charging you for appropriate services rendered. Certain Multiband promotions or plans may require termination or cancellation charges. You agree to pay all such termination or cancellation charges as specified in the materials describing such promotions and plans. All Multiband charges are exclusive of sales or other taxes. Multiband charges, if applicable, will be subject to sales or other taxes as appropriate. Multiband reserves the right to modify or terminate subscription plans, change prices, or institute new charges for Multiband at any time with at least thirty (30) days' notice to Subscribers. You may terminate your subscription. However, you are responsible for all charges incurred prior to termination of your account whether by you or by Multiband.
It is possible the Multiband access number you program your modem to use to connect to Multiband may be a telephone number that results in additional or long distance charges being billed to you by a third party even if such number was presented by Multiband as an appropriate access number for your area. You are solely responsible for determining whether the access number you use from time to time is subject to any additional charges. It is your responsibility to contact your telephone company to determine whether the access number you select is subject to additional charges. You agree to pay any charges you incur by using a long distance telephone number to connect to Multiband, including those that may be billed to you by a third party. Multiband will not reimburse you for any charges incurred by you as a result of selecting an access number that is subject to additional and/or long distance charges.
You also agree to pay any additional Multiband charges you incur if you connect to Multiband through an Multiband telephone number while you are in a country that is not the country associated with your Multiband account (hereinafter referred to as "Roaming Charges"). Roaming Charges are in addition to any long distance telephone charges you may incur when connecting to Multiband from another country.
All periodic charges (that is, monthly, quarterly, annually, and so forth) or charges for prepaid plans are to be paid in advance, or at the time billed by Multiband, as specified for the Multiband plan you elect and are non-refundable. You agree to pay for all optional and premium services you elect to receive which are not included in your periodic charges or prepaid plan charges. You agree to pay all amounts due upon demand by Multiband. Your continued use of Multiband reaffirms that Multiband is authorized to charge your account as specified by you (your "Designated Account"). You agree that Multiband may (at its option) accumulate charges incurred and submit them as one or more aggregate charges and that Multiband may delay obtaining authorization from your Designated Account issuer until submission of the accumulated charge(s). This means that accumulated charges may appear on the statement you receive from your designated account issuer. You agree that if you want to see the components of accumulated charges, you will email firstname.lastname@example.org with the appropriate request. You agree to pay all costs incurred in the collection of any delinquent fees due under this Agreement or the enforcement of this Agreement, including attorney fees.
You agree that Multiband may submit charges for your use of connect time in excess of that provided as part of the Multiband subscription plan you select without further authorization from you until you provide prior notice that you are terminating this authorization or wish to change your Multiband subscription plan. Such notice will not affect charges incurred before Multiband reasonably could act on your notice.
You must promptly notify Multiband of changes to: (a) the account number, status, or expiration date of your Designated Account; and (b) your billing address.
YOU WILL INCUR ADDITIONAL CHARGES IF YOUR USAGE OF Multiband EXCEEDS THE NUMBER OF HOURS COVERED BY YOUR APPLICABLE SUBSCRIPTION. YOU MAY ALSO INCUR CHARGES LEVIED BY YOUR LOCAL OR LONG DISTANCE TELEPHONE COMPANY TO ACCESS Multiband FOR WHICH YOU ARE RESPONSIBLE. Multiband MAY CAUSE UPGRADED SOFTWARE TO BE DOWNLOADED AUTOMATICALLY TO YOUR COMPUTER, IN WHICH EVENT YOU WILL BE RESPONSIBLE FOR ALL RESULTING CHARGES INCLUDING, WITHOUT LIMITATION, CONNECT TIME CHARGES AND LOCAL OR LONG DISTANCE TELEPHONE CHARGES.
Multiband will use reasonable commercial efforts to provide you with a statement of charges upon request; however, any failure of Multiband to provide you with a statement of charges does not affect your responsibility to pay any incurred charges. Unless you notify Multiband of any errors or discrepancies in any billing within one hundred and twenty (120) days after they first appear on your Designated Account statement, they will be deemed accepted by you for all purposes, including resolution of inquiries made by the issuer of your Designated Account. WITHOUT LIMITING ANYTHING ELSE IN THIS AGREEMENT, YOU RELEASE Multiband FROM ANY AND ALL LIABILITY AND CLAIMS OF LOSS RESULTING FROM ANY ERROR OR DISCREPANCY THAT IS NOT REPORTED TO Multiband WITHIN THE EARLIER OF ONE HUNDRED AND TWENTY (120) DAYS OF ITS PUBLICATION ON THE INTERNET OR DATE OF BILLING SENT TO YOU.
Without limiting anything else in this Agreement, Multiband reserves the right to suspend or terminate your Multiband subscription without notice upon failure to pay any charges or if your account issuer (or its agent or affiliate) seeks return of payments previously made to Multiband when Multiband in good faith believes you are liable for the charge. Such rights are in addition to and not in lieu of any other legal rights or remedies available to Multiband. You agree to pay a late charge to Multiband on all amounts due but not timely paid. The late charge will be one and one-half percent (1 ½%) (which equals eighteen per cent (18%) per annum) on the total amount due but not paid.If such rate is in excess of the legal allowable rate, the late charge will be the maximum rate allowed by law. The late charge will be imposed until all of the overdue amounts are paid, but no late charge will be charged on other late charges. Multiband reserves the right to refer your Multiband account to a third party for collection in the event of default and you agree to pay all costs incurred in the collection of any delinquent charges.
Multiband reserves complete and sole discretion with respect to the operation of Multiband. Multiband may, among other things: (a)
take any action (legal and/or technical) that Multiband deems appropriate to prevent bulk e-mail from entering or leaving any Multiband e-mail account; (b)
delete e-mail if it has not been accessed by you within a time established by Multiband from time to time, in its sole discretion; (c)
not process e-mail or instant messages due to space limitations; (d)
subject to the Multiband Internet Access Privacy Statement, make available to third parties information relating to Multiband and its subscribers and members; (e)
automatically log off any accounts that are inactive for an extended period of time, as determined by Multiband; and, (f)
withdraw, suspend, change, or discontinue any functionality or feature of Multiband. You acknowledge and agree that Multiband may automatically check the version of Multiband software and components you are utilizing and may provide upgrades to such software that will be automatically downloaded to your computer. The amount of e-mail message storage space per member may be limited, therefore some e-mail may not be processed due to space constraints. You agree that Multiband is not responsible or liable for the loss, deletion or failure to store or accept messages or other information. The use of any software that would prohibit Multiband's automatic log off system or part thereof from performing as intended is prohibited.
A standard Multiband account provides access to browse the Internet, and should only be connected when a user is actively using the Internet. A standard Multiband account shall not be used to run a server providing an information service over a user's modem connection such as an FTP or WWW server or similar server. A connection held for extended periods of time by automated methods or server software are in violation of this Policy, and will have their connection terminated or account suspended. Although a Standard Multiband account allows unlimited monthly access, to ensure the system is not abused and all customers have equal access, a connection will automatically be disconnected after fifteen (15) minutes of idle connection or five (5) consecutive hours of connectivity.
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5. Posting to Multiband
Multiband does not claim ownership of the materials you provide to Multiband (including feedback and suggestions) or post, upload, input, or submit to any Multiband Web Site or its associated services (each a "Submission" and collectively called "Submissions"). However, by posting, uploading, inputting, providing, or submitting your Submission, you are granting Multiband, its affiliated companies and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission, as provided herein. Multiband is under no obligation to post or use any Submission you may provide and Multiband may remove any Submission at any time, in its sole discretion. By posting, uploading, inputting, providing, or submitting your Submission, you warrant and represent that you own or otherwise control all of the rights to your Submission, as described in this section including, without limitation, all the legal rights necessary for you to provide, post, upload, input, or submit the Submissions.
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6. Technical Support
Multiband offers free technical support to assist customers with the setup and configuration of Multiband Internet accounts.
Multiband phone-based technical support is to be used when a customer requires assistance with problems involving the process of dialing into the system and establishing an Internet connection, as well as with problems concerning the sending and receiving of Internet E-Mail. Multiband phone based technical support is not to be used for other applications, including but not limited to, questions regarding writing or setting up WWW pages, nor for assistance on how to use any operating system (e.g.Windows, MacOS, or Unix).
Customers may also receive E-Mail based technical support from email@example.com. E-Mail messages are answered based on priority and most messages will be responded to by the next business day after receipt.
Multiband does not offer technical support by means other than telephone or E-Mail. Support is not available by visiting our administrative offices, nor do technicians make personal visits to customer's premises. Multiband does not offer technical support for Internet connections to other Internet providers or customers, or any other problem not related to our customers connection to the Internet. Multiband Technical Support is unable to provide support for "alpha", "beta" or pre-release software. Multiband Technical Support is only able to provide technical support for products or services sold directly by Multiband.
Multiband is not responsible for the performance of services provided by organizations outside of Multiband: including the quality of a customer's phone lines, the speed of Internet connections not owned or operated by Multiband, the operation or reliability of any Internet server or computer not owned or operated by Multiband.
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7. Links To Third Party Sites
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8. Disclaimers/Limitation Of Liability.
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You agree to indemnify and hold Multiband, its parents, subsidiaries, members, affiliates, officers and employees, harmless from any claim, demand, or damage, including costs and reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on Multiband. Multiband will notify you within a reasonable period of time of any claim for which Multiband seeks indemnification and will afford you the opportunity to participate in the defense of such claim, provided that your participation will not be conducted in a manner prejudicial to Multiband's interests, as reasonably determined by Multiband.
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10. Notices; Consent
Notices given by Multiband to you may be given by e-mail via Multiband, by a general posting on Multiband, or by postal mail. Notices given by you to Multiband must be given by e-mail via Multiband and addressed as set forth in Multiband's Support area, or by postal mail. Notices to Multiband by postal mail must be sent to Multiband, Inc., Attention: Member Services, 533 Sixth Avenue NW, Rochester, MN 55901, USA.
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11. No "Spam"; Damages
Multiband may immediately terminate any subscriber account that it determines, in its sole discretion, is transmitting or is otherwise connected with any "spam" or other unsolicited bulk e-mail. Multiband may, in its sole discretion pursue actual damages or because damages are often difficult to quantify, if actual damages cannot be reasonably calculated in Multiband's opinion, you agree to pay Multiband liquidated damages of five dollars (U.S. $5.00) for each piece of "spam" or unsolicited bulk e-mail transmitted from or otherwise connected with your account. You agree that Multiband may charge such damages to your Designated Account as specified by you for payment of Multiband charges.
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Except where prohibited by applicable law, this Agreement is governed by the laws of the State of Minnesota, USA, and you consent to the exclusive jurisdiction and venue of courts in Olmsted County, Minnesota for all disputes arising out of or relating to your use of Multiband or your Multiband subscription. Use of Multiband is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions including, without limitation, this paragraph.
You acknowledge that no joint venture, partnership, employment, or agency relationship exists between you and Multiband as a result of your use of Multiband or your Multiband subscription. You agree not to represent yourself to be a representative, agent, or employee of Multiband, and that Multiband will not be liable by reason of any representation, act or omission to act by you.
Multiband reserves the right to disclose any personal information about you or your use of Multiband, without your prior permission, if Multiband has a good faith belief that such action is necessary to: (1) comply with governmental, court and law enforcement requests or requirements; (2) protect and defend the rights or property of Multiband or its affiliated companies; (3) enforce this Agreement; or (4) act to protect the interests of its subscribers, members or others. Multiband's performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of Multiband's right to comply with governmental, court and law enforcement requests or requirements relating to your use of Multiband or information provided to or gathered by Multiband with respect to such use.
This Agreement constitutes the entire agreement between Multiband and you with respect to your use of Multiband and your Multiband subscription (excluding the use of any software which may be subject to an end-user license agreement), and it supersedes all prior or contemporaneous communications and proposals, whether oral or written, between Multiband and you with respect to Multiband.
Multiband may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement.
A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and Multiband agree that any cause of action arising out of or related to Multiband must commence within one (1) year after the cause of action arises; otherwise, such cause of action is permanently barred. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance. COPYRIGHT AND TRADEMARK NOTICES: All contents of Multiband are Copyright © 2001 Multiband, Inc. and/or its suppliers, c/o Multiband, Inc., 533 Sixth Street NW, Rochester, MN 55901, U.S.A. All rights reserved. TRADEMARKS. Multiband, and/or other Multiband products and services referenced herein are either trademarks or registered trademarks of Multiband. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred. Any rights not expressly granted herein are reserved. NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent.
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