GENERAL TERMS AND CONDITIONS
1. MAXWIRE, Inc. (“Maxwire”) exercises no control over, and accepts no responsibility for, the content of the
information passing through Maxwire’s host computers, network hubs and points of presence (the “Maxwire Network). MAXWIRE (a) MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, FOR THE SERVICES AND EQUIPMENT IT IS PROVIDING, AND (b) DISCLAIMS ANY WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. Use of any information obtained via the Maxwire Network is at Customer’s own risk. Maxwire specifically denies any responsibility for the accuracy or quality of information obtained through its services. Maxwire shall not be liable for any delay or failure in performance due to Force Majeure, which shall include without Iimitation acts of God, earthquake, labor disputes, changes in law, regulation or government policy, riots, war, fire, epidemics, acts or omissions of vendors or suppliers, equipment failures, transportation difficulties, or other occurrences which are beyond Maxwire’s reasonable control.
2. All use of the Maxwire Network and the service must comply with the then-current version of the Maxwire Acceptable Use Policy (“Policy”) which is made a part of this Agreement and is available upon request via email. Maxwire reserves the right to amend the Policy from time to time if needed. Maxwire reserves the right to suspend the service or terminate this Agreement effective upon notice for a violation of the Policy. Customer agrees to indemnify and hold harmless Maxwire from any losses, damages, costs or expenses resulting from any third party claim of allegation (“Claim”) arising out of or relating to use of the service, including any Claim which, if true, would constitute a violation of the Policy.
3. NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT ARISE OUT OF OR RELATE TO THIS AGREEMENT OR THE SERVICE PROVIDED HEREUNDER, INCLUDING WITHOUT LIMITATION ANY SUCH DAMAGES FOR LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, MISDELIVERIES OR
SERVICE INTERRUPTIONS.
4. Any Maxwire services including email accounts, web storage, or Internet Protocol numbers (“IP numbers”) assigned to Customer by Maxwire in connection with the service shall be used only in connection with the service. In the event Customer discontinues use of a service for any reason, or this Agreement expires or is terminated for any reason, Customer’s right to use these services shall terminate.
5. Payment is due 10 days after date of invoice. Accounts are in default if payment is not received within 30 days after date of invoice. If payment is returned to Maxwire unpaid, Customer is immediately in default and subject to a returned check charge of $25.00 from Maxwire. Accounts unpaid 60 days after date of invoice may have service interrupted or terminated. Such interruption does not relieve Customer of the obligation to pay the Monthly Fee. Only a written request to terminate Customer’s service relieves Customer of the obligation to pay the Monthly Fee. Accounts in default are subject to an interest charge on the outstanding balance of the lesser of 1.5% per month or the maximum rate permitted by law. Customer agrees to pay Maxwire its reasonable expenses, including attorney and collection agency fees, incurred in enforcing its rights under this Agreement. Prices are exclusive of any taxes which may be levied or assessed upon the Equipment or services provided hereunder. Any such taxes shall be paid by Customer. If Customer is exempt from otherwise applicable taxes, Customer must submit its tax identification number and exemption certificate at the same time it submits this Agreement.
6. Billing for Maxwire service will commence as of the Service Activation Date. The Start-up Charge is invoiced upon acceptance of this Agreement by Maxwire. Charges for Equipment shall be invoiced upon shipment. Service is invoiced monthly in advance, and may be canceled only by 60 days’ advance written notice. In the event of early cancellation of a Term Commitment, Customer will be required to pay 75% of Maxwire’s standard Monthly Fee for each month remaining in the Term Commitment or $350, whichever is less. Maxwire reserves the right to change the rates by notifying Customer 60 days in advance of the effective date of the change.
7. Maxwire‘s Burstable Services are a shared network service. The “services” shall carry individual maximum burstable information rates. Maxwire reserves the right to suspend service or terminate the agreement, if the Customer has a sustained usage (8hr periods) at MIR consistently. Maxwire reserves the right to filter protocols or applications that have been deemed a security risk to the network as per standard network security principles or as referenced in the Network Management Policy
8. This Agreement supersedes all previous and contemporaneous written and oral representations, understandings or agreements related to the subject matter herein and shall prevail notwithstanding any variance with terms and conditions of any order submitted. Acceptance of this Agreement by Maxwire may be subject, in Maxwire’s absolute discretion, to satisfactory completion of a credit check. Activation of service shall indicate Maxwire’s acceptance of this Agreement. Use of the Maxwire Network constitutes acceptance of this Agreement.
9. Access to Customer's Premises. Customer authorizes Maxwire and its employees, agents, contractors, and representatives to enter Customer's premises (the "Premises") in order to install, maintain, inspect, repair, and if necessary remove the Maxwire Equipment, which is an inside radio, gateway, outside radio, outside antenna, and miscellaneous outside mounting hardware . All such services will be conducted at a time agreed to with Customer. If Customer is not the owner of the Premises, upon request, Customer will supply Maxwire with the owner's name and address, evidence that Customer is authorized to grant access to the Premises on the owner's behalf, and (if needed) written consent from the owner of the Premises to install the necessary Maxwire Equipment. Maxwire assumes no responsibility for any damage, personal or property, to the premises as a result of the installation or removal of the Maxwire Equipment. In the event Customer elects to remove or move any Maxwire Equipment, Customers assumes all responsibility for any damage, personal or property, caused by such action.
10. Email addresses that are not accessed for 6 months will be deactivated.