Terms and Conditions of Subscription
The following are the terms and conditions of subscription for and use of the broadband wireless Internet service provided by USI Wireless, Inc. (the "Provider") in the City of Minneapolis (the "System"). The user by accessing the System agrees to abide by and be bound by the terms and conditions set forth below. Failure to abide by or comply with these terms and conditions shall entitle Provider to immediately terminate service and access to the System by the user, and to pursue any other legal remedies available to Provider at law or equity.
USER: means any person or entity that requests Service, as hereinafter defined, from Provider. By accepting a username and password from Provider and signing onto the System, as hereinafter defined, or otherwise utilizing the Service provided by Provider, the user agrees to be bound by and to abide by these Terms and Conditions.
SERVICE: means the provision of broadband wireless Internet access ("WIFI") over the Minneapolis broadband wireless IP data network operated by Provider in the City of Minneapolis (the "System").
SERVICE CHARGE: means the hourly, daily, monthly or other charge listed on the price list published by Provider on its web site from time to time (the "Price List") that the user must pay to Provider for Service on the System provided to user by Provider.
SETUP CHARGE: means the charge listed on the Price List for the set up of a user account for user and the establishment of the Service for the user.
EQUIPMENT: means one or more of the following: WIFI modem or any other device or computer card or accessory provided by Provider to user to enable access to the System by the user. Users agree to use only Equipment approved by or provided by Provider to enable access to the System. If a user elects to rent Equipment from Provider, title to such Equipment shall at all times remain in Provider and user agrees to return, replace or pay for such Equipment at its original price, without deduction or credit for any amount of rent paid to Provider therefor, in the event that such equipment is damaged, destroyed, or not returned to Provider promptly upon the termination of Service. User hereby authorizes Provider to charge the cost of such Equipment to the credit card account provided by user to Provider pursuant hereto.
PAYMENT FOR SERVICE: Service is provided by Provider on a month to month basis (including when user elects to pay for extended periods in advance) to user with a valid credit card. Users agree to pay for Service in advance for a minimum of one (1) month's Service and authorize Provider to charge the credit card account provided by user to Provider in advance for each successive month of Service until terminated as herein provided. Provider reserve s the right to terminate Service and to charge user's credit card account for any outstanding Service Fees or Equipment in the month prior to the expiration date of said credit card unless user shall provide evidence satisfactory to Provider of the renewal or extension of the expiration date of such credit card more than 30 days prior to the expiration date of the credit card. In addition, users requiring a WIFI modem in order to obtain connectivity to the System shall pay the SETUP CHARGE for such Equipment in advance by credit card or cash, or shall agree to rent the Equipment from Provider at the rental price set forth on the Price List on a month to month basis. User agrees to pay all taxes, franchise fees, and other charges, if any, which are now or in the future may be assessed by any governmental authority for the Service or the Equipment.
PRICES: Subject to applicable law, Provider reserves the right to change the Services and Equipment and the prices for such Services and Equipment at any time, unless otherwise indicated on the Price List.
TERMINATION OF SERVICE. By User: User may terminate the Services by contacting Provider's Customer Support Department no less than one (1) month prior to the date upon which user desires to terminate service; Provider may request written confirmation of termination after contacting Customer Support. If user has rented Equipment from Provider, such termination shall not be effective until receipt by Provider of the return of the Equipment in operating order or payment by user of the full original price for such equipment. By Provider: Provider may terminate service to any user without notice if user violates that Provider's acceptable use policy published on the Provider's web site, fails to pay for any service, rental or purchase of Equipment in advance, or otherwise violates these Terms and Conditions.
Last Modified: July 11th, 2008