1. Netwitz Internet Services shall provide Client with a wireless connection(s) to the Internet from a Netwitz Internet Services Wireless Point of Presence (the "Connection").Netwitz is responsible to ensure service to the point of demarcation. The point of demarcation is considered to be theethernet port on the Netwitz radio at the customers location. Netwitz will provide technical support for the customer pc connected to the point of demarcation. Netwitz does not provide technical support for computers behind a firewall or router except at the discretion of Netwitz.
2. In the event that the customer terminates service or fails to activate service after Netwitz has secured and or assigned CPE radio equipment for the customer, client agrees to forfeit allcharges andfees, or payments made at the time the customer signed up for service.
3. Netwitz Internet Services, solely, shall hold all password and authentication information on the Netwitz Internet Services connected radioat the customer’s location until termination of customers service with Netwitz.
4. Upon termination ofservice with Netwitz, Netwitz Internet Services shall provide the customer with passwords to all customer owned equipment that Netwitz Internet Services holds.
5.The customer acknowledges and understands that wireless Internet connectivity requires direct radio line of sight, and that any obstruction between Netwitz Internet Services and customers antenna will probably block signal to the customers radio equipment and degrade or eliminate the customers Internet connection. Customer further acknowledges and understands that new obstructions can develop over time and may require re-installation of the customer radio equipment. If a wireless connection cannot be re-established, the customers account with Netwitz will be terminated. The customer is solely liable for all costs incurred.
6. The customer understands that port fees and all charges associated with establishing initial account with Netwitz Internet are non-refundable. Port fees are only refundable if the connection is not working within 14 days after professional installation. Port fees and all charges associated with establishing initial account with Netwitz Internet are non-refundable except at the discretion of Netwitz if the customer chooses to install their own equipment.
7. The customer agrees that all wireless radio, adapter card, antenna, and cable are the property of Netwitz Internet Services and will be returned to Netwitz Internet Services, in original condition, within 5 days of service termination, or when the customers account becomes 30 days past due.If the customer is unable to return all Netwitz equipment, the customer will allow Netwitz Internet Services employees or contractors to remove all equipment from the customer’s premises for an additional $150 service fee. Customer agrees to compensate Netwitz in the amount of$499 plus all attorney fees and othercosts including Netwitz time and travel at the rate of $125 per hour, associated with any legal action or legal consultation required to recover any Netwitz Property fromcustomer when it becomes 30 past due.
8. The customer agrees that because tree leaves hold water, they absorb the microwave signal, and that will degrade or disrupt connectivity. By getting equipment installed during a time of year when there are little or no leaves on the trees,the customerruns the risk of loosing connectivity when the leaves come back.The customermay require extra hardware and setup at that time. Netwitz Internet Services shall not be held liable for any charges, nor willthe customerbe entitled to any type of refund.
9. The customers account will automatically renew for successive one month terms or terms of different lengths as established by the customer at the time the account is established, or upon the customer’s subsequent requestto change renewal duration, unless terminated by either party at least 15 days prior to the then current date for termination. Netwitz Internet Services reserves the right to change its rates for any renewal term by notifying Client at least 30 days in advance, by email,of the effective date of such a rate change. Delinquent accounts and accounts with unpaid chargesmay be suspended until the account is paid in full.
10. Netwitz is responsible, at Netwitz expense, for maintainance and repair of of all Netwitz owned equipment at the customer location that is not damaged or installed by the customer. Netwitz will bill the customer a $45 service fee for any visit to the customer's location.Additionally, Netwitz will bill the customer at theat the rate of $75 per hour billed in a minimum of 15 minute intervals therafter, for onsite service not related to the failure of Netwitz owned and professionally installed equipment.
11.The customerwill be invoiced in advance for all amounts due and owing to Netwitz Internet Services. All payments are dueupon receipt of such an invoice. Client's account will besuspended if payment is not received when due.
12. The customer agrees to be bound by all terms of service and acceptable use policies posted on the Netwitz Web site as they exist now and as they may be changed in the future.
13. Netwitz Internet Services makes no warrantee, expressed or implied, including, but not limited to, those of merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, miss-deliveries or service interruption however caused. Use of any information obtained by Netwitz Internet Services network is at Client's own risk. Netwitz Internet Services specifically disclaims any responsibility for the accuracy or quality of information obtained through its services.
14. Routine maintenance and periodic system repairs, upgrades and reconfigurations, public emergency or necessity, force majeure, restrictions imposed by law, acts of God, labor disputes, unexpected network demand and other situations, including mechanical or electronic breakdowns may result in temporary impairment or interruption of service. Netwitz reserves the right to protect the integrity of its network and resources by any means it deems appropriate. This includes but is not limited to: port blocking, e-mail virus scanning, denying e-mail from certain domains, and putting limits on bandwidth and e-mail. As a result, Netwitz Internet Services does not guarantee continuous or uninterrupted service and reserves the right from time to time to temporarily reduce or suspend service without notice. Client shall indemnify and hold Netwitz Internet Services and its directors, officers, employees, and agents harmless from any and all obligations, charges claims, liabilities, Netwitz Internet Services and fees incurred as the result of interruptions or omissions of service.
15. Netwitz Internet Services reserves the right to, from time to time, monitor Client's activity. Upon the occurrence of a default by Client of any provision hereunder, Netwitz Internet Services reserves the right, in addition to any other remedies which may be available to it, to terminate this Agreement and the services to Client thereunder.
16. Client shall indemnify Netwitz Internet Services, its affiliates, officers, directors, licensees, contractors, and licensers from any and all claims and expenses, including, without limitation, reasonable attorney's fees arising from Client breach of any provision of this Agreement.
17. This Agreement is deemed to be entered into the State of Illinois and the parties agree that any dispute arising under this Agreement shall have it's venue in Marion County, Illinois and any such dispute shall be governed by and constructed in accordance with the laws of the State of Illinois.
18.Netwitz Internet Services may modify these terms and conditions upon notice published on its website. Client's continued use of service after such notice shall constitute Client's acceptance of the modification of this Agreement implied in fact.
19. If any one of the paragraphs in these terms of serviceis found to be unenforceable or invalid, User's and Netwitz Internet Services terms of service on all other paragraphs is not affected.