Internet User Agreement

Casselton Community Network provides Internet Service subject to the following terms and Conditions. Read these terms and conditions carefully. By Subscribing to the Service you agree to be bound by the terms and conditions outlined below.

Service Cancellation
Cancellation of service by the subscriber must be made through personal contact (phone or in person) with Casselton Community Network support staff, E-mail notification is not acceptable. Simply discontinuing use of the service without notifying Casselton Community Network does not constitute cancellation of Service.

Use of the Internet
Casselton Community Network exercises no control over the content or information that is contained on or passes over its Internet Service and disclaims any warranty of merchantability or fitness of the Internet for any particular purpose. By accessing the Internet via Casselton Community Network, you assume total responsibility and risk with regard to any information received or products and services purchased via your use of the Internet. In addition, disclosure of any sensitive information (credit card numbers, etc.) is at the sole risk and discretion of the Subscriber. Casselton Community Network disclaims any responsibility for use of information so disclosed. You acknowledge that the Internet may contain information that is sexually explicit, morally offensive, or otherwise distasteful to you and that you are solely responsible for controlling access to this information. Casselton Community Network will not be responsible for any damage you suffer.

No Service Warranties
Casselton Community Network offering is provided on an "as is" and "as-available" basis without warranties of any kind, either expressed or implied for the service provided. This includes the loss of data resulting from delays, service interruption, poor transmission quality, slow transmission speeds, computer "viruses", damage caused by other Internet users, or information provided by Casselton Community Network associates or subcontractors. Casselton Community Network assumes no responsibility for the accuracy or quality of information, including but not limited to product and service advertising, obtained through its Internet Service. If, after subscribing to Casselton Community Network, you are dissatisfied with the quality or content of the Service, your sole remedy is to discontinue using the Service on a going-forward basis. You will remain responsible for charges incurred before notification of Casselton Community Network and deactivation of your Subscriber ID and password.

Obligations of Internet Service Subscribers
Subscribers are responsible at their own expense for providing suitable computer equipment and an Ethernet Network card for connection to the Wireless Internet equipment. Subscribers may not do any of the following or allow any third party under the subscriber's control (including customers, employees or other authorized users) to:

  • Use the account in a manner inconsistent with any and all applicable state and federal laws and regulations;
  • Restrict or inhibit any other subscribers from using or enjoying the Service and/or the Internet;
  • Accessing, or attempting to access another subscriber's computer;
  • Impersonate another subscriber or otherwise falsifying one's account name in e-mail or any post to any newsgroup or mailing list;
  • Post or transmit any unlawful, illegal, obscene, or pornographic information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law, including without limitation the U.S. export control laws and regulations;
  • Post or transmit any information or software which contains a virus, worm, cancelbot or other harmful component;
  • Upload, post, publish, transmit, reproduce, distribute, or participate in the transfer or sale, or in any way exploit any information, software or other material obtained through the Internet which is protected by copyright or other proprietary rights without obtaining permission of the copyright owner or right holder;
  • Use the Service in violation or contravention of the Telecommunications Act of 1996, or any other applicable law, regulation, order or other governmental directive, or abuse or fraudulently use the Service in any way not specifically set forth above.

In addition, Subscribers or any third party under the Subscriber's control may not:

  • Post a single article or advertisement to more than ten (10) email mailing lists or similar groups or lists;
  • Post to any email mailing list or similar group or list, articles which are off-topic according to the charter or other public statement of the group or list:
  • Send unsolicited mass mailings to more than twenty-five (25) email accounts, if such unsolicited electronic mailing provoke complaints from the recipients;
  • Engage in any of the foregoing activities using the service of another provider, but channeling such activities through a Casselton Community Network account as a mail drop for responses;
  • Falsify or "spoof" subscriber information provided to the Casselton Community Network or other subscribers of the Service in connection with use of the Service.

Equipment Responsibilities

  1. Any equipment provided by Casselton Community Network to the Subscriber (other than any Network Interface Card ("NIC") installed in the Computer) will be considered "Casselton Community Network Equipment" and will be subject to Section 6 below.
  2. Casselton Community Network will have no obligation to install, support, maintain, repair or replace (a) any Computer; or (b) any wireless modem or cabling or other equipment that is not Casselton Community Network Equipment. Casselton Community Network will not support, repair, replace or maintain any NIC, regardless of whether provided and installed by Casselton Community Network .
  3. Casselton Community Network, and its authorized agents, may enter Subscriber's premises, have access to Subscriber's Computer(s) periodically during the term of this Agreement and after its termination to install, connect, inspect, maintain, repair, replace or alter the Casselton Community Network Equipment, to install or deliver the Software, or to disconnect and remove the Casselton Community Network Equipment.
  4. Casselton Community Network shall have the right to upgrade, modify and enhance wireless modems and Software from time to time through "downloads" from the network or otherwise. Without limiting the foregoing, Casselton Community Network may, at any time, employ such means to limit the throughput available through individual wireless modems.
  5. If Subscriber is not the owner of the premises upon which Equipment and Software are to be installed, Subscriber warrants that he/she has obtained the consent of the owner of the premises for Casselton Community Network personnel and/or its agents to enter the premises for the purposes described in this Section. Subscriber shall indemnify and hold Casselton Community Network harmless from and against any claims of the owner of the premises arising out of the performance of this Agreement.
  6. Casselton Community Network Equipment and Cabling.
  1. The Casselton Community Network Equipment is and at all times shall remain the sole and exclusive personal property of Casselton Community Network, and the Subscriber shall acquire no interest therein by virtue of the payments provided for herein or the attachment of any portion of the Equipment to the Subscriber's residence or otherwise.
  2. Subscriber will not open, alter, misuse, tamper with or remove the Casselton Community Network Equipment as and where installed by Casselton Community Network, and will not remove any markings or labels from the Casselton Community Network Equipment indicating Casselton Community Network ownership or serial or identity numbers. Subscriber will safeguard the Casselton Community Network Equipment from loss or damage of any kind, and (except for any self installation procedures approved by Casselton Community Network ) will not permit anyone other than an authorized representative of Casselton Community Network to perform any work on the Casselton Community Network Equipment.
  3. Upon termination of the ISP Service to Subscriber, for whatever reason, Subscriber acknowledges that his/her right to possess and use the Casselton Community Network Equipment shall likewise terminate. In such event, the Casselton Community Network Equipment shall be returned to Casselton Community Network in the same condition as when received, ordinary wear and tear excepted. Subscriber will promptly return the Casselton Community Network Equipment or notify Casselton Community Network to schedule retrieval by Casselton Community Network . If Subscriber does not promptly return the Casselton Community Network Equipment or schedule retrieval, Casselton Community Network may enter any premises where the Casselton Community Network Equipment may be located for the purpose of disconnecting and retrieving the Casselton Community Network Equipment. Failure of Casselton Community Network to remove its equipment shall not be deemed an abandonment. Subscriber will pay the expense incurred by Casselton Community Network in any retrieval of the unreturned Casselton Community Network Equipment from Subscriber. Casselton Community Network may charge Subscriber a continuing monthly fee until any remaining Casselton Community Network Equipment is returned, collected by Casselton Community Network or fully paid for by Subscriber in accordance with Section 6 (iv). The current fee is listed in the list of charges on the price list or can be provided on request.
  4. If the Casselton Community Network Equipment is damaged, destroyed, lost or stolen while in Subscriber's possession, Subscriber shall be liable for the cost of repair or replacement of the Casselton Community Network Equipment. If the Casselton Community Network Equipment is not returned to or retrieved by Casselton Community Network as described in Section 6 (iii) upon termination of the ISP Service, Subscriber will pay Casselton Community Network, on demand, the amount specified in the then-current price list for the replacement cost of the perator Equipment, without any deduction for depreciation, wear and tear or the physical condition of such Casselton Community Network Equipment. Subscriber agrees that if he/she fails to return the Casselton Community Network Equipment, Casselton Community Network or ISP can charge Subscriber's account for the amounts described in Sections 6 (iii) and 6 (iv), in addition to any other remedies or collection efforts.
  5. Upon termination of the ISP Service, subject to applicable law and regulation, Casselton Community Network may, but shall not be obligated to, remove any cabling installed by Casselton Community Network on Subscriber's premises.
  1. Software. To the extent any Software is licensed by Casselton Community Network (such as self installation tools, but not including any browser or client Software provided by ISP as part of the ISP Service), such Software is provided for the limited purpose of facilitating Subscriber's use of the ISP Service as described in this Agreement. Subscriber will not engage in, or permit, any additional copying, or any translation, reverse engineering or reverse compiling, disassembly or modification of or preparation of any derivative works based on the Software, all of which are prohibited. Subscriber will return or destroy all Software provided by Casselton Community Network and any related written materials promptly upon termination of the ISP Service to Subscriber for any reason. All other Software is licensed under the ISP Terms and is not the responsibility of Casselton Community Network .

Payment for Internet Access Services
By subscribing to Casselton Community Network you agree to comply with all terms and conditions as outlined above and pay all charges incurred including any taxes or other surcharges arising in connection with the service. Subscribers agree to a minimum of 12 months of service, though subscribers many cancel the service within the first 30 days without penalty. Charges shall be invoiced monthly based on the Internet Service Plans offered at the time of billing and shall be due and payable on the 1st of each month. Invoices may be rendered via US Mail, checking account direct withdrawal, or the Internet based on Casselton Community Network sole discretion. If payment is not received by the 5th of the month, your service will be disconnected without further notice. To reestablish service, prior amounts due must be paid in full, as well as any reconnection charges in effect at the time of reconnection. Casselton Community Network makes no commitment or warranty as to the duration of any specific pricing plans and may offer special promotions from time to time at its discretion.

By accessing Casselton Community Network access service you acknowledge reading, understanding, and acceptance of the foregoing Internet User Agreement. Casselton Community Network, in its sole discretion, with or without cause, reserves the right to discontinue without notice Internet access services to any subscriber.

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