MIDWEST INTERNET, INC. TERMS AND CONDITIONS
- PLEASE READ THIS ENTIRE DOCUMENT, ALL REFERENCED PAGES, AND ALL PAGES
LISTED ON THE POLICIES AND AGREEMENTS PAGE AT WWW.MW.NET CAREFULLY BEFORE
USING MIDWEST'S SERVICES OR SIGNING UP FOR AN ACCOUNT.
This Agreement ("Agreement") is by and between Midwest Internet, Inc. ("MW")
and Subscriber ("Subscriber") for the provision by MW or its authorized subcontractor of
certain Internet services to Subscriber. MW is an Indianapolis, Indiana based Internet
Service Provider with a home page located at www.mw.net.
A listing of MW policies can be found by visiting the Policies and Agreements link at www.mw.net. MW requires compliance with these policies; violations of any may
result in a Subscriber's account being suspended or terminated. MW may revise, amend or
modify any of its agreements or policies at any time and in any manner. Any revision,
amendment or modification will be posted at www.mw.net. Changes are
effective immediately upon posting. Continued use by Subscriber of MW's services after such
posting constitutes acceptance of the changes. Subscriber may also be bound by terms of
separate service agreements between Subscriber and MW.
Subscribers to MW must be (1) individuals who are at least 18 years of age; or (2)
corporations or other forms of business associations which understand and agree that the
individual signing up for Services is authorized to bind the corporation or other form of
business association to this Agreement.
Subscribers to MW are solely responsible for determining if the dial-up number being
used will incur long-distance, toll or other telephone company charges. MW is not, in any
way, responsible for any long-distance, toll or other telephone company charges a
Subscriber may incur.
Subscriber agrees to pay in advance, on each billing period anniversary date, of sign up
for the next billing period's service, and must select his/her preferred billing method.
Specific information can be found at the Billing Policy and Procedure at www.mw.net. Subscribers are to provide MW with accurate, complete and current
account information including, but not limited to, legal name, address, telephone number
and, if paying by that method, credit card/billing information. Through this Agreement,
Subscriber hereby expressly authorizes MW to automatically bill Subscriber's credit card
every month for services if an automatic payment method is chosen. Subscribers are
responsible for notifying MW within thirty (30) days when any account information changes.
Late payment or non-payment of Subscriber's account may result in collection efforts and/or
Unless Subscriber has signed a separate agreement with MW that states otherwise,
Subscriber may cancel services at any time using the Member Services pages at www.mw.net. Charges for the unused portion of the monthly bill are forfeited
by Subscriber. Cancellation of services by Subscriber does not relieve Subscriber's
responsibility for payment for all services up to the time of cancellation. MW may cancel
services, at its sole discretion, upon thirty (30) days email notice to Subscriber.
MW requires its subscribers to follow its Acceptable Use Policy, and other
policies and agreements, which can be found under Policies and Agreements at www.mw.net . MW's services may only be used for lawful purposes. Through its
Acceptable Use Policy, MW strives to reduce illegal uses. Violations of any of MW's
policies or agreements may result in termination of Subscriber's account.
With respect to the services provided, MW makes no warranties of
any kind, whether express or implied, including, but not limited to, any warranty of
merchantability or fitness for a particular purpose. MW takes no responsibility for any
damages suffered by Subscriber, including, but not limited to, loss of data or other
damages from delays, nondeliveries or misdeliveries of email, viruses, service
interruptions or any other reasons however caused, including, but not limited to, MW's own
negligence, Subscriber's errors and/or omissions, or acts of other subscribers or parties.
MW does not warrant its service's compatibility with Subscriber's equipment.
This Agreement, and all MW policies and agreements, are governed
by the laws of the State of Indiana without regard to conflict of laws provisions.
Jurisdiction lies alone in the Federal and State courts of Indiana for disputes arising out
of or under this Agreement, or any MW policy or agreement. Subscriber hereby consents to
the personal jurisdiction of such courts in Indiana with regard to any matter arising
between Subscriber and MW. Subscriber further hereby consents to waive his/her right of
removal and to waive his/her right to a jury trial.
In the event that any one (1) or more provisions of this
Agreement shall, for any reason, be held to be unenforceable by a court or other body of
competent jurisdiction, such unenforceability shall not affect any other provision of this
Agreement, but this Agreement shall be construed as if such unenforceable provision or
provisions were never contained herein.
By clicking on the "I Agree" button, Subscriber warrants that
he/she, is at least 18 years of age, and understands and agrees to the terms and conditions
of this Agreement, and to all other terms listed in any Midwest Internet, Inc. policy or