Terms & Conditions
update June 2012
Broadband Acceptable Use Policy
Sand Prairie Wireless Acceptable Use Policy (AUP)
In order to begin service, you must review the following terms and conditions governing Internet access service (the "Service") provided by Sand Prairie Wireless (the "Provider"). These terms and conditions will constitute a binding contract (the "Agreement") between you and the Provider. They explain Provider's obligations to you, and explain your obligations to Provider when you use the Service. You agree that your use of the Service and your access to the Internet is provided in consideration of your agreement to abide by the following terms and conditions and, by using the service, you agree that such consideration for such agreement is acceptable.
I. Membership Rights and Responsibilities
a. By completing enrollment and accepting all the terms of Agreement, you become an authorized user of the Service ("Membership"). Continued acceptance of this Agreement is a condition of Membership. You are responsible for complying with all terms and conditions of this Agreement, and with all policies and guidelines posted on the Service.
b. You agree that Provider may: (1) revise the terms and conditions of this Agreement; (2) revise its billing rates and account surcharges; and (3) revise the services provided under this Agreement at any time. Any such revisions will be binding and effective immediately upon posting the revised Agreement on Provider's home page, or upon notification to you by e-mail or United States Mail.
c. You agree to review the Agreement periodically to be aware of any such revision. If any revision to this Agreement is unacceptable to you, you may terminate this Agreement at any time by contacting Provider through the following means: (1) e-mail; (2) telephone; (3) U.S. mail.
d. Continued use of the Service following notice of any revision of the Agreement being posted on the Provider's home page constitutes your acceptance of any and all such revisions.
e. You are personally responsible for all use of the Service under your ID, even if you allow someone else to use your ID. Illegal, fraudulent or abusive use of any ID or of the Service is grounds for termination of Service, and may be referred to law enforcement authorities. Enrolling or using any ID on the Service under a name other than your own is prohibited.
f. You are personally responsible for keeping any and all IDs or passwords for Provider services private. You must promptly inform Provider if you suspect any breach of security, such as loss, theft, or unauthorized disclosure or use of your ID., password, or any credit, debit or charge card number stored on the Service. Until Provider is notified of a breach of security, you will remain responsible for any unauthorized use of the Service occurring under your ID and/or password.
g. You agree that the Service may only be used for lawful purposes. Any transmission outlawed by state, federal, or international law is strictly prohibited, including but not limited to, the transmission of unauthorized transactions, copyrighted materials, misappropriated trade secrets, and threatening or obscene materials. Provider reserves the right (but is not obligated) to review and edit any material submitted for display or placed on the Service, excluding private electronic messages. Provider may refuse to display or may remove from the Service any material that Provider believes violates this Agreement or any policies or guidelines posted by Provider on the Service without advance notice to you. Provider may also remove any material it deems harmful to other subscribers, merchants, information providers, the Service or the business interests of Provider without advance notice to you.
h. Unless your account provides otherwise, your account cannot be used for dedicated Internet access. Provider reserves the right to terminate your online connection if the connection is not active.
i. You agree to accept all risk and liability of any use of the Internet through your account. You acknowledge and agree that the Service is not intended to be, and should not be used as, your primary or "life-line" and/or emergency telecommunications Service.
j. If your equipment or Internet/data transmissions contain Viruses, Trojans, Worms or similar damaging content/data that adversely affects the network, the SERVICE provided to other users or otherwise compromises the integrity of the operation the Provider's network, YOU AGREE THAT THE PROVIDER MAY IMMEDIATELY SUSPEND SERVICE AND RESERVES THE RIGHT TO ACT IMMEDIATELY AND WITHOUT PRIOR NOTICE OFSUSPENSION. In the event of a conflict between the SERVICE AGREEMENT and its AUP, the terms of this AUP will govern.
k. If the equipment provided for Internet access requires temporary disablement for replacement, upgrade or relocation, You agree that the provider may contact You through the following means: (1) Telephone; (2) Email; (3) URL Redirection (instruction/advisory page); or (4) U.S. Mail.
l. The Provider does not endorse or in any way vouch for the accuracy, completeness, truthfulness or reliability of any SERVICE, opinion, advice, communication, information or other content on or made available through the Internet, accessed via the Provider's network.
m. You agree that the use of SERVICE is at your own risk. You are solely responsible for the content of communications on the Internet. The SERVCE is provided "as is" and at your own risk. Provider denies any responsibility of the accuracy of information obtained through the SERVICE. You understand that current regulatory and technical issues prohibit expectation of privacy when using Internet services.
m. You agree to not resell or distribute the SERVICE or otherwise make available to anyone outside the SERVICE AGREEMENT the ability to use the SERVICE (i.e. Wi-Fi or other method of networking). CUSTOMER agrees not to use the SERVICE for operation as an Internet Service provider (i.e. hosting a website or email server).
a. Except for public domain material, all material contained on the Service should be viewed as and considered copyrighted. You may not reproduce, or redistribute such copyrighted material, in whole or in part, in any manner, without prior consent of the copyright owner, unless specifically permitted.
b. You agree not to post or transmit works that are subject to another party's rights, on or through the Service, without that party's express permission. Such posting or transmitting: (1) will result in termination of this Agreement and; (2) may result in civil or criminal liability.
III. No Warranty
a. You acknowledge and consent that Provider exercises no control or censorship of third party content. Use of any information obtained via the Services is at your own risk.
b. Provider expressly disclaims any and all loss or liability resulting from, but not limited to:(1) loss of data; (2) loss of hardware or software; (3) loss of liability resulting from access delays or access interruptions; (4) loss or liability resulting from computer viruses; (5) loss or liability resulting from data non-delivery or data mis-delivery; (6) any other loss or liability resulting from the negligent acts and/or omission of Provider or Provider's affiliated companies; (7) loss or liability resulting from errors, omissions, or misstatements in any and all information, goods, or services obtained on or through the Service; and (8) loss or liability resulting from acts of God.
c. YOU AGREE THAT PROVIDER'S ENTIRE LABILITY, AND YOUR EXCLUSIVE REMEDY, WITH RESPECT TO USE OF THE SERVICE, SERVICE SOFTWARE, AND ANY BREACH OF THIS AGREEMENT IS STRICTLY LIIMITED TO A RETURN OF A PRORATED PORTION OF THE AMOUNT PAID TO PROVIDER FOR MONTHLY MEMBERSHIP FEES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, IN SUCH STATES, PROVIDER'S LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
d. PROVIDER DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION: (1) ANY WARRANTIES AS TO THE AVAILABILITY, ACCURACY, OR CONTENT OF INFORMATION, PRODUCTS, OR SERVICES; AND (2) ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
e. Neither Provider nor any of its agents, shareholders, directors, officers, or employees, nor its information providers, shall be responsible for any damages arising from your use of SERVICES or inability to use SERVICES. There is no guarantee of message delivery. Email return receipts may be requested, but there is no guarantee that the recipient's mail system will process or even acknowledge these requests.
a. You agree to defend, release, indemnify, and hold Provider, its affiliated companies and licensers, it agents, shareholders, directors, officers, or employees harmless from all liabilities, claims and expenses, including without limitation reasonable attorney fees and other costs of legal representations, mediation, arbitration or litigation arising from breach of the Agreement by use of, or in connection with, the posting or transmission of any content by or through your account on the Service.
b. You agree that Provider has the right, but not the obligation, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you pursuant to Paragraph a. of this section. In such event, you shall have no further obligations pursuant to Paragraph a. of this section.
V. Data Security
a. You are responsible for the protection of your data. The Internet is not a secure system. Data can be, and often is, viewed by third parties. Private or confidential information should not be placed on the system or if it is you should take steps to protect such information by using encryption technologies. You understand and assume the risk that any transmission over the Service may be interrupted, intercepted or destroyed. It is your sole responsibility to ensure that any computer or device you connect to the network remains secure and virus/spyware free.
VI. Fees and Payment
a. You are responsible for any and all fixed and cumulative charges to your account. The first month's fee or yearly promotion fees, account start-up fee and software are due before account setup. For monthly Service Level Agreements, your account will be charged the monthly access fee plus any accumulated charges for the past month. Failure to use the Service does not relieve you of payment obligations.
b. All fees and charges are payable in accordance with the billing terms in effect at the time the fees or charges become payable. Provider may require you to make payments by a major credit, debit or charge card.
c. You will be required to complete an authorization form to allow Provider a means of electronic payment transfer on each successive billing date without obtaining your permission after the initial charge. You shall notify Provider of any changes in account information for any electronic payment transfer. If the electronic payment transfer is not honored for any reason, Provider will attempt to notify you by using the telephone information given during account setup. Provider will call you ONE time to arrange an alternative billing arrangement. If an alternative billing arrangement has not been established within seven (7) days, the account may be terminated. Re-establishment of the account may be subject to a reconnection fee.
d. Dishonored checks are subject to a collection fee and your account may be suspended until the account is current. If the payment is not received within seven (7) days of the due date, service will be terminated and a re-connection fee may be added to charges for further service.
VII. Termination of Service
a. Either you or Provider may terminate the Service at any time and without cause. Only the person whose name is on the account will be able to cancel an existing account.
b. Upon termination of your account, Provider has the right to delete all data, files or other information that is stored on Provider's computers regarding your service.
c. Provider's termination or suspension of service to you also constitutes termination or suspension (as applicable) of your license to use Provider's software.
a. You agree that this Agreement constitutes the entire understanding between you and Provider, and supersedes all previous representations, agreements or understandings.
b. You agree that, if any portion of this Agreement is held invalid or unenforceable, the provisions of this agreement so affected shall be curtailed and limited only to the extent necessary to permit compliance with the minimum legal requirement, and no other provisions of this Agreement shall be affected thereby and all such other provisions shall continue in full force and effect. The Agreement will be governed by the laws of the State in which you live, excluding its conflict of laws.
c. This agreement shall be governed by the laws of the State of Illinois and jurisdiction for any action filed to enforce the terms of this agreement shall be with the courts of Jo Daviess County, Illinois.
IX. Member Registration Requirements
a. You agree to provide Provider with accurate, complete and updated registration information. Your failure to provide accurate registration information constitutes unauthorized use of the Service and your account may be terminate immediately.
b. Provider will not release any personally identifiable information, except upon presentation of (1) a subpoena issued by a government entity in a civil or criminal investigation or litigation; (2) a civil investigative demand issued by a government entity, or (3) a court order.
X. Provider Rights
Provider at its sole discretion and judgment may immediately suspend access to the service upon any breach of any of the Terms and Conditions including, but not limited to refusal or failure to pay for services provided or disruptive online behavior.
Provider reserves the right at its sole discretion to delete any information entered into Provider computer systems. Provider and/or its authorized representatives shall retain the right but shall not be obligated, to review/accept/reject publicly viewable information. Provider reserves the right to reuse and/or terminate service to anyone or any entity for any reason at its sole discretion with or without notice.