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MAQS.NET INTERNET ACCESS SERVICE  

INTERNET ACCESS SERVICE AGREEMENT AND TERMS OF USE

PLEASE READ THIS AGREEMENT CAREFULLY. BY USING MAQS.NET DIAL-UP INTERNET SERVICE, MAQSPEED DSL or WIRELESS DSL (“MAQS.NET” OR “SERVICE”) YOU WILL BE ACKNOWLEDGING THAT YOU HAVE AGREED TO BECOME A PARTY TO, AND TO BE LEGALLY BOUND BY, THIS AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SERVICE. REGARDLESS OF WHETHER YOU ACCESS OR USE THE SERVICE, ANY COMPUTER SOFTWARE LICENSE AGREEMENTS BETWEEN YOU AND MAQS.NET SHALL CONTINUE IN FULL FORCE AND EFFECT AND YOUR USE OF SOFTWARE, IF ANY, RECEIVED FROM MAQS.NET SHALL BE SOLELY PURSUANT TO THE TERMS AND CONDITIONS OF SUCH APPLICABLE COMPUTER SOFTWARE LICENSE AGREEMENTS.

1. Access and Use.

MAQS.NET provides you with MAQS.NET Internet access service under the terms and conditions of this Agreement (the "Agreement"). MAQS.NET may, from time to time, notify you of changes or additions to this Agreement, and your continued use of MAQS.NET Internet after MAQS.NET so notifies you will signify that you agree to such changes or additions.

You agree that you will not resell or redistribute any portion of the Service or provide access to your Account to any third party for financial gain. You also agree to provide to any person to whom you give permission to use your MAQS.NET internet access service a copy of this Agreement, and to inform them that their use of MAQS.NET Internet is subject to the terms and conditions of this Agreement. You agree that you are fully responsible for such individual’s conduct while using MAQS.NET Internet, and for any consequences if such individual misuses the Service, violates this Agreement, or accesses material or information which you feel is in any way objectionable.

This Service may be interrupted due to factors outside of MAQS.NET’s reasonable control, including but not limited to, acts of God, labor troubles, strikes, lockouts, severe weather, power failures, technical failures, delay or default of utilities or any communication company, activity on the Internet, or accidents. MAQS.NET will not be liable for any damages due to interruption, delay or any other problem with the Service which results from factors outside of MAQS.NET’s reasonable control.

The information, content, graphics, processes, programs, methods, symbols, formats, approaches, and generators that comprise this World Wide Web (Internet) hosted site are the property of Marquette-Adams Communications LLC, unless otherwise indicated.

2. Software Acceptance Terms.

I understand and agree that pre-configured software distributed by MAQS.NET is accepted AS IS and MAQS.NET DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, AND NON-INFRINGEMENT.

I understand and agree that I have no obligation to accept and install the pre-configured software furnished by MAQS.NET; however, by accepting and installing the pre-configured software furnished by MAQS.NET, I agree to abide by any terms and conditions for use imposed by the software manufacturer.

I understand and agree that MAQS.NET is not liable for any changes, defects, errors or failures in my computer equipment as a result of installing the pre-configured software distributed by MAQS.NET. I agree to hold MAQS.NET harmless from any and all damages, costs, and expenses arising out of or resulting from such changes, defects, errors and failures.

I understand and agree that I am solely responsible for paying all charges pertaining to or resulting from the installation and use of the pre-configured software distributed by MAQS.NET. Charges include, but are not limited to, maintenance and installation fees charged by third parties, support service charges billed by third parties, and long-distance charges imposed by telephone companies for dialing MAQS.NET access numbers.

3. Fees and Payment

MAQS.NET reserves the right to change its fees at any time for any reason, provided, however, that whenever possible, MAQS.NET will give you reasonable notice of such change. From time to time, MAQS.NET may add or modify certain services relating to MAQS.NET Internet, and MAQS.NET reserves the right to charge you additional or different fees in consideration for providing such new or modified services to you. You will also be liable for all attorney and collection fees arising from efforts to collect any unpaid balances on your Account.

4. Uncensored Internet Access

YOU UNDERSTAND THAT MAQS.NET PROVIDES FULL, UNCENSORED ACCESS TO MATERIALS ON THE INTERNET CREATED AND MAINTAINED BY UNAFFILIATED THIRD PARTIES. MAQS.NET EXERTS NO EDITORIAL CONTROL OVER SUCH MATERIALS, PORTIONS OF WHICH MAY BE CONSIDERED SEXUALLY EXPLICIT, OBSCENE OR OTHERWISE OFFENSIVE. IN NO EVENT SHALL MAQS.NET BE LIABLE TO ANY PERSON OR ENTITY, EITHER DIRECTLY OR INDIRECTLY, WITH RESPECT TO ANY MATERIALS FROM THIRD PARTIES ACCESSED THROUGH MAQS.NET INTERNET. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICE AND THE INTERNET GENERALLY. MAQS.NET DISCLAIMS ANY AND ALL RESPONSIBILITY FOR CONTENT CONTAINED IN ANY THIRD- PARTY MATERIALS ACCESSED THROUGH THE MAQS.NET SERVICE OR PROVIDED THROUGH LINKS FROM THIS MAQS.NET INTERNETSITE

5. Termination of Service

You may terminate your Account by calling (608) 586-4111, but you will remain liable for all charges accrued until your password has been deactivated, including full monthly charges for the month during which the termination date occurred. MAQS.NET may modify, suspend or terminate this Agreement or the Account at any time and for any reason without prior notice to you and without refunding any fees you have paid to MAQS.NET. MAQS.NET reserves the right to require you to change your login name or password, and to delete any or all program or data files associated with the Account upon termination of this Agreement.

6. Disclaimers of Warranty

MAQS.NET INTERNET SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND YOUR USE OF MAQS.NET INTERNET SERVICE IS ENTIRELY AT YOUR OWN RISK.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF MAQS.NET INTERNET AND THE INTERNET GENERALLY.

IT IS ALSO SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, USEFULNESS OR VALIDITY OF ALL OPINIONS, ADVICE, SERVICE, PROMOTIONS, ADVERTISEMENTS, AWARDS, PRIZES OR OTHER INFORMATION, AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE, PROVIDED THROUGH MAQS.NET INTERNET OR ON THE INTERNET GENERALLY.

NEITHER MAQS.NET, NOR ITS AFFILIATES OR SUBSIDIARIES, MAKE ANY REPRESENTATIONS, WARRANTIES OR ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO MAQS.NET INTERNET OR ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH MAQS.NET INTERNET OR ON THE INTERNET GENERALLY, OR AS TO THE ACCURACY, QUALITY, COMPLETENESS, TITLE, NON-INFRINGEMENT, OWNERSHIP, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OTHERWISE, OF ANY MATERIALS ACCESSED THRQUGH MAQS.NET INTERNET.

MAQS.NET EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE .

7. Limitation of Liability

MAQS.NET WILL NOT BE LIABLE FOR ANY DAMAGES DUE TO INTERRUPTION, DELAY OR ANY OTHER PROBLEM WITH THE SERVICE WHICH RESULT FROM FACTORS OUTSIDE OF MAQS.NET’S REASONABLE CONTROL .

MAQS.NET WILL NOT BE RESPONSIBLE TO YOU OR TO ANY THIRD PARTIES UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OR LOSSES WHICH YOU MAY INCUR IN CONNECTION WITH USING MAQS.NET INTERNET OR THE INTERNET GENERALLY, OR ANY DATA OR OTHER MATERIALS TRANSMITTED THROUGH OR RESIDING ON MAQS.NET INTERNET, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF MAQS.NET HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE OR LOSS.

IN NO EVENT SHALL MAQS.NET'S LIABILITY FOR ANY DIRECT DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR MAQS.NET INTERNET EXCEED THE MAQS.NET INTERNET SERVICE CHARGES INCURRED BY YOU DURING THE THREE MONTHS IMMEDIATELY PRECEDING ACCRUAL OF SUCH CAUSE OF ACTION.

THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME PARTS OF THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

You understand that if you become dissatisfied with the Service, your sole and exclusive remedy will be to discontinue the Service in accordance with Section 4 of this Agreement .

8. Privacy

Your communications with and through MAQS.NET Internet will, in most cases, be viewed only by you and by anyone to whom you address such communications, including, without limitation, electronic mail and bulletin boards. When reasonably practicable, MAQS.NET will attempt to preserve the confidentiality of such communications. However, you agree that MAQS.NET has the right to monitor the Service electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other government request, to operate the Service properly, or to protect itself or its subscribers. MAQS.NET has no obligation to monitor MAQS.NET Internet. However, MAQS.NET reserves the right to refuse to post or to remove any information or materials, in whole or part, that, in its sole discretion, are unacceptable or in violation of this Agreement. You understand and agree that, unless you notify MAQS.NET to the contrary in writing, MAQS.NET may publish your name and other information in directories that may be accessed by third parties.

9. System Rules

You agree to be bound by rules which are important for the proper use of the Service. Your failure to follow these rules, whether set out in this Agreement, or in bulletins posted at various points by MAQS.NET, may result in MAQS.NET terminating this Agreement and your Account. You agree that you will not do any of the following, or permit any other person under your control to do any of the following:

(A) Restrict or inhibit any other user from using and enjoying the Service or the Internet;

(B) Post or transmit any information or software which contains a virus, worm, cancelbot or other harmful component;

(C) Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane or otherwise objectionable information of any kind;

(D) Upload, post, publish, transmit, reproduce, or distribute in any way, information, software, or other material which is protected by copyright, or other proprietary right, without obtaining permission of the owner of such rights;

(E)Uuse our Service to commit a crime, or to plan, encourage or help others to commit a crime;

(F) Post or transmit chain letters or letters relating to pyramid schemes;

(G) Post a single item to more than 10 newsgroups or mailing lists or other similar groups or lists;

(H) Post to any newsgroup or mailing list or other similar groups or lists, items which are off-topic (i.e., off-topic according to the charter of the newsgroup or mailing list or other similar groups or lists or if the item provoked complaints from regular readers of the newsgroup or mailing list or other similar groups or lists for being off-topic);

(I) Send unsolicited mass e-mailings to more than 25 e-mail users, if such unsolicited electronic mailings provoke complaints from the recipients;

(J) Violate the terms and conditions and operating rules of any other interactive service, including, without limitation, other newsgroups and mailing lists or other similar groups or lists and World Wide Web sites;

(K) Post or transmit any private e-mail to any newsgroup or mailing list or other similar groups or lists without the explicit approval of the sender; and

(L) Impersonate another user or otherwise falsify one's user name in e-mail or in any post or transmission to any newsgroup or mailing list or other similar groups or lists.

9. Indemnity

You agree to defend and indemnify and hold harmless MAQS.NET and its officers, directors, employees, affiliates and subsidiaries from and against any and all claims, proceedings, damages, injuries, liability, losses, costs and expenses (including, without limitation, reasonable attorneys' fees) arising out of or relating to any acts by you or materials or information transmitted by you in connection with the Service, regardless of the type of claim or nature of the cause of action.

10. Proprietary Rights

MAQS.NET or our suppliers own all rights, title and interest in and to all components of the Service, but expressly excluding content owned by third parties which may be accessible through the Service and/or the Internet generally. MAQS.NET's ownership rights in the Service include, but are not limited to, the look and feel of the end-user interfaces associated with the Service, the name of the Service, and the collective works consisting of all public messages on the Service. You may not reproduce any sequence of messages from our Service without our permission. In addition, you may not copy, modify, adapt, reproduce, translate, distribute, reverse engineer, decompile, or disassemble (i) any aspect of the Service which we or our suppliers own, or (ii) any service, information or materials supplied by a third-party content provider and which you may access through MAQS.NET Internet.

11. Reporting Copyright Violations.

In compliance with the Digital Millennium Copyright Act of 1998, MAQS.NET provides the following information for reporting a copyright violation:

Full Legal Name of ISP:
Marquette-Adams Communications LLC
Address of ISP :
113 N. Oxford Street, PO Box 45, Oxford, WI 53952-0045
All Other Business Names of ISP:
maqs.net
Name of agent to receive notice of claimed infringement:
Mike Lake
Address of above agent:
113 N. Oxford Street, PO Box 45, Oxford, WI 53952-0045
Telephone number of above agent:
608.586.4111
Facsimile number of above agent:
608.586.5209
Electronic mail address of above agent:
mikelake@maqs.net
Name of person signing this notice:
Mike Lake
Title of person signing this notice:
Marketing Manager
Signature of person signing this notice:
Signature on file at ISP address shown above.
Date of signature:
June 1, 1999.

12. Miscellaneous

This Agreement constitutes the entire agreement between MAQS.NET and you with respect to the Service.

This Agreement shall be governed by and construed in accordance with the laws of the State of Wisconsin , without regard to conflicts of laws provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to this Agreement shall be an appropriate state or federal court located in the State of Wisconsin .

Any cause of action you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises.

If for any reason a court of competent jurisdiction finds any provision of this Agreement to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.