COUNTRY MILE WIRELESS, INC INTERNET SERVICE MEMBERSHIP AGREEMENT
Welcome and thank you for your interest in the COUNTRY MILE WIRELESS, INC Internet Service. This Member Agreement and the COUNTRY MILE WIRELESS, INC Internet Service Privacy Policy collectively make up the COUNTRY MILE WIRELESS, INC Terms of Service. The COUNTRY MILE WIRELESS, INC Terms of Service govern your membership and your use of the COUNTRY MILE WIRELESS, INC Internet Service. By registering for or using the COUNTRY MILE WIRELESS, INC Internet Service, you agree to the Terms of Service and you also agree to transact electronically with COUNTRY MILE WIRELESS, INC Communications Corporation ("COUNTRY MILE WIRELESS, INC").
1. DEFINITIONS. Below are definitions for terms that COUNTRY MILE WIRELESS, INC will use throughout this Agreement:
a. Account - The original account you open when you register for COUNTRY MILE WIRELESS, INC Internet Service membership through which you obtain access to the COUNTRY MILE WIRELESS, INC Internet Service and other COUNTRY MILE WIRELESS, INC services.
b. Content - Information, software, games, communications, photos, video, graphics, music, sound and other materials provided by or through the COUNTRY MILE WIRELESS, INC Internet Service or on the Internet.
c. COUNTRY MILE WIRELESS, INC Internet Service - The internet access and email membership service offered by COUNTRY MILE WIRELESS, INC Communications Corporation, including all Software for accessing and using the service.
d. Software - Any software made available from COUNTRY MILE WIRELESS, INC or a Supplier, whether preinstalled, given on a medium, provided by download or upgrade, or made available online that enables you to access and use the COUNTRY MILE WIRELESS, INC Internet Service.
e. Supplier - Any third-party distributor of the COUNTRY MILE WIRELESS, INC Internet Service, any third-party provider of Software for the COUNTRY MILE WIRELESS, INC Internet Service, and any third-party provider of Content for the COUNTRY MILE WIRELESS, INC Internet Service and any third-party telecommunications provider.
2. Qualifications for Membership. You must be a U.S. resident, at least 18 years of age and legally able to enter into contracts to qualify for COUNTRY MILE WIRELESS, INC membership. COUNTRY MILE WIRELESS, INC reserves the right to limit you to one free trial or promotion that cannot be combined with other offers.
3. REGISTRATION FOR MEMBERSHIP. You must register in your own name and provide true and current information. COUNTRY MILE WIRELESS, INC will open your Account when you complete your registration. You will select (or COUNTRY MILE WIRELESS, INC will assign you) a user identification that will be identified with your Account for the life of your account (“User ID”). You can use the User ID to log on to the COUNTRY MILE WIRELESS, INC Internet Service. You will not be able to change your User ID; however, depending on your plan, you will have the opportunity to open one or more e-mail addresses with your account. User IDs and e-mail addresses associated with your account may not be vulgar, used by someone else, or impersonate someone else. COUNTRY MILE WIRELESS, INC in its sole discretion may reject the use or assignment of any User ID or e-mail address. All COUNTRY MILE WIRELESS, INC User IDs and e-mail addresses affiliated with your Account are the property of COUNTRY MILE WIRELESS, INC and, at COUNTRY MILE WIRELESS, INC’s sole discretion, expire upon the cancellation or termination of your Account.
4. YOUR RESPONSIBILITY. You are responsible for all activity on your Account, including all activity and purchases made by you or anyone you allow to use your Account, including family members. Therefore, you must supervise the use of your Account if you let others use your account or if you open e-mail accounts on their behalf. You and your Account may be subject to disciplinary action or termination if your Account is used inappropriately.
You agree to comply with all applicable laws, rules and regulations regarding your membership and use of the COUNTRY MILE WIRELESS, INC Internet Service. You agree to abide by all COUNTRY MILE WIRELESS, INC policies and you acknowledge that COUNTRY MILE WIRELESS, INC has the right to enforce this Agreement and all of its policies in its sole discretion. COUNTRY MILE WIRELESS, INC may take any action against your Account, ranging from a warning to termination, if you or anyone using your Account violates the COUNTRY MILE WIRELESS, INC Terms of Service. COUNTRY MILE WIRELESS, INC is not required to provide notice prior to terminating your Account.
You agree to keep confidential the passwords associated with your Account and passwords that you use with all other COUNTRY MILE WIRELESS, INC services. You agree to indemnify and hold harmless COUNTRY MILE WIRELESS, INC for losses incurred by COUNTRY MILE WIRELESS, INC or another party due to someone else using your Account or password as a result of your failure to use reasonable care to keep your Account information confidential.
5. UNSOLICITED BULK COMMUNICATIONS. You may not use COUNTRY MILE WIRELESS, INC’s communication tools to send unsolicited bulk e-mail or other forms of unsolicited bulk communications. Similarly, you may not authorize others to use your Account or e-mail addresses assigned to your Account to send unsolicited bulk e-mails or communications, or cause unsolicited bulk communications to be sent by someone else. You may not harvest or collect information about COUNTRY MILE WIRELESS, INC users from the COUNTRY MILE WIRELESS, INC Internet Service, including e-mail addresses, and use that information for the purpose of sending unsolicited bulk communications. Any violation of these provisions may result in immediate termination of your Account and further legal action. You agree that COUNTRY MILE WIRELESS, INC may take any legal and technical remedies to prevent unsolicited bulk communications from entering, utilizing or remaining within COUNTRY MILE WIRELESS, INC’s networks.
6. BILLING AND PAYMENT. You must select a payment method to pay COUNTRY MILE WIRELESS, INC for membership fees and all purchases made from COUNTRY MILE WIRELESS, INC.
Under most plans, COUNTRY MILE WIRELESS, INC charges in advance. Surcharges apply if you use certain payment methods (such as payment from your checking account) or certain telephone numbers to access the COUNTRY MILE WIRELESS, INC Internet Service. Additional fees will apply for technical support, or when you subscribe to other supplemental or enhanced services, depending on your plan. All charges are nonrefundable unless provided otherwise in your subscription plan.
You must give COUNTRY MILE WIRELESS, INC accurate billing and payment information and keep this information up-to-date through the "My Account" area on the COUNTRY MILE WIRELESS, INC Internet Service. COUNTRY MILE WIRELESS, INC will bill you through your Account. You agree to pay COUNTRY MILE WIRELESS, INC for all charges incurred under your Account, including all applicable taxes, fees and surcharges, and subscriptions to premium or enhanced services. You authorize COUNTRY MILE WIRELESS, INC to charge your designated payment method for these charges. If COUNTRY MILE WIRELESS, INC does not receive payment from your designated payment method, you agree to pay all amounts due upon demand by COUNTRY MILE WIRELESS, INC.
Every time you use a COUNTRY MILE WIRELESS, INC Internet Service, you reaffirm that (i) COUNTRY MILE WIRELESS, INC is authorized to charge your designated payment method; (ii) COUNTRY MILE WIRELESS, INC may submit charges incurred under your Account for payment; and (iii) you will be responsible for such charges, even if your membership is canceled or terminated.
After 30 days from the date of any unpaid charges, your Account will be deemed delinquent and COUNTRY MILE WIRELESS, INC may terminate or suspend your Account for nonpayment. COUNTRY MILE WIRELESS, INC reserves the right to assess an additional 3.0 percent (or the highest amount allowed by law, whichever is lower) per month late charge if your payment is more than 30 days past due and to use alternate means to collect any unpaid charges. You are liable for any fees, including attorney and collection fees incurred by COUNTRY MILE WIRELESS, INC in its efforts to collect any remaining balances from you.
You are responsible for all charges incurred under your Account, including applicable taxes, fees, surcharges and purchases made by you or anyone you allow to use your Account (including your family members or friends).
You must notify COUNTRY MILE WIRELESS, INC about any billing problems or discrepancies within 90 days after they first appear on your Account statement. If you do not bring them to COUNTRY MILE WIRELESS, INC’s attention within 90 days, you agree that you waive your right to dispute such problems or discrepancies.
You can go to "My Account" on the COUNTRY MILE WIRELESS, INC Internet Service, then select "Current Charges" or "Billing FAQ's" or contact a COUNTRY MILE WIRELESS, INC billing representative at 402-937-1144 to get information about billing or to determine the status of your bill and the amount of any surcharge.
Any trial promotion must be used within the specified time of the trial. You must cancel your Account before the end of the trial period to avoid being charged a membership fee. Please note, however, that even during any free trial period or other promotion, you will still be responsible for any purchases, technical support, and surcharges incurred using your Account.
7. COMMUNICAITONS CHARGES. You are responsible for obtaining and maintaining at your expense all equipment and services needed to access the COUNTRY MILE WIRELESS, INC Internet Service. You are responsible for any telephone charges you may incur by accessing the COUNTRY MILE WIRELESS, INC Internet Service. The use of any COUNTRY MILE WIRELESS, INC access number is the same as making a telephone call to that number and thus may result in additional charges on your telephone bill depending on your location and calling plan. The locations and area codes listed in connection with these numbers are not necessarily indicative of whether a call will be local or toll free for you. You should select your COUNTRY MILE WIRELESS, INC access numbers carefully. Please call your local phone company to ensure that the access number(s) you select will be local calls for your calling plan. This is especially important if there have been changes in area code designations, in your telephone service providers, or in your calling plan. COUNTRY MILE WIRELESS, INC has no information on whether your use of a particular access number will result in phone charges.
You are also responsible for any communications charges you may incur by accessing any COUNTRY MILE WIRELESS, INC services through a third-party network, such as a cable or wireless carrier. Your carrier may charge service fees for alerts, text messaging (including receiving/sending instant messages and e-mail), web browsing and other services that require the use of airtime and wireless data services. Check with your carrier to verify the fees that may apply to you.
8. SERVICE FEATURES. You may not initiate more than one login session at a time. You understand and acknowledge that the COUNTRY MILE WIRELESS, INC Internet Service is intended for your personal and periodic use; the COUNTRY MILE WIRELESS, INC Internet Service is not offered or designed to provide an “always on” or “always connected” capability. You agree that COUNTRY MILE WIRELESS, INC reserves the right in its complete and sole discretion to establish general operating practices to maximize the operation and availability of its computer network for the greatest benefit of its members. These operating practices may include timed sign offs for users who are inactive for an extended period of time and timed sign offs for excessive, “always connected” consumption of the COUNTRY MILE WIRELESS, INC network. Users will be given the option to remain online before there is any automatic sign off.
9. CHANGES TO THE SERVICE. COUNTRY MILE WIRELESS, INC in its sole discretion may change or discontinue any or all aspects of the COUNTRY MILE WIRELESS, INC Internet Service without notice, including access to support services, Content and other products or services ancillary to the COUNTRY MILE WIRELESS, INC Internet Service or a COUNTRY MILE WIRELESS, INC Internet Service membership.
COUNTRY MILE WIRELESS, INC may modify the COUNTRY MILE WIRELESS, INC Terms of Service, change its fees and change its billing methods at any time. COUNTRY MILE WIRELESS, INC will provide you with notice of any change in pricing or material changes to the Terms of Service at least thirty (30) days in advance. If you disagree with any proposed change, your sole remedy is to cancel your membership before such change takes effect. Otherwise, you will be bound by the revised terms if you keep your membership. COUNTRY MILE WIRELESS, INC will not refund any charges if you choose to cancel your membership for this reason.
10. CONTENT. Content on the COUNTRY MILE WIRELESS, INC Internet Service and the Internet is protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary rights, and also may have security components that protect digital information only as authorized by the owner of the Content. You agree that you will not take any action to interfere with ownership of or rights in the Content and you will not attempt to circumvent any mechanisms for preventing the unauthorized reproduction or distribution of the Content.
You may use any Content available on the COUNTRY MILE WIRELESS, INC Internet Service, but only for personal, non-commercial purposes. You may be given the opportunity to download certain Content such as music and photos, but you may do so only to the extent as authorized for that particular Content and only for your personal use. You may not use the Content in a manner that exceeds the rights granted for your use of the Content, which includes unauthorized copying or distribution of the Content or creating an unauthorized derivative work.
For any community areas that are made available on or through the service, such as message boards or picture sharing services, you may only post Content that you created or which you have been given permission to post by the owner of the Content. You may not post or distribute Content that is illegal or that violates the COUNTRY MILE WIRELESS, INC Terms of Service. By posting or submitting Content on any COUNTRY MILE WIRELESS, INC services, you represent and warrant that (i) you own all the rights to this Content or are authorized to use and distribute this Content and (ii) this Content does not and will not infringe any copyright or any other third-party right nor violate any applicable law or regulation.
Although you or the owner of the Content retain ownership of all right, title, and interest in Content that you post to any COUNTRY MILE WIRELESS, INC services, COUNTRY MILE WIRELESS, INC owns all right, title, and interest in any compilation, collective work or other derivative work created by COUNTRY MILE WIRELESS, INC using or incorporating this Content. In addition, by posting Content on any COUNTRY MILE WIRELESS, INC services, you grant COUNTRY MILE WIRELESS, INC, its parent, affiliates, subsidiaries, assigns, agents and licensees the irrevocable, perpetual, worldwide right to reproduce, display, perform, distribute, adapt and promote this Content in any medium.
COUNTRY MILE WIRELESS, INC is not required to pre-screen Content available on the COUNTRY MILE WIRELESS, INC Internet Service, although COUNTRY MILE WIRELESS, INC reserves the right to do so in its sole discretion. COUNTRY MILE WIRELESS, INC is not liable for Content that is provided by others. COUNTRY MILE WIRELESS, INC reserves the right to remove Content from the COUNTRY MILE WIRELESS, INC Internet Service (or any other COUNTRY MILE WIRELESS, INC service that is shared with COUNTRY MILE WIRELESS, INC affiliates) that, in its sole judgment, does not meet its standards or does not comply with the COUNTRY MILE WIRELESS, INC Terms of Service, but COUNTRY MILE WIRELESS, INC is not responsible for any failure or delay in removing such material. COUNTRY MILE WIRELESS, INC is not responsible for content available on the Internet, although COUNTRY MILE WIRELESS, INC reserves the right to block access to any Internet area containing illegal or other harmful content being used for purposes that are unlawful or injurious to COUNTRY MILE WIRELESS, INC or its members. You acknowledge that third-party sites on the Internet may have their own terms and conditions that govern your use of those sites.
You may not post on or transmit through the COUNTRY MILE WIRELESS, INC Internet Service any material that (1) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent or otherwise objectionable, (2) encourages conduct that would constitute a criminal offense, (3) gives rise to civil liability or (4) otherwise violates any law. You also may not undertake any conduct that, in COUNTRY MILE WIRELESS, INC’s judgment, restricts or inhibits any other user from using or enjoying the COUNTRY MILE WIRELESS, INC Internet Service, including without limitation the community areas.
11. EXPORTING CONTENT OR SOFTWARE. You agree to abide by U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any Content or Software subject to restrictions under such laws to a national destination prohibited under such laws (currently, Cuba Iran, Iraq, Libya, North Korea, Sudan and Syria or national thereof), or to any person or entity prohibited under such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to COUNTRY MILE WIRELESS, INC any data or software that cannot be exported without prior written government authorization and notification of COUNTRY MILE WIRELESS, INC, including, but not limited to, certain types of encryption software. This assurance and commitment shall survive termination of this Agreement.
12. LICENSE. COUNTRY MILE WIRELESS, INC and the Suppliers grant you a personal, non-exclusive, non-transferable, limited license to install the Software on any computer or device from which you wish to access the COUNTRY MILE WIRELESS, INC Internet Service and to use the Software to connect to and use the COUNTRY MILE WIRELESS, INC Internet Service in accordance with this Agreement. COUNTRY MILE WIRELESS, INC occasionally will provide automatic Software and technology upgrades to improve your member experience, such as virus and spam screening technologies, although these upgrades may not be consistent across all platforms and devices. You agree to accept and to take no action to interfere with such automatic upgrades, scanning, and related services.
You may only use the Software to access and use the COUNTRY MILE WIRELESS, INC Internet Service. You may not copy the Software except to install it on your computer or other devices. You may not sell the Software or incorporate it (or any portion of it) into another product. You may not reverse engineer, decompile or disassemble the Software or otherwise attempt to derive the source code (except where expressly permitted by law). You may not obtain the communications protocol for accessing the COUNTRY MILE WIRELESS, INC Internet Service unless expressly authorized by COUNTRY MILE WIRELESS, INC. You may not modify, adapt or create derivative works from the Software in any way or remove proprietary notices in the Software. You agree to abide by all laws and regulations in effect regarding your use of the Software and the COUNTRY MILE WIRELESS, INC Internet Service. Finally, you may not authorize or assist any third party to do any of the things described in this paragraph.
The Software is a "commercial item," as that term is defined in 48 C.F.R. 2.101, consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government end users acquire the Software with only those rights set forth herein.
13. Disclaimer of WARRANTIES. YOUR USE OF THE COUNTRY MILE WIRELESS, INC INTERNET SERVICE, SOFTWARE, AND THE INTERNET IS AT YOUR SOLE RISK. THE COUNTRY MILE WIRELESS, INC INTERNET SERVICE AND SOFTWARE ARE PROVIDED “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. SPECIFICALLY, COUNTRY MILE WIRELESS, INC AND THE SUPPLIERS DISCLAIM IMPLIED WARRANTIES THAT THE COUNTRY MILE WIRELESS, INC INTERNET SERVICE AND SOFTWARE ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. COUNTRY MILE WIRELESS, INC AND THE SUPPLIERS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE AND COUNTRY MILE WIRELESS, INC INTERNET SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE OR COUNTRY MILE WIRELESS, INC INTERNET SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE OR COUNTRY MILE WIRELESS, INC INTERNET SERVICE WILL BE CORRECTED. COUNTRY MILE WIRELESS, INC AND THE SUPPLIERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE COUNTRY MILE WIRELESS, INC INTERNET SERVICE, OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY COUNTRY MILE WIRELESS, INC OR A COUNTRY MILE WIRELESS, INC AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY THAT CANNOT BE DISCLAIMED UNDER APPLICABLE LAW. COUNTRY MILE WIRELESS, INC PROVIDES THE COUNTRY MILE WIRELESS, INC INTERNET SERVICE AND SOFTWARE ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT MEMBERS WILL BE ABLE TO ACCESS OR USE THE COUNTRY MILE WIRELESS, INC INTERNET SERVICE (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF THEIR CHOOSING, OR THAT COUNTRY MILE WIRELESS, INC WILL HAVE ADEQUATE CAPACITY FOR THE COUNTRY MILE WIRELESS, INC INTERNET SERVICE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.
14. LIMITATION OF LIABILITY. COUNTRY MILE WIRELESS, INC’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF ANY SOFTWARE PROVIDED OR USED BY COUNTRY MILE WIRELESS, INC SHALL BE THE REPLACEMENT OF ANY COUNTRY MILE WIRELESS, INC SOFTWARE FOUND TO BE DEFECTIVE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OTHER DISPUTE WITH COUNTRY MILE WIRELESS, INC IS THE CANCELLATION OF YOUR ACCOUNT AS DETAILED BELOW IN SECTION 16. IN NO EVENT SHALL COUNTRY MILE WIRELESS, INC’S CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE COUNTRY MILE WIRELESS, INC INTERNET SERVICE EXCEED THE TOTAL AMOUNT OF SERVICE FEES THAT YOU PAID DURING A ONE-YEAR PERIOD FOR THE SPECIFIC COUNTRY MILE WIRELESS, INC INTERNET SERVICE AT ISSUE.
COUNTRY MILE WIRELESS, INC AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE ARISING FROM YOUR USE OF THE COUNTRY MILE WIRELESS, INC INTERNET SERVICE, SOFTWARE, THE INTERNET, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR MEMBERSHIP WITH COUNTRY MILE WIRELESS, INC. THESE EXCLUSIONS FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF COUNTRY MILE WIRELESS, INC HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, COUNTRY MILE WIRELESS, INC AND ITS SUPPLIER’S LIABILITY IN SUCH STATE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. EXCEPT FOR OFFERS EXPRESSLY MADE OR GUARANTEED BY COUNTRY MILE WIRELESS, INC, COUNTRY MILE WIRELESS, INC AND ITS SUPPLIERS DO NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED THROUGH COUNTRY MILE WIRELESS, INC AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
15. INDEMNIFICATION. Upon a request by COUNTRY MILE WIRELESS, INC, you agree to defend, indemnify and hold harmless COUNTRY MILE WIRELESS, INC and its Suppliers from all liabilities, claims and expenses, including attorneys’ fees, that arise from a breach of the COUNTRY MILE WIRELESS, INC TERMS OF SERVICE for which you are responsible or from the misuse of the COUNTRY MILE WIRELESS, INC Internet Service or the Internet, or in connection with your transmission of any Content on the COUNTRY MILE WIRELESS, INC Internet Service. COUNTRY MILE WIRELESS, INC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification for COUNTRY MILE WIRELESS, INC in that matter.
16. TERMINATION. Either you may cancel or COUNTRY MILE WIRELESS, INC may terminate your membership at any time. You can cancel your membership by calling, by sending a fax, or by sending a letter to COUNTRY MILE WIRELESS, INC’s Customer Service Department. Cancellation will take effect within 72 hours of receipt of your request. Complete information on COUNTRY MILE WIRELESS, INC’s cancellation procedures is available at the “My Account” page of the COUNTRY MILE WIRELESS, INC Internet Service and also in the “Billing FAQ” of the service. If you cancel near the end of your billing period and are inadvertently charged for the next month’s fee, contact COUNTRY MILE WIRELESS, INC to have the charges reversed. If you signed up for certain supplemental or enhanced services for an extra fee, you should consult the specific cancellation policies and procedures for those services.
Except as otherwise provided in Section 14 above, cancellation of your Account is your sole right and remedy with respect to any dispute with COUNTRY MILE WIRELESS, INC. This includes, but is not limited to, any dispute related to, or arising out of: (1) any term of this Agreement or COUNTRY MILE WIRELESS, INC’s enforcement or application of this Agreement; (2) any policy or practice of COUNTRY MILE WIRELESS, INC, including the COUNTRY MILE WIRELESS, INC Privacy Policy, or COUNTRY MILE WIRELESS, INC’s enforcement or application of these policies; (3) the Content available on the COUNTRY MILE WIRELESS, INC Internet Service or the Internet or any change in Content provided by COUNTRY MILE WIRELESS, INC; (4) your ability to access and/or use the COUNTRY MILE WIRELESS, INC Internet Service; or (5) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods.
In the event that your Account is terminated or canceled, no online time or other credits will be credited to you or can be converted to cash or other form of reimbursement. COUNTRY MILE WIRELESS, INC must give you express permission before it will reactivate your Account if COUNTRY MILE WIRELESS, INC previously terminated your membership for violating the COUNTRY MILE WIRELESS, INC Terms of Service or due to an outstanding balance.
17. GENERAL LEGAL TERMS. This Agreement, as published over the COUNTRY MILE WIRELESS, INC Internet Service (which you can find by clicking the “Terms of Service” link at the bottom of the service’s home page), the terms provided at registration and billing terms posted on the COUNTRY MILE WIRELESS, INC Internet Service website constitute the entire and only agreement regarding your COUNTRY MILE WIRELESS, INC membership and your Account. This Agreement supersedes all representations, agreements and other communications regarding your membership. Only COUNTRY MILE WIRELESS, INC can amend this Agreement by posting the changes on the COUNTRY MILE WIRELESS, INC Internet Service website. If any term of this Agreement is found by a court of competent jurisdiction to be invalid, illegal or unenforceable, the term shall be considered to be stricken from this Agreement as if it had not been included from the beginning and the remainder of the Agreement enforced according to its terms.
You agree that this Agreement is not intended to confer and does not confer any rights or remedies from COUNTRY MILE WIRELESS, INC upon any person other than you. You also agree that any guidelines posted on the COUNTRY MILE WIRELESS, INC Internet Service website, including COUNTRY MILE WIRELESS, INC’s enforcement of those policies, are not intended to confer, and do not confer, any rights or remedies upon any person.
18. CHOICE OF LAW, CHOICE OF FORUM. The laws of the State of Nebraska, excluding its conflicts-of-law rules, govern this Agreement and your membership. You expressly agree that exclusive jurisdiction for any claim or dispute with COUNTRY MILE WIRELESS, INC or relating in any way to your membership or your use of the COUNTRY MILE WIRELESS, INC Internet Service resides in the courts of Nebraska and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Nebraska in connection with any such dispute including any claim involving COUNTRY MILE WIRELESS, INC or the COUNTRY MILE WIRELESS, INC Internet Service. The foregoing provision may not apply to you depending on the laws of your jurisdiction. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
19. ELECTRONIC DELIVERY POLICY AND YOUR CONSENT. By affirmatively signing up for the COUNTRY MILE WIRELESS, INC Internet Service, you consent to receive all communications, including notices, agreements, legally required disclosures or other information in connection with any COUNTRY MILE WIRELESS, INC Internet Services electronically from COUNTRY MILE WIRELESS, INC (collectively, “Notices”). You agree that COUNTRY MILE WIRELESS, INC generally can send you electronic Notices by (i) e-mail to an e-mail address you provide to COUNTRY MILE WIRELESS, INC for Notices, and/or (ii) by “pop up notice” on a COUNTRY MILE WIRELESS, INC Internet Service and/or by (iii) posting the Notices on a main page or channel page of the relevant service. You agree that certain supplemental or enhanced services made available to COUNTRY MILE WIRELESS, INC members may also have their own Notice procedures.
You must check your designated e-mail address regularly for Notices from COUNTRY MILE WIRELESS, INC. COUNTRY MILE WIRELESS, INC will send important Notices about your COUNTRY MILE WIRELESS, INC membership, including any Notices concerning violations of any sub-accounts, to your designated e-mail address.
You must have a personal computer with a modem connected to a communications source (telephone, wireless or broadband), a Windows-based operating system with an Internet browser, such as Chrome, Safari, Firefox, or Microsoft Internet Explorer, and an Internet-based e-mail software in order to access electronic communications. You may need a printer attached to your personal computer to print any Notices. You can retrieve an electronic copy and a printable version of the COUNTRY MILE WIRELESS, INC Terms of Service at the “Terms of Service” link on the COUNTRY MILE WIRELESS, INC Internet Service home page. The delivery of any Notice from COUNTRY MILE WIRELESS, INC is effective when sent by COUNTRY MILE WIRELESS, INC, regardless of whether you read the communication when you receive it. You may withdraw your consent to receive notices electronically by calling or by sending a letter to COUNTRY MILE WIRELESS, INC’s Customer Service at the address and phone number listed at the “My Account” page on the COUNTRY MILE WIRELESS, INC Internet Service; however, if you choose to withdraw consent, COUNTRY MILE WIRELESS, INC may terminate your membership and subscriptions to any COUNTRY MILE WIRELESS, INC Internet Service. All registrations, agreements, and terms will be completed electronically and will be deemed for all legal purposes to be in writing and legally enforceable as a signed writing.
20. INFORMATION FOR CALIFORNIA RESIDENTS. Under California Civil Code Section 1789.3, California COUNTRY MILE WIRELESS, INC members are entitled to the following specific consumer rights information:
Pricing Information. Current rates for using COUNTRY MILE WIRELESS, INC may be obtained by calling 402-937-1144. COUNTRY MILE WIRELESS, INC reserves the right to change fees, surcharges, and monthly membership fees or to institute new fees at any time upon thirty (30) days prior notice.
21. PRIVACY POLICY. The COUNTRY MILE WIRELESS, INC Privacy Policy explains how COUNTRY MILE WIRELESS, INC collects, uses, and discloses personal information in connection with your COUNTRY MILE WIRELESS, INC membership, as well as the choices COUNTRY MILE WIRELESS, INC gives you about such uses and disclosures. You can review the current version of this policy by clicking Privacy Policy or clicking on the "Privacy Policy" link on the COUNTRY MILE WIRELESS, INC Internet Service home page. By your affirmative act of either registering for the COUNTRY MILE WIRELESS, INC Internet Service as a new member, or registering for a new COUNTRY MILE WIRELESS, INC service, or continuing to use the COUNTRY MILE WIRELESS, INC Internet Service following your registration, you authorize the collection, use, and disclosure of personal information by COUNTRY MILE WIRELESS, INC as provided for under COUNTRY MILE WIRELESS, INC’s then-current Privacy Policy.
We use cookies to analyze website traffic and optimize your website experience. By accepting our use of cookies, your data will be aggregated with all other user data.