Request for Internet Service
Please provide us with some basic information about you and your location. If you have further questions about Internet service in the Methow Valley please contact us at 509.996.2022.
Please review the Master Service Agreement
This Master Service Agreement is between Medicine Wheel Website Design, Inc.
("MW")
and
Customer
("You").
BY ACCEPTING THIS AGREEMENT AND USING MW'S SERVICES YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, MW’S SERVICE LEVEL AGREEMENT, MW'S ACCEPTABLE USE POLICY AND MW'S NO-SPAM POLICY.
MW and You agree to the following provisions:
1. Provision of Services. MW agrees to provide services to You in accordance with the Service Level Agreement in exchange for your payment for MW's services, your execution and compliance with this agreement, and your compliance with MW's Acceptable Use Policy and No-Spam Policy. of MW's services shall commence once MW has received both Your payment for MW's services and this Agreement duly executed by You. You warrant and represent that You shall use MW's services only for lawful purposes.
2. Agreement Term.
The initial term of this agreement shall be from the date of your initial payment and execution of this agreement through the remainder of the calendar month in which this agreement was executed. The term of this agreement, after the initial agreement term, be one calendar month.
3. Automatic Renewal.
This agreement shall renew automatically at the end of the prior agreement term unless terminated either by You or by the MW.
4. Termination without Cause. You may terminate this agreement at any time, for any reason, by notifying us by email (billing@methownet.com) prior to the automatic renewal of this contract. MW SHALL NOT REFUND AMOUNTS ALREADY BILLED FOR THE MONTH IN WHICH YOU TERMINATE THE AGREEMENT. ALL CUSTOMER DATA AND ACCOUNT SETTINGS INCLUDING, BUT NOT LIMITED TO, WEB SITE CONTENT, DATABASES, AND E-MAIL MESSAGES ARE IRREVOCABLY DELETED UPON ACCOUNT TERMINATION.
MW may terminate this agreement at any time, for any reason, by: Providing written or electronic mail notice of termination to your e-mail contact address no less than fifteen days prior to the service termination; and refunding or not charging your credit card account for the monthly services charge for the month in which MW services terminate.
5. Termination for Cause. YOU AGREE TO MAINTAIN AND KEEP CURRENT ALL CONTACT INFORMATION FOR YOUR ACCOUNT(S) WHICH IS(ARE) STORED WITHIN MW SERVERS. FAILURE TO MAINTAIN OR KEEP CURRENT ALL CONTACT INFORMATION SHALL BE A VALID GROUND FOR MW TERMINATION OF SERVICES FOR CAUSE.
IF MW TERMINATES YOUR ACCOUNT FOR A VIOLATION OF THIS AGREEMENT, MW'S ACCEPTABLE USE POLICY, OR MW'S NO SPAM POLICY, MW SHALL NOT BE REQUIRED TO REFUND TO YOU ANY AMOUNTS BILLED TO YOU FOR THE MONTH IN WHICH MW SERVICES TERMINATE.
6. Payment Terms. You agree, except by prior arrangement, to be billed monthly via your credit card for all recurring and one-time charges, including late and termination charges, for any MW services ordered by You and any fees You owe to MW. MW shall not provide You with an invoice.
7. Taxes. MW shall not be liable for any taxes and other governmental fees to be paid which are related to purchases made from You or from MW's server. You agree that you shall be fully responsible for all taxes and fees of any nature associated with products or services sold through the use of or with the aid of services provided to You by MW.
8. "Beta" Hosting Products.
THIS SECTION APPLIES ONLY TO CUSTOMERS WITH ACCOUNTS CREATED ON EXPERIMENTAL "BETA" PLANS AND PLATFORMS.
"Beta" hosting services are provided to You on an "as is" basis. All provisions of this agreement shall apply to experimental "beta" plan and platform accounts, except paragraphs 1, 2, 3, and 6. The Shared Web Hosting Service Level Agreement guarantees do not apply to "beta" plan or platform accounts during periods in which You receive the MW's "beta" hosting services for free or at a discount. In exchange for MW providing experimental "beta" hosting services You agree, during periods You receive free or discounted "beta" hosting services from MW, to comply with this agreement as it applies to "beta" hosting accounts, MW's Acceptable Use Policy, and MW's No Spam policy.
Uptime guarantees provided elsewhere in this agreement or in Service Level Agree ment(s) do not apply to "beta" plan and platform accounts. MW does not make any guarantee of the integrity of data stored on "beta" hosting servers. YOU ARE STRONGLY DISCOURAGED FROM USING ACCOUNTS ON "BETA" PLANS OR PLATFORMS FOR HOSTING ANY PRODUCTION APPLICATIONS, PRODUCTION WEB SITES, OR FOR STORING SENSITIVE DATA.
The MW shall upgrade software on "beta" web hosting servers when, and as, MW deems necessary in its sole discretion. MW does not warrant or represent that new versions of the software installed on "beta" servers will be compatible with the currently installed version or that loss of functionality or interruption of service will not occur as a result of such upgrades.
The MW reserves a right to terminate this "beta" web hosting program at any time by giving You fifteen days written or electronic mail notice. If a "beta" program is terminated, all free and discounted accounts on the "beta" servers will be converted at the end of the fifteen-day notice period to fee-for-service accounts to a MW's web hosting plan selected at MW's discretion. To discontinue the account and avoid incurring charges under the MW's web hosting plan, the account must be terminated by the customer following the Termination provisions in Paragraph 4 of this agreement.
9. Materials and Products.
Any material and data you provide to MW in connection with MW's services shall be in a condition that is in a form requiring no additional manipulation on the part of the MW. MW shall make no effort to validate this material or data for content, correctness, or usability. Material or data that is not in this condition shall be a breach of this agreement. MW may, in its sole discretion, reject material or data that You have placed on MW's servers or that You request MW put on MW's servers. MW agrees to notify You immediately of its refusal of the material or data and provide You with an opportunity to amend or modify the material or data to meet the requirements of MW. Your failure to amend or modify the data or material as directed by MW within a reasonable time shall be a breach of this agreement.
10. Liability; No Warranty; Limitation of Damages. YOU EXPRESSLY AGREE THAT USE OF MW'S SERVICES IS AT YOUR SOLE RISK. The MW, its agents, affiliates, licensors or the like, do not represent or warrant, expressly or impliedly, that MW's services will not be interrupted or error free; neither warranty as to the results that may be obtained from the use of MW's services or as to the accuracy, reliability, or content of any information service or merchandise contained in or provided through the MW's services, unless otherwise expressly stated in this agreement.
The MW, its officers, agents, or anyone else involved in providing MW's services shall not be liable for any direct, indirect, incidental, special, or consequential damages that result from the use or inability to use MW's services; or for any damages that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission, or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction, or unauthorized access to MW's records, programs, or services.
The MW will exercise no control over the content of the information passing through MW's network except those controls expressly provided herein. The MW makes no warranties or representations of any kind, express or implied, for the service it is providing. The MW also disclaims any warranty of merchantability or fitness for a particular purpose and will not be responsible for any damages that may be suffered by the You, including loss of data resulting from delays, non-deliveries, or service interruptions by any cause or due to your errors or omissions. Use of any information be used at Your own risk, and MW specifically denies any responsibility for the accuracy or quality of information obtained through its services. MW expressly limits its damages for any non-accessibility time or other downtime to the penalties listed in MW's Shared Web Hosting Service Level Agreement. MW expressly limits its responsibility for any damages arising as a consequence of such unavailability.
11. Patents, Copyrights, Trademarks, and Other Intellectual and Proprietary Rights. Except for rights expressly granted herein, this agreement does not transfer any intellectual or other property or proprietary right to You. You agree that all right, title, and interest in any product or service provided to You is the MW's. These products and services are only for your use in connection with MW's services provided to you as outlined in this agreement.You expressly warrant to MW that You have the right to use any patented, copyrighted, or trademarked material which You use, post, or otherwise transfer to MW servers.
12. Hardware, Equipment, and Software. You are responsible for and must provide all phones, phone services, computers, software, hardware, and other services necessary to access MW servers. MW makes no representations, warranties, or assurances that your equipment will be compatible with MW services.
13. Age. You expressly represent and warrant that You and any person to whom You grant access to your MW account have reached the age of eighteen.
14. Indemnification. You agree that you shall defend, indemnify, save, and hold MW harmless from any and all demands, liabilities, losses, costs, and claims, including reasonable attorneys' fees, asserted against MW, its agents, servants, officers, and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by You, your agents, employees, or assigns. You agree to defend, indemnify, and hold harmless MW against liabilities arising out of:
(i) any injury to person or property caused by any products sold or otherwise distributed in connection with MW services provided to you;
(ii) any material supplied by You infringing or allegedly infringing on the property or proprietary rights of a third party;
(iii) copyright infringement; and
(iv) any defective product which You sold or distributed by means of MW services.
You agree that the liability limit of MW shall in no event be greater than the aggregate dollar amount which You paid during the terms of this agreement, including any reasonable attorneys' fees and court costs.
15. Miscellaneous. Governing Law; Jurisdiction; Forum. This agreement shall be governed by and construed in accordance with the laws of the state of Washington without regard to its conflicts of laws or principles. You agree, in the event any suit is brought in connection with MW's provision of services to you, to submit to the jurisdiction of the state of Washington, and agree to the courts of Okanogan County, Washington as the appropriate forum.
Severability. In case any one or more of the provisions contained herein shall, for any reason, be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions of this agreement, and this agreement shall be construed as if such provision(s) had never been contained herein, provided that such provision(s) shall be curtailed, limited, or eliminated only to the extent necessary to remove the invalidity, illegality, or unenforceability.
Waiver. No waiver by MW of any breach by You of any of the provisions of this agreement shall be deemed a waiver of any preceding or succeeding breach of this agreement. No such waiver shall be effective unless it is in writing and then only to the extent expressly set forth in such writing.