These General Terms and Conditions for Internet Services
together with any applicable service agreement and application
signed by Customer (collectively, the “Internet Access
Agreement”) govern the Internet Services provided by
Wittenberg Telephone Company d/b/a Wittenbergnet.net or Cirrinity.com
(“Wittenberg”) and used by Customer.
“Customer” or “You” means any person or entity
that has signed a service agreement for use of Wittenberg’s
“Internet Services” or “Services” means all Internet related services provided by Wittenberg including, but not limited to, access to the Internet (whether vial Dial-Up or DSL), anti-spam and anti-virus filtering, and any equipment provided without additional charge by
Wittenberg in order to connect to the Internet.
“Month-to-Month Contract” means a service agreement between Wittenberg and Customer, whereby Wittenberg agrees to provide and Customer agrees to purchase Internet Services for an unspecified period of time.
“Term Contract” means a service agreement between Wittenberg and Customer, whereby Wittenberg agrees to provide and Customer agrees to purchase Internet Services for a minimum fixed period of time.
“User” means any person or entity that makes use of Wittenberg’s Internet Services under Customer’s login/username with or without Customer’s knowledge and regardless of whether said use was authorized by Customer.
Wittenberg provides and Customer accepts
Internet Services at the applicable rates and charges,
subject to the terms and conditions of the Internet Access
Wittenberg shall only provide Internet Services to Customer in the geographic areas currently served by Wittenberg.
Customer must be at least 18 years old to apply for and maintain an Internet Services account with Wittenberg. By accepting Wittenberg’s Internet Services, Customer represents that Customer meets this age requirement.
Customer and any persons authorized by Customer are the only individuals who are authorized to use Wittenberg’s Internet Services or access the Internet through Customer’s Wittenberg account. Customer shall not permit any unauthorized persons to use the Internet Services or access the Internet through Customer’s Wittenberg account.
Customer is responsible for all activity and use of Internet Services through Customer’s account including, without limitation, all actions on Customer’s account performed by any User.
Internet Services are provided for lawful purposes only. Wittenberg will cooperate with law enforcement and others to the fullest extent permitted by law to prosecute any unlawful use of Wittenberg’s Internet Services.
The Internet access provided by Wittenberg enables Customer and Users to access a wide variety of information on virtually any subject imaginable. Some of the material accessible via the Internet contains language or pictures which some individuals may find offensive, profane, abusive, inflammatory, misleading, controversial or inappropriate for minors. Some of the material available via the Internet is illegal. Wittenberg has no control over the content available on the Internet. Customer and Users should use good judgment when accessing the Internet including supervising any use by minors.
Wittenberg cannot protect You or any User from potential fraud on the Internet. Keep your login/username and passwords confidential. Use caution when providing personal information while connected to the Internet. Monitor closely all activity that takes place on your account.
Dial-up Internet Services are provided subject to the following limitation: access to dial-up Internet Services will be provided via a local modem pool number. Access dial-up numbers may not be available in all areas. It is Customer’s sole responsibility to determine if use of a particular dial-up number will cause Customer to incur local, long-distance, toll or other charges. Wittenberg is not responsible for any telecommunications charges incurred by Customer through Customer’s use of the Internet Services.
Customer agrees that Wittenberg’s primary communication with Customer regarding Internet Services, the Internet Access Agreement and other Wittenberg policies will be given via the Wittenberg home page (www. Wittenbergnet.net) and/or Customer’s e-mail address. Customer is encouraged to periodically view the Wittenberg home page and Customer’s Wittenberg e-mail account on AT LEAST a monthly basis.
Customer agrees to notify Wittenberg within ten (10) days of any change of Customer’s address.
This Acceptable Use Policy sets forth the basic rules of Internet use by Customer and any User. Wittenberg reserves the sole and unconditional right to immediately and without prior notice to Customer refuse, suspend or terminate Internet Services to anyone and to remove any material or information that in Wittenberg’s sole discretion violates this Acceptable Use Policy, regardless of Customer’s or any User’s knowledge or intent of such violation.
Unlawful Use. Customer agrees that the Internet Services
shall not be used for any unlawful purpose.
Unsolicited Advertising/Spamming. Customer agrees not to post or transmit any unsolicited material through any active medium (e.g., e-mail, chat rooms). Customer agrees not to use the Internet Services for unsolicited mass e-mailing (“Spamming”) of any kind. To assist Wittenberg in preventing Spamming, Wittenberg may limit the number of recipients allowed per e-mail and/or limit the number of e-mails Customer can send over a short period of time.
Disruption/Hacking. Customer agrees not to attempt to obtain Internet Services by fraudulent means or device with intent to avoid payment, attempt to access, alter, or destroy any information of Wittenberg or of another Wittenberg subscriber, attempt to interfere with the use of the Internet by other lawful users or in violation of any laws, attempt to post or transmit any information or software which contains a virus, worm, cancelbot or other harmful component in aid of any unlawful activity, or attempt to access a record in electronic format that contains personally identifiable information in order to facilitate any violation of the law.
Disruptive Content. Customer agrees not to post or transmit any unlawful, illegal, obscene, offensive or pornographic information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national, or international law, including without limitation the U.S. export control laws and regulations.
Harassment. Customer agrees not to use the Internet Services for harassment, threats, verbal abuse, and persistent, unwanted contact of any kind. Harassment covers any use of the Internet Services to directly or indirectly contact any other user (including users of another Internet service) in an unwanted fashion. Harassment can be in forms such as unwanted e-mail, chat messages, or verbal declarations on a public forum, or can be in the form of defamatory information posted on websites.
Fraud/False Advertising. Customer agrees not to post or transmit fraudulent information on or through the Internet Services. This can include false advertising, identity theft, or misrepresentation of any kind including falsifying information, spoofing, phishing, forged e-mail headers or fictitious e-mail addresses.
Copyright Infringement. Customer agrees not to download, upload, post, publish, transmit, reproduce, distribute, or participate in the transfer or sale, or in any way exploit any information, software, or other material, obtained through the Internet which is protected by copyright or other proprietary rights or derivative works with respect thereto, without obtaining permission of the copyright owner or right holder.
Extended Passive Connections. Customer agrees not to use the Internet Services for extended periods of time in a standby or inactive mode. Use of programs intended to keep Customer online while Customer’s computer is unattended is prohibited. The Internet Services are intended for active use of the Internet, e-mail, games, etc. Customer may stay connected to the Internet so long as Customer is using the Internet Services for such active purposes.
Reselling the Internet Service. Customer agrees not to resell, redistribute or reconfigure the Internet Services to allow others to use the Internet Services.
Abuse. Customer agrees not to use the Internet Services in violation or contravention of any upstream Internet access provider’s or underlying communications carrier’s acceptable use policy. Customer agrees not to abuse or fraudulently use the Internet Services in any way.
Wittenberg Liability. Customer agrees not to subject Wittenberg to liability of any kind.
Dial-Up Internet Services. Dial-Up Customers shall be
solely responsible, at their own expense, for all equipment
(e.g., a modem) necessary to connect to the Internet. Wittenberg
will provide no equipment. Dial-Up Customers shall be responsible
for the use and compatibility of their equipment with Wittenberg’s
DSL Internet Customers.
Wittenberg shall provide and install for its DSL Customers certain equipment (e.g., a modem) to access Internet Services. DSL Customers shall be solely responsible, at their own expense, for all other equipment necessary to connect to the Internet. Use of the equipment provided by Wittenberg (“Wittenberg Equipment”) is included as part of the monthly fee for DSL Internet Services. DSL Customers are responsible for paying applicable installation charges.
Title to the Wittenberg Equipment shall remain with Wittenberg at all times and Customer shall have no property rights or interest therein except as set forth in this Internet Access Agreement. Under no circumstances may Customer move or relocate the Wittenberg Equipment for use at another location.
You shall keep the Wittenberg Equipment in good condition and promptly return the same to Wittenberg within seven (7) days of the date of termination of this Internet Access Agreement. If You fail to timely return the Wittenberg Equipment in good condition, You will be liable for the equipment replacement charges plus, to the extent permitted by law, any reasonable collection costs, including without limitation attorneys’ fees, that may be incurred. The replacement charges for unreturned or damaged Wittenberg Equipment shall be the then current replacement cost.
You must notify Wittenberg promptly of any Wittenberg Equipment failure or malfunction. Wittenberg shall replace or repair the Wittenberg Equipment, except that You shall be responsible for all costs incurred by Wittenberg to repair or replace the Wittenberg Equipment if such repair or replacement is caused by the negligent or willful conduct of You or any User and for any service calls where the problem is not found to be caused by the Wittenberg Equipment. You agree that no other entity or person besides Wittenberg shall repair or replace the Wittenberg Equipment without the express written consent of Wittenberg.
You shall abide by any terms and/or conditions for use imposed by the Wittenberg Equipment manufacturer if provided to You by Wittenberg.
You shall be responsible for payment of charges for all
Internet Services furnished by Wittenberg, including but
not limited to all applicable installation fees, service
fees, usage fees, early termination charges, late fees,
reactivation fees, returned check fees, administrative
process fee, and deposits. Charges shall be based on prices
in effect at the time Internet Services are furnished or
as provided in a Term Contract. Current prices for Internet
Services may be obtained by calling 715-253-2111, by e-mailing
email@example.com, or by stopping at Wittenberg’s
You agree to pay any federal, state or local tax, fee, regulatory cost recovery charges, surcharges, franchise fees and other tax-like charge (e.g., sales and use taxes) required or permitted by law (“Taxes”). Taxes are subject to change without notice.
Customer’s liability for Internet Services shall commence on the date Internet Services are provided to Customer and will continue until the Internet Services are terminated in accordance with Section 6, below. Customer shall pay Wittenberg, in advance, the monthly fee applicable for Internet Services to be provided each month. Customer shall pay Wittenberg a prorated amount of the monthly fee for Internet Services provided in the initial month of service, for the portion of the month that Internet Services were provided. Any accrued overtime usage charges will be billed in arrears.
Customer agrees to make payments by the due date on the monthly bill. To the extent permitted by applicable law, Wittenberg may charge a late fee of five percent (5%) for any amount not paid when due.
Wittenberg may charge a reasonable return check fee. Wittenberg may charge a reasonable administrative processing fee and actual costs incurred with respect to any authorized demand by Wittenberg for payment of a bill from Customer’s designated financial institution which is rejected by said financial institution.
Subject to applicable law, Customer agrees to reimburse Wittenberg for its costs, including reasonable attorneys’ fees, collection fees and similar expenses incurred by Wittenberg with respect to collection of payment.
Wittenberg reserves the right to require Customer to pay a deposit for the establishment or continuation of Internet Services.
Refunds, credits or adjustments to bills shall not be given for any charges which are more than sixty (60) days old. Unless Customer gives notice to Wittenberg of a good faith billing dispute within sixty (60) days after payment of the disputed amount is due, Customer waives any right to challenge the disputed amount and releases Wittenberg from all liabilities and claims resulting from any such billing dispute.
Customer is solely responsible for all financial transactions (e.g., for using on-line banking services or shopping on-line) made using Customer’s account whether by You or any User, knowingly or unknowingly.
Customer is solely responsible for all telecommunications charges (e.g., local, long-distance and toll charges) for connection to Internet Services through Customer’s account.
Where Customer has entered
into a Term Contract for Internet Services, termination
of Internet Services shall be governed by the Term Contract
and this Section 6 of the Internet Terms and Conditions.
In the event of a conflict between the provisions of this
Section 6 and the provisions of the Term Contract signed
by Customer, the provisions of the Term Contract shall
Termination by Customer. Customer may terminate the Internet Services at any time upon written notice to Wittenberg or by calling 725-253-2111. Charges for Internet Services will continue to accrue until the date of termination. Customer shall be responsible to pay any applicable early termination charges as set forth in a Term Contract.
Termination by Wittenberg. Wittenberg may terminate Internet Services in accordance with the provisions of any applicable Term Contract. Where Customer has entered into a Month-to-Month Contract, Wittenberg may terminate Internet Services as follows:
Wittenberg may terminate Internet Services for cause, immediately with or without prior or further notice, if: (i) Wittenberg believes, in its sole discretion, that Customer or any User has violated the Acceptable Use Policy (Section 3 above); (ii) Customer or User commits a breach of any terms and conditions of the Internet Access Agreement (including without limitation payment of amounts due) and said breach is not cured within ten (10) days after Wittenberg provides Customer with notice of such breach; (iii) in response to a court or government demand; or (iv) if Wittenberg determines, in its sole discretion, that the integrity or normal operations of Wittenberg’s network is at imminent risk.
Wittenberg may terminate Internet Services, without cause, upon thirty (30) days’ prior notice.
Miscellaneous Termination Provisions.
Upon termination of the Internet Access Agreement, all rights granted to Customer shall immediately cease and terminate.
Termination of the Internet Access Agreement does not release Customer from the obligation to pay all accrued charges under the Internet Access Agreement.
Customer shall be entitled to a prorated refund of the monthly fee for Internet Services paid in advance, for the portion of the month after the date of termination, subject to offset of any outstanding amounts owed.
To the extent permitted by law, Wittenberg reserves the right to change, in its sole discretion, the rates, terms and conditions applicable to its Internet Services (i.e. the Internet Access Agreement) including, but not limited to, any features of such Internet Services. Any change shall be effective thirty (30) days after providing written notice to Customer. Customer’s use of Wittenberg’s Internet Services after the effective date of any change shall constitute Customer’s acceptance of and agreement to such change.
Customer may temporarily suspend (i.e., place on Vacation
Status) Internet Services for a period of up to six (6)
months. While on Vacation Status, Customer shall not be
required to pay the regular monthly fee for Internet Services.
Customer shall be charged a non-refundable fee of $9.95,
for any month or part thereof, while Customer is on Vacation
While on Vacation Status, Customer will not have access to the Internet, but Customer will be able to access their e-mail account(s) via other means.
Upon reactivation, Customer will be responsible for payment of charges for all Internet Services.
To elect Vacation Status or reactivate Internet Services that have been placed on Vacation Status, Customer may call Wittenberg at 715-253-2111.
Login/Usernames, Passwords and E-mail Addresses.
Any means of identification assigned to Customer by Wittenberg including, but not limited to, login/usernames, passwords and e-mail addresses, will remain the property of Wittenberg and at Wittenberg’s sole discretion may be altered or replaced at any time. Customer has no right to the continued use of the login/username, passwords or e-mail address.
CUSTOMER ASSUMES FULL RESPONSIBILITY AND
RISK FOR ITS’ OWN OR ANY USER’S USE OF WITTENBERG’S INTERNET
SERVICES AND THE INTERNET.
WITTENBERG’S INTERNET SERVICES AND EQUIPMENT ARE PROVIDED “AS-IS” AND “AS-AVAILABLE” WITH NO WARRANTIES EXCEPT AS SPECIFICALLY PROVIDED HEREIN. WITTENBERG MAKES NO WARRANTIES OR GUARANTEES AS TO THE CONTINUOUS AVAILABILITY OF THE INTERNET SERVICES, ANY SPECIFIC FEATURE OF THE INTERNET SERVICES, OR THAT INTERNET SERVICES WILL BE UNINTERRUPTED, PRIVATE OR ERROR FREE.
WITTENBERG MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIMS ANY WARRANTY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR ANY WARRANTY ARISING BY USAGE OR TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE WITH RESPECT TO ITS INTERNET SERVICES. THIS DISCLAIMER SHALL APPLY TO ALL ADVICE, ASSISTANCE, DATA, INFORMATION, OR SERVICES, NOW OR SUBSEQUENTLY FURNISHED, DELIVERED OR MADE AVAILABLE BY WITTENBERG, ITS AFFILIATES, CONTRACTORS, EMPLOYEES OR AGENTS. NO ADVICE OR INFORMATION GIVEN BY WITTENBERG, ITS AFFILIATES, CONTRACTORS, EMPLOYEES OR AGENTS SHALL CREATE A WARRANTY.
WITTENBERG MAKES NO WARRANTIES REGARDING THE FORM, CONTENT OR NATURE OF THE INFORMATION, SOFTWARE, GRAPHICS, PHOTOGRAPHS, VIDEO, SPEECH, SOUNDS, MUSIC, AND OTHER MATERIAL (“DATA”) AND SERVICES COMMUNICATED THROUGH THE INTERNET. WITTENBERG RESERVES THE RIGHT (BUT SHALL HAVE NO OBLIGATION) TO MONITOR DATA AND TO REMOVE DATA THAT WITTENBERG DEEMS UNACCEPTABLE, UNDESIRABLE, OR IN VIOLATION OF THE INTERNET ACCESS AGREEMENT INCLUDING, BUT NOT LIMITED TO, WITTENBERG’S ACCEPTABLE USE POLICY. WITTENBERG RESERVES THE RIGHT TO DISCLOSE ANY DATA AND TO IDENTIFY THE RESPONSIBLE CUSTOMER AS MAY BE REQUIRED BY LAW, OR TO OPERATE WITTENBERG’S INTERNET SERVICES PROPERLY, OR TO PROTECT ITSELF OR ITS OTHER CUSTOMERS.
IN NO EVENT WILL WITTENBERG BE LIABLE TO
CUSTOMER FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, RELIANCE,
SPECIAL OR PUNITIVE DAMAGES INCLUDING, BUT NOT LIMITED
TO, DAMAGES, FOR LOSS OF GOOD WILL, WORK-STOPPAGE, COMPUTER
FAILURE OR MALFUNCTION, LACK OF PRIVACY, ANY AND ALL OTHER
COMMERCIAL DAMAGES OR LOSSES (INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF OPPORTUNITY,
OR BUSINESS INTERRUPTION) AND ANY AND ALL DAMAGES RELATED
TO THE USE OR INABILITY TO ACCESS THE STATEWIDE EMERGENCY
SERVICES NUMBER (911), ARISING OUT OF THE USE OF OR INABILITY
TO USE WITTENBERG’S INTERNET SERVICES, EVEN IF WITTENBERG
OR ITS AUTHORIZED REPRESENTATIVE(S) HAVE BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES.
WITTENBERG SHALL NOT BE LIABLE IN ANY WAY FOR CIRCUMSTANCES BEYOND ITS CONTROL, INCLUDING WITHOUT LIMITATION, ACTS OR OMISSIONS OF OTHERS OR ACTS OF GOD.
INTERNET SERVICES ARE SUBJECT TO OCCASIONAL TEMPORARY INTERRUPTIONS OR IRREGULARITIES, AND TRANSMISSION LIMITATIONS CAUSED BY ATMOSPHERIC, TOPOGRAPHICAL AND OTHER LIKE CONDITIONS. ADDITIONALLY, INTERNET SERVICES MAY BE TEMPORARILY REFUSED, LIMITED, INTERRUPTED OR CURTAILED DUE TO GOVERNMENT REGULATIONS OR ORDERS, SYSTEM CAPACITY LIMITATIONS, LIMITATIONS IMPOSED BY AN UNDERLYING COMMUNICATIONS CARRIER, OR BECAUSE OF EQUIPMENT MODIFICATIONS, UPGRADES, REPAIRS OR REALLOCATION OR OTHER SIMILAR ACTIVITIES NECESSARY OR PROPER FOR THE OPERATION, REPAIR, MAINTENANCE OR IMPROVEMENT OF WITTENBERG’S NETWORK. WITTENBERG SHALL HAVE NO LIABILITY TO CUSTOMER FOR ANY DAMAGES OF WHATEVER TYPE OR NATURE WHICH MAY RESULT, EITHER DIRECTLY OR INDIRECTLY, FROM ANY SUCH TEMPORARY INTERRUPTIONS OF INTERNET SERVICES.
WITHOUT LIMITING THE EFFECT OF ANY OTHER PROVISION IN THIS SECTION 11, WITTENBERG’S SOLE LIABILITY, IF ANY, FOR LOSS OR DAMAGE ARISING OUT OF THE MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, ERRORS OR DEFECTS IN THE INTERNET SERVICES OCCURRING IN THE COURSE OF FURNISHING INTERNET SERVICES AND NOT CAUSED BY THE NEGLIGENCE OR WILLFUL ACTS OR OMISSIONS OF THE CUSTOMER OR ANY USER, SHALL NOT EXCEED THE PROPORTIONATE CHARGE APPLICABLE TO THE PERIOD TO WHICH THE INTERNET SERVICES WERE AFFECTED BY SUCH MISTAKE, OMISSION, INTERRUPTION, DELAY, ERROR OR DEFECT.
EXCEPT AS PERMITTED UNDER SECTION 11.4, IF CUSTOMER IS DISSATISFIED WITH THE INTERNET SERVICES OR WITH ANY TERMS, CONDITIONS, RULES, POLICIES, GUIDELINES OR PRACTICES OF WITTENBERG IN OPERATING THE INTERNET SERVICES, CUSTOMER’S SOLE AND EXCLUSIVE REMEDY IS TO TERMINATE THE INTERNET ACCESS AGREEMENT.
THE LIMITATIONS UNDER THIS SECTION 11 SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
Customer shall at all times defend, indemnify
and hold harmless Wittenberg, its affiliates, upstream
internet service/access providers and underlying communications
carriers, from and against any and all claims, liabilities,
losses, judgments, costs, damages and expenses, including
reasonable attorneys fees, related to or arising from (i)
any violation of the Internet Access Agreement including
without limitation the Acceptable Use Policy, by Customer
or any User; and (ii) Customer’s or User’s use of Wittenberg’s
Internet Services or the Internet or the placement or transmission
of any information, software, graphics, photographs, video,
speech, sounds, music or other materials on the Internet.
Wittenberg shall promptly notify Customer of any claim or litigation to which this indemnity applies, and Customer shall assume the defense of any such claim or litigation. Customer shall keep Wittenberg reasonably and timely apprised of the status of the claim, demand or lawsuit. Wittenberg reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which Wittenberg is entitled to indemnification under the Internet Access Agreement, except that if Customer does not promptly assume or diligently pursue the defense, then Wittenberg may proceed to defend or settle said action at the expense of Customer. In no event shall Customer settle or consent to any judgment pertaining to any such action without the prior written consent of Wittenberg, which consent shall not be unreasonably withheld, delayed or conditioned.
Except as otherwise
provided in the Internet Access Agreement, all notices
shall be in writing and sent as follows to these addresses:
If to Wittenberg:
via personal delivery:
Wittenberg Telephone Company
104 W. Walker St
Wittenberg, WI 54499
via United States Mail:
Wittenberg Telephone Company
PO Box 160
Wittenberg, WI 54499-0160
If to Customer:
via Wittenberg home page: www.wittenbergnet.net
via Customer’s e-mail address; or
via personal delivery or United States mail to the address identified on the Service Agreement and/or application form signed by Customer.
Notice shall be deemed to have been given on the date that the same is personally delivered, deposited in the United States Mail, postage pre-paid, certified mail, return receipt requested, or sent via e-mail if sent before 5:00 p.m. (if the e-mail is not sent before 5:00 p.m., it shall be deemed to have been given on the next calendar day).
Wittenberg and Customer may change the addresses set out in Sections 13.1 and 13.2 above for purposes of notice by giving written notice to the other party of such change in the same manner as is provided above.
The Internet Access Agreement, as defined
herein, is the entire agreement between Wittenberg and
Customer. This Internet Access Agreement supersedes any
inconsistent or additional promises or representations
made to you by any employee or agent of Wittenberg.
No amendment to the Internet Access Agreement by Customer shall be valid or binding on Wittenberg unless made in writing and signed by an authorized representative of Wittenberg.
Customer may not assign its rights, or delegate any obligations under the Internet Access Agreement, in whole or in part, without the prior written consent of Wittenberg. Wittenberg may assign its rights and delegate its obligation under the Internet Access Agreement, in whole or in part, at any time, upon notice, but without consent of Customer.
The Internet Access Agreement, and the rights and obligations of Wittenberg and Customer thereto, shall be governed by and construed in accordance with the laws of the State of Wisconsin, without giving effect to conflict of law provisions. In the event of any controversy, claim, or dispute between Wittenberg and Customer arising out of or relating to this Agreement, such controversy, claim, or dispute may be tried solely in a state or federal court having jurisdiction for Wittenberg, Wisconsin, and Wittenberg and Customer irrevocably consent to the exclusive jurisdiction (including personal jurisdiction) and venue of such courts.
No waiver shall be implied by the failure of Wittenberg or Customer to insist on performance of any of the terms or conditions of the Internet Access Agreement or to exercise any right or privilege granted to such party. No express waiver by Wittenberg or Customer shall be construed as waiving any breach of the Internet Access Agreement or the performance of any of the terms or conditions not specified in the express waiver, and then only for the time and to the extent stated therein. One or more waivers of any covenants, term or condition shall not be construed as a waiver of a subsequent breach of the same covenant, term or condition.
If any provision of the Internet Access Agreement shall be held to be invalid under any applicable laws, such invalidity shall not affect any other provision of the Internet Access Agreement that can be given effect without the invalid provision, and to this end, the provisions hereof are severable.
Wittenberg shall in no event be liable or responsible to Customer for any delay or failure in the performance of any part of the Internet Access Agreement to the extent such delay or failure is caused by fire; flood; explosion; war; strike; power blackout; earthquake; volcanic action; water; embargo; labor dispute; government requirement; civil or military authority; acts of God; public enemy; terrorist act; or inability to secure raw materials, products, labor permits, rights of way or transportation facilities; breakage or accident to equipment or facilities; temporary failure of equipment or facilities; freezing of equipment or facilities; acts or omissions of carriers or suppliers; acts or failure to act of any government authority; or any other cause beyond the reasonable control of Wittenberg or any underlying communications carrier, whether or not similar to the foregoing. Wittenberg shall endeavor to give Customer prompt notice of any such delay or failure.