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.
Definitions.
“Customer” or “You” means any person or entity
that has signed a service agreement for use of Wittenberg’s
Internet Services.
“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
Agreement.
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
Internet Services.
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
wittenbergtel@wittenbergnet.net, or by stopping at Wittenberg’s
office.
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
control.
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
Status.
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
via e-mail:
wittenbergtel@wittenbergnet.net
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.