CMS Internet (CMS) provides the Service, defined below in Section 1, subject to your compliance with this Agreement.

1. SERVICE

1.1 The Service includes: Internet access including, but not limited to the following types: Wireless, Ethernet, Fiber, Cable.

1.2. Any means of identification assigned to you by CMS (including usernames and email addresses) will remain the property of CMS and at CMS sole discretion may be altered or replaced at any time.

1.3. CMS makes no guarantees as to the continuous availability of the service, any specific feature, speed, or throughput of the service. CMS reserves the right to change the Service or any of its features at any time with or without notice.

1.4 CMS reserves the right to disconnect services to any user that CMS at their sole discretion determines to have an “infected computer”. Such infections may include, but are not limited to: Virus and botnet infections. Subscriber will be encouraged to have their system cleaned by a third party provider.

1.5 CMS reserves the right at our discretion send out service announcements, maintenance announcements, and/or special offers to our current subscribers either via the email address we have on file and/or via the postal address we have on file.

1.6 LATE FEES: You agree that for amounts not paid by the due date, CMS may charge, as a part of its rates and charges, and you agree to pay, a late payment fee of $5.

In the event you fail to pay billed charges when due and it becomes necessary for CMS to refer your account(s) to a third party for collection, CMS will charge a collection fee at the maximum percentage permitted by applicable law, but not to exceed 18% to cover the internal collection-related costs CMS has incurred on such account(s) through and including the date on which CMS refer(s) the account(s) to such third party.

You expressly authorize, and specifically consent to allowing, CMS and/or its outside collection agencies, outside counsel, or other agents to contact you in connection with any and all matters relating to unpaid past due charges billed by CMS to you. You agree that, for attempts to collect unpaid past due charges, such contact may be made to any mailing address, telephone number, cellular phone number, e-mail address, or any other electronic address that you have provided, or may in the future provide, to CMS. You agree and acknowledge that any e-mail address or any other electronic address that you provide to CMS is your private address and is not accessible to unauthorized third parties. For attempts to collect unpaid charges, you agree that in addition to individual persons attempting to communicate directly with you, any type of contact described above may be made using, among other methods, pre-recorded or artificial voice messages delivered by an automatic telephone dialing system, pre-set e-mail messages delivered by an automatic e-mailing system, or any other pre-set electronic messages delivered by any other automatic electronic messaging system.

1.7 Equipment & Scope of Work: All equipment, (radios, antennas & standard mounting equipment), except for equipment purchased and paid for in full by the Subscriber, will at all times remain the property of CMS. Subscriber may not sell, transfer, lease, encumber or assign all or part of the equipment to any third party. Subscriber shall pay for the full retail cost of, or the repair or replacement of any lost, stolen, unreturned, damaged, sold, transferred, leased encumbered or assigned equipment or part thereof, together with any costs incurred by CMS in obtaining or attempting to obtain possession of any such equipment. On expiration or termination of this Agreement, Subscriber authorizes CMS to retrieve from Subscriber’s premises equipment for appropriate disposition, which is owned by CMS.

Permitting & Landlord Approval: It is the Subscriber’s responsibility to obtain any required permits or to gain landlord approval for the placement of the antenna on the Subscribers building. CMS may assist you or provide this service for you for an additional charge.

Standard Maintenance: CMS connection point ends at the wireless radio or LAN jack on our router. Any trouble beyond our network or equipment is the full responsibility of the Subscriber and their subsequent Network Administrator or vendor. Standard maintenance is limited solely to CMS network and backbone connectivity. If your connection ceases to function properly after it has been tested and shown to be working, but CMS network is still functioning properly, a technician will be sent to trouble shoot during normal business hours (9AM-5PM, Monday-Friday). If the problem is due to subscriber negligence, or any of those items listed in the “Not Covered by Maintenance Plan or Standard Maintenance Plan” section, standard hourly rates apply.

Maintenance Plan: Subscriber has the option to select a desired response time and associated cost. Maintenance Plans available upon request.

Not Covered by Maintenance Plan or Standard Maintenance Plan: Maintenance, repair or replacement of parts damaged or lost through catastrophe, accident, lightning, neglect, misuse, transportation, theft, fault or negligence of Subscriber or causes external to the wireless system, such as, but not limited to failure of, or faulty, electrical power or air conditioning, operator error, or malfunction of Subscribers computer and/or peripheral equipment not installed by CMS, or from any cause related to or other than the intended and ordinary use. Antenna re-aiming due to obstructions such as trees or buildings, or storm related damage. Any re-aiming of antennas or reconstruction of tower/mast assemblies will be billed to the Subscriber at standard hourly rates.

Warranties: All CMS provided equipment, cables, and antennas are covered for a period of no more than 1 year. If any of the equipment fails due to manufacture defect prior to one year, it will be replaced at no charge pending testing of said equipment.

Use of Material: All content downloaded or uploaded using CMS system shall remain the sole responsibility of the Subscriber. The Subscriber assumes all risks associated with material, Including but not limited to, copyright restrictions, trademark restrictions, service mark restrictions, confidentiality limitations, trade secrets, patent restrictions or any other intellectual property tangible or intangible rights associated with the material.

Use of Services: Subscriber is expressly prohibited from reselling or sharing any services offered by CMS under this agreement without the prior written consent of CMS. Subscriber is prohibited from hosting any web site dedicated to the sale or dissemination of pornographic materials and/or containing content of a sexually explicit nature. Subscriber understands and agrees that this service may be utilized solely for lawful purposes and the use of this service in connection with or adjunct to any matter or thing which violates and foreign municipal, state, county or federal state or regulation is expressly prohibited. Subscriber acknowledges that CMS is a commercial entity. Subscriber agrees that its use of the services herein shall not infringe upon the use by other subscribers of CMS or the wireless network. Subscriber is prohibited from sending unsolicited advertising or promotional materials to other CMS or wireless network subscribers. Should Subscriber violate any provision of this section, CMS at its sole discretion may immediately suspend services to Subscriber and terminate this agreement. CMS liability for termination of this Agreement under this provision shall be solely limited to a refund to Subscriber of any unearned prepaid service fees. CMS shall not be liable for any incidental or consequential damages as a result of the termination of the Agreement under this provision.

Abuse of Services: Any use of the CMS system that disrupts the normal use of the system for other CMS Subscribers is considered to be abuse of services. The propagation of computer worms or viruses or the use of the network to make unauthorized entry to other computational, information, or communication devices or resources of others is a violation of this agreement. The use of CMS services by Subscriber to modify, alter, reverse engineer, de-compile disk, or disassemble any proprietary work in whatever form is a violation of this Agreement. The failure of any Subscriber running IPX to use an IP tunneling protocol is a violation of this Agreement. The broadcast of Routing Internet Protocol (RIP) by Subscriber is a violation of this Agreement. Any Subscriber deemed by CMS to be in violation of this section is subject to immediate termination by CMS. Termination under this section shall have no liability other then to refund any unearned prepaid service fees including direct, indirect, Incidental or consequential damages.

Indemnification/Release: Subscriber, its agent, successor and/or assigns expressly agrees to indemnify and release CMS, its affiliates, subcontractors, employees, agents, assigns or successors from any liability for any claims, losses, actions, damages, suits, or proceedings arising out of or otherwise related to Subscriber’s installation of, use of, or termination of CMS services hereunder including but not limited to, Subscriber’s access to content uploaded or down loaded using CMS services from any source or to any recipient. Subscriber further releases CMS from any responsibility or liability related to the accuracy, quality for confidentiality of any information available by or through CMS systems and/or the wireless network. Subscriber’s release of CMS includes any actions or inaction by CMS, which amount to negligence. Subscriber further agrees to indemnify and hold harmless CMS, Inc. from and against any and all claims actions causes of action, losses or damages including attorney’s fees which in any way arise from Subscriber’s installation of, use of, termination of CMS services herein.

Disclaimer: CMS assumes no responsibility for the content contained on the Internet or otherwise available through the wireless network or from any source accessible via CMS services. CMS discloses and Subscriber acknowledges that there may be content on the Internet or otherwise available through the services provided by CMS which may be offensive to some individuals, which may not be in compliance with local, state or federal laws, rules or regulations, Including but not limited to pornographic, or otherwise inappropriate or sexually explicit or offensive content. Subscriber acknowledges to CMS that its use of CMS services to access information, content or other services is at its own risk.

Governing Law and Venue: The laws of the State of Michigan shall govern the terms of this Agreement. The parties hereto stipulate and agree that the exclusive venue for the resolution of all disputes concerning this Agreement shall be Montcalm County, Michigan.

Arbitration & Attorneys Fees: The Subscriber and CMS agree that any controversy or claim between them arising out of or relating to this Agreement shall be settled exclusively by arbitration. Such arbitration shall be conducted in accordance with the commercial arbitration rules then in force of the American Arbitration Association. The arbitration award shall be final and binding on both parties. Judgment upon such arbitration award may be entered in any court having jurisdiction. Subscriber and CMS agree that should either party bring action for enforcement, interpretation or otherwise under this Agreement the prevailing party in such action shall be entitled to its attorney’s fees and costs including those incurred in any appeal.

Entire Agreement: This Agreement constitutes the entire Agreement between the parties and no other representations or statements will be binding upon the parties. If any part of this Agreement is held to be invalid or unenforceable for any reason, the remaining terms and conditions of this Agreement shall remain in full force and effect.

2. REGISTRATION REQUIREMENTS

2.1. Member certifies to CMS that he/she is not a minor. By accepting this Agreement, you represent that you meet this age requirement. Minors who use the Service are assumed to have parental or guardian consent to do so.

2.2. You agree to provide CMS with accurate and complete billing information including your legal name, address, and telephone number. All changes to this information must be reported to CMS within 30 days of the change.

2.3. By accepting this Agreement, you agree that you are responsible for all charges posted to your account until you cancel the account as specified in Section 11.

3. FEES

3.1. Setup fees are nonrefundable, and CMS does not issue pro rata refunds for any fees paid in advance.

3.2. Unlimited Internet access as defined in section 3 of the Acceptable Use Policy, is offered by CMS subject to the following limitations:

3.3. Current prices for CMS services may be obtained by calling (800) 962-7022. CMS reserves the right to change prices and institute new fees. CMS may change rates or institute new charges at any time upon 30 days prior notice. CMS does not issue pro rata fee refunds.

3.4 A service charge, up to the maximum allowed by the state you reside in, will be assessed to your account for each check that is returned to CMS for insufficient funds.

3.5. Payments for all charges are due within 30 days of the month in which the charges are incurred. If your account is delinquent, your account may be suspended or canceled at CMS sole discretion.

If your account incurs charges which are denied by your financial institution, CMS reserves the right to re-bill for those charges, regardless of your account status.

If your account is suspended, regular charges continue to accrue until you cancel your account. CMS may, at its sole discretion, charge a fee of $9.95 to reinstate a suspended account.

3.6. Interest charges of 1% per month (or the highest rate permitted by law if lower than 1% per month) will accrue daily on any unpaid balance which is more than 30 days old.

3.7. You agree to pay all sales and use taxes, duties, or levies which are required by law as well as all attorney and collection fees arising from efforts to collect any unpaid balance on your account.

3.8. If you believe that CMS has billed you in error, you must contact the Customer Service Department (per Section 11) within 60 days of the invoice or transaction date of the charge. Refunds or adjustments will not be given for any charges which are more than 60 days old.

4. USE OF THE SERVICE

4.1. You and any members of your household are the only individuals who are authorized to access the Service through your CMS account. You must not permit anyone else to access the Service through your account and must ensure that all authorized users of your account comply with this Agreement. In addition, there may not be any simultaneous usage of your account or username from two or more computer systems.

4.2 You are responsible for maintaining the confidentiality of passwords used by you or members of your household.

4.3. You are responsible for all charges assessed as a result of use of your account. However, CMS will not hold you responsible for charges attributable to an unauthorized users access to your account without your permission, provided that you notify CMS within 24 hours of discovering any such unauthorized use and the unauthorized use is not attributable to the failure of any authorized user to exercise reasonable efforts to maintain the confidentiality of the account or password.

4.4. You are responsible for providing and maintaining all equipment and other software necessary to access the Service.

4.5. You will not use the Service or permit others to use the Service through your account in any way that violates any law or regulation; subjects CMS to liability; or is in contravention of CMS Acceptable Use Policy. You agree to comply with all CMS security procedures and standards and to be bound by the terms and conditions of the End User License Agreement for any software provided to you.

5. MONITORING THE SERVICE; DISCLOSURE OF MEMBER INFORMATION

CMS has no obligation to monitor the Service but may do so and may disclose information regarding your use of the Service to satisfy laws, regulations or governmental requests; to operate the Service properly; and, to protect itself and its members. However, CMS will not disclose member information to outside persons or entities for the purpose of soliciting CMS members.

CMS, IN ITS SOLE DISCRETION, MAY REMOVE OR REFUSE TO POST ANY INFORMATION OR MATERIALS, IN WHOLE OR IN PART, WHICH ARE UNACCEPTABLE, UNDESIRABLE OR IN VIOLATION OF THIS AGREEMENT.

6. NO WARRANTIES ARE EXPRESSED, IMPLIED, OR PROVIDED BY CMS

6.1. Except for certain products and services specifically identified as being offered by CMS, CMS does not control any information, products or services on the Internet and except for such CMS identified content, all merchandise, information and services offered, made available, or accessible on the Internet are by third parties who are not affiliated with CMS.

6.2. YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THE SERVICE AND THE INTERNET BY YOU AND YOUR AUTHORIZED USERS. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CMS DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE VIA THE SERVICE IS FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. CMS MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH CMS OR ON THE INTERNET GENERALLY. NO ADVICE OR INFORMATION GIVEN BY CMS, ITS EMPLOYEES, AFFILIATES OR CONTRACTORS SHALL CREATE A WARRANTY.

6.3 CMS SHALL NOT BE LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM USE OF THE SERVICE. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, AND OTHER INFORMATION, AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY.

6.4. THE INTERNET CONTAINS UNEDITED MATERIALS, SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU OR OTHERS ACCESSING THE SERVICE THROUGH YOUR ACCOUNT. YOU ACCESS SUCH MATERIALS AND PERMIT OTHERS TO ACCESS SUCH MATERIALS THROUGH YOUR ACCOUNT AT YOUR OWN RISK. CMS HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY FOR SUCH MATERIALS.

7. YOUR REMEDIES

7.1. If you are dissatisfied with the Service or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to terminate this Agreement and discontinue using the Service by canceling your account by one of the methods outlined in Section 11.

7.2. UNDER NO CIRCUMSTANCES SHALL CMSInter.Net, ITS EMPLOYEES, AFFILIATES OR CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM ANY: USE OF YOUR ACCOUNT OR THE SERVICE OR YOUR INABILITY TO USE THE SERVICE; ACCESS OF THE INTERNET OR ANY PART THEREOF; OR, YOUR RELIANCE ON OR USE OF INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON OR THROUGH THE SERVICE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE.

8. INDEMNITY

You agree to defend, indemnify, and hold CMS and its affiliates harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or arising from: any violation of this Agreement by you or those who access the Service through your account; AND, the use of the Service or the Internet and the placement or transmission of any message, information, software, or other materials on the Internet by you or by those who have access to the Service through your account.

9. TERM OF AGREEMENT

This Agreement is effective from your acceptance thereof, which is indicated by your clicking the “Yes” button at the end of this Agreement or upon establishment of your account. If you are a current CMS member when this Agreement is activated, your continued use of the Service constitutes your acceptance of this Agreement.

10. TERMINATION OF AGREEMENT

10.1. You may terminate this Agreement by using only the methods outlined in Section 11. Your termination will only be complete upon your receipt of a confirmation number from CMS. You will receive verbal confirmation if you cancel by telephone, and a written reply through U.S. mail if you cancel by mail or web form. EMAIL CANCELLATIONS WILL NOT BE ACCEPTED. Charges to your account will stop accruing the day you receive your confirmation number. CMS does not issue pro rata fee refunds.

10.2. CMS may terminate this Agreement: at any time without cause upon 30 days prior notice; or, immediately if you or any person who has access to the Service through your account, commit a material breach of this Agreement, including but not limited to a breach of any obligation imposed under Section 4 or you fail to pay any charges within 30 days of the date they accrue.

10.3. Upon termination of this Agreement all rights granted to you and your authorized users under this Agreement shall immediately cease and terminate; and, you must destroy or return to CMS all copies of software and documentation that you received from CMS.

10.4. Termination of this Agreement does not release you from the obligation to pay all accrued charges under this Agreement.

10.5. CMS right to enforce the provisions of Sections 3, 5, 6, 7, 8, 11, and 12 shall survive termination of this Agreement.

11. NOTICE

11.1. You may change or cancel your CMS account by the following methods only: first-class registered or certified mail, return receipt requested addressed to CMS, Customer Service, 131 S. Main St., Mount Pleasant, MI 48858; or telephone calls directed to Customer Service at (800) 962-7022

11.2. CMS may provide notice to you by the following methods: Electronic mail (email) addressed to your email account; general posting to CMS web site athttp://www.CMSInter.Net; or by US Mail or courier service at the address you provided CMS when you registered for the service. All notices or other communications to you shall be deemed effective on the first (1st) calendar day following the date of electronic mailing or posting or on the fourth (4th) calendar day following the date of first-class mailing or deposit with a commercial courier service.

12. MISCELLANEOUS

12.1. CMS failure to enforce strict performance of any provision of this Agreement shall not be construed as a waiver.

12.2. This Agreement shall be governed by and construed in accordance with the laws of the State of Michigan, United States of America, without regard to its conflicts of law provisions. You consent to the personal jurisdiction of the federal and state courts having jurisdiction for Crystal, Michigan with respect to all disputes arising out of this Agreement, your use of the Service or otherwise between you and CMS. Any cause of action you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.

12.3. Any action at law, suit in equity, or other judicial proceeding concerning, relating to, arising from, or touching upon in any way, no matter how remotely, the contract for services between you and CMS and/or your use of and/or CMS provision of systems and services there under, shall be brought and litigated, if at all, only in the state court system of the State of Michigan. In such event, you acknowledge the right of the specified court to assert personal jurisdiction in any such action over you and waive and release now and forever any defense to that assertion of jurisdiction that might otherwise exist.

12.4. Neither this Agreement, nor any of your rights or obligations arising hereunder, shall be transferable by you to any third party without CMS prior written consent.

12.5. This Agreement, and the Acceptable Use Policy, constitutes the entire agreement between you and CMS with respect to the Service.
 
12.6. CMS reserves the right to alter, amend or modify this Agreement at any time.