Please read carefully before accepting the terms of Service from this website.
This end-user license agreement (EULA) is a legal agreement between you (“Customer,” “End-user,” “You,” or “Your”) and Mole Lake Broadband Corporation, Sokaogon Chippewa Community, 3051 Sand Lake Road, Crandon, WI 54520 (“MLBC”) for use of internet access services and equipment provided by MLBC (the “Service”).
TERM: The term of this Agreement is for two years. Thereafter, this agreement will automatically renew for an additional terms of 2 years at the end of each term unless You provide notice in writing to the MLBC at the above address of Your intent to cancel this Agreement and additionally You return all equipment.
YOU MAY CONTINUE TO USE THE SERVICE PROVIDED THAT YOU ACCEPT THESE TERMS.
Early Termination Fee. You will be subject to an early termination fee equal to the cost of installation as found in your Service and Equipment Agreement. You may obtain the current costs of installation from customer service.
MLBC may cease provisions of the Service(s) at any time.
The terms of this EULA apply to Your use of the Service, including any updates to the Service.
MLBC may change these terms at any time and all changes will be provided to You through a method chosen by MLBC. MLBC also may rearrange, delete, add to, or otherwise change programming or features or offerings contained in the Service(s), including, but not limited to, content, functionality, hours of availability, customer equipment requirements, speed, and upstream and downstream rate limitations. The new terms may be displayed on-screen and You may be required to read and accept them to continue Your use of the Service. If You continue to receive Services after the change, this will constitute Your acceptance of the change. If You find a change in the Services unacceptable, You have the right to cancel Your Services.
This Service is designed for residential use only unless specifically agreed to by MLBC. You agree that only You and Your authorized guests will use the Service. You are responsible for any misuse of the Service that occurs through Your account, whether by a member of Your household or an authorized or unauthorized third party.
The Service(s) will make use of location data sent from the Devices. If You use these Service(s), You consent to MLBC and its affiliates’ and licensees’ transmission, collection, maintenance, processing, and use of Your location data and queries to provide and improve location-based products and services.
The Service may contain links to other independent third-party services or websites. You acknowledge that You may incur charges with third-party services or websites, such as online services, calling parties who charge for their telephone-based services, or purchasing or subscribing to other offerings via the internet. Third-party services or websites are not under MLBC control and MLBC is not responsible for and does not endorse their content or their privacy policies. You are solely responsible for all such charges payable to third parties, including any applicable taxes. In addition, You are solely responsible for protecting the security of credit card and other personal information provided to others in connection with such transactions.
Any words following the terms “including,” “include,” “in particular,” or “for example,” or any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words.
EQUIPMENT SERVICE AND FEE AGREEMENT
Our Service offers a quality router and other Customer Premises Equipment (CPE) device(s) that delivers high-speed internet to the Wi-Fi devices in Your home. With this service, the MLBC staff will have remote router visibility and can offer remote support for all the common router challenges.
The term of this agreement 2 years will begin the day You sign this Agreement. The term will automatically renew as stated above, unless the router and all equipment is returned to MLBC and You provide notice in writing to MLBC at the address above.
You will be billed monthly, in advance, for recurring service charges, equipment charges, and fees, plus pro-rata charges, if any, for periods not previously billed. You must pay, on or before the day MLBC installs any or all of the Service(s), the first month’s Service charges, MLBC equipment charges, any deposits, and any installation charges.
DISCONTUATION OF SERVICE: MLBC shall immediately discontinue service if any monthly payment is 5 days late. MLBC shall restore service within 24 to 36 hours of verification of receipt of payment. NOTICE: MLBC ADMINISTRATIVE BUSINESS HOURS ARE MONDAY THRU FRIDAY 8:00 a.m. to 4:30 p.m. Payments will not be accepted during non-business hours.
You agree to pay a onetime applicable Setup charge the applicable monthly fee throughout the term of this agreement. If MLBC is ordered with a new installation, MLBC will install the router. If the router fails to work as intended for any reason, it must be returned to MLBC for a replacement. Additional charges may apply if You request an on-site visit.
THE CURRENT CHARGES FOR FEES AND REPLACEMENT ARE AVAILABLE UPON REQUEST FROM MLBC. THE SERVICE AND EQUIPMENT AGREEMENT IS INCORPORATED INTO THIS AGREEMENT.
All MLBC-provided equipment distributed to and/or installed for use in Your service location(s) by or on behalf of MLBC remains the property of MLBC. None of the equipment shall become a fixture. MLBC equipment is intended to service and reside at the specific Service location and is not to be used or relocated off premises without MLBC authorization. You must return all equipment upon substitution of use or discontinuation of Service for any reason. Failure to do so will result in a charge to be determined in accordance with MLBC’s then current schedule of charges for non-returned equipment, which amount shall be due immediately. You agree to pay such charge whether the equipment is lost, stolen, damaged, or destroyed.
All MLBC equipment is provided “as is”, and MLBC hereby specifically disclaims any and all express and implied warranties, including without limitation any implied warranties of merchantability, non-infringement, title, and fitness for a specific purpose.
MLBC shall not be liable for any indirect, consequential lost (such as loss of profits, business, costs, expenses) or any other form of economic loss arising from the use, deployment, and/or functionality of its equipment.
MLBC assumes no responsibility or liability for the condition or repair of any equipment or software provided by You. You are responsible for the repair and maintenance of Your own provided equipment and software. MLBC is not liable for any loss or impairment of MLBC’s Service(s) due in whole or in part to a malfunction, defect, or otherwise caused by Your own equipment and software.
With regard to MLBC’s equipment, You agree:
- To use the equipment only for the purpose of a managed router service for a MLBC account. This router cannot be used with any other Internet service provider or for any other purpose.
- To use the CPE only for the intended purposes.
- To keep all passwords secure and only available for use within the immediate household that is subscribing to MLBC Service.
- To prevent all unauthorized connections or use of the MLBC Service.
- To prevent tampering, altering or repair of the equipment by any person other than agents MLBC.
- To assume complete responsibility for improper use, damage or loss of such equipment regardless of cause.
- To assume complete responsibility for equipment including payment of any fees or charges for lost, stolen, damaged or non-returned equipment.
- To authorize agents of MLBC to remotely access and manage router on Your behalf.
- To authorize agents of MLBC to remotely access and manage any third-party software/hardware associated with MLBC equipment.
- To grant reasonable access to agents of MLBC to service, replace and retrieve said equipment.
- To return the equipment in good condition within 10 business days of discontinuation of Service for any reason. In the event of discontinuation of Service for any reason, You agree to pay for any equipment damaged or not returned to MLBC
The return location is: MLBC – Tribal Administration Building.
You authorize MLBC and its employees, agents, contractors, and representatives to access and otherwise enter Your premises to install, inspect, maintain, and/or repair MLBC’s equipment and, upon the termination of Service, to remove the same from the premises.
ACCEPTABLE USE RESTRICTIONS
You must not:
- Use the Service for any activity that violates any applicable law, for any unlawful purpose, or in any manner inconsistent with this EULA. You may not use this Service to promote, engage in, or enable illegal activity or conduct that violates or infringes upon the rights of any person;
- Send, receive, publish, post, distribute, disseminate, encourage or solicit receipt of, upload, download, or use any material fraudulently or maliciously (for example, by hacking into or inserting malicious code, including viruses, or harmful data into the Service or any operating system), including impersonating any person or entity or forging anyone else’s digital or manual signature, pyramids, or other illegal soliciting schemes;
- Send, receive, publish, post, distribute, disseminate, encourage or solicit receipt of, upload, download, or use any material protected by copyright, trademark, trade secret, or other intellectual property right used without proper authorization;
- Send, receive, publish, post, distribute, disseminate, encourage or solicit receipt of, upload, download, or use any material which is offensive, abusive, defamatory, indecent, obscene, unlawful, harassing, or menacing;
- Use the Service in any way that could damage, disable, overburden, impair, or compromise MLBC’s systems or security or interfere with the rights and uses of other MLBC customers;
- Collect or harvest any information or date from any Service or MLBC’s systems or attempt to decipher any transmissions to or from the servers running any Service;
- Copy, distribute, or sublicense any software MLBC provides or makes available to You, except for backup or archival purposes;
- Resell the Service, in whole or in part, to make available to anyone outside Your premises the ability to use the Service, enable open WiFi or Wi-Fi connection or other connection, or use it for anything other than Your own personal purposes, unless otherwise specifically provided for in this EULA;
- Alter, modify, or tamper with any cable modem that MLBC provides or other feature of the Service;
- Use the Service for commercial purposes;
- Use the Service to send unsolicited e-mails, including unsolicited bulk or business messages, or “spam”;
- Use the Service to transmit, store, publish, or upload any electronic material which is known or likely to cause damage or destroy or limit the functionality of any computer software, hardware, or telecommunications equipment; or
- Invade the privacy of another person, collect or attempt to collect personal information about third parties without their consent, or cause annoyance, inconvenience, or needless anxiety to another person.
INTELLECTUAL PROPERTY RIGHTS
You acknowledge that all intellectual property rights in the Services and the underlying technology belong to MLBC and its licensors, and that You have no rights in, or to, the Service other than the right to use it in accordance with the terms of this EULA.
LIMITATION OF LIABILITY AND INDEMNIFICATION
The Service is provided to You on an “as is” basis and therefore all warranties, conditions, or other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from this agreement.
Under no circumstances shall MLBC be liable to You for indirect, special, incidental, consequential, punitive, or exemplary damages arising out of or in connection with the Service or any acts or omissions associated therewith, including any acts or omissions by third-party service providers, agents, or subcontracts of MLBC, or relating to any services furnished, whether such claim is based on breach of warranty, contract, tort, or any other legal theory, and regardless of the causes of such loss or damages or whether any other remedy provided herein fails.
MLBC shall not be liable to You with respect to any losses caused by failures, errors, delays, or interruptions relating to the Service, including any failure to supply the Service due to events which are beyond MLBC’s reasonable control, including but not limited to: denial of use of poles or other facilities of a utility company, labor disputes, acts of war, natural causes, mechanical or power failures, or any order, law or ordinance in any way restricting the operation of the Service.
Any and all damages and remedies are limited to repair or replacement of equipment. MLBC shall not be liable to You, if any third party:
- Gains access to Your connection to the Service or Your device; or
- Destroys or damages any date or information held by You or information about You which is held by MLBC.
You agree to defend, indemnify, and hold harmless MLBC and its affiliates, suppliers, or agents from any and all claims, losses, damages, fines, penalties, costs, and expenses (including, but not limited to, reasonable attorneys’ fees) by, or on behalf of, You or any third party or user of the Service(s) relating to the failure or outage of the Service(s).
SURVIVAL OF LIMITATIONS.
All representations, warranties, indemnifications, and limitations of liability contained in this Agreement shall survive the termination of this Agreement; any other obligations of the parties hereunder shall also survive, if they relate to the period before termination or if, by their terms, they would be expected to survive such termination loss, such as loss of profits, business, costs, expenses, or any other form of economic loss.
MLBC may terminate this EULA immediately without notice to You:
- If You commit a material or persistent breach of this EULA; or
- If You fail to pay any fees or charges when due; or
- If You breach any of the Acceptable Use Restrictions;
- If You breach any contract with MLBC; or
- Any other reason.
Upon termination for any reason, all rights granted to You under this EULA shall cease. You must immediately cease all activities authorized by this EULA, including Your use of any Services. MLBC will cease providing You with access to the Service.
Termination of this EULA shall be without prejudice to the rights or remedies of either party accrued or prior to the date of termination.
MLBC will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under this EULA that is caused by any act or event beyond MLBC’s reasonable control, including failure of public or private telecommunications networks or interruptions in third party services. If an event outside of MLBC’s control takes place that affects the performance of MLBC’s obligations under this EULA:
- MLBC’s obligations under this EULA will be suspended and the time for performance of MLBC’s obligations will be extended for the duration of the even outside MLBC’s control.
- MLBC will use reasonable endeavors to find a solution by which MLBC’s obligations under this EULA may be performed despite the event outside MLBC’s control.
MLBC may transfer its rights and obligations under this EULA to another organization, but this will not affect Your rights or MLBC’s obligations under this EULA.
This agreement and the Service(s) and or equipment provided by MLBC are not assignable or otherwise transferable by You, without specific written authorization from MLBC.
MLBC does not waive any provision or right of this agreement if MLBC fails to insist that You perform any of Your obligations under this EULA, if MLBC does not enforce its rights against You, or if MLBC delays in doing so. If MLBC does waive a default by You, MLBC will only do so in writing. Any written waiver will not automatically waive any later default by You.
Each of the provisions of this EULA operates separately. If any court or competent authority decides that any provisions are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
Please note that this EULA, its subject matter, and its formation are governed by tribal and federal law. The parties agree that the tribal courts of the Sokaogon Chippewa Community have exclusive jurisdiction over the parties.
READ BEFORE SIGNING:
BY CHECKING THE YES BUTTON, YOU ACKNOWLEDGE AND AGREE YOU ACKNOWLEDGE AND AGREE YOU HAVE READ THIS AGREEMENT AND YOU AGREE TO ALL THE ABOVE LISTED TERMS INCLUDING PAYMENT OF ANY FEES OR CHARGES INCLUDING FEES OR CHARGES FOR REPAIRS AND DAMAGED EQUIPMENT.