|Acceptable Use Policy – YKWC1. By signing the Yellowknife Service Agreement (“Agreement”), incorporating these General Terms and Conditions by reference, and using services provided by Yellowknife (“Service”), you indicate your agreement with the terms and conditions set forth in this Agreement and your agreement with the terms and conditions in the Yellowknife Acceptable Use Policy (“AUP”) a copy of which is available at the Yellowknife web site address http://www.ykwc.com/aup.html and available in writing upon request to your service representative. Yellowknife may change these General Terms and Conditions at any time in its sole discretion. Any such change is effective immediately once posted on the Yellowknife web site or delivery of other notice to you. Continued use of the Service after such change constitutes your agreement and acceptance of the change.2. The Agreement makes up the entire legal agreement between you and Yellowknife and takes the place of any previous or current understandings between us whether in written or oral form.
3. Yellowknife may or may not decide to require a deposit prior to commencing Service. Yellowknife also may elect to require appropriate documented financial or credit information before any Service is provided. You agree to provide any such deposit or information and you also certify and warrant that the information you have provided in the Agreement is true and correct. Yellowknife may require you to increase your deposit at any time to reflect your estimated monthly charges based on actual usage or Yellowknife’s reevaluation of your ability to pay. If you default or terminate your registration with the Service, Yellowknife may, without notice to you, apply any deposit towards payment of charges due. After 90 days following such termination, any remaining deposit or other credit balance in excess of $10 will be returned without interest to you at your last known mailing address.
4. As specified in the Agreement the Service consists of one or more of the following: Internet Protocol (“IP”); connectivity to Yellowknife’s gateway; certain customer premises equipment (“CPE”); certain maintenance services; and local telephone service if specified; as well as access or connectivity to any of the information sources or services that may be provided by Yellowknife or be available from other service providers participating in or connected to Yellowknife’s Service. Some of these additional services may be provided without charge to users of Yellowknife’s Service, but separate charges may also apply. These charges may appear on your bill from Yellowknife, or they may be billed to you separately by the providers of such services. Other providers may have additional registration or eligibility requirements.
5. You agree to cooperate with Yellowknife in making all necessary preparations required to permit installation, maintenance and operation of the Service. You also agree to provide Yellowknife and its suppliers of communication services and CPE, reasonable access to your premises, including free access to any required leased telephone lines or building wiring, to perform any acts required to provide the Service.
6. If the Agreement you signed provides for Web Hosting Service (“Hosting Service”), you agree that the Hosting Service includes certain domain name services, mailbox access, storage space for site files and email, traffic allocations, IP addressing, and other services. You also agree that you will follow the terms of the AUP in your use of this service.
7. The initial term of the Agreement will be from the date your completed Yellowknife Service Agreement is accepted by Yellowknife until the first anniversary of that acceptance. The Agreement will automatically renew for additional one-year periods until it is terminated as set forth below. You may terminate this Agreement and your use of the Service at any time by thirty (30) days’ written notice to Yellowknife prior to the end of any initial or renewal term. Any termination of Service will result in all IP addresses assigned to you by Yellowknife reverting back to Yellowknife. You also agree that the following cancellation charges will be due and payable immediately: (a) for month-to-month service, the monthly charge for the month in which Service is terminated; or (b) for service under a specified term, charges for the remainder of the term. Yellowknife may restrict, suspend, or terminate this Agreement or your use of the Service at any time with or without notice for your nonpayment or violation of any of the terms and conditions of this Agreement. Yellowknife may terminate this Agreement for any reason upon 10 days’ notice.
8. The charges for the Service shall be as set forth in the Agreement or will be otherwise in accordance with Yellowknife’s rate schedule as in effect and modified from time to time, a copy of which may be available at the Yellowknife web site http://www.ykwc.com/ or which may be provided to you upon request. You agree to pay all fees and other charges incurred on your account, including charges for any purchases made through the Service and any additional charges incurred while using any supplemental services or features for which an additional charge might apply.
9. You agree to pay all applicable taxes and any access charges relating to the use of the Service through your account, whether imposed on Yellowknife or directly on you, which will be applied and included in bills issued to you. Yellowknife reserves the right not to refund or credit charges for unused service. You authorize Yellowknife to charge any amounts payable by you in connection with your use of the Service automatically to the credit card you provided in the registration process or such credit card number you provide thereafter. If you choose to bill your use of the Service to your credit card, your right to use the Service is subject to any limits established by your credit card issuer.
10. You agree that payment of all Service charges is due 30 days after the date of your bill and must be made in U.S. currency. At Yellowknife’s option, late fees may be added to any past due amounts at the lower of 1.5% per month or the maximum rate allowed by law, prorated for each day payment is past due. Acceptance of late or partial payments (even if marked “Paid in Full” or with other restrictions) shall not waive any of Yellowknife’s rights to collect the full amount of your Service charges. Notice of any disputes must be in writing and received by Yellowknife within 30 days after you received your bill or you will waive any objection. You agree to reimburse Yellowknife for reasonable attorney’s fees and any other costs associated with collecting delinquent or dishonored payments. Yellowknife may assess an additional fee for any check returned for nonpayment.
11. If Service is suspended due to non-payment, you agree that there will be a restoration fee of $60.00, payable in advance, in addition to the interest charges. You understand that no circuits will be restored until all charges are paid in full. You also understand that any such suspension shall not relieve you of the obligation to pay for recurring fees associated with the Service.
12. You agree that you are responsible for ensuring the confidentiality of any password obtained from Yellowknife in connection with the Service. You also agree to be responsible for ensuring compliance with this Agreement by any third parties you allow or authorize to use your account. In the event of a breach of password security, you will remain liable for any unauthorized use of the Hosting Service until you notify Yellowknife by calling 541-385-0111 (customer service).
|13. You agree that you will keep storage space and bandwidth utilization for the Service within the parameters associated with your account. You also agree that Yellowknife may enforce the parameters associated with your account and you acknowledge that enforcement may include a refusal to store incoming mail and/or permit further download traffic on your website.
14. Limitation of Warranties and Liability; Disclaimer of Warranties. - You expressly agree that use of the service is at your sole risk. Neither Yellowknife nor any of its underlying service providers, information providers, licensors, employees, or agents warrant that the service will be uninterrupted or error free; nor does Yellowknife or any of its underlying service providers, information providers, licensors, Employees, or agents make any warranty as to the results to be obtained from use of the service. The service is distributed on an “as is”, “as available” basis without warranties of any kind, either express or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose or otherwise, other than those warranties (if any) which are implied by and incapable of exclusion, restriction, or modification under the laws applicable to this service agreement, all such warranties being expressly disclaimed. Neither Yellowknife nor any of its underlying service providers, information providers, licensors, employees, or agents shall have any liability for direct, incidental, consequential, indirect or special damages suffered by you or any other party as a result of the operation or malfunction of the service, regardless of whether or not such parties have been advised of the possibility of such damages. You expressly acknowledge that the provisions of this section shall also apply to all content or other services available through the service.
15. Your Remedies – You agree that no action, regardless of form, arising out of the Service or the Agreement may be brought by you or any party claiming by, through or under you more than one year after the cause of action has arisen. You also agree that your sole and exclusive remedy for any failure or non-performance of the Service (including any associated software or other materials supplied in connection with the Service) shall be for Yellowknife to use commercially reasonable efforts to repair, replace or adjust the Service. You also agree that in the event that it is held that the limitations of liabilities or remedies available as set forth here are unenforceable for any reason, or that any of your remedies discussed here fail of their essential purpose, you expressly agree that under no circumstances shall Yellowknife’s total liability to you or any party claiming by, through or under you for any cause whatsoever, and regardless of the form of action, whether in contract or in tort, including negligence, in the aggregate, exceed the amount of charges paid by you for use of the Service under this Agreement during the twelve-month period preceding the date such claim first arose.
16. Your Indemnification of Yellowknife – You agree to defend, indemnify, and hold harmless Yellowknife and any of its underlying service providers, information providers, licensors, employees or agents from and against any and all claims, demands, actions, causes of action, suits, proceedings, losses, damages, costs, and expenses, including reasonable attorneys fees, arising from or relating to your use of the Service, or any act, error, or omission of you or any user of your account, including, but not limited to, any information obtained through the Service. Such claims shall include but not be limited to incorrect, incomplete, or misleading information; libel; invasion of privacy; infringement of a copyright, trade name, trademark, service mark, or other intellectual property; any defective product or any injury or damage to person or property caused by any products sold or otherwise distributed through or in connection with the Service; or violation of any applicable law.
17. You agree and understand that Yellowknife’s name and logos and all related product and service names, design marks and slogans are the property of Yellowknife. You also understand and agree that you are not authorized to use Yellowknife’s name or any of its marks in any advertising, publicity or in any other manner without the prior written consent of Yellowknife.
18. You understand and agree that Yellowknife is not responsible for any delay in delivery or performance of any of its duties under this Agreement due to acts of God, acts or omissions of any regulated telephone network or any other occurrence beyond its control, commonly known as force majeure.
19. You understand and agree that your right to use the Service may not be transferred or assigned by you and that it is subject to any limits established by Yellowknife.
20. You understand and agree that Yellowknife’s decision not to enforce a particular provision of the Agreement does not waive the right to enforce it. Yellowknife will only waive such a right in writing.
21. Finally you understand and agree that this Agreement shall be governed by the laws of the State of Oregon, without regard to its conflicts of laws provisions. You hereby consent to personal jurisdiction in the federal and state courts of Oregon for any action arising out of or relating to your use of the Yellowknife Service. The federal and state courts of Oregon will have exclusive jurisdiction over all such actions. In any such action, the substantially prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney’s fees. The terms of this Section will survive any termination of this agreement. If any provision or provisions of this Agreement shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be in any way affected or impaired.
22. Any notice to Yellowknife under this Agreement shall be sent to Yellowknife Wireless Company, LLC, 136 NW Greenwood Ave, Suite 200, Bend, OR 97701. Notices to you shall be sent to either your email address on the Service or the address supplied at registration.