Terms and Conditions of Service In this Agreement, "We", "Ours", or "Us" means Mcleanics Technology Corporation /dba Mcleanics Wireless, hereinafter referred to as ("MTC"). "You" or "Yours" refers to the Subscriber who signs this Agreement and requests to receive broadband or mobile phone service ("Service") from MTC.
1. Scope of Agreement. We agree to provide, and You agree to purchase, broadband Internet service or mobile phone service under the terms and conditions of this Agreement. You will select the level of service You would like by signing an Application for Broadband Service or mobile phone service. We will not be obligated to continue providing broadband or mobile phone service to You unless You comply with the terms and conditions, including the payment requirements, contained in this Agreement. Provision of broadband or mobile phone service to You depends upon the availability of the required equipment, and We may substitute, change, or rearrange the equipment used to provide broadband service to You if We feel it is necessary for any reason.
2. Use. You may use the Service for any lawful purpose. However, You may not interfere with or impair service or the privacy of any other person's communication over Our system. WE MAY IMMEDIATELY SUSPEND, TERMINATE, OR OTHERWISE INTERRUPT YOUR SERVICE IF WE HAVE REASON TO BELIEVE THAT YOU HAVE USED THE SERVICE IN VIOLATION OF THE DIGITAL MILLENIUM COPYRIGHT ACT ("DMCA") OR OTHER LAWS, OR IN VIOLATION OF ANY BOARD POLICY ESTABLISHED BY THE MTC BOARD OF DIRECTORS. You may receive a copy of the DMCA and current MTC Board Policy regarding acceptable use of the service. MTC Board of Directors may establish or alter its policies regarding acceptable use of the Service, and You agree that Your Service is subject to those policies as they may be amended from time to time. We will inform You if those policies change, and You will have the right to discontinue Service if You do not wish to comply with current policies.
3. Service Date and Term. This Agreement shall take effect when it is signed and shall continue in effect for as long as You purchase broadband or mobile phone service from Us.
4. Customer Responsibilities. You agree to pay all monthly service charges as they appear on Your bill, there is a seven-day grace period after the due date, service may be suspended if bill is not paid. You will arrange for access within Your premises as necessary for Our personnel to install, repair, inspect, maintain, replace or
remove the equipment We provide. You are responsible for notifying Us if there is any problem with Your service. Payment requirements are non-applicable for ACP participants.
5. Equipment. We will continue to own all equipment, (except for tablets and smartphones) that We provide for Your broadband service. Upon disconnection of the Services by either party, We will remove any equipment necessary from Your premise and You will permit such removal or arrange for the equipment to be shipped to Us via a commercial carrier of Your choice. You shall contact Our office for a shipping return address and once the equipment is shipped, You shall provide Us with a shipping tracking number and carrier used. If the equipment is not returned to Us within 10 days after service is terminated, You agree to pay Us the retail cost of $299 for the equipment not returned. Evidence of Your receipt of Our equipment is by the carrier’s tracking number for delivery.
6. Limitation of Liability. Your sole and exclusive remedy under this Agreement for any breach by Us shall be to terminate this Agreement. IN NO EVENT SHALL MTC BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, RELIANCE, PUNITIVE OR ENHANCED DAMAGES OF ANY KIND OR NATURE WHATSOEVER (INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOST SAVINGS, OR BUSINESS HARM) ARISING OUT OF OR RELATING TO THE SERVICES OR MTC'S PERFORMANCE OR NONPERFORMANCE UNDER THIS AGREEMENT.
7. Termination. You may terminate this Agreement for any reason, but all sums for Service You have received at the time You terminate shall become immediately due and payable. We may terminate this Agreement at any time if We give You at least seven (7) days written notice.
8. Indemnity. If any claims are made against Us that were caused by Your use of the Service, You will be responsible for all costs arising from that claim, and You will reimburse Us for Our defense of the claim and any costs We pay as a result.
9. Assignment. You may not assign this agreement to any other person. We retain the right to assign this Agreement to an affiliate or another party.
10. Warranties. WE MAKE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SERVICE.
11. Landowner/Landlord Approval. If you do not own the premises where service will be installed, we require that you obtain landowner/landlord approval prior to Installation of any MTC outdoor equipment that may involve modifications or attachments to the premises. While these modifications or attachments are often minor, standard professional installation many times includes drilling holes in order to run cable
and attach equipment securely to the outside of the premises. Any such type of modification may be forbidden pursuant to the terms of your lease/rental agreement or may require pre-approval by the landowner/landlord. Please be advised that landowner/landlord approval is required before any modifications to the premises. By signing this agreement, You confirm that said approval has been received by You and MTC may move forward with the installation of outside equipment if needed. Upon installation, all equipment is still MTC’s equipment and proper care must be taken of the equipment. Any damages to the equipment will be charged to the subscriber, except for equipment failures. Please remember that technical issues may still prevent installation of your MTC equipment. Though this is rare, unforeseen challenges may prohibit installation of MTC’s equipment.
12. The installation date for service at your residence is dependent upon your location and MTC’s build-out schedule. Signing this agreement does not guarantee the actual installation date. It is your responsibility to take appropriate precautions to secure your own network by installing and maintaining anti-virus and anti-malware software. MTC does not assume any responsibility for any content stored, accessed, or transmitted using MTC’s service. You are solely responsible for all content offered or received using MTC’s service.
13. Subscription Plan. The Subscription Plan and its cost, fees, and monthly payments shall be disclosed in the service order and incorporated herein by reference and shall be a part of this agreement.
14. Recurring Payments. You agree to provide Us with a debit or credit card for automatic debits of monthly fees, and if applicable, the cost of non-returned equipment. This section is non-applicable to ACP subscribers.
15. By signing this document, the undersigned agrees to the terms and conditions of this Agreement and any other Rules, Policies, and Regulations now in effect or which may be hereafter amended, adopted or repealed. If this agreement is electronically signed or submitted by You, You agree that the electronic affixed inscription or submission of this agreement constitutes your signature and agreement to the term and conditions contained herein.
EXECUTED THIS ____ day of ___________, 2022.