OnlineNW Terms of Service
This notice describes the terms and conditions (TOS) pursuant to which McMinnville Access Company, Inc. (“OnlineNW”) will provide its customers with products and services. By ordering, using, purchasing or accessing OnlineNW products or services, you agree to be bound by this TOS. OnlineNW reserves the right to changes its prices or this Agreement from time to time. The most current copy of this document is always posted on the OnlineNW website, www.onlinenw.com. Any changes will be effective upon date of posting. Continued use of OnlineNW products or services by Customer will indicate acceptance of changes.
Unless you are subject to a minimum term agreement, OnlineNW services are rendered on a month-to-month basis, payment is due on the start date of the billing cycle. You agree to pay all charges associated with the service, including, but not limited to, installation charges, monthly service charges, equipment charges, and any applicable local, state, or federal taxes. Accounts are in default if payment is not received 15 days after the start of the billing cycle. If a payment is returned NSF to OnlineNW, you are immediately in default and subject to a return check fee of $25.00. Accounts unpaid for 20 days after the invoice date may have their service interrupted and will be subject to a $25.00 re-activation fee. Such interruption does not relieve Customer from the obligation to pay the monthly charge. Accounts in default are subject to a late payment charge. If a customer’s account is interrupted, they will be required to have a credit or debit card placed on file for autopay purposes before their services will be reactivated.
2. Cancellation / Refund Policy
Unless you are subject to a minimum term agreement, OnlineNW services are rendered on a month-to-month basis and require a minimum 30-day written notification required for cancellation. At the time of service termination, the Customer must contact OnlineNW to within 10 business days of notice to schedule an appointment to uninstall any equipment owned by OnlineNW. Should the Customer fail to schedule an uninstall or not be present on the uninstall date, Customer will then be billed for the entire amount of the equipment value. Refunds are not prorated and will only be issued for full unused month(s) of service. Customers in a termed length agreement (ex. wireless 12 or 24 month agreements) will be subject to an early termination fee of $150.00.
OnlineNW may discontinue or terminate Service: (1) if you do not honor any provision of this Agreement or the OnlineNW Acceptable Use Policy (including payment obligations to OnlineNW for these or any other Products or Services); (2) if you use the Service in a manner that adversely affects the service to other customers or harasses our customers or employees; (3) if you or others use the Service to engage in fraud or unlawful conduct or are suspected of doing so; or (4) any regulatory agency, legislative body or court restricts or otherwise prevents OnlineNW from furnishing Service.
- No Third Party Rights
If any part of the Agreement is held invalid or unenforceable, the remained of this Agreement will remain in force.
This agreement shall not provide any third party with a remedy, claim or right of reimbursement.
OnlineNW may assign this Agreement to another entity without any advance consent from or notice to you. You may not assign this Agreement without our consent.
5. Limited Warranty
ONLINENW PRODUCTS AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER ONLINENW NOR ITS AFFLIANTES, SUPPLIERS, EMPLOYEES, AGENTS OR CONTRACTORS WARRANT THAT ONLINENW EQUIPMENT OR THE SERVICES WILL MEET YOUR REQUIREMENTS, PROVIDE UNINTERRUPTED USE, OR OPERATE AS REQUIRED, WITHOUT DELAY, OR WITHOUT ERROR. NEITHER ONLINENW OR ITS AFFLIATES, SUPPLIERS, EMPLOYEES, AGENTS OR CONTRACTORS WARRANT THAT ANY COMMUNICATIONS WILL BE TRANSMITTED IN UNCORRUPTED FORM. ALL REPSENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF PERFORMANCE, NONINFRINGEMENT, FITNESS FOR A ARTICULAR PURPOSE OR MERCHANTABILITY, ARE HEREBY DISCLAIMED AND EXCLUDED UNLESS OTHERWISE PROHIBITED OR RESTRICTED BY APPLICABLE LAW.
6. Limitation of Liability
a) The Internet is essentially unregulated. No tool, software, device or procedure is totally effective in eliminating risks inherent in connecting to the Internet. It is your responsibility to weigh the risks to your business that are created when you connect to the Internet. OnlineNW does not control your content, nor the content accessed by you, or your customers, through, or via, OnlineNW. It is your obligation to ensure the accuracy, integrity, title or ownership, and security of anything you receive from the Internet. You agree that OnlineNW has no liability, of any sort, for content you or your customers access from the internet. b) OnlineNW provides no guarantee that its service will be uninterrupted, or continuous, that you will be able to access the Products or Services at a particular time, that any data transmitted by OnlineNW is accurate, error free, virus free, secure, or is offensive. You acknowledge that it is your responsibility to keep back-up copies of your data. OnlineNW is not responsible for any loss of data, for any reason. OnlineNW is not liable for unauthorized access to, or any corruption, erasure, theft, destruction, alteration or inadvertent disclosure of, data, information or content, transmitted, received, or stored on its system.
c) In certain cases you may be able to access the publicly switched telephone network using OnlineNW Products or Services. Using the Internet for telephone service – in some cases referred to as “Voice over IP” or “VOIP” – carries the same risks as accessing the Internet to transmit data. OnlineNW is not liable for your inability to access the publicly switched telephone network. d) It is your responsibility to determine that the Products and Services and any equipment provided by us, or third party vendors, are compatible with your equipment. You are strongly advised to back-up your computer prior to installing any equipment or using the Products or Services. We are not responsible for any damages you sustain that occur because of incompatible, improperly configured equipment. e) It is your responsibility to evaluate the qualifications of any individuals or entities referred to you to assist you with installation problems. If we provide such a referral to you, it is done merely as a “good neighbor.” We are not acting as an agent or in any other capacity, and have no responsibility, or liability to you, for their actions. f) YOU MAY NOT BE ABLE TO USE LOCATION BASED EMERGENCY PRODUCTS, SUCH AS “911,” USING THE PRODUCTS OR SERVICES. ONLINENW HAS NO LIABILITY FOR DAMAGES OR INJURIES, OF ANY TYPE, THAT YOU, EMPLOYEES, AGENTS OR AFFILIATES SUSTAIN BASED ON THE FACT THAT LOCATION BASED PRODUCTS ARE UNAVAILBLE. g) IN NO EVENT WILL ONLINENW’S LIABILITY HEREUNDER EXCEED THE AGGREGATE FEES ACTUALLY RECEIVED BY ONLINENW FROM CUSTOMER FOR THE 30 DAY PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY. FOR THE PURPOSES OF THIS PARAGRAPH ONLY, THE TERM ONLINENW SHALL BE INTERPRETED TO INCLUDE ONLINENW’S EMPLOYEE’S, AGENTS, OWNERS, DIRECTORS, OFFICERS, AFFILIATES, AND THIRD PARTIES PROVIDING PRODUCTS TO YOU THROUGH ONLINENW. h) YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU WILL NOT UNDER ANY CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, HOLD ONLINENW OR ITS LICENSORS, AGENTS, EMPLOYEES, OFFICERS AND/OR THIRD PARTY VENDORS, LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, COST SAVINGS, REVENUE, BUSINESS, DATA OR USE, OR ANY OTHER PECUNIARY LOSS BY YOU, ANY OF YOUR END USERS OR ANY OTHER THIRD PARTY. YOU AGREE THAT THE FOREGOING LIMITATIONS APPLY WHETHER IN AN ACTION IN CONTRACT OR TORT OR ANY OTHER LEGAL THEORY AND APPLY EVEN IF ONLINENW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; YOU AGREE THAT IN THOSE JURISDICTIONS ONLINENW’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.