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SkyPoint Communications is a full service Internet Service Provider.

Terms & Conditions

  • 1. Disclaimer of Warranties: Limitation of Liability.
    • a. SkyPoint Communications MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SKYPOINT IN NO EVENT SHALL BE LIABLE FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT.
    • b. Customer understands that SkyPoint is not a provider of internet backbone facilities or services, and is not a provider of any internet content. SkyPoint makes no warranty of any sort of any merchandise, information, advice, or service accessed or obtained over the internet, and subscriber and its users are solely responsible for evaluating the accuracy, completeness, usefulness, and appropriateness of any such merchandise, information, advice, or services.
    • c. SkyPoint makes no warranty, express or implied, concerning the internet access services provided under this agreement. The internet access services are provided on an "as is" and "as available" basis, and SkyPoint does not warrant that the services will be uninterrupted or error free, or that any information, software, or other material accessible on the internet is free of viruses, worms, trojan horses, or other harmful components.
    • d. SkyPoint makes no warranty, express or implied, concerning the data storage services provided under this agreement. The data storage services are provided on an "as is" and "as available" basis, and SkyPoint does not warrant that the services will be uninterrupted or error free, or that any information, software, or other material stored on the internet will be free from viruses, worms, trojan horses, vandalism, degradation of storage media, or other harm.
    • e. SkyPoint makes no warranty, express or implied, concerning the security of data or transmissions within or without its facilities. All responsibility for data security resides in the users.
    • f. Customer understands that the internet contains unedited material including sexually explicit material, material which may be offensive to some individuals, material which may be illegal in some jurisdictions, unlicensed software, viruses, and information useful only in illegal acts. Customer accesses such materials at their own risk; SkyPoint has no control over such materials and accepts no responsibility or liability whatsoever for such materials.
    • g. Customer assumes the risk of using any information obtained via this service. SkyPoint will not be liable for any damages claimed or suffered by subscriber or a user as a result of use of the internet access services or as a result of accessing or using any merchandise, information, advice, or service obtained over the internet.
  • 2. Use of Services.
    • a. Customer agrees not to divulge passwords or allow access to any person not a party to this Agreement. Customer may access the service through one modem connection at any time. Simultaneous dialup connections are not allowed.
    • b. Customer agrees not to post or transmit any information, files, graphics, software or other materials through SkyPoint which would violate any applicable Federal or State law or valid regulation, including but not limited to laws and regulations relating to intellectual property rights, obscenity, privacy, defamation, harassment, fraud, and export control.
    • c. Customer is expected to be actively involved in using the Services while accessing the Internet; connections are not to be left unattended ("camping on line"). SkyPoint may, at its option, terminate any connection which is not actively transmitting or receiving information.
    • d. If Customer's use of the service is found by a court or administrative agency of competent jurisdiction to be in violation of a law or valid regulation and, if SkyPoint is directed to terminate Services to Customer, SkyPoint may do so with or without further notice.
    • e.The use of non-interactive scripts and programs is prohibited except where expressly allowed. Scripts and programs which send unrequested or unwanted data to other users or systems is prohibited and will result in suspension of the account and possible termination. Examples of such programs and scripts include but are not limited to IRC bots, mail flooding, UseNet/newsgroup spamming and e-mail spamming.
    • f. World Wide Web Hosting: Customer may publish HTML documents for viewing on the World Wide Web. Customer may not create, install or use any Server Side Includes (SSIs), cgi-scripts, Server Side Java Scripts or other software which is accessible by the World Wide Web and which requires the server to interpret and operate its code. SkyPoint may, at SkyPoint's sole judgement, evaluate and install such programs on the customer's behalf. Evaluation and installation of such programs are not covered under this agreement and will incur further charges to the customer.
    • g. Acceptable Use Policies: Customer agrees to adhere to any and all acceptable use policies of SkyPoint as posted and occasionally updated at http://www.skypoint.com/AUP. Customer agrees to adhere to any and all acceptable use policies incorporated into SkyPoint's acceptable use policies as well as any all acceptable use policies of other internet services with which customer interacts.
  • 3. Change of Status:
    • SkyPoint will occasionally require Customer to update registration and account information to continue this service. Customer shall notify SkyPoint in writing of any changes in the account information.
  • 4. Billing:
    • Fixed service charges are billed in one month increments, beginning and ending at the first and last days of the calendar month. Customer will be charged for the coming month's fixed service costs and the past month's usage-based fees (such as hourly service charges when applicable). Customer's first bill will include a prorated charge based on the number of days service will be provided before the end of that calendar month, and the charge for the next full month. Fixed service charges will not be prorated in the event of cancellation or termination. In the event the account becomes delinquent, Subscriber will be responsible for payment of collection costs and reasonable attorney's fees if outside efforts are necessary to collect the delinquent account balance.
  • 5. Term/Extension/Termination:
    • This Agreement will extend from the date entered below through the end of the following month. This Agreement will be automatically extended on a month-to-month basis, until canceled in writing, or terminated by Skypoint.
  • 6. MERGER:
    • SkyPoint and Customer agree this writing represents the complete and exclusive statement of their agreement, and no prior statements of any kind shall be effective to or vary or add to its terms. SkyPoint may, with 30 days notice to Customer, amend the terms of this agreement.
  • 7. GOVERNING LAW.
    • This Agreement shall be governed by the laws of the State of Minnesota, and any action brought under this Agreement shall be venued in the District Court of the State of Minnesota, Hennepin County.

    Thank you for choosing SkyPoint.

 

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