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Acceptable Use Policy
1. Installation
Customers, at the Customer’s cost, will supply suitable facilities necessary for the equipment to be installed and operated, including a suitable environment, a secure electricity supply and all necessary electrical and other installations and fittings, including concealed internal wiring if required. MorComm reserves the right to install the equipment where it reasonably sees fit.
2. Access
By applying for services and/or by using services Customers confirm that Customers: 1) has the authority to enter into this agreement, 2) gives permission to MorComm to: a) carry out any work at the service address necessary to install, maintain, repair, alter, renew or remove the equipment; b) keep the equipment at the above address; c) enter the above address if needed to inspect or remove the equipment during normal working hours; and d) place and maintain lines, poles, antenna and/or transmitters and receivers upon the above address. Customers agree not to do or allow anything to be done at the above address that may cause damage to, or interfere with, the equipment or prevent MorComm from having access to the equipment. The terms of this paragraph shall continue in force after termination of this agreement as long as MorComm owns the equipment. Customers shall indemnify MorComm against all costs, claims, damages, losses or expenses that MorComm may suffer or incur as a result of any claim by a third party in relation to entry upon the above address pursuant to or in connection with this agreement.
3. Services
MorComm agrees to provide the services to Customers as long as Customers are in compliance with the terms of this agreement. MorComm will use its reasonable skill and care in providing the services, but does not guarantee fault-free performance.
4. Attachments to supplied equipment
Customers agree not to attach anything to the equipment supplied by MorComm without first obtaining the consent of MorComm in writing.
5. Charges
If Customers have agreed to pay any bill by direct debit or credit card, then MorComm is hereby authorized to alter the Customer’s variable direct debit or credit card instruction in accordance with the charges applicable to a Customer’s services. Customers agree to pay interest on overdue amounts from the due date until receipt of payment at the rate of 5% per month.
6. Credit Referencing and Deposits
The deposit set out from herein shall be held as security for the equipment and/or for non-payment of bills. Customers hereby authorize MorComm to perform a credit check on a Customer at any time before or during this agreement. In the event this agreement is terminated by the Customer prior to the expiration date, all deposits will be retained by MorComm as liquidated damages. Customers will still be required to return the equipment and if the Customer does not do so, the Customer will be liable to MorComm for the value of the equipment.
7. Termination
This agreement shall continue in force for the effective date until terminated. After the expiration of the original term, Customers may terminate this agreement by giving 30 days written notice. Customers will pay for all services and charges up to the end of the notice period or until the Customer stops using the services, whichever is later. MorComm may terminate this agreement prior to the effective date where it proves impractical, by reason of construction or network requirements, to install the equipment at the service address.
8. Use of the Services and Equipment
Customers agree to use the services and equipment in accordance with instructions given in writing from time to time. Customers agree not to use the services and/or equipment: 1) to send any message which is defamatory, abusive, offensive, obscene, menacing or illegal; 2) fraudulently or in connection with any criminal offense, or for any purpose prohibited by common law, statute, regulation, rule, by-law, international convention or other law; 3) in any manner that interferes with, modifies or adapts equipment supplied; 4) in such a way as to avoid, evade or reduce payment of charges for services, or 5) in a manner that adversely affects the provision of services to other customers.
9. The Equipment
The equipment supplied remains the property of MorComm until the end of the original term. Customers agree: 1) to keep the equipment safe, in good condition and repair and to use it according to instructions; 2) not to sell, lend, dispose of, move, damage or otherwise interfere with the equipment; 3) to maintain the equipment, including replacing any battery or other consumable , at Customer’s expense; 4) to insure the equipment against loss, theft or damage for its full replacement value; 5) to indemnify MorComm against all costs, claims, damage, losses or expenses that MorComm may suffer or incur as a result of any claim by a third party in relation to damage caused by the equipment.
10. Suspension of Services
MorComm may immediately suspend services if: 1) Customers fail to make payment when due, of any charges for services or equipment; 2) Customers fail to pay any deposit when requested; 3) Customers fail to satisfy creditworthiness at any time; 4) MorComm is entitled to terminate this agreement; 5) MorComm needs to carry out repairs, maintenance or improvements to the system.
11. Termination of Agreement by MorComm
MorComm may terminate the agreement immediately if: 1) Customers violate any obligations under this agreement; or 2) Customers become bankrupt or insolvent.
12. Time of the essence
Time is of the essence of this agreement.
13. Limitations of Liability of MorComm
LIABILITY OF MORCOMM UNDER THIS AGREEMENT IS LIMITED TO THE TOTAL CHARGES FOR THE SERVICE PROVIDED DURING THE MONTH IN WHICH SUCH LIABILITY ARISES. MORCOMM SHALL NOT BE ABLE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING ANY DAMAGES RESULTING FROM LOSS OF USE, LOSS OF DATA, LOSS OF PROFIT OR LOSS OF BUSINESS, WHETHER ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OF SERVICES OR ARISING FROM A TORT. MORCOMM MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
14. Notices
Any notices given under this agreement must be in writing and must be delivered by hand or sent by fax or mail.
15. Legal Action
In the event that MorComm makes any claim against you, you agree to pay all of MorComm’s legal fees, court costs and out-of-pocket expenses.
16. Personal Data Use and Protection
MorComm may use and disclose any personal information that is given to MorComm for the purposes of managing the Customer’s account and providing services. This information may also be disclosed to contractors and agents for these purposes.
17. Waiver
Any waiver of a breach of any term of this agreement shall not operate as or be construed as a waiver of any other breach of such term in this agreement. Failure to insist upon strict adherence to any term of this agreement on one or more occasions shall not be considered to be a waiver of any rights under this agreement or operate to deprive MorComm of the right thereafter to insist upon strict adherence to that term or any other term of this agreement.
18. Entire Agreement
This written document is the entire agreement and any changes to this agreement must be in writing or pursuant to the terms of this agreement.
19. Jurisdiction
This agreement shall be governed and construed in accordance with the laws of the State of Nebraska.
The Customer acknowledges that MorComm is not responsible for any data theft, data corruption, or other problems that may occur by virtue of the Customer’s transmission of data over MorComm’s wireless or dial-up systems. The Customer acknowledges that the Customer has had the opportunity to discuss with MorComm actions that can be taken by the customer to reduce or eliminate such problems and the Customer has chosen to assume the risks inherent with such transmission considering the Customer’s hardware and software configuration.