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Terms and Conditions

Dial-up, Email, News Groups, and Listserv Services

Use of Minnesota OnLine constitutes acceptance of these Terms and Conditions.

You must be eighteen years of age to use the services of Minnesota OnLine, or, if younger than eighteen years of age, you must have on file with Minnesota OnLine your parent's or legal guardian's written acceptance of these Terms and Conditions and the responsibility for all charges incurred by you.

Minnesota OnLine makes no warranties of any kind, whether expressed or implied, for the service it is providing, and disclaims any warranty of merchantability or fitness for a particular purpose.

You agree to release, hold harmless, and indemnify, Minnesota OnLine from any claims, damages, including but not limited to consequential damages, or any other liability arising from your use of the services provided to you, even if Minnesota OnLine has been advised of the possibility of such damages.

The services provided by Minnesota OnLine are for lawful purposes only. Transmission of any material, including, but is not limited to copyrighted material, material legally judged to be threatening or obscene, or material protected by trade secret, in violation of any US or state regulation is prohibited.

Access to other networks through Minnesota OnLine must comply with the rules of that other network.

You are billed monthly for last month's usage fees, and for the next month's service fee. Your first bill will include all installation, account activation, other setup fees, and your first month's service fee.

Service fees are not prorated. Installation and account activation fees are non-refundable.

You are in default if payment is not received within 30 days after date of invoice, or if the charge against your credit card is declined. If your check is returned to us, you are in default. There is a charge of $20 for each returned check.

Accounts unpaid 60 days after date of invoice will have their service stopped. Such stoppage does not relieve you from the obligation to pay the monthly service charge. Only a written request (either by letter or email) to terminate your service relieves you of your obligation to pay the monthly service charge.

Accounts in default are subject to a late payment charge of $10.00 and an interest charge of 2% per month on the outstanding balance. Upon termination of your account, you shall pay at once all moneys then due. In addition, you shall pay all expenses incurred by Minnesota OnLine to enforce its rights under these Terms and Conditions, including reasonable attorney's fees as permitted by law, and any damages caused to Minnesota OnLine because of your actions.

Minnesota OnLine reserves the right to change the rates and otherwise modify these Terms and Conditions by notifying you fifteen days in advance of the effective date of the change. Notification may be by either mail or email.

You or Minnesota OnLine may terminate your account at any time for any reason.

The law that applies to these Terms and Conditions is the law of the state of Minnesota. Should any one of the provisions of these Terms and Conditions be determined to be illegal or unenforceable, all other provisions shall remain effective, and all provisions of these Terms and Conditions which operate to protect the rights of Minnesota OnLine shall continue in force even in the event of termination of these Terms and Conditions on other grounds.

All disputes arising out of or relating to these Terms and Conditions (including any questions of fraud or questions concerning the validity or enforceability of these Terms and Conditions or any of the rights herein conveyed) shall be settled by arbitration to be held in Saint Paul, Minnesota. Such arbitration shall be held in accordance with the then existing Commercial Rules of the American Arbitration Association. The arbitration shall be speedily concluded with the hearing to take place and the award to be made within ninety (90) days of the filing of any demand for arbitration. Judgment upon the award of all or a majority of the arbitrators shall be binding upon the parties hereto and may be entered in any court having jurisdiction. Specific performance and injunctive relief may be ordered by the award. Costs and attorney fees shall be paid as the Arbitrators' award shall specify. As the sole exception to arbitration, each party shall have the right to obtain injunctive relief, only, from any court having jurisdiction so as to preserve that party's rights for resolution in any pending or imminent arbitration proceedings but no such injunction shall prohibit or postpone such arbitration proceedings and the injunctions may be modified or vacated as a result of the arbitration award.

These Terms and Conditions supersede any and all prior representations, understandings or agreements.

"Minnesota OnLine" is the registered dba name of CS&W, Inc., a Minnesota Corporation, as well as a registered service mark of CS&W, Inc.

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