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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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