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MCN DSL Contract
The document can also be downloaded as a pdf file for easier printing by clicking on the link below.
MCN DSL Contract PDF File
Please print and sign both forms and return them to MCN:
By Mail
MCN attn:DSL Orders
P.O. Box 2445
Mendocino, CA 95460
By Fax
Last page of signed contract
and order form
707-937-0733 In Person
MCN
10700 Ford Street
Mendocino
Mendocino Community Network Services Contract
This agreement (this "Agreement") by and between the individual or
entity listed below in the signature block ("Subscriber"?) and the
Mendocino Community Network ("MCN"), a division of the Mendocino
Unified School District, governs provision of MCN's Internet services
(the "Services"?). MCN may revise this Agreement from time to time
by posting a new version hereof on the MCN Website, and such revised
terms will become effective thirty (30) days after their Posted/Revised
date. Continued use of the Services after such new effective date
constitutes acceptance of such revisions to this Agreement.
I. THE SERVICES
A. Services In General. MCN will
provide the Services to Subscriber pursuant to the terms and conditions
of this Agreement and the services plan options selected by Subscriber
upon sign-up or renewal and recorded in MCN's database. The
parties will in addition be bound by MCN's special provisions
applicable to the type of services in question and current at the time
of signup or renewal ("Special Provisions"). (The Special
Provisions are currently posted at http://mcnsite.mcn.org/dsl/dslprovision.html MCN may change or eliminate any
feature of the Services or change any service level or other Special
Provision at any time without advanced notice by posting revised
Special Provisions; provided that no increase in prices listed in Part
1 of the Special Provisions will become effective as to Subscriber
until renewal of this Agreement. The Special Provisions are
incorporated into this Agreement by this reference as if set forth in
full.
B. Responsibility for Equipment & Related
Services. Subscriber will bear its own costs for equipment
(including without limitation computer hardware and software) and
telephone services. Subscriber is responsible for the operation
and maintenance of its own computer network (if any), including without
limitation any local area network or wide area network.
C.
Service Interruption. MCN may interrupt the Services from time to time
in order to perform maintenance. MCN will exercise reasonable
efforts (i) to inform Subscriber before interrupting Services and (ii)
to re-initiate Services promptly. MCN will not be liable for
service interruptions.
D. IP Addresses. All Internet
protocol ("IP"?) addresses provided through the Services are licensed at
MCN's sole discretion, and Subscriber has no right to use or continued
use of any IP address.
E. No Resale. Unless otherwise
provided in the Special Provisions, Subscriber will not resell the
Services or in any other way use them to compete w/ MCN.
II. SUBSCRIPTION FEES
A. Fees in General. Subscriber will pay MCN in advance for
provision of the Services. Such payments will include, without
limitation: (1) fees for enrollment, installation, activation, and
monthly access; (2) any fees for over-use (including any overage fees
required by the Special Provisions) or hardware purchase; (3) any fees
for special services provided to Subscriber's account, including fees
for moving circuits and for repair calls caused by Subscriber-error;
and (4) any fees imposed by federal universal service rules or laws.
B. Responsibility for Fees & Taxes. Subscriber will be
responsible for: (1) all fees arising out of its Services account,
whether or not Subscriber authorized such use; and (2) any tax, levy,
import tariff, or similar governmental charge arising out of or related
to Subscriber's use of the Services, except for net income taxes levied
on MCN.
C. Invoices and Timely Payment. Invoices are issued as a
courtesy; Subscriber will maintain awareness of its usage levels and
the fees it owes MCN and will pay them when due. All invoices are
due within thirty (30) days of their date of issuance and will be
considered overdue if not paid then. MCN may (1) charge a late
fee of $15 per month, starting on the first day after any payment is
past due; and (2) charge a $15 fee for any returned check or declined
credit card (collectively, "Additional Fees"). Such Additional Fees are
intended to defray MCN's costs resulting from late payments and from
administration and will constitute liquidated damages. The
parties agree that such liquidated damages are reasonable in light of
the harm delay and administrative burdens will cause and the
difficulties of proof of loss and the inconvenience and unfeasibility
of otherwise obtaining an adequate remedy. None of the remedies
listed in this subsection is exclusive of other remedies.
D.
Contact and Credit Card Information. It is the Subscriber's
responsibility to inform MCN immediately of any change in Subscriber's
billing information, address, or telephone number. If paying by
credit card, Subscriber will keep a valid credit card on file with MCN
and update credit card information promptly after any change.
III. TERM
AND TERMINATION
A. Termination for Convenience. Either
party may terminate this Agreement for convenience at any time.
If Subscriber terminates for convenience: (1) Subscriber will pay any
early termination fees or adjustments set forth in the Special
Provisions; and, (2) if Subscriber's plan calls for a one-year term,
and unless the Special Provisions provide to the contrary, Subscriber
will pay an adjustment equivalent to the difference between the fees
Subscriber has paid and the fees (including any administration and
start-up fees) Subscriber would have paid for the same period of
Services pursuant to a month-to-month plan. If MCN terminates for
convenience, it will refund any prepaid fees for access to the Services
(and not for startup or other one-time expenses) on a prorated basis.
B. Termination for Breach. In the event that Subscriber
breaches this Agreement, MCN may terminate the Services, any portion
thereof, or this Agreement, immediately and without advanced notice.
C. Renewal. Unless the relevant Special Provisions provide
to the contrary, this Agreement will renew automatically at the end of
its term, for a new term of the same duration, unless first terminated
by either party.
D. No Refunds. MCN is not required to
refund any fees paid or prepaid except as specifically provided in
Section III.A above. IV. ACCEPTABLE USE
A. Acceptable use
Policy. Subscriber acknowledges that it has read MCN's Acceptable Use
Policy ("AUP"?). (The AUP is currently posted at http://mcnsite.mcn.org/services/aup.html.) Subscriber will adhere to the AUP and will
not allow the Services to be used for activities prohibited by the
AUP. MCN may revise the AUP from time to time by posting a new
version thereof on the MCN Website, and Subscriber is responsible for
awareness of and compliance with such revisions. In the event of
any conflict between the provisions of the AUP and of this Agreement,
this Agreement will govern.
B. Prohibited Conduct. In its use of
the Services, Subscriber will not: (1) disseminate any unsolicited
commercial e-mail messages ("Spam"?); (2) engage in any activity
advertised by, promoted by, or otherwise connected to Spam; (3) use the
MCN White Pages or any other directory provided by MCN as a source of
information for unsolicited e-mail or use MCN-hosted newsgroups for any
commercial purpose; (4) perpetrate any fraud or intellectual property
infringement; (5) perpetrate any crime or other illegal activity; (6)
tamper with other MCN accounts or commit unauthorized intrusion into
any part of MCN's system; (7) perpetrate any security breach, network
attack, denial-of-service attack, act of hacking, or distribution of
any virus, worm, or other harmful code, or in any other way interfere
with any individual's or entity's use or enjoyment of any computer or
of the Internet; (8) threaten or harass any MCN employee, agent, or
representative; or (9) disseminate or post any material or information
that is or may be abusive, threatening, libelous, harassing, offensive,
pornographic, or obscene. MCN may determine, in its sole and
unfettered discretion, what material will be considered pornographic or
obscene for purposes of this Agreement.
C. Third Party
Violations. Subscriber will not permit any third party to use the
Services for any of the activities prohibited by this Article IV.
V. SECURITY AND COMPLIANCE
A. Monitoring. MCN has no
obligation to monitor the Services but may do so and may disclose
information regarding use of the Services for any reason, including: to
satisfy laws, regulations, or governmental, legal, or law-enforcement
requests; to operate the Services properly; and to protect itself and
its customers. MCN may grant law enforcement agencies access to
its equipment to monitor Subscriber's use of the Service.
B. Suspension of Services & Removal of Materials. MCN
may interrupt or suspend Services, remove any material or information
in whole or in part, or terminate Services, immediately and without
advanced notice, in the event that: (1) the Services or any related MCN
equipment has been breached by hackers or other unauthorized third
parties; (2) use of the Services causes a denial of service or in any
other way impedes any individual's or entity's use or enjoyment of the
Internet or injures the functioning of services MCN provides to other
customers; (3) Subscriber's account is involved in a violation of the
terms of Article IV (Acceptable Use); or (4) continuation of the
Services exposes MCN or its affiliates to liability. MCN may
furthermore interrupt or suspend services or remove any material or
information in whole or in part, without advanced notice, in order to
investigate any of the causes or concerns listed in the previous
sentence. MCN will have no liability to Subscriber for any such
interruption, suspension, or termination of Services or removal of
materials, even if hackers or other third party intruders are
responsible, even if Subscriber is not at fault, and even if it is
later determined that the suspected injury or violation did not occur.
C. Data Loss. Subscriber is responsible for maintaining on
its own premises backup copies of any data stored on MCN
equipment. MCN is not responsible for providing physical access
to or copies of the software, data, or content stored on its equipment
under any circumstances and is not required to provide network access
(1) after any termination or suspension of Subscriber's account or (2)
in the event of hardware failure, abuse by hackers or other third
parties, or other interruption of network access not resulting from
MCN's fault. MCN will not be liable for loss of data or for
breaches in system integrity.
D. Reporting.
Subscriber will inform MCN promptly after discovering that any hacker
or other unauthorized third party has accessed the Services through
Subscriber's account.
E. Digital Millennium Copyright
Policy. In reporting any alleged infringement of intellectual
property rights, Subscriber will adhere to MCN's then-current Digital
Millennium Copyright Act ("DMCA?") policy (posted at http://mcnsite.mcn.org/about/dmca.html). If Subscriber is suspected
of violating third-party intellectual property rights, Subscriber will
fully cooperate with MCN in any investigation thereof, will provide all
information requested, and will otherwise adhere to MCN's DMCA policy.
VI. DISCLAIMERS
A. Service Level & Continuity. MCN provides the
Services “as is� and does not guaranty upload or download speeds.
MCN may determine after execution of this Agreement that it cannot
provide services to Subscriber for technical or other reasons, and in
such case, MCN will have no liability other than, if such inability
does not result from Subscriber's fault, to refund any fees paid by
Subscriber. MCN will not be liable for any damages suffered by
Subscriber or any third party resulting in whole or in part from the
unavailability, failure to operate, interruption in functioning,
delays, or defects in connection or transmission, failure to connect or
transmit to or from the Internet, or any other defect in the operation
of the Services. In the event that Subscriber is dissatisfied
with the Services, including without limitation any new feature or
restriction, Subscriber's sole remedy will be termination of this
Agreement pursuant to the provisions of Article III above. MCN
will not be liable for any failure of networks or facilities provided
by third party telecommunications providers, including without
limitation SBC, Inc.
B. No Warranty. MCN DOES NOT
WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE
FROM HACKERS OR OTHER THIRD PARTY INTRUDERS OR FROM VIRUSES OR OTHER
HARMFUL COMPONENTS. MCN MAKES NO EXPRESS OR IMPLIED WARRANTIES,
INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, NONINFRINGEMENT,
MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE
PROVIDED BY MCN OR ANY OF ITS REPRESENTATIVES WILL CREATE A WARRANTY.
C. Limitation of Liability. MCN WILL NOT BE LIABLE FOR ANY
CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR MULTIPLE DAMAGES,
EVEN IF MCN WAS ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH
DAMAGES. MCN’S MAXIMUM LIABILITY ARISING OUT OF OR RELATED TO
THIS AGREEMENT WILL NOT EXCEED THE TOTAL AMOUNT OF FEES BILLED TO
SUBSCRIBER DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
D.
Specific Liabilities Excluded. MCN WILL HAVE NO LIABILITY
WHATSOEVER FOR ANY CLAIMS, LOSSES, ACTIONS, DAMAGES, SUITS, OR
PROCEEDINGS RESULTING FROM: (i) OTHER MCN CUSTOMERS OR THIRD PARTIES
ACCESSING SUBSCRIBER'S DATA; (ii) EAVESDROPPING AND OTHER SECURITY
BREACHES; (iii) DENIAL OF SERVICE ATTACKS; (iv) INTERCEPTION OF TRAFFIC
SENT OR RECEIVED USING THE SERVICES; (v) SUBSCRIBER’S RELIANCE ON OR
USE OF THE SERVICES; (vi) MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS
OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, OR OTHER FAILURES OF
PERFORMANCE OF THE SERVICES; (vii) THE ACCURACY, COMPLETENESS, AND
USEFULNESS OF THE SERVICES; OR (viii) LOSS OF DATA OR LOSS OF ACCESS TO
DATA.
E. MCN Affiliates. MCN's limitations and exclusions
of liability set forth in this Article VI and elsewhere in this
Agreement apply equally to MCN's officers, employees, agents,
contractors, representatives, suppliers, subsidiaries, parents, and
affiliated entities, including without limitation the Mendocino Unified
School District.
VII. INDEMNITY
A. Notification. Promptly
after MCN's request, Subscriber will notify any third party, in
writing, that MCN is not responsible for (i) any content or materials
posted on any Subscriber Web site or otherwise disseminated through the
Services or (ii) any use or abuse of the Service whatsoever by
Subscriber or any third party. B. Indemnification.
Subscriber will defend and indemnify MCN (including its officers,
employees, agents, contractors, representatives, suppliers,
subsidiaries, parents, and affiliated companies) from any third party
claim arising out of or related to: (i) alleged Subscriber conduct that
would breach this Agreement, including without limitation alleged
infringement of third party intellectual property or privacy rights;
(ii) Subscriber's use, misuse, or failure to use the Service; (iii)
Subscriber's use of the Internet or the Services; or (iv) the failure
outage, unavailability, or malfunction of any kind whatsoever of the
Services. Such Subscriber obligation includes payment of losses,
expenses, damages, and costs, including without limitation attorneys'
fees.
VIII. GENERAL PROVISIONS
A. Notices. All
written communications to Subscriber will be deemed delivered if sent
to the contact information provided to MCN at the time of signup,
unless Subscriber provides some alternate contact information in
writing. All written communications to MCN will be deemed delivered if
sent to P.O. Box 2445, Mendocino, CA 95460 (USPS) or 10700 Ford
Street-MCN Office, Mendocino, CA 95460.
B. Governing Law and
Venue for Disputes. This Agreement is to be construed in accordance
with and governed by the internal laws of the State of California
without giving effect to any choice of law rule that would cause the
application of the laws of any other jurisdiction other than the
internal laws of the State of California to the rights and duties of
the parties. Subject to Section VIII.E below, jurisdiction and venue of
any litigation arising out of or related to this Agreement will be
exclusively in the federal and state courts of Mendocino, California,
and each party hereby consents to personal jurisdiction and service in
any such court.
C. Waiver & Construction. No delay,
failure, or waiver of either party's exercise or partial exercise of
any right or remedy under this Agreement will operate to limit, impair,
preclude, cancel, waive, or otherwise affect such right or
remedy. If any provision of this Agreement is held invalid,
illegal, or unenforceable, the validity, legality, or enforceability of
the remaining provisions will in no way be affected or impaired
thereby.
D. Assignment. Subscriber will not sell, transfer,
assign, delegate, or subcontract any rights under this Agreement.
E. Arbitration. Any controversy or claim arising out of or
related to this Agreement, including without limitation any claim based
on or arising from an alleged tort, will be determined by
arbitration. The arbitration will proceed under the auspices and
then-current rules of JAMS/Endispute, in Santa Rosa, California or the
next nearest JAMS/Endispute office to Mendocino, California.
Judgment upon the decision rendered by the arbitrators may be entered
in any court having jurisdiction. Either party may elect to seek
provisional relief from a court with jurisdiction without thereby
waiving arbitration. E. Force Majeure. No failure, delay,
or default in performance of any of MCN's obligations will constitute a
breach of this Agreement if it arises out of a cause, existing or
future, that is beyond MCN's control. F. Entire Agreement. This
Agreement embodies the final, full, and exclusive statement of the
agreement between the parties, and as of its date supersedes all prior
agreements, negotiations, representations, and proposals, whether
written or oral, relating to the subject-matter hereof. This
Agreement may only be modified in a writing executed by each party.
Subscriber
By:_______________________________________
signature
Name: _______________________________________
print
Title (if applicable) _______________________________________
Address:
_______________________________________
_______________________________________
_______________________________________
_______________________________________
Mendocino Community Network
By:_______________________________________
signature
Name: _______________________________________
print
Title _______________________________________
Address: 10700 Ford Street
Mendocino, CA 956460
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