Thank you for choosing MTE for your Internet needs. This document is important–please read it carefully. These MTE High-Speed Internet Services Terms and Conditions and all documents referred to in them (collectively the “Agreement”) are a legal contract between the customer (“You” or “you”) and Midvale Telephone Exchange, Inc. d/b/a MTE Communications (“MTE”). This Agreement sets forth the terms and conditions by which MTE will make available to you the services you have elected to receive (“Services”).
This Agreement takes effect once MTE accepts your order for Services and you accept Services from MTE. This Agreement continues until your Services are terminated in accordance with this Agreement. This Agreement governs both the Services and any equipment provided by MTE and used in conjunction with the Services, such as modems, routers, antennas, and gateways, for use with the Services (collectively, the “MTE Equipment”).
MTE will provide installation services at your premises at an agreed–upon price. As part of the installation process, modifications to the inside wiring in your house may be required, and you consent to and authorize any such modifications. You authorize MTE, and its employees, agents, contractors, and authorized representatives to enter your premises in order to install, maintain, inspect, repair, and remove the MTE Equipment and Services. If you are not the owner of the premises, upon request, you will supply MTE with the owner’s name and address and written consent or other evidence that you are authorized to grant access to the premises on the owner’s behalf or MTE may request permission from the owner to install the Services on the premises. This Agreement is contingent upon MTE’s obtaining a right of entry onto the premises and MTE shall not have any liability if access or right of entry to the premises is denied or limited for any reason. You will not remove MTE Equipment from the premises, modify the MTE Equipment in any way, or connect the MTE Equipment to any outlet other than the outlet to which the MTE Equipment was initially connected to by the MTE installer. For such charges as MTE may determine, MTE may relocate the MTE Equipment for you within the premises at your request.
You acknowledge that MTE may use existing wiring, including altering the wiring and removing accessories, located within your premises (“Inside Wiring”). You warrant that you own or control the Inside Wiring, and give MTE permission to use, alter, and remove equipment from, such wiring. Without limiting any other provisions of this Agreement, you agree to indemnify MTE from and against all claims by an owner, landlord, building manager, or other party in connection with installation, maintenance, repair, or provision of the Services.
You can best control the risks associated with security, and are therefore solely responsible for maintaining and upholding the account security of your Services. MTE is not responsible for any disruption of Services, corrupted files, or viruses that affect you. It is your responsibility to safeguard your network and equipment through appropriate means (e.g., using commercially available software) from theft, unauthorized use, or system corruption. Any detriment caused to the network because of your failure to properly secure your network and devices may result in the immediate termination of your Services. You are entirely responsible for any actions, damages, or costs incurred via your account, regardless of who is using that account.
If you choose to cancel the Services at any point after you place an order, but before MTE activates the Services, you will not be invoiced and will not be charged a processing fee. If you wish to cancel the Services before MTE activates the Services, you must to notify MTE of your intent to cancel before activation by calling MTE customer service at 800–462–4523.
You may terminate the Services at any time upon notice to MTE. Termination is effective on the date you contact MTE to cancel the Services or as of a future date designated by you or MTE, provided MTE can support that future date.
Termination of the Services does not affect your obligations under this Agreement, including your obligation to pay all fees for Services rendered before termination and any termination, processing, and administration fees incurred because of such termination. MTE accounts must be paid in full before a cancellation will be considered complete.
Your inappropriate use or abuse of the Services, as determined by MTE in its sole discretion, may result in account suspension, termination, and legal action. Inappropriate use or abuse of the Services by others can be traced, documented, and reported to appropriate authorities and may be prosecuted to the fullest extent of the law.
MTE may terminate your account immediately if it determines, in its sole discretion, that you have violated any of the provisions of this Agreement, including MTE’s Acceptable Use Policy. MTE reserves the right to unilaterally terminate or suspend an account at any time, without providing a reason.
Further, MTE may terminate your Services for any reason by providing written notice to you at least 30 days before the termination date.
If MTE terminates your Services for any reason, you will remain fully liable and responsible to pay any fees owed to MTE under this Agreement and for all costs MTE incurs to collect such amounts, including collection costs and attorney’s fees.
If you move during the term of this Agreement and would like to relocate the Services, you must place a relocation request with MTE. This request must contain the requested date of Services termination, along with the address of the new location, and, the prospective move–in date, and the requested transfer of Services date. Upon receipt of a request from you, MTE will suspend all monthly fees from the requested termination date until Services relocation is completed. Upon transfer of your account, you agree to continue to comply with all terms and conditions of this Agreement and the original Services plan. Billing cycle and Services Term will recommence upon activation of MTE Services at the new location.
If MTE is unable to provide Services to the your new location, this Agreement will terminate and you will not be subject to any Early Termination Fees, provided that (i) an MTE technician confirms and verifies that MTE is not able to provide service to the new address or (ii) you provide proof and MTE confirms that the new location is outside of MTE’s service area (e.g., copy of utility bill at new address).
If MTE has not received sufficient information from you to process the relocation order 30 days after Services termination date, then MTE will consider this Agreement terminated by you, and any applicable Early Termination Fees will apply.
You are solely responsible for independent backup of any data files residing on MTE computers or networks. MTE reserves the right to remove or delete any personal files after an account is terminated or associated with prohibited activities.
You must notify MTE immediately, in writing or by calling MTE customer support line, if any Device is stolen or if you become aware at any time that your Services are being stolen, fraudulently used, or otherwise being used in an unauthorized manner. When you call or write, you must provide an account number and a detailed description of the circumstances of the Device theft, fraudulent use, or unauthorized use of Services. Failure to do so in a timely manner may result in the termination of your Services and additional charges. Until MTE receives notice of the theft, fraudulent use, or unauthorized use, you will be liable for all use of the Services using a Device stolen from you and any stolen, fraudulent, or unauthorized use of the Services.
You are solely liable for any liability that may arise out of the content transmitted by you or to any person, whether authorized or unauthorized, using your Services or Device. You must at all times use the Services and content in compliance with all applicable laws, regulations, and written and electronic instructions for use. MTE reserves the right to terminate or suspend your Services and remove any content from the Services, if MTE determines, in its sole discretion, that such use or content does not conform to the requirements set forth in this Agreement or interferes with MTE’s ability to provide Services to you or others. MTE action or inaction under this Section will not constitute any review or approval of your use or content.
You have been advised and acknowledge that the Internet may contain information, materials, and language that may be deemed adult in nature and inappropriate or offensive. You are responsible for all information received, transmitted, or stored by you and you release MTE from any claims, losses, or expenses relating to such information, materials, and language.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SERVICES AND SOFTWARE IS AT YOUR SOLE RISK. THEY ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR GUARANTIES OF ANY KIND. MTE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON–INFRINGEMENT, AND ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. YOU BEAR THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE EQUIPMENT AND ARE RESPONSIBLE FOR THE ENTIRE COST OF ANY NECESSARY REPAIR.
MTE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS MAKE NO WARRANTY THAT (I) THE SERVICE OR SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, COMPLETE, OR ERROR–FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR SOFTWARE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATION, (V) ANY ERRORS IN THE SERVICES OR SOFTWARE WILL BE CORRECTED AND (VI) THE SERVICES AND SOFTWARE ARE FREE OF VIRUSES OR OTHER DISABLING DEVISES OF HARMFUL COMPONENTS.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES OR SOFTWARE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MTE OR THROUGH OR FROM THE SERVICE OR SOFTWARE WILL CREATE ANY WARRANTY NOTEXPRESSLY STATED IN THIS AGREEMENT.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER MTE NOR ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, OR LICENSORS WILL BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSES (EVEN IF MTE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SERVICES, THE EQUIPMENT, OR SOFTWARE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE OR SOFTWARE; (e) FAILURE TO INSURE THE COMPATIBILITY OF YOUR SYSTEM (INCLUDING THE EQUIPMENT, DEVICES, AND SOFTWARE THAT YOU PROVIDE TO RECEIVE THE SERVICE) WITH THE SERVICES OR SOFTWARE; OR (f) ANY OTHER MATTER RELATING TO THE SERVICES OR SOFTWARE.
Exclusions and Limitations. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS
14 AND 15 MAY NOT APPLY TO YOU.
You shall indemnify and hold MTE, and its subsidiaries, affiliates, officers, agents, co–branders, licensors, or other partners and employees harmless from and against any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit, or otherwise make available through the Services, your use of the Services, your connection to the Services, your violation of this Agreement, your violation of the Acceptable Use Policy, or your violation of any rights of another.
You acknowledge that you are responsible for all use of the Services using your account, and that this Agreement, the Acceptable Use Policy, and Privacy Policies, as amended from time to time, apply to any and all usage of your account. You agree to abide by these terms and you agree to Indemnify, defend, and hold MTE harmless from and against any claims stemming from usage of your account, regardless of whether such usage is expressly authorized by you.
You represent and warrant to MTE that you are of lawful age to enter into this Agreement and that (i) you have the full right, power, and authority to enter into this Agreement and to perform the acts required of you under it; and (ii) the acceptance of this Agreement by you, and the performance by you of your obligations and duties under this Agreement, do not and will not violate any agreement to which you are a party or by which you are otherwise bound.
By providing MTE with your telephone number, cell phone number(s), or email address, you consent for MTE, or any of MTE’s agents (including collection agents), to contact you at these numbers or email address, or any other phone number or email address that is later acquired for you, and, to leave live or pre–recorded messages, text messages, or emails to the extent that they are necessary to enforce any part of this Agreement. For greater efficiency, calls may be delivered by an auto–dialer.
BY USING AND ACCEPTING SERVICES FROM MTE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND AGREE TO BE LEGALLY BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AND ANY ASSOCIATED DOCUMENTS, THE SAME AS IF YOU HAD PHYSICALLY SIGNED THIS AGREEMENT.