|
MHO Networks Customer
Agreement
This MHO DirectWave Customer
Agreement ("Agreement") is entered into between MHO
Networks ("MHO" or "we"), having an office at 1190 S
Colorado Blvd., Denver, CO 80246, and the customer designated
on the Work Order ("Customer" or "you"). The parties
agree to the following:
TERMS AND CONDITIONS
1. INSTALLATION.
1.1 You authorize MHO or
its authorized contractors to install a customer premise
unit, software, wiring and other equipment ("Equipment"),
at the address you provide ("Premises")
for MHO DirectWave service ("Services").
1.2 To provide the Services,
MHO is required to complete the installation of various
equipment ("RF Installation") at the Premises.
The standard RF Installation includes but is not limited
to the installation of the antenna, digital transceiver,
down converter, routing of cable, and wireless modem,
as applicable (" Equipment") by the most
direct path to your computer. Any custom installation
work that you request, including placing cable under
carpet, through cabinets, through interior walls or
inside molding, may require an additional charge.
MHO will not be liable for any alterations to Premises
that result from the installation or removal of Equipment,
including but not limited to, any holes in walls,
cable wiring or antenna mounting brackets.
2. SERVICES.
2.1 MHO will provide the
Services to you subject to the terms and conditions
of this Agreement and a work order signed by you and
us ("Work Order") and any applicable tariffs.
2.2 You represent and warrant
to MHO that you are at least 18 years of age and verify
and acknowledge that the Services are being installed
with your permission in your home, business, or designated
location.
2.3 MHO may revise, modify
or discontinue at any time any or all aspects of the
Services, including but not limited to the Service
and Equipment prices, any applicable tariffs, and
any terms and conditions in this Agreement.
2.4 You must install, operate,
and maintain any hardware or software not provided
by MHO ("Customer provided"). You agree
that MHO is not responsible for the information transmitted
or received on any hardware or software provided by
you.
2.5 You will ensure that
any hardware or software you provide is compatible
with the Services. If this hardware or software impairs
your use of the Services, you will continue to pay
MHO for the Services. If MHO notifies you that hardware
or software provided by you impairs or is likely to
impair the Services, you agree to immediately eliminate
the impairment. MHO may suspend the Services until
the impairment is corrected. At your request, MHO
may troubleshoot difficulties caused by hardware or
software provided by you at MHO's then current standard
list prices.
2.6 MHO is not liable if
any changes in the Services cause any hardware or
software provided by you to become obsolete, require
alteration, or affect performance of the hardware
or software.
2.7 To prepare for
Services you will:
2.7.1. At your expense,
prepare your site(s) to comply with MHO's installation
and maintenance specifications;
2.7.2. Pay MHO any applicable
charges to relocate any installed Services;
2.7.3. Provide MHO and
its suppliers reasonable access to Premises to perform
any required acts; and
2.7.4. Be responsible for
cabling that connects equipment not provided by MHO
for the Services.
2.8 You acknowledge and
agree that you are purchasing the Equipment and in
the event you terminate the Services, MHO will have
no obligation to remove the Equipment from the Premises.
However, if you terminate your Services prior to the
end of the Term, and if you fail to pay the Termination
Fee as provided in Section 3 below, MHO will have
the right, but not the obligation, to remove and resell
or reuse the Equipment.
3. TERM AND TERMINATION; TERMINATION
FEE.
This Agreement will have a term ("Term")
as designated on the Work Order. At the end of the
Agreement's initial Term, this Agreement will automatically
renew for successive one month periods ("Renewal
Terms") unless either party provides the other
party written notice of its intent not to renew at
least 30 days before the end of the current term.
If you terminate this Agreement before the end of
the Term or Renewal Term, you agree to pay to MHO
a termination fee of $299 divided by the number of
months in the Term multiplied by the number of months
remaining at the time of termination. Upon termination
of this Agreement, you will not attempt to utilize
or utilize the Equipment to connect to, or otherwise
utilize the Services or assist any third party to
connect to or utilize the Services.
4. PAYMENT TERMS.
4.1 You agree to pay for
the Equipment and Services and all other charges described
in this Agreement, including the Work Order, and to
comply with all of the terms and conditions of this
Agreement. You will pay MHO's invoice(s) in U.S. currency
by the invoice due date. You will pay any applicable
sales, use, excise and like taxes that are stated
separately on each invoice. If you fail to pay all
valid charges for the Services when due, MHO may charge
you interest on those charges equal to the lesser
of 1½% per month or the maximum rate allowed
by MHO tariff(s) or by law.
4.2 You agree to pay for
the Equipment and the Services by the use of a valid
credit card or an automatic withdrawal from your checking
account, provided that MHO may elect to implement
new payment policies, in its sole discretion at any
time. You agree that all Service Charges, and if applicable,
late fees, reconnection charges and all applicable
fees and other taxes will be collected automatically
through the existing method of payment.
4.3 If you fail to pay
any amounts owing to MHO within 30 days, MHO will
have the absolute right to disconnect the Services
without notice. Upon disconnection, you agree to immediately
pay all amounts owing to MHO.
4.4 You may in good faith
withhold payment of any disputed charges. You agree
to pay all undisputed charges. A charge is not "disputed"
until you provide MHO with written explanation of
the disputed charge. You agree to cooperate with MHO
to resolve any disputed charge expeditiously. If MHO
in good faith determines that the disputed charges
are indeed valid, you agree to pay the charges within
10 days after being notified of this determination
by MHO.
4.5 You authorize MHO to
perform a credit check prior to providing Equipment
or the Services. MHO may refuse to provide Equipment
or the Services or may require a security deposit
based on your credit standing. If a security deposit
for the Services or Equipment is required, MHO will
hold the deposit as partial guarantee of payment.
The deposit cannot be used by you to pay any bills
or to delay payment. 90 days after termination of
this Agreement, any remaining deposit will be returned
to you without interest after deducting any charges
owed by you to MHO.
4.6 MHO will have the right
to convert the monthly Service Charge to a usage based
billing system ("Usage Based Billing") by
delivering to you a written notice or electronic mail
that MHO intends to commence usage based billing.
4.7 Subject to availability,
MHO may offer to you additional services, subject
to terms and conditions of MHO's current price list.
5. SERVICE INTERRUPTIONS.
5.1 Although MHO will make
commercially reasonable efforts to maintain the Services,
you may experience service interruptions. MHO assumes
no responsibility or liability for interruption of
the Services, whether due to (without limiting the
generality of the foregoing):
5.1.1. Failure or of any
part of the Services for any reason, whether related
to hardware, software, wiring or any other equipment;
5.1.2. Interruptions due
to periodic testing or system alterations, including
modifications to Equipment;
5.1.3. Power failures,
riots, civil unrest, acts of war, or acts of God,
including hurricanes, floods, ice, wind, lightning,
and accidents; or
5.1.4. Regulations, orders,
decisions or acts of any lawfully constituted authority
or court.
6. SERVICE AND REPAIRS; LIMITED
WARRANTY.
6.1 MHO assumes no responsibility
and is not responsible for the operation, maintenance,
or repairs of your computers or existing wiring or
other equipment.
6.2 If MHO damages the
Premises during the Services' installation or maintenance,
MHO will compensate the owner of Premises for reasonable,
actual and documented costs of necessary repair, not
to exceed $1,000.
6.3 MHO will provide you,
the original purchaser, with a limited warranty of
the modem, transceiver and installation thereof during
the Term of this Agreement or 12 months, whichever
is greater. Pursuant to this warranty, if a problem
develops with the modem, transceiver or installation
thereof, MHO will repair or replace the affected modem,
transceiver, and/or correct the installation problem
at no charge to you. This warranty excludes any damage
to the modem or transceiver resulting from Customer
abuse or negligence and/or Acts of God, as determined
solely by MHO. If you sell the modem or transceiver
during the Term or thereafter, the warranties provided
herein will immediately terminate. Any other equipment
will be covered by manufacturer's warranties and will
not be separately warranted by MHO.
6.4 Any repair or replacement
of the Equipment and/or correction of an installation
problem following the expiration of this Agreement
will be the responsibility of the customer. Any services
performed by MHO at that time will be at the then-current
MHO hourly rate and/or list price.
6.5 If the Equipment contains
software, you understand and agree that:
6.5.1 You are granted a
personal, nontransferable and nonexclusive right to
the use of software for your own business purposes;
6.5.2 No title to the software
is being transferred
6.5.3 The software will
not be reproduced or copied in whole or in part except
as necessary for authorized use, and such copy shall
contain the same copyright notice and proprietary
marketing as appears on the original; and
6.5.4 You will not reverse
engineer, de-compile or disassemble the software.
7. ACCEPTABLE USE POLICY.
7.1 When you use the Services
for Internet access, you must protect the MHO network
by either disabling or password protecting file and
print sharing on your computer(s) or have a firewall
solution that prohibits unauthorized access to your
computer. When using the Service, you may not:
7.1.1 Restrict or inhibit
any other user from using the Internet;
7.1.2 Post or transmit
any unlawful, threatening, abusive, libelous, defamatory,
vulgar, obscene, indecent, profane, hateful, bigoted
or otherwise objectionable information of any kind,
including without limitation any transmissions, constituting
or encouraging, conduct that would constitute a criminal
offense, give rise to civil liability, or otherwise
violate any local, state, national or international
law, including without limitation US export control
laws and regulations;
7.1.3 Post or transmit
any information or software that contains a virus,
trojan horse, worm or other harmful component;
7.1.4 Post, publish, transmit,
reproduce, distribute or in any way exploit any information,
software or other material obtained through Services
for commercial purposes;
7.1.5 Upload, post, publish,
transmit, reproduce, or distribute in any way, information,
software or other materials, or other proprietary
right, or derivative works without obtaining permission
of the copyright owner or right holder;
7.1.6 Upload, post, publish,
reproduce, transmit or distribute in any way any component
of the Services or derivative works, as Services are
copyrighted as a collective work under US copyright
laws;
7.1.7 Remove or alter copyright
management information including, without limitation,
name or identification information of the author or
owner, copyright note or terms & conditions for
use of a work;
7.1.8 Avoid, bypass, remove,
deactivate or circumvent by any means, any process
or system such as copy protection systems that are
intended to protect the rights of a copyright owner;
7.1.9 Send unwanted or unsolicited
e-mail that causes complaints from the recipients
of the unwanted or unsolicited e-mail;
7.1.10 Send large quantities
of unwanted or unsolicited e-mail to individual e-mail
accounts (also known as "spamming" or "mailbombing");
7.1.11 Make any unauthorized
attempt to gain access to any account or computer
resource not belonging to that user
7.1.12 Attempting to send
e-mail or newsgroup articles or postings using a name
or address of someone other than yourself, attempting
to impersonate any person or using forged headers
or other identifying information.
7.1.13 Engage in conduct
which interferes with MHO's ability to provide the
Services or interferes with the rights of others including,
but not limited to hacking, circumvention of user
authentication or security of any host network, or
account, "denial of service" attacks (port
scans, flooding of networks, deliberate overload attempts,
etc.);
7.1.14 Can or probe the
security of the MHO or any other network for any purpose
whatsoever by the use of packet sniffers, siphons,
decoders or other methods;
7.1.15 Obtain or attempt
to obtain Services by any means or device with intent
to avoid payment;
7.1.16 Unauthorized access,
alteration, destruction, or any attempt, of any information
of any MHO customers or end-users by any means or
device;
7.1.17 Use MHO's products
and services to interfere with the use of the MHO
network by other customers or authorized users;
7.1.18 Violate the law
or aid another in any unlawful act;
7.1.19 Resell the Services
or any other MHO service to any third parties without
prior express written consent from MHO;
7.1.20 Engage in any commercial
or business activities using a residential account
without prior express written consent from MHO;
7.1.21. Run programs or
servers that provide network services to others through
the Services which includes, but is not limited to,
web hosting, multi-user interactive forums, game servers,
operating an internal mail/http/ftp/irc/dhcp server
to serve external connections or support multi-user
interactive forums;
7.2 You are responsible
for ensuring that your usage of the Services does
not improperly restrict, degrade or adversely affect
any other user's use of the Services, nor represent,
in MHO's sole judgment, an unusually large burden
on the network itself. You must comply with the then
current bandwidth, data storage and other limitations
on the Services. If MHO determines that your account
is exceeding the bandwidth limits, you will be notified
by e-mail. If the excess use continues for more than
10 days, the Services may be suspended or terminated.
If excessive bandwidth utilization is determined by
MHO to adversely affect MHO's ability to provide the
Services for its other customers, immediate action
may be taken to alleviate the problem. In such event,
you will be notified by e-mail as soon as practicable.
7.3 Except for information,
products or services clearly identified as being supplied
by MHO, MHO does not operate or control any information,
products or services on the Internet.
7.4 The Internet contains
unedited materials that may be offensive or objectionable
to you. You access these materials at your own risk.
MHO has no control over and accepts no responsibility
for these materials. Customer may wish to utilize
software designed to limit access to certain material
on the Internet.
7.5 IF AT ANY POINT IN TIME MHO DISCOVERS THAT THE CUSTOMER IS 'SHARING' THEIR NETWORK CONNECTION, WITHOUT THE EXPRESS PERMISSION OF MHO, THEN THE CUSTOMER WILL BE SUBJECTED TO A $10,000.00 FINE PLUS ANY LEGAL FEES.
7.6 YOU UNDERSTAND THAT YOU
MAY BE HELD LIABLE BOTH UNDER CIVIL AND CRIMINAL LAW
FOR INFRINGEMENTS OF THE INTELLECTUAL PROPERTY RIGHTS
OF OTHERS. YOU MAY BE HELD LIABLE FOR ALL ACTUAL DAMAGES
AND PROFITS, ATTORNEY'S FEES, COSTS, OR THE COURT
MAY AWARD STATUTORY DAMAGES UNDER THE COPYRIGHT ACT.
CRIMINAL LIABILITY CAN ALSO INCLUDE FINES AND IMPRISONMENT.
7.7 MHO may take any action
it deems appropriate without notice to protect the
Services and its facilities for provision of the Services.
If MHO denies you access to the Services pursuant
to this Section, you will have no right: (I) to access
through MHO any materials stored on the Internet,
or (ii) to access third party services, merchandise
or information on the Internet through MHO, and MHO
will have no responsibility to notify any third-party
providers of services, merchandise or information
nor any responsibility to any consequences resulting
from lack of notification.
7.8 MHO has no obligation
to monitor the Services. You agree that MHO has the
right to monitor the Services electronically from
time to time, and you consent to MHO's access, use
and disclosure of any information as necessary to
satisfy any law, regulation or other governmental
request, to operate the Services properly, to improve
the Services, or to protect itself or its customers.
MHO reserves the right to refuse or to remove any
information or materials, in whole or in part, that
in its sole discretion are unacceptable, undesirable,
or in violation of this Agreement.
7.9 If you wish to make
purchases on the Internet, you may be asked by the
merchant or service provider from whom you are making
the purchase to supply certain information, including
credit card or other payment mechanism information.
You agree that all information you provide any merchant
or information or service provider on the Internet
for the purposes of making purchases will be accurate,
complete and current. The merchants and information
and service providers offering merchandise, information
and services on the Internet set their own prices
and may change prices or institute new prices at any
time. You agree to pay all charges incurred by users
of your account and credit card or other payment mechanism
at the prices in effect when the charges are incurred.
You also will be responsible for paying any applicable
taxes relating to purchases on the Internet.
Section 8. USE OF PERSONAL IDENTIFIABLE
INFORMATION.
8.1 You understand and agree
that MHO's network gathers information about Internet
usage such as the sites visited, session lengths,
bit rates and number of messages and bytes passed.
MHO uses this information in the aggregate. MHO may
share this aggregated information with other parties
from time to time. MHO will not use or disclose any
personal identifiable information regarding Internet
usage unless compelled by a court order or subpoena
or You consent to the use or disclosure or to protect
MHO's Services and facilities.
Section 9. LIABILITY AND INDEMNIFICATION.
9.1 MHO AND ITS SUBCONTRACTORS
WILL NOT BE LIABLE FOR ANY LOSS OF DATA OR DAMAGE
TO HARDWARE THAT OCCURS DURING INSTALLATION OF OR
ANY SUBSEQUENT SERVICE PERFORMED ON YOUR COMPUTER
IN SUPPORT OF THE SERVICES. YOU AGREE THAT IT IS YOUR
RESPONSIBILITY TO COMPLETELY BACKUP YOUR COMPUTER
BEFORE INSTALLATION. YOU FURTHER AGREE THAT MHO OR
ITS SUBCONTRACTORS ARE NOT RESPONSIBLE FOR ANY PROBLEMS
WITH YOUR COMPUTER AFTER INSTALLATION OF OR ANY SUBSEQUENT
SERVICE PERFORMED ON YOUR COMPUTER IN SUPPORT OF THE
SERVICES.
9.2 MHO is not liable
in contract or tort for unauthorized access by a non-MHO
individual or entity to customer's transmission facilities
or customer premise equipment, or for unauthorized
access to, or alteration, theft, or destruction of
customer's data files, programs or other information
through accident, wrongful means or any other cause.
9.3 YOUR EXCLUSIVE REMEDY WITH
RESPECT TO ANY AND ALL LOSS OR DAMAGES RESULTING FROM
ANY CAUSE, INCLUDING MHO'S OR ITS SUBCONTRACTOR'S
NEGLIGENCE, WILL BE A REFUND OF ANY SERVICES, CHARGES
AND FEES PAID TO MHO UP TO THE TIME THE DAMAGE IS
DISCOVERED. NEITHER MHO NOR ITS SUBCONTRACTORS WILL
BE LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES,
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR PERSONAL
INJURY, DAMAGES TO PROPERTY, OR LOSS OF BUSINESS.
9.4 THE SERVICES ARE PROVIDED
ON AN "AS IS" AND "AS AVAILABLE"
BASIS WITHOUT WARRANTIES OF ANY KIND. ANY WARRANTIES
UNDER THIS AGREEMENT ARE EXCLUSIVE AND ARE IN LIEU
OF ALL OTHER WARRANTIES, EXPRESSED, IMPLIED, OR STATUTORY,
INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR USE FOR PARTICULAR PURPOSE OF WARRANTIES
OF NON-INFRINGEMENT. NO MHO ADVICE OR INFORMATION
GIVEN WILL CREATE A WARRANTY. NEITHER MHO NOR ITS
AFFILIATES WARRANT THAT SERVICES WILL BE UNINTERRUPTED
OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR
OTHER MATERIAL ACCESSIBLE ON SERVICES ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS.
9.5 IT IS SOLELY YOUR RESPONSIBILITY
TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS
OF ALL OPINIONS, ADVICE, SERVICES AND OTHER INFORMATION,
AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE,
PROVIDED THROUGH SERVICES OR ON THE INTERNET GENERALLY.
MHO, ITS AFFILIATES OR ITS SUBCONTRACTORS WILL NOT
BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT FROM
YOUR USE OF OR INABILITY TO USE SERVICES OR TO ACCESS
THE INTERNET OR YOUR RELIANCE ON OR USE OF OFFERS,
CLAIMS, REPRESENTATIONS, PROMOTIONS AND TRANSACTIONS,
INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON OR
THROUGH THE INTERNET OR INTERNET SERVICES, OR THAT
RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION
OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, TRANSMISSION
OR ANY FAILURE OF PERFORMANCE.
9.6 You agree that you
will properly use the Services and will not, nor will
it permit or assist others to, use the Services for
any purpose other than their intended purpose, fail
to maintain a suitable environment according to the
manufacturer's specifications, or tamper with the
Services. If you fail to comply with this Section,
you will release MHO from all liabilities or obligations
(including any warranty or indemnity obligation) to
you under this Agreement and you will pay MHO all
costs or damages MHO incurs. If any person not a party
to this Agreement makes any claim against MHO, its
affiliates or its subcontractors, relating to Equipment
or the Services that are the subjects of this Agreement,
or arising out of the use of the Equipment or the
Services by you or an authorized user of your account,
including the placement or transmission of any message,
information, software or other materials on the Internet,
you agree to indemnify and hold MHO, its affiliates
and subcontractors harmless from any and all such
claims and lawsuits, including the payment of all
damages, expenses, costs and reasonable attorney's
fees..
9.7 The limitations on
liability and indemnification provisions expressed
in this Agreement will inure to the benefit of and
apply to MHO's parent, subsidiary and affiliated companies,
and to any subcontractors performing work on MHO's
behalf.
9.8 This Section 9 will
survive any termination of this Agreement.
Section 10. MISCELLANEOUS.
10.1 You agree to notify
MHO in writing of any change of occupancy or ownership
or tenancy. If you vacate the Premises, this Agreement
will be subject to termination and MHO will have the
right to disconnect the Services.
10.2 You warrant that you
own the Premises to which Services will be provided,
or you have obtained the valid consent of the owner
for any necessary changes to the Premises or with
the Premises wiring that arise out of the installation,
maintenance, repair and removal of Equipment. In addition,
Customer has reviewed any restrictive covenants or
homeowners restrictions ("Restrictions")
to confirm that Customer may place an antenna on the
Premises. If it is later determined that the installation
of the RF Equipment violates any Restrictions or that
Customer failed to obtain appropriate permission,
MHO may immediately terminate this Agreement and discontinue
the Services. Customer agrees to hold harmless MHO
for any damages or losses caused by your (I) failure
to comply with the Restrictions or (ii) failure to
secure appropriate permission. MHO may in its discretion,
require evidence that Customer has obtained appropriate
permission.
10.3 You agree that you
will not permit or assist others to abuse or fraudulently
use the Services, including, but not limited to, unauthorized
or attempted access, alteration, or destruction of
another MHO customer's information, or using the Services
that cause interference with another customer's or
authorized user's use of the MHO network. Illegal
and unauthorized attachments to its facilities are
costly to MHO and may create interference and a degradation
of the Services to other customers. MHO will be obligated
to seek legal redress and assist in the criminal prosecution
in matters involving illegal and unauthorized connections
and attachments and injury to its wiring or facilities.
10.4 MHO's failure to enforce
strict performance of any provision of this Agreement
will not be construed as a waiver of any provision
or right. Neither the course of conduct between parties
nor trade practice will act to modify any provision
of this Agreement.
10.5 This Agreement will
be governed by applicable federal laws and regulations
and the laws of Colorado excluding choice of law principles.
10.6 MHO will assign to
you an Internet Protocol address from the address
spaces assigned to MHO ("IP Address"). You
acknowledge that the IP Address is the exclusive property
of MHO, is assigned to you as a service by MHO, and
is not portable. MHO reserves the right at its sole
discretion to change the IP Address assignment scheme
at any time during the Term of this Agreement without
prior notice and without liability. MHO will use reasonable
efforts to avoid any disruption to you resulting from
any renumbering requirement by notifying you via e-mail
before the change. You agree that any IP Addresses
provided by MHO will be returned to MHO on the termination
date of this Agreement.
10.7 With e-mail notification,
MHO reserves the right to charge for customer calls
into technical support or for on-site technical support.
10.8 Additional services
may be offered as available and may be subject to
service specific terms and conditions and pricing.
10.9 Subject to availability,
MHO will support and charge for the connectivity of
multiple computers to a single connection. MHO may
install wiring for additional computers, setup a hub
purchased from MHO, and configure computers for Internet
connectivity. MHO will not support file and print
sharing or other local area network functionality.
10.10 In accepting this
Agreement, you are not relying on any representations
or promises not in this Agreement. When signed by
the parties, this Agreement together with the Work
Order will constitute the parties' entire understanding
regarding Equipment and the Services; and supersedes
all agreements or discussions, oral or written, regarding
the Equipment and the Services, unless explicitly
in this Agreement.
10.11 MHO is an independent
contractor under this Agreement. The parties' relationship
and this Agreement will not constitute or create an
association, joint venture, partnership, or other
form of legal entity or business enterprise between
the parties, their agents, employees or affiliates.
10.12 If either party fails
to enforce any right or remedy under this Agreement,
that failure is not a waiver of the right or remedy
for any other breach or failure by the other party.
10.13 This Agreement's
benefits do not extend to any third party, unless
expressly stated in this Agreement. MHO may assign
this Agreement without your prior written consent
if: (I) the assignment is to a successor in interest,
by merger, operation of law, or by assignment, purchase,
or otherwise of MHO's entire business, or (ii) the
assignment is to the parent, affiliate or subsidiary
of MHO.
10.14 Neither party will
use the name, service marks, trademarks, or trade
secrets of the other party or any of its affiliates
for any purpose, including, but not limited to, press
releases, without the other party's written consent.
10.15 MHO may modify this Agreement
at any time. Notice to you will consist of updating
the Terms and Conditions on the MHO DirectWave
website (http://www.mho.net/info/legal.asp) or sending
an e-mail to your primary MHO Services address.
10.16 You grant to MHO
or any appointed subcontractors an irrevocable license
to enter into or onto your Premises during normal
business hours, Monday through Saturday, in order
to install, repair, replace or remove Equipment. This
license will survive termination or cancellation of
this Agreement and will run with the land and inure
to the parties' successors and assigns.
10.17 If You change your
address, You will notify MHO in writing of your new
address before the move and You will remain liable
for all of its obligations under this Agreement. You
agree to pay the standard MHO transfer charges plus
any additional payments required for installation
of Equipment at Customer's new location.
|