Terms of Service
Acceptance of the Terms of Use
IMPORTANT NOTICE: By accepting these Terms of Service and using the products and services provided to you, you are bound by the terms and conditions listed hereafter and any wireless carrier “Service Agreement”, “Acceptable Use Policy”, or related document which governs a user’s responsible use of network resources and services as referenced by the wireless carrier on their website. Additional terms and conditions may also apply. A minimum summary is referenced below for your benefit.
DISCLOSURES:
SERVICE DESCRIPTION: 1.You (“you” or “Member”) are being provided an Internet access service (“Service”). You are not being provided with any applications (such as Internet telephone or cable TV) that might be provided with INTERNET service by other vendors. We are not involved in the creation or the provisioning of the Service. The Provider provides the Service over its wireless network, using cell sites and frequencies licensed by the FCC. The Service is not available in all locations. You will only be able to access the Service when within the Provider’s network's operating range, which may change from time to time and is at the Provider's sole discretion. The Service may be disrupted or unavailable from time to time due to maintenance, emergencies, inclement weather, or other factors outside of our control or any of our partner’s control. The Service and the related equipment needed to use the Service (“Equipment”) may not function in the event of a power failure or disruption, and you may be required to reset or reconfigure your modem or other hardware in order to use the Service thereafter. We and our partner’s assume no liability with regard to any failure or lack of performance of the Service. 2. Use of the Service is subject to the Provider’s then-current (i) acceptable use policy (the “Provider AUP”) and incorporated herein by reference, and (ii) end-user terms and conditions (the “Provider T&C”). The Provider reserves the right to change its AUP or T&C at any time. Changes to the Terms of Use We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them. But any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website. Your continued use of the service following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
ONE-TIME SETUP FEE
Upon becoming a member, you are responsible for paying a One-Time SETUP Fee for each subscription. This covers the setup, administration, and support of each subscription. This fee is charged once. Setup Fee does not constitute ownership of any provided equipment.
MONTHLY SERVICE DUES
Upon becoming a user, you are responsible for paying the first month of Service upon purchase of the one-time setup fee. The service subscription will renew 1 month after the one-time setup fee start-date. Monthly Service dues will automatically be charged to the credit card, debit card, or banking account info on file within our payment processor every month until equipment is returned or Service is canceled by In The Middle Of Nowhere Internet, LLC.
If the recurring payment does not go through on the date it is due, service is immediately suspended. Depending on the time it takes the customer to rectify the missed payment (usually 3 days), customer may also be charged a reactivation charge. It may also require the return of the equipment to be set back up and mailed back to the customer at a charge of $90 that includes return shipping.
30-DAY MONEY BACK GUARANTEE
Each membership is subject to a trial period to test out the Device and Service, 30 days from the date the equipment is delivered. If the Device or Service does not meet member’s expectations, a refund for the One-Time Membership Fee -$50 for activation fee and Sim card will be issued when the Device has been shipped back within 30 days from when the equipment was delivered. The term “Device” refers to all equipment sent (e.g., antenna and power cords/charger, routers, and SIM cards). Devices returned after this period will not be entitled to a refund for the One-Time Setup Fee paid during the trial period. Monthly Service dues are non-refundable. For any refund requests, please contact us at support@middleofnowhereinternet.com, call or text 256-303-8117. Once we have received your refund request, we will provide the address to which the equipment needs to be shipped. The Customer is responsible for return shipping costs. Please be aware that you must contact us BEFORE a refund may be issued.
REFUND POLICY
All Devices are In The Middle of Nowhere Internet, LLC’s property and need to be returned to cancel the setup fee. Cancellation of setup fee can only occur when the Device(s) has been returned to In The Middle of Nowhere Internet, LLC. The associated tracking information states that the unit has been received by the In The Middle of Nowhere Internet, LLC. Each Device sent out has its own corresponding billing subscription. There can be multiple subscriptions on one customer account. To avoid being billed for a Device you are no longer using, it is your responsibility to ship the Device back to In The Middle of Nowhere Internet, LLC. Devices are required to be returned in the manner that they were shipped. Please note that no modifications should be made to the Device–this includes, but is not limited to, the addition of any adhesive or tape, etc.
Devices returned in an unsatisfactory manner will be subject to forfeiture of the setup fee. You will receive a refund for your hardware when the Device is returned within your 30-day money-back trial period. Once the tracking information states the hardware has been received by In The Middle of Nowhere Internet, LLC, please allow In The Middle of Nowhere Internet, LLC 12-14 business days to process, inspect and test the unit. Refunds may take up to 30 days to reflect on your original payment method once the refund is initiated. Once we have received your return request, we will inform you of where to return the equipment. Please be aware that you must contact us BEFORE you return any item; please contact us at support@middleofnowhereinternet.com.
DO NOT SHIP anything before we respond to your return request and other instructions. Please keep any return shipment receipts from the shipping carrier as we are not responsible for the loss or damage of your return shipments.
SERVICE CANCELLATION
For Service cancellation requests, please contact us at support@middleofnowhereinternet.com.
DEVICE ATTACHMENT RULES AND LIABILITY
The equipment used to access our Service must be the original equipment provided by us to be used during the duration of Service and must be returned upon termination of Service. We will pass through or otherwise provide the warranties and technical support offered by the manufacturer and/or the Provider (if any). Routers have a limited liability, 6-month warranty, from the start of Service. Any damage that may occur due to electric surge, water damage, improper and unsupported ethernet equipment, etc., will not be covered under this limited liability.
CREDIT CARD CHARGEBACKS & DISPUTES
If we have charged your registered payment method for a charge that we deem is authorized and valid under these Terms. Your credit card company or other payment provider subsequently withholds or revokes such payment to us because the charge has been disputed by you (a “Chargeback”), we reserve the right to suspend your access to the affected Services until the Chargeback is reversed or in the case of a billing dispute, the billing dispute is resolved as set forth in these Terms. All billing disputes should be directed to support@middleofnowhereinternet.com. Any billing disputes done through a financial institution can result in the immediate cancellation of the membership for which the funds have been withdrawn. A twenty-five dollar ($25.00) chargeback fee for each dispute may be applied.
RATE CHANGES
In The Middle of Nowhere Internet reserves the right to change its rates and otherwise modify the terms and conditions of this Agreement at any time by notifying you 30 days in advance of the effective date of such changes. In the event that you wish to terminate your account, you, the member, may cancel future charges by contacting us via email at support@middleofnowhereinternet.com. Otherwise, the existing membership will be billed at the new rate. This Agreement hereby supersedes all previous representations, understanding, or agreements, written or oral, by or between you and In The Middle of Nowhere Internet, LLC, and shall prevail notwithstanding any variance with terms and conditions of any and all orders submitted. This will only happen if the Provider raises the rates on old accounts.
TECHNICAL SUPPORT
Technical Support offered on all In The Middle of Nowhere Internet, LLC provided devices and subscriptions. Support may include shipping a replacement device. The Customer is responsible for sending the defective Device back to In The Middle of Nowhere Internet, LLC. All devices are In The Middle of Nowhere Internet. LLC Property and must be returned before receiving the new operating unit. Devices that fail to be returned will be subject to a Device Replacement Fee. Our technical support staff is not trained to, has no obligation to, and will not assist you in installing and/or troubleshooting third-party modems, network cards, routers, complex network configurations, or telephone lines. Neither will they provide any technical assistance or support for any third-party software. In The Middle of Nowhere Internet, LLC is not responsible for connection problems due to a computer infected with viruses, spyware, or malware. It is the member’s responsibility to initiate and be available for technical support during In The Middle of Nowhere Internet, LLC’s hours of operation. If a member wishes to utilize In The Middle of Nowhere Internet, LLC’s technical support, the member must be available to help troubleshoot the connection or computer setup. In The Middle of Nowhere Internet, LLC does not provide on-site technical support. Members should understand and agree that any technician or other person dispatched to troubleshoot equipment that is not an employee or agent of In The Middle of Nowhere Internet, LLC and In The Middle of Nowhere Internet, LLC is not liable for any damages, costs, or expenses relating to or arising from any acts, errors or omissions by any such technician or other person.
THINGS BEYOND MIDDLE OF NOWHERE INTERNET’S CONTROL
In The Middle of Nowhere Internet, LLC will not be liable for delays, damages, or failures in performance due to causes beyond its reasonable control, including, but not limited to, acts of a governmental body, acts of God, acts of third parties, fires, floods, strikes or other labor-related disputes, of other things we do not control, or an inability to obtain necessary equipment or memberships.
PRIVACY POLICIES
We do not own, operate, maintain, or control the Service and do not have network management practices that entail the inspection of network traffic. We do not store personally-identifiable traffic information, and we do not provide personally-identifiable traffic information to third parties or use that information for non-network management purposes. The Provider uses or may use network management practices that entail the inspection of network traffic; storage of network traffic data; and use of network traffic data for non-network management purposes, including disclosure of such traffic data to third parties. The current Provider discusses these matters generally in its “Open Internet Information”, which refers to the Providers generally-applicable privacy policies that may be viewed online at their site.
REDRESS OPTION
If you have a complaint about the Service, please contact us to resolve the complaint. This notice will govern dispute resolution generally.
SPEED OF SERVICE
Speed rate depends upon the cellular service coverage and equipment capabilities. In The Middle of Nowhere Internet, LLC does not offer, disclose, or guarantee minimum speeds.
INSTALLATION
In The Middle of Nowhere Internet, LLC does not provide professional installation for its products/services. If a member requires a Professional Installation, it is their responsibility to hire a third-party technician. Alarm systems, unique configurations, or particular applications may require a professional installation or additional equipment not available through In The Middle of Nowhere Internet, LLC. In The Middle of Nowhere Internet, LLC may not provide nor is responsible for any special equipment not purchased through In The Middle of Nowhere Internet, LLC.
APPLICATION-SPECIFIC BEHAVIOR
We do not own, operate, maintain, or control the Service and do not engage in the blocking or rate-control of specific protocols or protocol ports, nor do we modify any protocol fields or inhibit or favor any applications or classes of applications. The Provider may engage in one or more of those activities. You should review the Provider’s disclosures for application-specific practices by the Provider that may affect your use of the Service.
DEVICE ATTACHMENT RULES
The equipment used to access our Service must be the original equipment provided by us to be used during the duration of membership and must be returned upon termination of Service. We will pass through or otherwise provide the warranties and technical support offered by the manufacturer and/or the Provider (if any).
CUSTOMER TERMINATION
If a customer cancels their automatic payment profile through Our Payment Processor, paypal,credit card, or invioce their service is automatically terminated on that day. We will not be responsible for refunding days of unused data on their billing cycle. If the customer contacts us, we will cancel the profile for them, and at that point we will refund them their unused days of data. THE REFUND ONLY OCCURS IF THE CUSTOMER CONTACTS US AND WE CANCEL THEIR AUTOMATIC PAYMENTS.
TERMINATION
We may terminate this Agreement with you, and or any services we provide, at our discretion, at any time, or if we determine that you or any user of your Service, (1) have violated any applicable laws while using our Platform; (2) have violated any portion of this Agreement or any of our Platform policies; (3) if we believe that any of your current or future actions may legally harm In The Middle of Nowhere Internet, LLC, our business interests or a third party, at our discretion. (4) lie or steal from us (5) fail to pay your bill, or have a history of billing issues with In The Middle of Nowhere Internet, LLC (6) (a) harass, threaten, or use vulgar or inappropriate language toward our representatives; (b) “spam,” or engage in other abusive messaging or calling; (7) modify or tamper with, in any way, a device that is property of In The Middle of Nowhere Internet, LLC; or (8) engage in any detrimental behavior including, but not limited to, data abuse(Over 1 terabyte is considered data abuse), torrenting or other forms of misuse of any services offered by In The Middle of Nowhere Internet. LLC. Where we have terminated this Agreement with you at our discretion, where you have any ongoing subscriptions, we may refund you a prorated portion of any unused subscription fees that have been paid for. In the event of termination, we will strive to provide you with a timely explanation; however, we are not required to do so.
TERMINATION BY CELLULAR SERVICE PROVIDER
If, in the Cellular membership Provider’s sole discretion, (a) a member is in breach of the Acceptable Use Policy; (b) a member’s use of the membership is prohibited by law or is disruptive to, adversely impacts, or causes a malfunction to the membership, the Wireless Service Provider and/or it’s partners’ servers or other equipment, or the use and enjoyment of other users; (c) a member acts in an abusive or menacing manner when dealing with The Cellular Service Provider’s technical support staff, customer service staff or any other of the Wireless Service Provider’s employees or representatives; (d) the Cellular Service Provider receives an order from a court to terminate a member’s Service; or (e) the Cellular Service Provider for any reason ceases to offer the membership, then the Cellular Service Provider at its sole election may terminate or suspend such member’s Service immediately without notice. For a termination in accordance with this paragraph, the member remains liable for all unpaid fees and other charges accrued or otherwise payable under the terms of this Agreement, any equipment charges set forth herein, if applicable.
SECURITY
We do not own, operate, maintain, or control the Service and do not take any measures to assure the security of your use of the Service or the security of the network. The Provider may take action to guard your security in the use of the network and to safeguard the network. Please refer to the Provider’s open internet disclosures for additional information.
Indemnification:
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Service.
Governing Law and Jurisdiction:
All matters relating to the Service and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Alabama without giving effect to any choice or conflict of law provision or rule (whether of the State of Alabama or any other jurisdiction). Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Service shall be instituted exclusively in the federal courts of the United States or the courts of the State of Alabama, in each case located in the City of Huntsville and County of Madsion, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.