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Northcoast Internet, Inc. supplied you, the "Member",
with certain equipment when your PeRKInet service began. You signed an
Agreement at that time regarding the PeRKInet equipment supplied by Northcoast
Internet, Inc. The language of that Agreement is reproduced here for your
convenience. It is an addendum to the Terms of Service Agreement governing
all Northcoast Internet, Inc. access accounts.
The Member agrees to the following terms and conditions for use of
the supplied PeRKInet equipment.
This agreement becomes effective on the date the PeRKInet equipment
is supplied to the Member for a period of thirty (30) days. It will
be automatically renewed unless either the Member or Northcoast Internet,
Inc. gives written notice to the other of its desire to terminate the
agreement.
Member agrees to use the provided PeRKInet equipment only while he
or she is a subscriber to the PeRKInet service. Upon termination of
subscription to the PeRKInet service, the Member agrees to return all
equipment free from any misuse or damage. If the Member has misused
the equipment, damaged it, or fails to return it within five (5) days
after the subscription terminates, then the Member agrees to pay the
value of the supplied PeRKInet equipment, plus applicable sales tax,
to Northcoast Internet, Inc.
If the Member believes that the equipment is not functioning properly,
then the Member should contact Northcoast Internet, Inc. immediately.
Northcoast Internet, Inc. will inspect the equipment to determine if
it is defective and, if so, replace it. If Northcoast Internet, Inc.
cannot replace the modem within a reasonable period of time after the
Member contacts Northcoast Internet, Inc., then Northcoast Internet,
Inc. will credit the Member's Premier account, on a pro rata basis,
for the period of time that the Member was without the modem. This replacement
shall be the Member's sole remedy for any problem relating to the equipment.
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