WEBSITE TERMS & CONDITIONS ("Agreement")

This Website (the “Site”) is operated by WestLink Communications, LLC. (WestLink). By accessing the Site and/or registering for or using the services provided on the Site (the “Services”), the party so accessing, registering or using (referred to herein as “You”, “Your” or “Yourself”) acknowledges and agrees to the terms and conditions contained in this Agreement along with the terms and conditions contained in WestLink’s Privacy Statement and the terms and conditions applicable to any of the specific Services that You have registered to receive (collectively, the “Terms”).  If You do not agree to all of these Terms, do not continue to access the Site or register or use any of the Services.  WestLink Communications, LLC reserves the right to change, modify and or remove portions of the Terms at any time.  Therefore, WestLink Communications, LLC recommends that You periodically review this Agreement, the Privacy Statement page and the terms and conditions pages for any Service You have registered to receive.  Your use of the Site after WestLink Communications, LLC has posted changes to the Terms will constitute Your acceptance of those revised Terms.

1. Restricted Use and Intellectual Property Rights.

 Everything contained within the Site, including but not limited to, trademarks, service marks, logos, designs, photographs, audio and video clips, digital services, ring tunes, tones, picture images, graphics, links, architecture, including format, layout and data structures, and other content on this Site, and all copyright, trademark (SNAP; PAY AS YOU GO; E-BILL; 411 PLUS; MY-PICS), trade secret, patent, privacy, publicity and other proprietary or intellectual property rights therein, is owned by WestLink Communications, LLC or used by WestLink Communications, LLC with permission.  Except as expressly authorized herein, You may not copy, transmit, distribute, display, perform or modify any information or material contained in this Site without the prior written consent of WestLink. WestLink Communications, LLC consents to Your browsing the Site and all of its pages, making and storing one copy of the Site pages for the sole purpose of later viewing those pages, and printing copies of the Site pages for Your personal use only.  The limited consent granted in this Agreement shall terminate automatically if You breach any of the Terms.  Upon any such termination, You must immediately destroy all copies of any information or material from the Site in Your possession or control.

2. Framing.

 You may not display any information or material contained in the Site together with other information or material (“Frame”) without the prior written consent of WestLink Communications.   WestLink Communications, LLC reserves the right to withhold its approval of any framing request for any or no reason. WestLink Communications, LLC will notify You electronically or in writing with approval or disapproval of your framing request.

3. Links And Other Third Party Material.

 Through the Site and the Services, WestLink Communications, LLC provides You with unfiltered access to information posted or transmitted by You and other users and third parties (collectively, “Content”).  Access to the Content is provided merely as a service to You.  WestLink Communications, LLC does not guarantee the quality, nor do we wish to control the nature of the Content.  Naturally, not all Content will agree with and appeal to each individual user. Another users’ Content may be offensive, harmful or inaccurate.  Content from individual users or third parties does not reflect the opinion and intentions of Midwest Wireless.  Please use discretion in viewing, interpreting, or relying on any Content. 

Some of the information or material contained on this Site, or on Websites that may be accessed by an hypertext link provided on this Site, is provided by third parties; such information may include, information about product or service descriptions, prices and availability (“Third Party Materials”).  WestLink Communications, LLC makes no warranties regarding the Third Party Materials and does not verify the accuracy of such materials.  Third Party Materials are subject to change without notice.  You should contact the organization or individual supplying the Third Party Materials to verify the accuracy of such material.  If You do not have the contact information for the provider of any Third Party Materials or if you would like a copy of the  manual for Your wireless telephone, You may either: (a) download the manual and/or contact information from the third party’s Web site; or (b) call the WestLink Communications, LLC Customer Care Hotline 800-360-7893 for assistance. 

WESTLINK COMMUNICATIONS, LLC DOES NOT CONTROL OR ENDORSE, AND ACCEPTS NO LIABILITY FOR, THE CONTENT THE THIRD PARTY MATERIALS OR THE PRODUCTS OR SERVICES REFERENCED ON ANY THIRD PARTY SITE.

4.  Spam.

 Unsolicited commercial electronic mail messages (“Spam”) may not be distributed or otherwise used on or through the Site or the Services.  WestLink Communications, LLC may use anti-Spam techniques, without prior consent, to stop Spam messages and prevent them from delivery.

 5.  Warranties.

 WestLink Communications, LLC represents and warrants that it will endeavor to provide You with access to the Site, subject to the Terms.  WestLink Communications, LLC reserves the right, in its sole discretion and without notice, to modify this Site and all of its contents at any time.

 This Site and all of its contents are provided as a convenience to You on an "AS IS" and "AS AVAILABLE" basis. WestLink Communications, LLC does not warrant that Your access to these Site Pages will be uninterrupted or error-free. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, WESTLINK COMMUNICATIONS, LLC DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF OR AGAINST INTERFERENCE WITH THE ENJOYMENT OF THE INFORMATION, INFRINGEMENT, ACCURACY, COMPATIBILITY, INTEGRATION, TITLE, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.

You hereby represent and warrant that all information or material You post to or otherwise transmit through the Site (“User Post”): (a) is owned by You or that you have the right to post or transmit such information; (b) does not contain any illegal or otherwise inappropriate material, including but not limited to any: pornographic, obscene or offensive text, graphics or images; virus, time bomb, trojan horse, spam, chain letters, bots, spiders, crawlers, or other repetitive information collection or distribution devices, or otherwise damaging material; and (c) does not infringe the copyright, trademark, trade secret, patent, privacy, publicity or other proprietary or intellectual property rights of any third party. 

6. Limitation Of Liability.

 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WESTLINK COMMUNICATIONS, LLC AND ALL OF ITS CONTRACTORS INVOLVED IN CREATING, PRODUCING OR DELIVERING ANY OF THE CONTENTS OF THIS SITE DISCLAIM ANY AND ALL LIABILITY FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOST PROFITS, LOSS OF INFORMATION OR DATA, OR BUSINESS INTERRUPTION ARISING FROM OR RELATED TO THE ACCESS, USE OF OR INABILITY TO ACCESS OR USE THIS SITE, EVEN IF WESTLINK COMMUNICATIONS, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

7. Security And Privacy.

 WestLink Communications, LLC has taken reasonable precautions to protect against the loss, misuse and alteration of the User Posts and information collected by WestLink Communications, LLC about the User (“User Data”).  Neither WestLink Communications, LLC, nor any other Internet service, can promise complete security against unauthorized access to, use of and disclosure of information.  Therefore, WestLink Communications, LLC makes no warranty with regard to the security of the User Posts or User Data. 

 WestLink Communications, LLC will use the User Data in accordance with its Privacy Statement. 

 WestLink Communications, LLC may monitor the User Posts and remove any such information and/or terminate the provision of any Service to you if it believes in good faith that: (a) You have breached any of the warranties made herein; (b) You have caused injury to or interference with (either intentionally or unintentionally) the Site, the Service, WestLink’s rights or property, other users of the Site, or anyone else; or (c) it is required to do so by any law enforcement agency or applicable law, rule, regulation or order.  This Section in no way restricts WestLink’s right to exercise any other right or remedy that it may have at law or in equity.

You agree to indemnify and hold WestLink Communications, LLC and its officers, directors, agents, employees, affiliates, successors and assigns harmless from and against any and all claims, damages, liabilities, losses, judgments, costs and expenses (including costs and legal fees) occasioned by or arising out of any breach or claimed breach by You: (i) of any of Your representations, warranties, or agreements made hereunder, or (ii) for any other negligent or willful acts or omissions.

8. Miscellaneous.

1. Assignment.  You agree not to delegate, assign, or otherwise transfer this Agreement or any of Your rights or obligations hereunder.  WestLink Communications, LLC may delegate, assign or transfer this Agreement and/or its rights or obligations hereunder.

2. Governing Law.  This Agreement will in all respects be governed by and interpreted, construed and enforced in accordance with the laws of the United States and the State of Kansas, except for its conflict of laws provisions.  Any action arising out of or relating to the Site or this Agreement, including its interpretation, performance, enforcement or breach, will be exclusively venued in a state or federal court situated within the State of Kansas.  You irrevocably consent and submit Yourself to the personal jurisdiction of said courts for all such purposes.

3. Construction.  Every provision of this Agreement will be construed, to the extent possible, so as to be valid and enforceable.  If any provision of this Agreement so construed is held by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable, such provision will be deemed severed from this Agreement, and all other provisions will remain in full force and effect.

4. Non-Waiver and Cumulation of Remedies.  The failure by WestLink Communications, LLC at any time to enforce any of the provisions of this Agreement or any right or remedy available hereunder or at law or in equity will not constitute a waiver of such provision, right, remedy or affect the validity of this Agreement.  The waiver of any default by WestLink Communications, LLC will not be deemed a continuing waiver.  Except as expressly provided herein, all remedies available to WestLink Communications, LLC for claim arising from or related to this Agreement, or at law or in equity, are cumulative and may be exercised concurrently or separately.

5. Injunctive Relief.  It is understood and agreed that Your breach of any of the non-monetary terms of this Agreement will cause WestLink Communications, LLC irreparable harm for which WestLink Communications, LLC lacks an adequate remedy at law.  In the event of any such non-monetary breach or failure, WestLink Communications, LLC shall be entitled to injunctive relief as a non-exclusive remedy for such non-monetary breach or failure.  Nothing contained in this Section shall act as a limitation on WestLink’s right to damages for any breach or failure committed by You.

6. Amendment.  You may not modify or amend this Agreement except with the written approval of WestLink Communications, LLC.   

7. Termination and Survival of Terms.  This Agreement shall be perpetual unless WestLink Communications, LLC terminates the Agreement or the provision of the Services.  Upon the termination of this Agreement Sections 5, 6, 7 and 8 shall survive.

8. Entire Agreement.  This Agreement along with WestLink Communications, LLC’s Privacy Statement and the terms and conditions applicable to any Service that You have registered to receive, contains the entire agreement of the parties regarding the subject matter hereof and supersedes all prior understandings and agreements between the parties regarding the same subject matter.

Date of last revision of this statement:    November 1, 2004