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DSL Service Agreement – Terms and Conditions DSL Service Agreement – Terms and Conditions
DSL Service Agreement – Terms and Conditions Access to the Webb Lake Software, Inc., network is provided subject to the following conditions: Webb Lake Software LLC (WLS) exercises no control over the content of the information passing through it.
Termination / Cancellation During the first 60 days of the Initial Term, after service is installed, service may be canceled by Customer in writing with 10 days advance written notice and not be liable for remaining length of contract providing that Customer returns the equipment to WLS. In such event, and provided that Customer returns WLS' Equipment to WLS at Customer's expense within 10 days of such notice, Customer shall not be liable for the monthly recurring charges that would otherwise apply for the balance of the Initial Term. If Customer fails to return WLS' Equipment to WLS then Customer agrees to pay WLS a one time fee of $445.00. If service is canceled by Customer after the first 60 days, cancellation must be received in writing via U.S. Mail or fax, email notification is not acceptable. Customer is responsible for notifying telephone company of the cancellation. Customer is responsible for all fees up to the last day of service. Additional Charges that may occur
Dial-up Internet Access – Terms and Conditions Webb Lake Software LLC("WLS") agrees to provide you ("User") with those services ("Service") set forth on the Application subject to User's compliance with the terms and conditions below. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING THE SERVICE. BY ACCESSING THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SERVICE. Warranty Disclaimer THE FOREGOING WARRANTIES SET FORTH ARE EXCLUSIVE AND NO OTHER WARRANTY IS EXPRESSED OR IMPLIED. WLS exercises no control whatsoever over the content of the information passing through WLS' system. Use of any information obtained via WLS is at User's risk. Neither WLS nor any of its affiliates, its licensers, its contractors or their respective employees warrants that the Service will be uninterrupted or error free; nor does WLS make any warranty as to the results from use of the Service. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION GIVEN BY WLS, ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE A WARRANTY. NEITHER WLS NOR ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WARRANTS THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE ON THE SERVICE IS FREE OF VIRUSES, CANCELBOTS, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS. Limitation of Liability UNDER NO CIRCUMSTANCES SHALL WLS, ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM USER'S USE OF OR INABILITY TO USE THE SERVICE OR TO ACCESS THE INTERNET OR ANY PART THEREOF, OR USER'S RELIANCE ON OR USE OF INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON OR THROUGH THE SERVICE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, ANY FAILURE OF PERFORMANCE, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO ALTERATION OF OR USE OF USER'S ACCOUNT, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION. IN THE EVENT WLS IS FOUND LIABLE UNDER ANY CIRCUMSTANCE UNDER THE TERMS OF THIS AGREEMENT, WLS'S LIABILITY SHALL BE LIMITED TO THE UNUSED BALANCE OF USER'S SUBSCRIPTION PAYMENT PRO-RATED TO REFLECT THE CURRENT TERM. If User is dissatisfied with the Service or with any terms, conditions, rules, policies, guidelines or practices of WLS in operating the Service, User's sole and exclusive remedy is to discontinue using the Service. Indemnification Notwithstanding anything to the contrary herein contained, User agrees to indemnify and hold WLS, its affiliates, its licensers, its contractors or their respective employees harmless against any and all liability, loss, claim, judgment, damage and expense including without limitation attorney's fees and cost of litigation) incurred or suffered by WLS, its licensers, its affiliates, its contractors, or their respective employees as the result of any and all use of User's account whether authorized or not authorized or as a result of the negligence, willful misconduct, or breach of any of the terms of this Agreement by User, including but not limited to claims, liabilities, losses, damage, judgment and expense which arise out of alleged injury or death of any person or damage to property of every kind and description. User shall promptly notify WLS in writing of any claim of which it is obligated under this indemnity. User shall have the right to assume the defense of any such claim. User and WLS shall confer as to and agree on the legal counsel(s) to be selected in any such defense. WLS shall indemnify, defend and hold harmless USER from any and all damages, liabilities, costs and expenses (including reasonable attorney?s fees) incurred by USER as a result of any claims that the Service, when used within the scope of this Agreement, infringes any copyright, trademark or trade secret of any third party, provided that USER promptly notifies WLS in writing of any such claim and promptly tenders the control of the defense and settlement of any such claim to WLS, at WLS?s expense and with WLS?s choice of counsel. Age Limit User represents to WLS that all of it's employees are 18 years of age or older. User understands that certain materials available from Service provided under the terms of this Agreement may not be suitable for individuals under the age of 18. Sexually Explicit Materials User understands that the Internet contains unedited materials some of which are sexually explicit or may be offensive. User accesses such materials at his or her own risk. WLS has no control over and accepts no responsibility whatsoever for such materials. Prohibited Uses Users may not:
Messaging User agrees to limit their use of the WLS service, specifically regarding the use of WLS's electronic (email) services, to the following restrictions:
VIOLATION of ANY OF THESE TERMS WILL RESULT IN IMMEDIATE TERMINATION OF SERVICES. Furthermore, violation of any of these terms, relating to the terms described within this "Messaging" section of this document, will result in the IMMEDIATE PENALTY of $250. WLS RESERVES THE RIGHT TO CHARGE USER;S CREDIT CARD, IF ON FILE FOR USE IN PAYMENT OF WLS SERVICES, A ONE-TIME FEE OF $250 PER VIOLATION OF THESE TERMS. IN THE EVENT USER PRE-PAYS FOR THEIR WLS SERVICE VIA CASH, CHECK, OR MEANS OTHER THAN CREDIT CARD, WLS RESERVES THE RIGHT TO INVOICE AND HOLD USER RESPONSIBLE FOR THE ONE-TIME FEE OF $200 PER VIOLATION OF THESE TERMS. User also agrees to the immediate termination of WLS services for violation of any of these terms. Limitation of Dial-Up Services Although WLS advertises "Unlimited Access" in regards to some of it's Dial-Up services, there are several limitations applied. The sole purpose of these limitations are intended to limit the amount of unnecessary use of WLS services by any such User, which restricts overall WLS system availability for other such Users. These limitations apply only to Dial-Up access services offered by WLS.
Terms of Payment Payment due dates are indicated on User's invoice. Dishonored checks are subject to a collection fee to be determined by WLS in its sole and absolute discretion and User's account may be suspended until the account is current. If payment is not received within ten (10) days of the due date, service will be terminated and a setup fee of $25.00 will be added to charges for additional Service. WLS maintains the right to terminate Service for any unpaid subscriptions. Accounts in default are subject to an interest charge of 1.5% per month on the outstanding balance. Termination of Service shall not relieve User from the obligation to satisfy outstanding invoices. In the event WLS utilizes an attorney to collect any unpaid amounts, User shall be responsible for the payment of all of WLS'S attorneys' fees and costs in the collection of these sums. WLS reserves the right to change prices at any time without prior notice to it's customers or the public. Price changes will not be retroactive for existing customers, regardless of the length of their existing service subscription. No Confidentiality Information transmitted through WLS and through the Internet in general is not confidential. WLS can not and shall not guarantee privacy or protection of any User. WLS reserves the right to monitor any User's transmissions when deemed necessary for providing proper service and/or to protect the rights and property of WLS. Non-transferable The right to use the Service is not transferable. Accounts are for User's use only. User shall be responsible for the confidentiality of User's password. Loaning User's account to others, connecting a system used by multiple persons, group use of user log-ins, and consuming more than one modem line are explicitly prohibited. If User has multiple accounts, then User shall be limited to one log-in session per system account at any time. Violation of those terms shall constitute theft of Service and may be prosecuted under civil and criminal law. Purchases on the Service If User wishes to make purchases on the Service, User may be asked by the merchant or information or service provider from whom User is making the purchase to supply certain information, including credit card or other payment mechanism information. User agrees that all information User may provide any merchant or information or service provider on the Service for purposes of making purchases shall be accurate, complete and current. The merchants and information and service providers offering merchandise, information and services on the Service set their own prices and may change prices or institute new prices at any time. User agrees to pay all charges incurred by users of User's account and credit card or other payment mechanism at the prices in effect when such charges are incurred. User shall also be responsible for paying any applicable taxes relating to purchases on the Service. No System Backup WLS does not and will not perform system backups on any User's E-mail account(s). WLS shall not be held responsible for any lost E-mail data, email attachments, or any E-mail message contents, regardless of the reasoning for data loss or system causes. Except as otherwise set forth herein, WLS will not provide historical data, to any party for any reason, regarding any system or Internet activity. WLS does not and will not perform system backups on any User's personal web site account(s). WLS shall not be held responsible for any lost web data, web files, or any web site contents, regardless of the reasoning for data loss or system causes. Except as otherwise set forth herein, WLS will not provide historical data, to any party for any reason, regarding any system or Internet activity. Failure to Comply With Terms and Conditions WLS may deny User access to all or part of the Service without notice if User engages in any conduct or activities that WLS in its sole discretion believes violates any of the terms and conditions in this Agreement. If WLS denies User access to the Service because of such a violation, User shall have no right (1) to access through WLS any materials stored on the Internet, (2) to obtain any credit(s) otherwise due to User, and such credit(s) shall be forfeited, (3) to access third party services, merchandise or information on the Internet through WLS, and WLS shall have no responsibility to notify any third-party providers of services, merchandise or information nor any responsibility for any consequences resulting from lack of notification. Miscellaneous User agrees to remain signed into the network only when actually making use of same, and to disconnect when idle for significant periods of time (more than 10 minutes). User also agrees to not remain connected to WLS' system for periods exceeding (8) eight hours, in any single continuous session. User authorizes WLS to enforce these restrictions by appropriate software and network measures, automated and manual. User agrees to notify WLS if User moves or otherwise changes his or her mailing address or phone number, and to list a truthful name, postal address and telephone number on the forms User supplies to WLS. In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect. WLS' failure to insist upon or enforce strict performance of any provisions of this Agreement shall not be construed as a waiver of any provision or right. neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement. WLS may modify this Agreement from time to time by placing a notice of such modification at http://www.webblake.net, and User's continued use of the Service following notice of such modification shall be deemed to be User's acceptance of any such modification. It is User's responsibility to check this online area regularly to determine whether this Agreement has been modified. If User does not agree to any modification of this Agreement, User must immediately stop using the Service. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota without regard to its conflicts of law provisions. Any cause of action User may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. WLS shall not be liable or deemed to be in default for any delay or failure in performance under this Agreement or interruption of service resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, riots, civil disturbances, insurrections, accidents, dire, explosions, earthquakes, floods, the elements, strikes, labor disputes, shortages of suitable parts, materials, labor or transportation or any cause beyond the reasonable control of WLS. Venue for litigation of any dispute, controversy, or claim arising out of, in connection with, or in relation to this Agreement, or the breach thereof, naming WLS as the defendant, shall be proper only in a venue determined by WLS. In any action between WLS and User to enforce any of the terms of this Agreement, WLS shall be entitled to recover expenses, including reasonable attorney's fees. |
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