“Help us to stay online by your kind donation.
Every penny will help.”
Internet Network Access & Service Agreement
1.0 In General.
[Name of Access Provider], a [corporation/partnership/limited liability company] organized and existing under the laws of the State of [state] and having a principal place of business at [address] (Access Provider), will provide you access to the Internet and/or other services to the best of Access Provider's ability. Accounts are for our direct customers' use only and are not for resale. We reserve the right to terminate any account for any reason. BY COMPLETING THE ENROLLMENT PROCESS AND USING ACCESS PROVIDER'S SERVICES YOU HAVE AGREED TO BE LEGALLY BOUND TO ABIDE BY THE TERMS OF THIS SERVICE AGREEMENT WHETHER OR NOT YOU HAVE PERSONALLY READ AND/OR SIGNED EACH DOCUMENT.
Access Provider is a computer on-line, interactive information, communication and transaction service provider. The services provided by Access Provider (the Services) are available to an authorized customer (Customer, Customers or you) through a customer account; it is accessible through a personal computer and a communications device (.g., modem, telephone line).
1.1. Please read this document carefully. This document governs the responsibilities of the Customer in his or her interaction with Access Provider and the Internet.
1.2. If you do not wish to be bound by these documents then you are not permitted to continue to use the Services. If this is the case, then you must immediately terminate your customer account and are forbidden from using the Services.
1.3. Access Provider reserves the right to modify this Service Agreement at any time and in any manner. Any modification is effective immediately upon either a posting on the Access Provider's Home Page, or by sending notice of modification to you via electronic mail or conventional mail. If any modification of this Service Agreement is unacceptable to you, you may immediately terminate your customer account as provided in Section 7 below.
Your continued use of the Services following a modification of the Service Agreement shall be conclusively deemed as acceptance of such modification. 1.4. Customer acknowledges that he has been informed of the terms of this Service Agreement. This document is also available to read on-line or for downloading and review at Customer's convenience or through mail upon request.
1.5. This Service Agreement constitutes the entire and ONLY agreement between Access Provider and Customer with respect to the Services. Access Provider reserves the right to alter any aspect of the Services including, but not limited to,
(1) restricting the time available per Customer;
(2) restricting the availability and/or scope of the Services for certain platforms (i.e. computer types and operating systems);
(3) restricting the amount of use permitted;
(4) restricting the information available to Customers (e.g., news groups, BBS groups); and
(5) restricting or terminating any Customer's right to use the Services in Access Provider's sole discretion and without prior notice or liability. Access Provider also reserves the right to change or add any fees or surcharges at any time effective upon thirty (30) days' prior notice.
2.0. Customer Responsibility.
2.1. Connect Charges. Customer is responsible for all charges (e.g., telephone fees) associated with connecting to the Services.
2.2. Equipment. Customer is responsible for obtaining or providing all telephone access lines, telephone and computer equipment (including modem), or other access device, necessary to access the Services.
2.3. Registration. Customer certifies that he or she is either a corporation, partnership or limited liability company authorized by Access Provider to be a Customer of the system, or an individual either above age eighteen (18) or a minor whose parent or legal guardian has consented to allow you to become a Customer. A minor's parent or legal guardian has authorized the minor's use on Customer's account under adult supervision and with the assumption of liabilities resulting from minor's use. Access Provider may, at its discretion, enter into a special billing arrangement with employers or other entities. Customer agrees to provide Access Provider with accurate, complete and updated information required by the registration process contained in this Service Agreement, including Customer's legal name, address, telephone number(s) and applicable payment data (i.e., credit card number, expiration date, checking account information). Customer agrees to notify Access Provider within thirty (--) days of any changes in Customer registration data. Failure to fully comply with this provision will result in immediate suspension or termination of the Customer's use of the Services.
(a) Accounts. This Service Agreement applies to all sub-accounts and alternate screen names associated with Customer's principal account(s) (Master Account(s)). Each Customer is responsible for all activities and charges resulting from the use of Customer's Master Account(s) by any person and for ensuring complete compliance with this Service Agreement by all users of his or her Master Account(s). The Access Provider's Master Account(s) may not be transferred without prior written approval from Access Provider and is subject to any limitations established by Access Provider.
(b) Passwords. Upon your enrollment as a Customer, you will select a unique e-mail password and Access Provider will assign you your own log-in password. For security purposes, Access Provider may occasionally change your log-in password and will notify you of such a change either through e-mail or via telephone. Customer is responsible for maintaining the confidentiality of his or her passwords and is liable for any harm resulting from disclosing or allowing disclosure of any password. Customers are not authorized to distribute their passwords to anyone. If a Customer does so he or she remains liable to Access Provider (and any other person or entity) for any and all damages caused whether he or she knew about the actions of the person to whom such password(s) was disclosed. In addition, Access Provider will in no way be liable for any damages caused to the Customer who revealed his or her password to another nor will Access Provider be liable to any third parties who may be damaged as a result of te password disclosure and for the actions of the person to whom the password was disclosed. In the event of a breach of security, Customer will remain liable for any unauthorized use of the Services until Customer notifies Access Provider by e-mail at [e-mail address of Access Provider] or by calling Access Provider at [phone number].
(c) Payment. Current rates, terms and methods of payment including applicable penalties for late charges associated with using the Services are as follows:
(i) There will be a ....... dollar ($.......) initial sign-up fee.
(ii) Customer will pay by check on a [monthly/quarterly/annual] basis due in advance on the first day of the [month/quarter/year]. Accounts beginning at any time other than the first day of the [month/quarter/year] shall be charged a pro-rated fee for the period beginning on the date the Customer's account is opened and terminating on the last day of the [month/quarter/year] in which such date occurs.
(iii) Thereafter, Customer will be invoiced on the first day of every [month/quarter/year] according to the rate plan selected. Should Customer's usage exceed the designated rate plan, the excess amount will be invoiced, along with the Customer's normal [monthly/quarterly/annual] fee, on the first day of each [month/quarter/year].
(iv) Access Provider offers all Customers technical support in order to assist the Customer in accessing his or her account. Technical support is offered either via on-line assistance or over the telephone. Access Provider has standard hours for technical support Monday through Friday from [time] a.m. to [time] p.m. local time in [city and state].
(v) Fees are subject to change. Customer will be notified by postal or electronic mail thirty (--) days before said rate change is to take effect and will have fifteen (15) days from date of the mailing of the rate increase to notify Access Provider of cancellation of said contract due to a rate change. Should no written cancellation (via postal or facsimile mail) be received by Access Provider in that time, Customer understands and agrees to be bound by the higher rate beginning in the next billing cycle.
(vi) In addition to the above, Customer is also entitled to cancel (via postal or facsimile mail) at any time for any reason. However, [monthly/quarterly/annual] fees already charged shall not be refunded, nor is the Customer entitled to any refund for any unused portion of the [monthly/quarterly/annual] charges. Any amounts exceeding Customer's rate shall be automatically invoiced prior to said cancellation.
(vii) Service invoices are due upon receipt. A .......percent (.......%) monthly charge will be added to any outstanding balance which remains overdue for a period of more than [number] days.
(viii) There will be a ....... dollar ($.......) fee for each returned or dishonored check. There will be a ....... dollar ($.......) re-processing fee for any credit card account which is invalid or dishonored.
(ix) If a Customer's account remains overdue or where the Customer's check has been dishonored, or where a Customer's credit card is dishonored, Access Provider reserves the right to suspend Customer's account until the entire outstanding balance has been paid.
(x) Customer shall be responsible for all sales, use, value added, personal property or other governmental tax or levy imposed on the goods or services billed to his or her Master Account(s), other than taxes based on net income or profits of Access Provider.
2.5. On-Line Conduct. Any conduct by a Customer that in Access Provider's sole discretion restricts or inhibits any other Customer from using or enjoying the Services will not be permitted. Customer agrees to use the Services solely for lawful purposes. Customer is prohibited from posting on or transmitting through the Services any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national or international law. Access Provider reserves the right to suspend or terminate any Customer whose actions are in violation of acceptable on-line conduct, the determination of which resides in Access Provider's sole discretion.
(a) Distribution/Uploading of Third Party Content. Customer may upload software files or otherwise distribute on the Services only information, software, photos, video, graphics, music, sounds, or other material (collectively known as Content) that is not subject to any copyright or other proprietary rights protection (collectively known as Public Domain Content), or Content in which the author has given express authorization for on-line distribution. Any copyrighted Content submitted with the consent of the owner should contain a phrase such as "Copyright owned by [insert name of owner]; Used by Permission." The unauthorized submission of copyrighted or other proprietary Content constitutes a breach of this Service Agreement and could subject you to criminal prosecution as well as personal liability for damages in a civil suit. The Customer, not Access Provider or its employees or independent contractors, are liable for all damages arising from such submission. By submitting Content to be included or uploaded to a Home Page or Web Site created by Access Provider or another entity for inclusion in the Services or by submitting such Content to any "Public Area" (i.e., those areas of the Services that are generally accessible to other Customers and non- Customers, such as Home Pages, chat rooms, message boards, and file uploads), you automatically grant, or warrant that the owner of such Content has expressly granted Access Provider the royalty free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute the Content (in whole or in part) worldwide and/or to incorporate it in any other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such Content. You also permit any Customer to access, view, store, or reproduce the Content for that Customer's personal use. Subject to this grant, the owner of Content placed on the Services retains any and all rights which may exit in such Content.
(b) Export. The United States export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. Customer agrees to abide by these laws, including but not limited to the Export Administration Act, the Arms Export Control Act and their implementing regulations. Customer agrees not to transfer, by electronic transmission or otherwise, any Content derived from the Services to either a foreign national or a foreign destination without first obtaining the required government authorization. Customer further agrees not to upload to the Services any data or software that cannot be exported without the prior written government authorization, including but not limited to certain types of encryption software. This assurance and commitment shall survive termination of this Service Agreement. In addition, the United States export control laws currently pohibit nationals of Cuba, Iran, Libya, North Korea and Syria from gaining access to certain Content on the Services at this time.
(c) Benefit of Provisions. The foregoing provisions of Section 2.6 are for the benefit of Access Provider and its employees and independent third-party information providers (Information Providers), merchants (Merchants) and licensors (Licensors), and each shall have the right and enforce such provisions directly on their own behalf.
2.7. Third-Party Consent. Access Provider is a distributor (and not a publisher) of Content supplied by third parties and Customers. Accordingly, Access Provider has no more editorial control over such Content than does a public library, bookstore or newsstand. Any opinions, advice, statements, services, offers or other information or Content expressed or made available by third parties, including Information Providers, Merchants, Customers or any other user of the Services, are those of the respective author(s) or distributor(s) and not of Access Provider. Neither Access Provider nor any third party provider of information guarantees the accuracy, completeness, or usefulness of any Content nor its merchantability or fitness for a particular purpose. Section 5 below contains the complete provisions governing the limitation of liabilities and disclaimers of warranty. In many instances, the Content available through the Services represents the opinions and judgments of the respective Information Provider, Customer, or other user not under contract with Access Provider. Access Provider neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Services by anyone other than authorized Access Provider employee spokes persons while acting in their official capacities. Under no circumstances will Access Provider be liable for any loss or damage caused by Customer's reliance on information obtained through the Services. It is the responsibility of Customer to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other Content available through the Services. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice, or other Content.
2.8. Retention of Files. Customer is responsible for retention of all files, information, data and other materials as may be necessary for reconstruction of any files, information material or messages lost or misplaced by Access Provider.
2.9. Compliance with Applicable Laws. Customer hereby acknowledges that the Internet is governed by applicable state, federal and international laws, that such laws are currently evolving and may well continue to evolve for some time to come. Customer understands and agrees that it is the Customer's SOLE responsibility to educate himself as to the applicable laws and to govern his actions accordingly. Notwithstanding the above, Customer agrees to conform his conduct to all applicable state, federal and international regulations, including those established under NSFNET, which is currently one of the established protocols for on-line use. At Customer's request a copy of NSFNET protocol can be e-mailed to Customer for his review upon account activation. Customer understands and agrees that failure to conform his or her conduct to all applicable state, federal and international laws and the NSFNET policy will be grounds for termination of his or her account with Access Provider.
3.0. Third-Party Sales and Services. Customer may order and purchase merchandise or services from other Customers and users of the Services who are not affiliated with Access Provider. All transactions concerning third-party (Merchant) goods or services, including, but not limited to, purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between Merchant and Customer. Access Provider makes no warranties or representations whatsoever with regard to any good or service provided by any Merchant. Access Provider shall not be a party to any transaction between Customer and Merchant, or be liable for any cost or damage arising either directly or indirectly from any action or inaction of any Merchant.
4.0. Access Provider's Rights.
4.1. Access Provider may elect to monitor electronically any and all traffic which utilizes the Services. This monitoring may include public as well as private communications and data transfers from our Customers and to our Customers as well as any and all communications and data transfers to and from any other Internet sites. Access Provider will monitor our Customers and those who use or transmit communications or other data over the Services to try and ensure adherence to international, federal, state and local laws as well as this Service Agreement. Furthermore, Access Provider shall also monitor and disclose any Content, records or electronic communication of any kind (1) to satisfy any law, regulation or authorized governmental request; (2) if such disclosure is necessary to operate the Services; or (3) to protect the rights or property of Access Provider, its Customers, or Information Providers or Merchants. The monitoring and disclosure activities of Access Provider may negate the privacy protections which the Customer would otherwise enjoy under federal and state law, including the Electronic Privacy Communications Act. Customer specifically agrees that Access Provider may do so and Customer understands that he or she is giving up privacy rights which he or she would otherwise be entitled to under state law.
4.2. Access Provider reserves the right to prohibit conduct, communication or Content which it deems in its sole discretion, to be harmful to individual Customers, the Access Provider's or other third parties' rights or to violate applicable law. Notwithstanding the foregoing, neither Access Provider nor its Information Providers have the practical ability to restrict conduct, communication or Content which might violate its Service Agreement prior to transmission on the Services, nor can they ensure prompt editing or removal of questionable Content after on-line posting. Accordingly, neither Access Provider nor any Information Provider shall assume liability for any action or inaction with respect to conduct, communication or Content on the Services.
4.3. Access Provider may monitor or disclose any private electronic communication where permitted or required by law or necessary to protect the rights and interests of Access Provider as discussed in Section 4.1 hereof. Access Provider may terminate immediately without notice any Customer who misuses or fails to abide by this Service Agreement, including without limitation, misuse of the software libraries, discussion boards, e-mail or conference areas.
4.4. Access Provider reserves the right to distribute to Merchants or third parties certain general information about its Customers such as the Customer's name and mailing address unless the Customer specifically elects to keep such information confidential. In order to do so, Customer must select the "Do Not Distribute Information to Merchants or Third Parties" box at the end of this Service Agreement. Access Provider will not distribute specific billing information (i.e., credit card information and/or checking account numbers).
5.0. Limitation of Liability and Disclaimer of Warranty.
5.1. CUSTOMER EXPRESSLY AGREES THAT USE OF THE SERVICES IS AT CUSTOMER'S SOLE RISK. NEITHER ACCESS PROVIDER, ITS EMPLOYEES, AFFILIATES, AGENTS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SERVICES. WHILE ACCESS PROVIDER IS DEDICATED TO PROVIDE LOCAL DIAL-UP SERVICES IN ITS SERVICE AREA, NEITHER ACCESS PROVIDER NOR ANY OF ITS INDEPENDENT NETWORK SERVICE PROVIDERS MAKE ANY REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, THAT ANY AVAILABLE ACCESS NUMBER WILL BE A LOCAL CALL FROM YOUR AREA CODE AND EXCHANGE.
5.2. THE SERVICES ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES THAT ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY ACCESS PROVIDER, ITS EMPLOYEES, AGENTS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE SHALL CREATE A WARRANTY, NOR SHALL CUSTOMER RELY ON ANY SUCH INFORMATION OR ADVICE.
5.3. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL ACCESS PROVIDER OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SERVICES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SERVICES, INCLUDING BUT NOT LIMITED TO RELIANCE BY A CUSTOMER ON ANY INFORMATION OBTAINED ON THE SERVICES, OR THAT RESULT FROM ANY MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO ACCESS PROVIDER'S RECORDS, PROGRAMS OR SERVICES. CUSTOMER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH 5.3 SHALL APPLY TO ALL CONTENT, MERCHANDISE OR SERVICES AVAILABLE THROUGH THE SERVICES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OF OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES ACCESS PROVIDER'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
5.4. Notwithstanding the foregoing, in no event shall the total liability of Access Provider or its employees, affiliates, agents, third-party Information Providers, Merchants or Licensors, for all damages, losses and causes of action whether in contract, tort, including negligence, or otherwise, either jointly or severally, exceed the aggregate amount paid by Customer to Access Provider in the twelve (12) months prior to the claimed injury or damage. The foregoing provisions of this Section 5 are for the benefit of Access Provider, its employees, directors, affiliates, agents, Information Providers, Merchants and Licensors, and each shall have the right to assert and enforce these provisions directly on their own behalf.
6.1. Upon request of Access Provider, Customer agrees to defend, indemnify and hold harmless Access Provider and its officers, directors, employees, agents, third-party Information Providers, Merchants and Licensors, from any claims and expenses, including but not limited to, reasonable attorneys' fees, related to any violation of this Service Agreement by use of Customer's Master Account(s), disclosure by Customer of his or her password(s) to another, or in connection with the placement or transmission by or through Customer of any Content on the Services and the services of its third-party Information Providers, Merchants and Licensors.
7.1. Either Customer or Access Provider may terminate Customer at any time and for any reason. Customer's only right with respect to any dissatisfaction with either (1) the terms of this Service Agreement, policy guidelines or practices of Access Provider in operating the Services; (2) content available through the Services or changes therein; or (3) changes in the amount or type of fees charged in connection with the Services, is to terminate Customer by delivering notice to Access Provider effective the day Access Provider receives notification of termination or such specified future that may be acceptable to Access Provider. In the event that Customer's account is terminated or canceled, any on-line time credited to Customer's Master Account(s) is not convertible to cash or any other form of credit.
7.2. Access Provider may terminate Customer, or suspend any individual Customer's access to all or part of the Services, without notice, for any conduct that Access Provider, in its sole discretion, believes violates this Service Agreement, interferes with another Customer's enjoyment of the Services, or is otherwise harmful to another Customer, third-party Information Provider, Merchant, Licensor, service provider or Access Provider's interests.
7.3 Termination of Customer automatically terminates service to all other users or sub-accounts under Customer's Master Account(s). Upon termination of Customer, Customer shall have no right to (1) access any stored Content on the Services and any such Content will be forfeited; (2) any user time, game or other credit(s) and such credit(s) will be forfeited; (3) third-party merchandise or services and Access Provider shall have no responsibility to notify any third-party Merchants, nor for any consequences resulting from lack of notification. Termination or suspension by Access Provider automatically terminates or suspends, as the case may be, Customer's license to use the Services. In the case of termination, Customer remains bound by Sections 2, 5, 6 and 8 herein.
8.1. In the event that any portion of this Service Agreement is held to be unenforceable, the invalid or 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 this Service Agreement shall remain in full force and effect. The paragraph headings herein are provided only for reference and shall have no effect on the construction or interpretation of this Service Agreement.
8.2. The failure to insist upon or enforce strict performance by the other party of any provision of this Service 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 Service Agreement.
8.3. This Service Agreement shall be governed by and construed in accordance with the laws of the State of [state], except with regard to its conflicts of law rules. Each party irrevocably consents to the exclusive jurisdiction of the courts of the State of [state] and the federal courts situated in the State of [state] in connection with any action arising under this Service Agreement or relating to the Services. Any cause of action of Customer or its authorized user(s) with respect to the Services must be commenced within one (1) year after the claim or cause of action arose or said cause of action shall be barred.
CUSTOMER ACKNOWLEDGES THAT CUSTOMER HAS READ THIS SERVICE AGREEMENT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS.
[Name of Customer]
By: [Name of Authorized Signatory]
I HAVE RECEIVED, READ, AND NOW ACKNOWLEDGE AND AGREE TO THE SERVICE AGREEMENT. I AM RESPONSIBLE FOR THE ACTUAL ACCOUNT ACTIVITY AND GUARANTEE PAYMENT, AND IF UNDER 18 YEARS OF AGE, MY PARENT OR GUARDIAN SIGNING BELOW WILL BE RESPONSIBLE FOR THE ACTUAL ACCOUNT ACTIVITY AND PAYMENT.
[Name of Individual]
Signature of Parent/Guardian: [signature]
*** If Required By State Law ***
This Section for Notary:
State of _________
County of ________ [COUNTY]
On [DATE] before me, [NAME OF NOTARY], notary, personally appeared [NAME OF PERSON(S) INVOLVED], personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
Witness my hand and official seal.
My commission expires: _____