Terms & Conditions
TERMS AND CONDITIONS FOR INTERNET CONNECTIVITY:
Customer and SuperNetInfoComm enter into an agreement, (the “Agreement”) as follows:
1. Provider shall make reasonable efforts to furnish to Customer the services and/or equipment described in the elected “Service Plan” which is incorporated herein by reference and made a part
hereof for all purposes. The phrases, “Commencement Date”, “Monthly Rate”, and “Service Plans”, shall have the meanings ascribed to them in the “Service Plan”. Customer shall make reasonable efforts to furnish Provider with access and adequate space and location to install and maintain services and/or equipment referenced in this Agreement and Service Plan.
2. General Obligations:
2.1 Customer agrees to provide Provider with accurate, complete and current information at the time Customer executes this Agreement, including Customer’s legal name (or business name), address, telephone number(s), e mail address(s), and payment data at the time Customer subscribes to Provider’s Internet Service. After Customer’s execution of this Agreement and attached Service Plan and Customer’s initial connection to the Internet, Customer agrees that prior to making any changes to Customer’s Premises Equipment used to connect to Provider’s Service, Customer agrees to contact Provider and obtain Provider’s approval prior to Customer making any changes. Customer’s failure to provide accurate information regarding Customer’s Premises Equipment changes will constitute a breach of this Agreement and may result in Provider terminating service to Customer.
2.2. Customer agrees that the Internet service provided under this Agreement is personal to and specific to Customer at Customer’s registered address and premises as shown above and on the attached Service Plan. Customer agrees that it will be a violation of this Agreement to allow Provider’s Internet Service to be transmitted, or otherwise provided in any way, to any other person, Internet user, entity or business that is located separate from, off, or outside Customer’s address and/or premises. In event Customer violates the herein referenced terms of this Agreement, Customer agrees that Provider will have the right to immediately terminate this Agreement and discontinue service to Customer.
3. Service and Performance:
PROVIDER WILL FURNISH THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND PROVIDER EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER SHALL APPLY TO ANY EQUIPMENT SOLD OR LOANED AND TOALL ADVICE, ASSISTANCE, DATA, INFORMATION, OR SERVICE, NOW OR SUBSEQUENTLY FURNISHED, DELIVERED OR MADE AVAILABLE BY PROVIDER, ITS AFFILIATES, ITS CONTRACTORS, MANAGERS, MEMBERS OR THEIR RESPECTIVE EMPLOYEES OR AGENTS. PROVIDER DOES NOT WARRANT THAT SERVICE WILL BE UNINTERRUPTED, OR ERROR FREE. Neither Provider, nor its agents, contractors, employees, manager(s), or members (collectively referred to hereafter as “Provider’s Group”), will be responsible for, and Customer waives and relinquishes any claim against Provider’s Group for any damage, loss, cost or other expense, whether direct, indirect, consequential or incidental, that Customer or any third party may suffer which is related to, or results from Customer’s use of the Service. This includes, but is not limited to, loss of data or business resulting from delays, non-delivery, mis-delivery, or interruptions as a result of Provider’s or Customer’s (in actions. CUSTOMER EXPRESSLY ASSUMES ALL RISKS ASSOCIATED WITH CUSTOMER’S USE OF THE SERVICE, including but not limited to those that might occur from the introduction into Customer’s computer(s) of viruses, worms, Trojan Horses, or from unauthorized entry or entries into Customer’s computer(s) or any other problem, which result from use of, or occur through the Service. Customer agrees to defend, indemnify and hold harmless, to the extent permitted by law, Provider’s Group from any damage, loss, cost or expense that may occur to Customer or any third party as a result of the use of the Service. Customer agrees to defend, indemnify and hold Provider’s Group harmless from any and all liabilities, costs, judgements and expenses, including reasonable attorney’s fees, related to or arising from: (a) any violation of this Agreement by Customer, or by a third party or parties accessing the Service through Customer; (b) use of the Service or the Internet or the placement or transmission of any message, information, software or other materials on the Internet by Customer, or by a third party or parties accessing the Service through Customer: (c) negligent acts or omissions of Customer’s officers, employees, agents or contractors in connection with the construction, installation, maintenance, presence, use or removal of systems, channels or terminal equipment or software, (whether or not furnished by Provider), which are connected or are to be
connected to the Service; and (d) claims for infringement of patents arising from Customer’s use or use by a third party or parties accessing the Service through Customer, of equipment and software, apparatus and systems, (whether or not furnished by Provider), in connection with the Service.
4. No Liability for Content:
Customer acknowledges that Provider exercises no control over the
form, content or nature of data,
images, information, material or any thing of whatever nature
passing through the connection,
(hereafter collectively referred to as “Data”) between Customer
and Provider or obtained from any Data
base maintained by Provider or others, except as may occur
pursuant to the provisions of this Section or
Section 5 of this Agreement. Customer assumes the entire risk that
may arise from the use or
transmission from, through or to itself of any Data, WHICH MAY
INCLUDE SEXUALLY EXPLICIT MATERIAL
OR MATERIAL OFFENSIVE TO SOME PERSONS. Provider shall
have no duty or obligation to advise
Customer of any risk that may arise from the availability, use,
possession or transmission of Data or
provide any information relating thereto, even if at any time
Provider should attempt to do so. Should
Provider, become aware of Data which, it, in its sole discretion,
deems to be in violation of this
Agreement, unacceptable or undesirable, it may remove or refuse
to post the Data. Provider’s liabilityfor any allegedly defective
service provided under this Agreement shall not exceed the
monthly Service Fee or portion thereof paid by Customer to Provider. The Service provided to Customer shall be considered to have been accepted unless Customer shall provide written notice detailing the portion or portions of the Service alleged to be defective or inadequate to Provider no later than two (2) months after the day the allegedly defective or inadequate services were furnished by Provider.
5. Lawful Use:
All use of Provider’s services must be for lawful purposes and in accordance with the Appropriate Use Policy of any network accessed through Provider. Customer shall neither use, nor permit use of Provider’s services in violation of any applicable federal, state or local statute, law, ordinance, regulation or rule, all of which are hereafter collectively referred to as “Governmental Rule”. Customer agrees that Provider has the right to do electronic monitoring and disclose information where required to do so by any Governmental Rule, or to facilitate operation of the system or to safeguard itself or other customers. Should use of the Service by Customer or by a third party or parties accessing the Service through Customer, cause Provider’s Internet Source to advise Provider that it will terminate or restrict Provider’s connectivity to the Internet, unless some specified action is taken, Provider may, by giving the lesser of fifteen (15) days advance notice to Customer or the time period specified by Provider’s Internet source, may temporarily suspend the Service, or some part thereof, limit or prevent use of the Service by a particular person, group or entity, and/or terminate this Agreement. No reduction in the Service Fee will be made if the Service or a part thereof is suspended or if a particular person, group or entity is not permitted to use the Service as provided in the previous sentence. If Provider elects to terminate the Service as permitted in this paragraph, Customer shall be entitled to a refund of 50% of the unused portion of any Services fees paid in advance and installments not yet due shall be canceled.
Notices or other communications required or permitted to be given pursuant to this Agreement shall be in writing and shall be considered as properly given if delivered personally, sent by messenger and receipted, sent by facsimile transmission or mailed by certified mail, return receipt requested, postage prepaid, and addressed to customers mailing address as listed in SuperNet Infocomms billing.