Internet Access Agreement
10
of 10
//Version
2006-07-08//
Internet Access Terms of Service=
THESE TERMS AND CONDITIONS STATE IMPORTANT REQUIREMENTS REGARDING YOUR INTERNET ACCESS SERVICE AND YOUR RELATIONSHIP WITH THE PROVIDER, KARL KOWALLIS. YOU SHOULD READ THEM CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND MINE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE SERVICE.
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These Terms of Service (the "Agreement") are
entered into by and between the subscriber ("you", "your" or "Subscriber") and Karl Kowallis or his affiliates ("Karl", "me", "us", "we", or "the Provider"). The Agreement sets forth the terms and conditions under which you agree to use the Service, and under which the Provider agrees to provide the Service to you.
Acceptance of this Agreement. You are deemed to have accepted this Agreement upon the earlier of: (a) your signed copy of this document (b) your accepting the Terms of Service electronically or (c) your use of the Service.
This Agreement is made up of the terms below, plus the Acceptable Use Policy, and Privacy Policy. You may also receive a paper copy of this Agreement from the Provider.
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DEFINITION OF SERVICE.
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For purposes of this Agreement, the term "Service"
shall mean Internet access service and technical support. Any Software is used and distributed according to its own licenses and agreements. Equipment to facilitate access may be provided for your use, but that does not convey or imply ownership of the equipment. -
Changes to Service. We reserve the right to change any of
the features, content or applications offered as part of the Service at any time; however, if we make changes we will make reasonable efforts to notify you before the change goes into effect.
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AUTHORIZED USER, USE, AND RESPONSIBILITIES.
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You acknowledge that you are 18 years of age or older, and
you agree that you have the legal authority to enter into this Agreement and affirm that the information you supply to us is correct and complete. -
You agree that you are responsible for all use of the
service which originates, terminates, or transits your computer. -
You understand this means that you accept full liability
and responsibility for the actions of your computer. -
We reserve the right to audit connections electronically to
enforce these or any other provision of the Agreement according to our Privacy Policy. -
We also reserve the right in our sole discretion, with or
without notice to you, to modify or restrict the bandwidth available to upload or download content.
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PRIVACY POLICY. We will treat your personal
information in accordance with our current Privacy Policy. You agree to the terms of the Privacy Policy, which describes the Provider's use and disclosure of information about you and your use of the Service. -
ACCEPTABLE USE POLICY. You agree to comply with the
terms of the Acceptable Use Policy. -
**REVISIONS. **We may revise the terms and conditions of
this Agreement from time to time (including any of the policies which may be applicable to usage of the Service). If you are actively using the Service we will make a reasonable effort to notify you of the change. Periodic users will be required to agree to the new conditions before their next use. -
**AVAILABILITY OF SERVICE. **
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All Services are provided on an AS IS basis and throughput
speeds and availability of Service are not guaranteed. -
We may, at any time, without notice or liability, restrict
the use of the Service or limit its time of availability in order to perform maintenance activities and to maintain session control.
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SOFTWARE LICENSES AND THIRD PARTY SERVICES.
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In connection with our provision of the Service, we may
provide to you, via download, CD, other media, or other delivery method, certain software which is owned by third party licensors, providers and suppliers, for which free distribution is permitted.
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We may also recommend software software which we cannot
distribute but which you may download on your own according to the terms and conditions of the third-party. -
Software may be accompanied by an end user license
agreement from a third party. Your use of the Software is governed by the terms of that license agreement. You may not install or use any Software that is accompanied by or includes an end user license agreement unless you first agree to the terms and conditions of the end user license agreement. -
We may provide technical assistance and support for third
party software, though we are not obligated to do so.
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TERM AND TERMINATION.
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**Effective Date and Term. **
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This Agreement goes into effect upon your acceptance of
this Agreement and shall continue until terminated by either party as permitted by this Agreement. -
If you reside at the Service location, this Agreement
remains in effect until you move out. -
If you are a visitor, this Agreement remains in effect
while you are on the premises. -
If you live within wireless range of the Service, this
Agreement remains in effect as long as you use the Service. You may be required to agree to these conditions on a recurring basis at intervals of our choosing. If you ever refuse to accept the conditions presented to you, even if you have accepted them in the past, your use of the Service must cease.
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Termination of Service.
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You may terminate this Agreement without cause and without
notice by ceasing to use the Service. Written or verbal notification of termination is optional.
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The Provider may, in its sole discretion, terminate Service
to any user for any reason, or for no reason at all. Reasons which may result in termination include: (a) you are in breach of any of the terms of this Agreement (including but not limited to) all policies regarding abuse and acceptable use of the Service); (b) your use of the Service is prohibited by law or is disruptive to, adversely impacts or causes a malfunction to the Service, the Provider's network, or the use and enjoyment of other users; (c) if the Provider for any reason ceases to offer a Service entirely; or (d) if you are no longer a local user.
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**Terminated Account. **The Provider, in its sole
discretion, may refuse to accept your request for Service following a termination or suspension of your use of the Service.
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Regulatory Compliance. In the event there is a
ruling, regulation, or order issued by a judicial, legislative or regulatory body that causes the Provider to believe that this Agreement may be in conflict with such rules, regulations, and orders, the Provider may terminate or modify your Service and/or this Agreement immediately without notice. -
PRICING AND PAYMENT.
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**Prices and Fees. **No charges or fees are associated
with the Service.
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MANAGEMENT OF YOUR DATA AND COMPUTER.
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System Management and Service Performance. You are
solely responsible for obtaining, installing, configuring, and maintaining suitable equipment and software, including any necessary system or software upgrades, patches or other fixes, which are or may become necessary to access the Service and to operate your computer. You understand that bandwidth is provided on a shared basis, and that the speed and bandwidth available to each computer or device connected to the network will vary depending upon the number, types and configuration of computers or devices using the Service and the type of use, network or Internet congestion, among other factors. -
**Data Management and Responsibility. **You are
responsible for managing your information, including but not limited to back-up and restoration of data (for example, address book and calendaring information), erasing data from disk space you control and changing data or settings for your computer. The Provider is not responsible for the loss of your data or for the back-up or restoration of your data. -
Your Security. You are responsible for development
and maintenance of any security procedures you deem appropriate. WE STRONGLY RECOMMEND THE USE (AND APPROPRIATE UPDATING) OF FIREWALL SOFTWARE. -
Monitor of Network Performance. The Provider
automatically measures and monitors network performance. The performance of your Internet connection and our network is part of this process. You hereby consent to the Provider's monitoring of your Internet connection and network performance.
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**LIMITATIONS ON USE OF THE SERVICE. **
You agree that your use of the Service and the Internet,
without limitation, is your sole responsibility, is solely at your own risk, and is subject to all applicable local, state, national and international laws and regulations. -
You agree that the Internet is not owned, operated or
managed by, or in any way affiliated with the Provider and the Provider is not responsible and has no control over the information or materials accessible via the Internet through use of the Service. You further agree that the Provider does not own or control all of the various facilities and communications lines through which access may be provided, nor does the Provider guarantee access to or through websites, servers or other facilities on the Internet. The Provider cannot and does not guarantee that the Service will provide Internet access that meets your needs. -
You agree and acknowledge that through your use of the
Service, you may have access to information, which may be sexually explicit, obscene or offensive, or otherwise unsuitable or objectionable. The Provider reserves the right to block such content at its sole discretion. -
You agree that the Provider cannot and does not guarantee
or warrant that data available for downloading through the Service will be free of defects, infection or viruses, worms, Trojan horses or other code that manifest contaminating, malicious or destructive properties. You are responsible for implementing adequate procedures to satisfy your particular requirements for accuracy of data input and output and for maintaining a means external to the Service for the reconstruction of any lost data. -
You agree that the Internet is not a secure network and
that third parties may be able to intercept, access, use, or corrupt the information you transmit or receive over the Internet. The Provider is not responsible for invalid destinations, transmission errors, or corruption or compromise of your data.
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WARRANTIES AND LIMITATION OF LIABILITY.
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YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE SUPPLIED HEREUNDER IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITH ALL FAULTS. EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THIS AGREEMENT, THE PROVIDER (AND ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AND AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS, DISCLAIM ANY AND ALL WARRANTIES FOR THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, NON-INTERFERENCE, TITLE, COMPATIBILITY OF COMPUTER SYSTEMS, INTEGRATION, AND THOSE ARISING FROM COURSE OF DEALING, COURSE OF TRADE, OR ARISING UNDER STATUTE. NO ADVICE OR INFORMATION GIVEN BY THE PROVIDER OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. USE OF THE PROVIDER TECHNICAL SUPPORT IS AT YOUR OWN RISK AND IS NOT WARRANTED. -
THE PROVIDER DOES NOT WARRANT THAT THE SERVICE OR EQUIPMENT
PROVIDED BY THE PROVIDER WILL PERFORM AT A PARTICULAR SPEED, BANDWIDTH OR DATA THROUGHPUT RATE, OR WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES, WORMS, OR THE LIKE. THE PROVIDER SHALL NOT BE LIABLE FOR LOSS OF YOUR DATA, OR IF CHANGES IN OPERATION, PROCEDURES, OR SERVICES REQUIRE MODIFICATION OR ALTERATION OF YOUR EQUIPMENT, RENDER THE SAME OBSOLETE OR OTHERWISE AFFECT ITS PERFORMANCE. THE PROVIDER MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED USING THE SERVICE OR THE INTERNET. THE PROVIDER MAKES NO WARRANTY REGARDING THE CONTENT AND INFORMATION ACCESSED BY USING THE SERVICE OR ANY LINKS DISPLAYED. YOU EXPRESSLY ASSUME ALL RISK AND RESPONSIBILITY FOR USE OF THE SERVICE AND THE INTERNET GENERALLY. DO NOT USE THE SERVICE IN ANY HIGH RISK ACTIVITIES WHERE DAMAGE OR INJURY TO PERSON, PROPERTY, ENVIRONMENT, OR BUSINESS MAY RESULT IF AN ERROR OCCURS. -
IN NO EVENT SHALL THE PROVIDER (OR ITS OFFICERS, EMPLOYEES,
PARENT, SUBSIDIARIES, OR AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS, BE LIABLE FOR: (A) ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOSS OF REVENUE OR DAMAGE TO DATA ARISING OUT OF THE USE, PARTIAL USE OR INABILITY TO USE THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, THOSE ARISING UNDER CONTRACT, TORT, NEGLIGENCE OR STRICT LIABILITY, EVEN IF THE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES, OR (B) ANY CLAIMS AGAINST YOU BY ANY OTHER PARTY. -
THE PROVIDER RESERVES THE RIGHT TO PURSUE ANY AND ALL LEGAL
AND EQUITABLE CLAIMS AGAINST YOU PERTAINING TO YOUR USE OR MISUSE OF THE SERVICE OR FOR YOUR BREACH OF THE AGREEMENT (INCLUDING ANY POLICIES RELATING TO THE SERVICE.)
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INDEMNIFICATION. You agree to defend, indemnify and
hold harmless the Provider from and against all liabilities, costs and expenses, including reasonable attorney's fees, related to or arising from: (a) any violation of applicable laws, regulations or this Agreement by you (or any parties who use your account, with or without your permission, to access the Service); (b) the use of the Service or the Internet or the placement or transmission of any message, information, software or other materials on the Internet by you (or any parties who use your account, with or without your permission, to access the Service); (c) negligent acts, errors, or omissions by you (or any parties who use your account, with or without your permission, to access the Service); (d) injuries to or death of any person and for damages to or loss of any property, which may in any way arise out of or result from or in connection with this Agreement, except to the extent that such liabilities arise from the active negligence or willful misconduct of the other party; or (e) claims for infringement of any intellectual property rights arising from the use of the Service, Software, or the Internet. -
GENERAL PROVISIONS.
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All obligations of the parties under this Agreement, which,
by their nature, would continue beyond the termination, cancellation or expiration of this Agreement, including by way of illustration and not limitation, those clauses relating to Software Licenses, Warranties and Limitation of Liability, and Indemnification, shall survive such termination, cancellation or expiration. -
The Provider will not be liable for delays, damages or
failures in performance due to causes beyond its reasonable control, including, but not limited to, acts of a governmental body, acts of God, acts of third parties, fires, floods, strikes or other labor-related disputes, of other things we do not control, or an inability to obtain necessary equipment or services. -
You agree not to assign or otherwise transfer, this
Agreement in whole or in part, including the Software or your rights or obligations under it. Any attempt to do so shall be void. -
You and the Provider agree that the substantive laws of the
Commonwealth of Virginia, without reference to its principles of conflicts of laws, will be applied to govern, construe and enforce all of the rights and duties of the parties arising from or relating in any way to the subject matter of this Agreement. YOU AND THE PROVIDER CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION OF AND VENUE IN A COURT LOCATED IN FAIRFAX COUNTY, VIRGINIA FOR ANY SUITS OR CAUSES OF ACTION CONNECTED IN ANY WAY, DIRECTLY OR INDIRECTLY, TO THE SUBJECT MATTER OF THIS AGREEMENT OR TO THE SERVICE. Except as otherwise required by law, including Virginia laws relating to consumer transactions, any cause of action or claim you 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.
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In the event of a conflict between this Agreement and any
applicable tariff, the tariff shall prevail. We reserve the right to modify the Service to reflect any change in any applicable tariff or underlying network service or component affecting the Service. -
**The Provider's failure at any time to insist upon strict
compliance with any of the provisions of this Agreement in any instance shall not be construed to be a waiver of such terms in the future. **If any provision of this Agreement is determined to be invalid, illegal or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and the unenforceable portion shall be construed as nearly as possible to reflect the original intentions of the parties. -
This Agreement, including all Attachments and all other
policies which are fully incorporated into this Agreement either by attachment or by reference, constitutes the entire agreement between you and the Provider with respect to the subject matter hereto and supersedes any and all prior or contemporaneous agreements whether written or oral. Any changes by you to this Agreement, or any additional or different terms, acknowledgments or other documents, written or electronic, are void.
= ACCEPTABLE USE POLICY=
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This is the Provider's policy on the acceptable use of the
Service. It is designed to help protect the Service, the Provider's other users and the Internet community, from irresponsible or illegal activities. -
The Provider reserves the right to deny Service to you, or
immediately to terminate your Service for material breach, if your use of the Service, whether explicitly or implicitly, and in the sole discretion of the Provider: (a) is obscene, indecent, pornographic, sadistic, cruel or racist in nature, or of a sexually explicit or graphic nature; (b) espouses, promotes or incites bigotry, hatred or racism; (c) might be legally actionable for any reason, (d) is objectionable for any reason, or (e) in any manner violates the terms of this Acceptable Use Policy. -
You may NOT use the Service as follows: (a) for any unlawful,
improper or illegal purpose or activity; (b) to post or transmit information or communications that, whether explicitly stated, implied, or suggested through use of symbols, are obscene, indecent, pornographic, sadistic, cruel, or racist in content, or of a sexually explicit or graphic nature; or which espouses, promotes or incites bigotry, hatred or racism; or which might be legally actionable for any reason; (c) to spoof or attempt to spoof the URL or DNS or IP addresses of the Provider or any other entity, or to attempt to penetrate or penetrate security measures of the Provider or other entities' systems ("hacking") whether or not the intrusion results in corruption or loss of data; (d) to transmit confidential or proprietary information, except solely at your own risk; (e) to violate the Provider's or any third party's copyright, trademark, proprietary or other intellectual property rights, including trade secret rights; (f) to generate excessive amounts (as determined by the Provider in its sole discretion) of Internet traffic, or to disrupt net user groups or email use by others; (g) to engage in activities designed to or having the effect of degrading or denying Service to the Provider's users or others (including activities that compromise a server, router, circuit, software or other Internet component. -
Copyright Infringement/Repeat Infringer Policy. The Provider
respects the intellectual property rights of third parties, including those granted under the US copyright laws, and the interests of its subscribers and content providers on the Internet. You may not illegally disseminate such material over the Provider's systems in any manner that constitutes an infringement of third party intellectual property rights, including rights granted under the US copyright laws. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, it is the policy of the Provider to terminate, in appropriate circumstances, the Service provided to any subscriber who is deemed to infringe third party intellectual property rights, including repeat infringers. -
You shall comply with all applicable local, state, national
and international laws and regulations, including those related to data privacy, international communications, and exportation of technical or personal data. You represent that you are not a specifically designated individual or entity under any US embargo or otherwise the subject, either directly or indirectly (by affiliation, or any other connection with another party) to any order issued by any agency of the US Government limiting, barring, revoking or denying, in whole or in part your US export privileges. You agree to notify the Provider if you become subject to any such order. -
The Provider may, but is not required to, monitor your
compliance, or the compliance of other subscribers, with the terms, conditions or policies of this Agreement.
= Privacy Policy=
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The Provider does not store any user information in
electronic format.
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Signed paper copies of the Service Agreement and other
policies are stored at the Service location. -
Computers using the Service may have their MAC addresses
recorded as a unique identifier and this identifier may be used to selectively control access to the Service. -
The Provider may disclose the names of users with signed
Agreements to third parties. -
The Provider reserves the right to record any or all network
traffic for the purpose of investigating abuse or improving the Service. Such content will not be disclosed to any third parties except legal authorities. Collected data will not be associated with your identity or use of the Service except to the extent such an association is possible from the logged traffic itself. Encryption is recommended for privacy.
