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Terms of Service Agreement
This Agreement ("Agreement") sets forth the terms and conditions under which MSWORLDNET ("Provider")
will use commercially reasonable efforts to provide service by which you ("End User") will gain
Internet access at your home.
- THE SERVICE
| 1.1 |
Provider will use commercially reasonable efforts to provide you with Service by which
you will gain Internet access ("the Service") from a single computer connection in your home.
Provider will provide: Documentation on how to setup up your new MSWorldNet account. |
| 1.2 |
No representation, warranty, term or condition other than as specifically set forth in
this Agreement shall be binding on Provider or any of its contractors relating to the subject
matter of this Agreement. |
| 1.3 |
You acknowledge and agree that Provider obtains access to the Internet as a contractor
or subcontractor of MSWorldNet Inc. You acknowledge that: (1) all rights
and protections afforded to Provider in this Agreement shall extend as well to MSWorldNet Inc.
such that MSWorldNet Inc. may assert any and all rights of Provider
against you just as if MSWorldNet Inc. hereunder and (2) your rights under this Agreement are
subject to the terms of any agreements through which Provider acts as a contractor or
subcontractor of MSWorldNet Inc. |
- GENERAL SUBSCRIBER OBLIGATIONS
| 2.1 |
You are signing this Agreement on behalf of yourself and any person who accesses the Service
through your home computer, under your screen name or password, or through the telecommunications
connection in your home. You assume responsibility to ensure that all such other users
understand this Agreement and comply with its terms. |
| 2.2 |
You represent and warrant that you are at least 18 years of age. You may at your discretion
permit persons under 18 years of age to use the Service, and you acknowledge that you are
responsible to provide adult supervision. You acknowledge further that the Service provides
full access to the Internet without restriction. The Service is not intended to be used to
enable persons under 18 years of age to obtain material that is prohibited by law to be sent
or displayed, including material deemed to be indecent or obscene. |
| 2.3 |
The Service is provided to you at your residence. You may not transfer your subscription or
your rights and obligations under this Agreement to any other person or to yourself at a
new residence. |
- PAYMENT TERMS
| 3.1 |
You agree to pay a monthly, semi-annual, or annual recurring charge for the Service,
depending on the plan you signed up for. You agree to pay all applicable federal,
state and local fees or taxes. |
| 3.2 |
Provider reserves the right to change the amount of fees and charges from time to
time at its discretion and upon reasonable notice to you. |
| 3.3 |
Monthly charges are payable in advance. Failure to pay all bills within 30 days of
billing will cause disconnection and/or imposition of a LATE PAYMENT CHARGE at a rate
of one and one-half percent (2.54%) per month for any outstanding fees or portions
thereof not paid as provided herein. Provider may charge a reasonable service fee
for all returned checks and bank card or charge card chargebacks. |
| 3.4 |
If you discontinue the Service or are disconnected, you agree to pay a reconnect
charge before reconnection. |
| 3.5 |
You will be responsible for all expenses (including reasonable attorney's fees)
incurred by Provider in collecting any unpaid amounts due in accordance with
this Agreement. |
- COMPUTER EQUIPMENT REQUIREMENT
In order to make use of the Service, you must have, as a minimum, one of the types of
computer equipment and software suites listed below installed on your home computer
(the "Home Computer"):
| PC EQUIPMENT REQUIRED |
Pentium or higher, with at least 16MB RAM, 30 MB hard disk space available,
14.4 baud modem, and either Windows 95, Windows 98, Windows ME, Windows NT 4.0,
Windows 2000 or Windows XP. |
| MACINTOSH EQUIPMENT REQUIRED |
10MB RAM, 30MB hard disk space available, 14.4 baud modem and operating
system 7.5x to 8.x. |
- USER BACK UP RECOMMENDATION
In order to install certain materials which may be provided to you in connection with
the Service or may be required to make use of the Service, it may be necessary to
open the Home Computer. When software is installed on the Home Computer, the system
files may be modified. Provider does not warrant that the opening of the Home Computer
or the installation of software will not disrupt the normal operations of the Home
Computer or cause the loss of files.
FOR THESE AND OTHER REASONS,
PROVIDER RECOMMENDS THAT YOU BACK UP ALL FILES PRIOR TO INSTALLATION.
- INSTALLATION AND ACCESS
[If necessary.] Provider may schedule one or more installation visits with you.
You must be present at your home during installation. Following installation,
you will provide Provider with reasonable access to the premises to inspect,
repair and maintain Provider's equipment. Upon termination of your purchase
of the Service, you will return the equipment or provide Provider with access
to your premises to remove it.
- OWNERSHIP AND USE OF EQUIPMENT AND SOFTWARE
| 7.1 |
Any equipment supplied and installed by Provider under this Agreement shall
at all times remain the property of Provider or its third party contractors
and must be returned to Provider in good condition at the termination of service.
You will use reasonable care to avoid damaging the equipment and will not move,
relocate, alter, sell, lease, assign, encumber or otherwise tamper with the
equipment. If the equipment is not returned to Provider in good condition
immediately upon termination, you will be charged and you agree to pay an
amount as reasonably determined by Provider for its replacement. |
| 7.2 |
Provider grants you a limited, non-exclusive license to use any software
provided and installed by Provider for use in connection with the Service only.
You may make one copy for archival purposes only. The license terminates upon
termination of this Agreement, disconnection or discontinuance of the Service.
Upon termination, discontinuance or disconnection, you will promptly destroy
all such software and any copy you have made. |
- SERVICE AND PERFORMANCE
Provider will make reasonable efforts to assure that the Service is available to you
24 hours per day, seven days per week. It is possible, however, that there will be
interruptions of service. If an outage condition is known sufficiently in advance,
Provider may attempt to provide you with electronic mail notification.
- CUSTOMER USE
| 9.1 |
The Service is a telecommunications service for personal use. You agree not to
resell or redistribute access to the Service in any manner. Provider reserves the
right to disconnect or reclassify the Service to a commercial grade for failure to
comply with any portion of this provision.
| 9.1.1 |
Only one login allowed per user account. Multiple logins are
grounds for termination without refund. |
| 9.1.2 |
Only one physical address is allowed for dial-up access. Dial-ins
must originate from the same physical address with each call.
Unless notice is given and permission is allowed for multiple
addresses on a per case basis. |
| 9.1.3 |
Any time there is a period of 15 minutes or more of inactivity on a dial-up connection or more than 8 hours of continuous use with the purpouse of bypassing the inactive connection,
MS Worldnet reserves the right to terminate that connection at that time or . |
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| 9.2 |
You agree to abide by the policies of the Service as they are electronically posted and
modified from time to time. A copy of the current policies are set forth in Exhibit B.
You agree not to use the Service or any equipment or software provided by Provider:
- for any illegal purpose,
- to achieve unauthorized access to any computer systems,
- to achieve unauthorized access or distribution with regard to any software, data, or material protected by copyright, patent, trademark, or trade secret law,
- to copy, distribute or sublicense any software provided by Provider, except that you may make one copy of each software program for back-up or archival purposes only,
- for excessive data transfer which interferes with the experience of other users,
- to interfere with access to the Internet by other parties or disrupt the network used by Provider,
- to harass, threaten, embarrass or cause distress, unwanted attention or discomfort upon another user,
- to post or transmit any unsolicited advertising, promotional materials or other forms of solicitation to other customers, except in those areas that are designated for such a purpose, or
- to post or transmit any sexually explicit, hateful, vulgar, threatening, abusive, harassing, defamatory, or racially, ethnically or otherwise objectionable material.
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In the event of your violation of any of the above, Provider reserves the right, in its
sole discretion, to take any one or more of the following actions:
- remove those materials that violate these policies,
- hold you liable for any damages resulting from the violation of these policies,
- terminate this Agreement and your continued purchase of the Service.
- SUPPORT AND MAINTENANCE
| 10.1 |
If your use or modification of the software, hardware or equipment supplied by
Provider requires a visit to your home for repair or correction, Provider
reserves the right to charge you for the visit and labor required to correct
the situation. Provider does not undertake to correct or repair software,
hardware or equipment which it does not supply. |
- CHARGES FOR ON-LINE SERVICES/ INTERNET TRANSACTIONS
| 11.1 |
Through use of the Service, you may access certain information, products, and
services from persons other than Provider for which there is a charge, including
certain on-line services such as America Online and CompuServe. YOU AGREE THAT ALL
SUCH FEES OR CHARGES FOR ON-LINE SERVICES, PRODUCTS, OR INFORMATION ARE YOUR SOLE
RESPONSIBILITY AND NOT THE RESPONSIBILITY OF PROVIDER. |
| 11.2 |
YOU ARE ALSO ADVISED THAT YOU ARE SOLELY RESPONSIBLE FOR PROTECTING THE
SECURITY OF YOUR CREDIT CARD OR OTHER FINANCIAL INFORMATION FROM UNWANTED OR
UNAUTHORIZED CHARGES FOR INTERNET-BASED TRANSACTIONS. |
| 11.3 |
PROVIDER DOES NOT ENDORSE OR WARRANT ANY THIRD PARTY PRODUCTS, SERVICES OR
CONTENT THAT ARE DISTRIBUTED OR ADVERTISED OVER THE SERVICE. |
- LIMITATION OF LIABILITY; NO WARRANTIES
PLEASE READ THIS SECTION CAREFULLY. IT CONTAINS DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF
LIABILITY, MADE ON BEHALF OF PROVIDER, MSWORLDNET INC., AND ALL THEIR AFFILIATES.
| 12.1 |
Damage To Your Home Computer. Except in cases of Provider's negligence, Provider
assumes no responsibility for any damage to or loss or destruction of the Home
Computer. |
| 12.2 |
Damage, Loss Or Destruction Of Software Files And/Or Data. Provider assumes no
responsibility whatsoever for any damage to or loss or destruction of any of your
software, files, data, or peripherals which may result from your use of the Service,
or from the installation, maintenance, or removal of the Service, equipment or
software. Provider does not warrant that any data or files sent by or to you will be
transmitted in uncorrupted form or within a reasonable period of time. |
| 12.3 |
NO WARRANTIES/LIMITATION OF LIABILITY. PROVIDER MAKES NO WARRANTY, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTIBILITY OR FITNESS
FOR A PARTICULAR PURPOSE. ALL EQUIPMENT, SOFTWARE, AND SERVICES ARE SUPPLIED AS IS.
IN NO EVENT SHALL PROVIDER BE LIABLE FOR ANY INDIRECT OR CONSEQUENTIAL LOSSES OR
DAMAGES ARISING IN ANY MANNER OUT OF THE INSTALLATION, MAINTENANCE, FAILURE, REMOVAL
OR USE OF THE EQUIPMENT, SOFTWARE OR SERVICE. |
| 12.4 |
No Liability For Unauthorized Access. Provider treats private communications on or
through its network as strictly confidential and does not access, use, or disclose
the contents of private communications. However, the applicable telecommunications
network is a shared network used by subscribers to telecommunications services. Since
the network is shared and beyond the network the Internet does not provide security,
others may access or monitor your traffic. Provider does not warrant that any data or
files sent or received by or over the network, or communications directed to or
received from outside of the network, will not be subject to unauthorized access by
others or that other users will not gain access to your Home Computer. Provider has
no responsibility and assumes no liability for such acts or occurrences. If you
choose to run applications from your Home Computer which permit others to gain
access to it, you must take appropriate security measures. Provider is not responsible
for and assumes no liability for any damages resulting from the use of such applications.
Provider is not responsible and assumes no liability for damages resulting from others
accessing the Home Computer. |
| 12.5 |
No Liability For Viruses. Provider makes no representation or warranty that any
software installed on the Home Computer or which you may download from the Internet,
on-line service provider, or other information provider does not contain any virus or
other damaging or destructive attribute. Provider has no responsibility and assumes
no liability for such acts or occurrences. |
| 12.6 |
No Liability For Content. While Provider supplies access to the Internet, it is
not the publisher of any information provided by others through the Internet. Provider
does not review, censor, or monitor and is not in any manner responsible for any
programs or content sent or accessed over the Internet or made available by any
individual, user, information provider, on-line service, or content provider. Such
content or programs may include, but are not limited to, programs or content of an
infringing, inaccurate, abusive, profane, or sexually offensive nature. All content
from other parties accessed via the Service is accessed by you and those you have
authorized, all at your own risk, and Provider assumes no liability whatsoever for
any claims, losses, actions, damages, suits or proceedings arising out of or
otherwise relating to such content accessed using the Service. |
| 12.7 |
No Liability for Parental Empowerment Tools. While you may license certain
blocking and filtering software developed by others that empower parents and
teachers to restrict their children's and students' access to objectionable or
inappropriate material and to protect them from disclosing personal or other
information, Provider is not the publisher of this software. Provider is not
in any manner responsible for the effectiveness of these blocking and filtering
technologies. |
- INFRINGEMENT
While Provider believes strongly in copyright law and other laws that protect
the rights of persons transmitting communications within and outside of its
network, Provider in most instances merely provides carriage of material contained
in electronic communications, browser software, and access to networks and
facilities not under its control. Provider assumes no liability whatsoever
for any losses, claims, damages, expenses, liabilities or costs (including
legal fees) arising out of or in connection with any allegation, claim, suit
or other proceeding based upon a contention that the use of the equipment,
software, or Service by you or a third party infringes the copyright, patent,
trademark, trade secret or other industrial or intellectual property rights or
contractual rights of any third party.
- TERMINATION
| 14.1 |
You may terminate this Agreement at any time. Any equipment and other
material of Provider must be returned within 15 days to avoid additional
charges. |
| 14.2 |
Provider does not visit your home upon termination to restore or
reconfigure the Home Computer. |
| 14.3 |
Termination of service within the first 10 days receives 100% refund for new customers. Current customers will
be back billed to the greatest whole month at the currently monthly rate. |
- ASSIGNMENT
Neither this Agreement nor any of your rights or obligations hereunder shall be
assigned by you, in whole or in part, or by operation of law or otherwise,
without the prior written consent of Provider. Any attempt to sublicense,
assign or transfer this Agreement or any rights of you herein, by any means or
in any form, without the prior written consent of Provider shall be null and void.
Provider may assign this Agreement to any party controlling, controlled by, or under
common control with Provider.
- AMENDMENT
No additional terms, consent, waiver, alteration or modification of any provision of
this Agreement shall be binding unless in writing and signed by an authorized
representative of both parties.
- WAIVER AND SEVERABILITY
Failure by either party to enforce at any time any of the provisions of this Agreement
shall not constitute a waiver of such provision nor in any way affect the validity
of this Agreement or any part thereof or the right of the other party thereafter to
enforce the provisions hereof. The provisions of this Agreement are severable, and
any provision of this Agreement that is determined to be void or unenforceable by a
court of competent jurisdiction shall not affect the enforceability of the remaining
provisions herein, and the remaining provisions shall be enforced as if this Agreement
was originally written without the invalid provision. All exhibits or schedules
attached hereto are incorporated herein by reference.
- FORCE MAJEURE
Neither party shall be liable for any delay or failure in performance of this Agreement
if caused by an act of God or any factor beyond control of the party, or as a result
of a third party other than Provider or you, including, but not limited to, (i) failure
of the other party to comply with its obligations and responsibilities hereunder or to
provide materials or information specified herein or (ii) failure in operation of the
relevant portion of the Internet due to a technology failure (other than arising out
of the neglect or mishandling by either party hereunder). In any such event, the date
of the party's performance shall be deferred for a period of time equal to the time
lost by reason of such act of God or other factor beyond control, provided that the
delayed party shall cooperate with the other party in minimizing any adverse impact
of such occurrence.
- NOTICES
All notices required by or relating to this Agreement shall be in writing and shall
be sent to the parties to this Agreement at their address set forth below or to such
other address as either party may substitute by written notice to the other.
- GOVERNING LAW
This Agreement shall be governed by, construed and interpreted in accordance with the
laws of the State of Wisconsin without giving effect to its conflict of laws. Any
litigation or legal action to enforce or interpret this Agreement shall be filed and
heard only in the state or federal courts located in Madison, Wisconsin, and
Customer consents and submits to the exclusive jurisdiction and venue over any action,
suit, or other legal proceeding that may arise out of or in connection with this
Agreement in such courts. If any legal action is brought by either party relating
to this Agreement, the prevailing party will be entitled to reimbursement by the other
party of its reasonable attorneys' fees and related expenses.
- ENTIRE AGREEMENT
This Agreement and the exhibits and schedules hereto constitute the entire
understanding of the parties with respect to the subject matter hereof and shall
supersede all proposals and prior agreements and understandings, oral or written,
and any other communications between the parties relating to the subject matter of
this Agreement. In the case of any conflict between this Agreement and any of the
Exhibits hereto, the terms and conditions of this Agreement shall control and govern.
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