AGREEMENT & TERMS AND CONDITIONS
FOR
INTERNET ACCESS SERVICE
This agreement is made and entered into
by and between USAonline, Inc., d.b.a. WhiteHorse
Communications, USAonline, HiLine, Texas
Online, et al (hereafter "Provider")
and____________________________________________,
(hereafter referred to as "Subscriber")
as follows:
Access. Pursuant to the terms of this agreement,
and upon the payment of all fees and charges
required to be paid to Provider, Subscriber
shall have the right to use the services
of Provider to access the Internet. However,
this access is conditioned upon and shall
be governed by the terms and conditions
contained in this agreement.
Charges. Subscriber agrees to timely pay
all charges as set forth in this agreement
to Provider. All charges shall be paid using
a major credit card, i.e. MasterCard, Visa,
or Discover, unless other arrangements have
been made with Provider for the payment
of the charges. In addition, the following
terms and conditions will apply:
Price
Service Type:___________________________________________________
$_______/mo.
Installation (Includes
configuration of router, extension of line
from Subscriber's Telco $__________
to office area up to 50 feet, and setup
of one work station.)
Activation $__________
**Equipment and Install
fees are due at time of signing of contract**
All Charges are Due Upon
Receipt. If Subscriber's monthly payment
is not received within ten (10) days, Subscriber's
service will be subject to disconnection
and interruption without notice to Subscriber.
In the event Subscriber's service is disconnected
or interrupted for failure to timely payment
of the charges owed pursuant to this agreement,
and Provider agrees to restore or reconnect
service, then a re-connection charge in
the amount of $300.00 will be charged. This
charge, plus all past due amounts owed,
must be paid in full and restoration and
reconnection to Provider will not occur
until these sums have been paid in full.
Nothing contained herein shall be deemed
as requiring Provider to restore or reconnect
service.
Failure to timely payment of all charges
within ten (10) days of receipt of invoice
constitutes an event of default under the
terms of this agreement. Upon default, all
amounts due and owing to Provider will be
deemed to have been accelerated and become
immediately due and owing to Provider. Upon
default, Provider will no longer extend
credit to Subscriber.
Provider may change the terms and conditions
of this agreement and the charges for any
service it provides to Subscriber at any
time without notice to or prior approval
by Subscriber. By executing this agreement,
Subscriber agrees to pay all new charges
without prior approval. In the event Subscriber
is dissatisfied with the amount of charges
or any other term and condition contained
in this agreement, or any term and condition
subsequently changed by Provider, then Subscriber's
only remedy is to cancel and terminate this
agreement in accordance with the termination
provisions of this agreement.
Provider may change the services provided
pursuant to this agreement at any time with
thirty- (30) day's prior notification to
Subscriber. The notice to Subscriber may
be made by email or facsimile transmission.
Telephone Charges, Local Loop. Subscriber
shall be solely responsible for all telephone
and telecommunication charges and fees for
connecting directly to Provider. Provider
assumes no responsibility or liability for
any telephone charges, including but not
limited to long distance charges, permitted
surcharges and/or equipment's or line costs
incurred by Subscriber while accessing Provider
or the Internet and such charges are the
sole responsibility of Subscriber. Any disputes
regarding telephone services or bills are
strictly between the Subscriber and Subscriber's
telephone company and/or long distance provider.
The only exception to Subscriber's responsibility
for payment of local loop charges is for
DSL services. DSL services and fees for
service include local loop charges. Provider
does not guarantee any minimum bandwidth
for DSL, ATM T-1 or Wireless service. Provider
and Subscriber agree that the Subscriber
circuit shall be successfully provisioned,
if the maximum throughput of the Subscriber's
circuit is 80% of the ordered SDSL and ATM
T-1 services. ADSL services are "best
effort" services, which speeds are
dependent on the distance of the Subscriber
to Provider and on the condition of the
Subscriber's circuit. Provider Service Level
Agreement "SLA" does not apply
to ADSL service. If Provider is unable to
successfully provide a circuit for the ordered
service, Provider will offer the Subscriber
the maximum available throughput rate and
available service. A $50 minimum activation
fee is required for all circuit deliveries.
Term. This agreement shall remain in full
force and effect for the period of ______
year(s) beginning on or about _________________________________,
200_____, or upon install and activation
by Provider. Billing will commence, contingent
upon the above. This contract is automatically
renewed on the anniversary date on a month-to-month
basis, under the same terms , conditions
and pricing, unless thirty (30) days' prior
written notice is given.
Termination. Provider may terminate this
agreement upon default by Subscriber in
the performance of any of Subscriber's obligations
pursuant to this agreement. The waiver by
Provider of any act of default by Subscriber
shall not constitute a waiver of any subsequent
default. 'Subscriber may terminate this
agreement only after giving Provider thirty
(30) days' written notice. Notice of termination
is acceptable by e-mail or facsimile transmission.
In the event this agreement is terminated,
Provider may terminate services within thirty
(30) days' after receipt of such notice
of termination. Subscriber will not be entitled
to receive a refund for any paid and unused
time. Subscriber shall be liable for the
payment and all fees accrued up to and including
the date of termination. Upon termination
of this Agreement or the services contemplated
hereunder, Subscriber must either return
all Provider software to Provider or otherwise
destroy it.
All dedicated service contracts are for
a minimum of one (1) year. Early termination
will result in an early termination fee
of $300.00 plus the difference of the remaining
balance on the one, two or three year contract
price to the subscriber.
If Subscriber's installation, equipment
or both falls under any special promotion
in which equipment, installation or both
were at "No Charge," then early
termination of said service is subject to
termination charges, as stated above. Equipment
shall be paid for at the normal posted price
or returned to Provider, in good working
condition. Verification of said equipment
to be performed by Provider inspection.
Lawful Use of Service. The service provided
by Provider shall be used by Subscriber
only for lawful purposes. Subscriber warrants
and represents that Subscriber will use
the services provided by Subscriber and
the Internet in compliance with all state
and federal laws and regulations, including
all copyright and trademark laws and regulations.
Provider may terminate service for any violation
of any law or regulation by Subscriber or
any person gaining access to Provider or
the Internet through Subscriber. Subscriber
agrees to comply with the rules and regulations
for any other networks accessed through
Provider. Use of any information obtained
by Subscriber through Provider is at Subscriber's
own risk. Provider specifically denies any
responsibility for the accuracy, quality
or content of information obtained through
its services. Subscriber specifically agrees
not to upload, post, or reproduce in any
way any materials protected by copyright
without the permission of the copyright
owner. Only public domain files, or files
which the author has given express consent
for on-line distribution may be uploaded
to the software libraries or other files
by Subscriber. Any other software may not
be uploaded to the Provider or Internet
software libraries. Provider at its sole
discretion reserves the right to refuse
posting of files and to remove files. Provider
at its sole discretion further reserves
the right to immediately terminate, without
notice, any Subscriber who misuses the software
libraries.
a. ECPA NOTICE; we reserve the right to
monitor all communications through or with
Provider facilities. You agree that Provider
facilities are not to be considered a secure
communications medium for the purpose of
the CPA. And that no expectation of privacy
is afforded.
b. You agree not to obstruct the system's
identification procedures in electronic
communications, which you initiate. Anonymous
services may be used provided that you do
not attempt to impersonate others.
c. The transmission of unsolicited advertising
through mass-electronic mail, Usenet postings
to inappropriate groups, or other direct
transmission is prohibited. However, posts
made to appropriate Usenet groups as well
as general commercial use of Provider is
encouraged.
d. You agree not to abuse the system and
its resources, including any quotas on disk
usage, which may be imposed, and policies
on the use of resources (such as Usenet)
which reach beyond this system. You agree
not to attempt to violate the security of
this system or its authentication and accounting
procedures.
Physical Equipment and/or Software. Subscriber
is responsible for obtaining and maintaining
all equipment necessary to connect to Provider
and the Internet. Provider will not be liable
or responsible for the installation and/or
service on equipment and/or software including
software provided by Provider. Subscribers
are responsible for the use and compatibility
of hardware and software not provided by
Provider. In the event that Subscriber uses
hardware and/or software that impairs the
Subscribers' use of Provider services, Subscriber
shall nonetheless be liable for regular
payments to Provider. Upon notice from Provider
that any of the hardware and/or software
used by Subscriber is causing or in the
sole opinion of Provider is likely to cause
hazardous interference or service obstruction,
Subscriber shall eliminate the hazard interference
or service obstruction immediately. Subscriber
may consult with Provider for purposes of
correcting problems caused by such equipment
and/or software. However, Provider may charge
a fee for such services. Provider will not
be responsible or liable if any changes
in hardware, software, or services causes
Subscriber's equipment to become obsolete,
or in need of modifications to protect and
preserve the total performance of Provider
on an end to end basis or to protect the
Provider backbone and those networks attached
to the Provider. Subscriber is responsible
and liable for any and all repairs to Subscriber's
equipment.
All wireless equipment is the property of
Provider and is included in the monthly
fee. Wireless Subscribers are responsible
for proper care and maintenance of wireless
equipment provided by Provider and will
be maintained and repaired by Provider.
Upon termination or cancellation of the
contract, by either party, an inspection
of all equipment will be conducted, prior
to the return of said equipment to Provider.
Subscriber is responsible for all costs
related to loss and/or damage to said equipment,
(said cost is $2,500.00). Equipment is owned
by Provider and will be maintained and repaired
by Provider.
If equipment and antenna is to be crossed
into Mexico by Customer, Customer is responsible
for all fees associated with this. If Provider
Equipment is lost, stolen or damaged, Customer
is responsible for said equipment ……replacement
cost is $2,500.00.
DSL equipment may be purchased or leased
by Subscriber.
DSL/ISDN service installation includes two
(2) hours or labor and 75 feet of cable
from D-mark to Subscriber's network hub.
Should more cable be necessary, Subscriber
will be charged at a rate of $1.00 per foot.
Any additional labor will be charged at
a rate of $95.00 per hour.
Licensing. In the United States, USAonline,
Inc. operates its wireless network under
part 15 of the Federal Communications Act
which states the following:
"Some telephone equipment generates,
uses, and can radiate radio-frequency energy
and, if not installed and used properly,
may cause interference to radio and television
reception.
This product has been tested and found to
meet the standards for a Class B digital
device, as specified in Part 15 of the FCC
Rules. These specifications are designed
to provide against such interference in
a residential installation. However, there
is no guarantee that interference will not
occur in a particular installation.
If this product causes interference to radio,
VCR or television reception when it's in
use, you might correct the interference
with any one or all of these measures:
- Where it can be done safely, re-orient
the receiving television, VCR or radio antenna.
- To the extent possible, relocate the television,
VCR, radio, or other receiver with respect
to the telephone equipment.
- If this telephone product runs on AC power,
plug your product into an AC outlet that
is not on the same circuit as one used by
your radio, VCR or television."
Modifications to this product, not expressly
approved by the manufacturer, could void
the user's authority to operate the equipment.
In Juarez, Chihuahua, Mexico, WhiteHorse
Communications operates under a license
issued to AT&T, Bell labs to operate
such equipment type and frequencies by Secretaria
de Cominicaciones y Transpertes de Mexico.
The customer may not alter or modify any
part of the transceiver/router supplied
by Provider, as to violate any or part of
these regulations. In the event any or part
of these licenses are revoked, Provider
may terminate services to the customer within
thirty (30) days after notification to the
customer.
Release and Indemnity Agreement. Subscriber
understands and agrees that Provider is
a conduit entity through which Subscriber
may obtain access to the Internet. Subscriber
desires to utilize the services of Provider
as a conduit to enable Subscriber to access
the information, programs and other services
provided by the Internet. Subscriber acknowledges
and agrees that Provider exercises no control
over the content of the materials, which
may be accessed through Provider or the
Internet and that, the materials accessed
may be offensive, and may include adult
materials or information. Subscriber hereby
releases and discharges Provider its agents,
employees, officers, directors, insurers
and assigns from any and all causes of action,
damages, demands, judgments and any other
causes of action which Subscriber may have
arising out of the information or materials
which Subscriber may access or obtain from
using Provider to access or retrieve information,
services or other material from the Internet.
Subscriber hereby indemnifies and holds
Provider, its agents, employees, officers,
directors, insurers and assigns harmless
from any losses, claims, demands, judgments,
attorney fees, costs or other expenses incurred
or suffered by Provider, its agents, employees,
officers, directors, insurers and assigns
and arising out of Subscriber's access to
Provider, or the Internet, including any
of Subscriber's actions for such things
as computer fraud, computer vandalism, invasion
of privacy interests of another, introduction
of virus, and objectionable or questionable
content of mail, newsgroup posting, or any
other use of the Internet.
Authority. By executing this agreement,
Subscriber represents and warrants that
Subscriber has the capacity and authority
to enter into this agreement. Provider is
not required to enable or connect Subscriber's
access to Provider or the Internet, unless
and until Provider is satisfied that Subscriber
has the capacity and authority to enter
into this agreement. Provider shall not
be required to enable or connect access
to the Internet on behalf of a minor unless
and until this agreement is signed by the
minor's parent, custodian or legal guardian.
By executing this agreement, Subscriber
acknowledges that the biographical information
provided below is true and correct. Provider
as stated below may use subscriber's address
for all billing and notification purposes
as set forth in this agreement.
Warranties. Provider makes no warranties
of any kind, express or implied, including
any implied warranty of merchantability
or fitness for a particular purpose in connection
with the services provided by Provider,
pursuant to the terms of this agreement.
Limit of Liabilities. Provider shall not
be liable for any direct, indirect, consequential
or reliance damages, whether foreseeable
or not, or for any damage to property, loss
of profits, costs of replacement services,
or claims by Subscriber or for any service
problems caused by any defect, delay, unavailability
or failure in the service provided by Provider
or by any other cause. Provider shall not
be liable for any service defect caused
by forces outside of its control, including
accidents, cable cuts, fires, floods, emergencies,
government regulations, wars, or acts of
God.
Consultation. Provider at its own option
can supply technical services in the form
of consulting and/or services to Subscriber
at Subscriber's request. Such services will
be billed at the rate(s) set forth in the
Provider pricing sheet or at rates that
are in effect at the time such services
are requested or rendered. Provider has
the right to refuse any such technical services
at its option and discretion. Provider will
have free access to Subscriber's telephone
lines for these purposes.
Opinions not those of Provider. Subscriber
understands and agrees that the opinions
and advice and all other information expressed
by Subscriber's information providers or
other third parties on Provider or the Internet
are those of the particular provider and
are not the opinions or advice of Provider.
Subscriber understands that Provider exercises
no control whatsoever over the content of
the information passing through it.
Resale. Any resale of any service provided
by Provider without Provider's prior written,
express, consent is prohibited. Subscriber
agrees not to resell or obtain any compensation
in any form, directly or indirectly, from
any other person or entity for access, products,
service, or contents through Provider without
the express written consent of Provider.
This Agreement is not shareable. Each person
who uses Provider must be a Subscriber in
their own right. Subscriber will not allow
any unauthorized person or entity to utilize
Provider or the Internet. Subscriber may
not distribute user's id and passwords to
the Provider service or the Internet to
others.
Entire Agreement. This Agreement together
with any handwritten terms on the reverse
hereof constitutes the entire Agreement
between the parties hereto. The terms and
conditions of this Agreement shall be interpreted
and enforced pursuant to the laws of the
State of Texas. If any one provision of
this Agreement is declared null, void, unenforceable
or ambiguous, such a determination will
not effect any of the other terms of this
Agreement and all other agreements which
shall remain in full force and effect. Jurisdiction
and Venue. In any dispute between Subscriber
and Provider, the parties agree that venue
will be in El Paso County, El Paso, Texas
and that the State of Texas will have exclusive
jurisdiction over any cause of action arising
out of any dispute concerning this Agreement
or any of the obligations by either party
pursuant to this Agreement.
I am applying for an Internet - accessible
Account (all classes of service), I agree
to be bound by the Internet Account Terms
and Conditions of Access, and agree to comply
with any and all Acceptable Use Policies,
which may be enforced for the communications
which I initiate. I understand that I am
solely responsible for determining the acceptable
uses of any network, which I cause to be
transferred by my actions while using synchronous
Internet services, and for compliance with
applicable policies.
USAonline, Inc. Company
Name: ____________________________
