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Internet
Dial-Up Agreement &
Signup Form |
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1.
Services. In consideration for the payments to be made by Customer
pursuant to the terms of this Agreement, Atprs.Net will provide to Customer
a High speed connection (T-l
access) to
the internet for commercial and research uses via Atprs.Net's network
and computer facilities which will be operated seven days per week,
twenty-four hours per day (the Services). The Services provided by Atprs.Net
are subject to all of the terms and conditions of this Agreement.
Customer data may only be
stored in Customer's home directory. Customer storage on other Atprs.Net
disk space is prohibited. Five (5) megabytes of disk space are allocated to
Customer. If Customer's average storage exceeds that amount for any given
month, Customer will pay a monthly fee of one dollar ($1.00) per megabyte
with and in addition to its other monthly payment. An Individual dial-up
account entitles only the Customer to login and only by one dial-up modem or
TCP/IP connection at a time. Multiple individuals may not access a single
Customer account other than pursuant to special written agreement between
Customer and Atprs.Net. Customer must be present while accessing the
Atprs.Net network for non-dedicated accounts. Unattended access requires a
dedicated account.
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2. Payment.
In consideration
for the Services to be provided by Atprs.Net, Customer will pay Atprs.Net a
monthly fee in accordance with the fee schedule currently in effect. Payment
shall be due immediately upon Customer's receipt of Atprs.Net's monthly
billing. It is understood that Atprs.Net will bill monthly using the email
address indicated above. If the Customer prefers to be billed by paper
invoice, an additional $2.50 monthly charge will apply to cover the extra
costs involved. A $5.00 late fee is assessed to all payments made after
the15th of the month. Customer also agrees to any collection and attorney's
fees to collect past due accounts. There are no refunds for any portion of a
monthly, quarterly, semi-annual or annual payment upon cancellation.
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3. Term.
Customer's Service will
be determined on a month-to-month basis. Notice must be given by Customer to
Atprs.Net ten (10) days prior to next billing cycle, in writing, if Service
is no longer desired. The term of this Agreement shall last until the
Customer or Atprs.Net terminates the account(s). (the Term). Customer shall
pay any accrued charges incurred prior to the date of termination of the
Agreement. Atprs.Net may cancel this Agreement and the Services without
notice upon (i) Customer's failure to pay any amounts invoiced hereunder
within forty-five (45) days after the date of the Invoice, or (ii)
Atprs.Net's determination, in its reasonable discretion, that Customer has
used the Services fraudulently, unlawfully or abusively, and has failed or
refused to cease such fraudulent, unlawful or abusive use within five (5)
days after notice thereof, or, at any time after such notice is given,
recommences such fraudulent, unlawful or abusive use, or (iii) Customer's
failure or refusal to cure any breach of this Agreement (other than as
mentioned above) within fifteen days after notice of such breach has been
given by Atprs.Net to Customer. Upon such cancellation, Atprs.Net shall
remove all of Customer's electronically stored data from Atprs.Net's
facilities without liability of any kind to Customer.
Atprs.Net may suspend or
interrupt Services under this Agreement upon (i) Customer's failure to pay
any amounts invoiced hereunder within fifteen (15) days after the date the
invoice; or (ii) Atprs.Net's determination, in its reasonable discretion,
that Customer has used the Services fraudulently, unlawfully or abusively.
Upon such suspension, Atprs.Net shall not remove any of Customer's
electronically stored data from Internet's facilities. No suspension of
Service hereunder shall excuse Customer from its monthly payment obligation
pursuant to Paragraph 2 of this Agreement.
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4. Restrictions.
The Services and
Customer's use of the Services are subject to the following restrictions:
Inappropriate Content Prohibited. Customer's use of the Services shall not
constitute libel or defamation of character, nor infringe on any copyright,
trademark or patent, nor shall it violate (i) any trade secret or other
intellectual property right of any third party, or (ii) any federal, state,
or local law, regulation or ordinance, applicable in an area where the
Content can be viewed or retrieved
In the event that Customer
violates any of these restrictions, Customer shall indemnify and hold
harmless Atprs.Net and its directors, officers, shareholders, agents and
contractors from and against any and all allegations, claims, expenses
(including reasonable attorney's fees), liability or suits made, threatened
or brought in relation to or arising from such violation.
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5.
Disclaimer of Warranties.
Atprs.Net exercises no control
whatsoever over the content,
Accuracy or quality of the information passing through its network or any
products ordered by Customer via its network. The Services and any
information or products obtained by Customer through the Services are
provided "AS IS" without any warranties whatsoever, express or implied. The
warranties of merchantability and fitness of the Services, such information
and products for a particular purpose are hereby specifically disclaimed.
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6. No Archival Services.
Atprs.Net
provides temporary storage of Customer's data. However, Atprs.Net shall have
no responsibility for failure to backup, or loss of, any of Customer's data.
Customer is responsible for providing any archival history services with
respect to its data, whether created by Customer or a third party.
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7. Limitation
of Liability.
In no event shall either party be liable to the other for any
indirect, incidental or consequential damages arising out of or in relation
to this Agreement or the Services, including, but not limited to, damages
incurred by Customer resulting from data loss due to delays, nondeliveries,
misdeliveries or interruptions in Service, regardless of the cause.
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8.
Force Majeure.
Neither party shall be considered in default of its
obligations hereunder (except the payment of money, which shall not be
excused) if performance of such obligations is prevented or delayed by acts
of God or government, war, riots, acts of civil disorder, labor disputes,
failure or delay of transportation, or such other causes as are beyond such
party's control.
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9.
Notices.
All notices given by any party or required under this
Agreement shall be in writing and addressed to the relevant party at the
following locations:
Atprs.net
Customer:
615 East Jackson Boulevard Current address on
file with Atprs.net
Jackson Mo. 63755
Any such notice shall be
deemed given when deposited in the United States Mail, first class postage
prepaid and addressed as hereinabove provided. Any such address may be
changed by notice to the other party to this Agreement as provided in this
Paragraph 9.
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10. Assignment.
Customer shall
not assign or otherwise transfer its rights or obligations under this
Agreement without the prior written consent of Atprs.Net. Any permitted
assignment or transfer hereunder shall not relieve Customer of its
obligations under this Agreement.
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11. Entire Agreement.
This Agreement represents the complete Agreement and understanding of the
parties with respect to the subject matter herein, and supersedes any
other understanding, written or oral. This Agreement may be amended from
time to time by written work orders or purchase orders, which may change the
scope and description of Services and, correspondingly, the amount of the
payment. All such amendments shall be subject to the terms and conditions of
this Agreement as amended thereby. If any provision of this Agreement is
held by a court of competent jurisdiction to be contrary to law, the
remaining provisions of this Agreement will continue in full force and
effect.
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12. Governing Law.
This
Agreement shall be construed in accordance with and governed by the laws of
the State of Missouri.
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