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PARTIES: This agreement is between you, the customer (whether in single or plural form, in individual or business form, in proprietorship, partnership or corporate form), and EZ-Access Internet Connections.
SERVICE: The service contracted for by you, to be supplied by EZ-Access Internet Connections, is hereinafter to be known as the “service”.
ACCEPTANCE: EZ-Access Internet Connections will post this user agreement on our website and will send you a copy via email when we accept your application. You indicate your acceptance of this agreement (the terms) by sending us your payment information and/or beginning to use the service offered, whichever comes first.
TRADEMARKS, SERVICEMARKS, COPYRIGHTS: EZ-Access Internet Connections and the EZ-Access logos are trademarks owned by EZ-Access Internet Connections. You may not use these trademarks in any of your literature, websites, and/or disseminated information except by permission of EZ-Access Internet Connections. All information in this document is copyrighted and protected by national and international law.
TRADE NAMES: EZ-Access Internet Connections may do business under various trade names. Wherever in this document the term EZ-Access Internet Connections shall appear it shall be understood to mean any of these trade names, as applicable.
TERMS:
- OFFERED SERVICE: the service offered by EZ-Access Internet Connections, and contracted for or accepted by you.
- DATA: any text, graphic, pictorial, or binary representation, or combination thereof, of any information transmitted or caused to be transmitted, through or on, or held in or on any server or other facility owned by or under the control of EZ-Access Internet Connections.
- SPAM: any unsolicited email delivered to, or caused to be delivered to multiple recipients who did not request it, or any off-topic newsgroup post, sent to multiple recipients or groups.
ACCEPTABLE USE: You shall not use the offered service for any unethical or illegal activity, or to transmit any text, data, graphics or other material in violation of any civil or criminal law, including copyright and/or trademark law, trade secrets and privacy acts. You shall not use the service to transmit or receive or as a repository for any material deemed illegal by any local, state, federal or international law. You shall not use the service to distribute or cause or allow to be distributed any unsolicited or bulk email or what is commonly known as spam, or to allow any address or URL under your control but pointing to any server or other facility owned by EZ-Access Internet Connections to be used either to disseminate or receive any data relating to or in reply to unsolicited or bulk email or spam. You affirm that none of the data which you cause or allow to pass through or exist in any EZ-Access Internet Connections server or any facility owned, operated or controlled by EZ-Access Internet Connections interferes with any intellectual or other property rights of any third party, or is being used for any illegal purpose. You may not use any email addresses or mailboxes supplied by EZ-Access Internet Connections in message headers of any messages, whether sent by this service or by any other method, when such usage would imply to anyone that EZ-Access Internet Connections or EZ-Access Internet Connections’ servers or services were or are being used for such improper use as prohibited in this paragraph, nor may you refer to any EZ-Access Internet Connections-hosted facility as a destination for any receiver of any unsolicited commercial email or spam. Violation of this paragraph is grounds for immediate service termination and additionally for assessment of other extra charges, as defined below in the section titled INDEMNIFICATION. You shall not use any website, either personal or commercial, whether or not paid for, and whether or not any officer or employee of EZ-Access Internet Connections has been so advised, to host any information which may be considered to be threatening, libelous, obscene, harassing, or pornographic in nature, whether or not such material is protected by password, encryption or other protection system, or any other material in violation of any state or federal law. You agree that any such material brought to the attention of EZ-Access Internet Connections staff may result in such material being blocked from dissemination through EZ-Access Internet Connections’ servers and/or other facilities, and you may be asked to remove it. You agree that if you fail to, or refuse to, remove such material, upon thirty-days written notice it may be removed by us from our servers without any liability. You agree that any time limits notwithstanding, we may immediately remove from any server, file or account on any system owned by or under the control of EZ-Access Internet Connections, any data or other material found to be in violation of criminal law, or in response to a request by any competent legal authority having jurisdiction over such data or material.
PRIVACY: EZ-Access Internet Connections will not monitor the contents of any email, website, or other file while it exists in or is passing through EZ-Access Internet Connections’ servers or other facilities, except as required for customer service and/or performance issues, in the general course of system maintenance, when required to protect the personal safety of its customers or the public, when requested by you, and/or when required by law. EZ-Access Internet Connections will not disclose any information contained in any data existing in, or passing through, EZ-Access Internet Connections’ servers or other facilities owned or under the control of EZ-Access Internet Connections, unless required by law.
LIABILITY: By it’s very nature, the Internet is a non-guaranteed and insecure medium for dissemination of data and/or information. For this and other reasons, EZ-Access Internet Connections will not be liable under any legal theory, tort, contract, or otherwise, for any indirect, special, incidental, or other damages, including but not limited to, loss of data, delay, misdelivery, or service interruption, whether or not caused by your or EZ-Access Internet Connections’ negligence or the negligence of any other entity or carrier involved in the distribution of any data existing in, or passing through, or which should have existed in or passed through, any EZ-Access Internet Connections or other server, network, or facility. You agree that should you be asked to remove any material from our servers that we deem to be in violation of this agreement because we consider it to be threatening, libelous, obscene, harassing, or pornographic in nature, and that you fail to remove it within thirty days of written notification, we may remove it from our servers without incurring any liability for it’s loss and/or destruction. In no event will EZ-Access Internet Connections be liable for any damages in excess of any payment we’ve received from you for the service. Some states or jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so this limitation and exclusion may not apply to you.
WARRANTY: EZ-Access Internet Connections makes no warranties of any kind, either express or implied, for the supplied service. EZ-Access Internet Connections disclaims any warranty of merchantability or fitness for a particular purpose. The entire risk as to the performance of, or arising out of, the use of the service, is borne by you. Some states or jurisdictions do not allow the exclusion or limitation of such exclusions, so this disclaimer may not apply to you, and you may have other rights, varying by jurisdiction.
INDEMNIFICATION: You agree to indemnify and hold EZ-Access Internet Connections harmless from any claim or demand, including attorney’s fees, made by any third party, due to or arising out of, your use of EZ-Access Internet Connections’ facilities, servers and/or services at any time, whether or not covered elsewhere in this agreement, including but not limited to any threatening, libelous, obscene, harassing, pornographic or offensive material contained in any of your emails or other communication, or available on your website, and/or unsolicited commercial email or spam. When and if any such use is made of EZ-Access Internet Connections’ services, network, facilities and/or addresses, in addition to any and all other remedies (including account termination), fees will be assessed as shown in our “Extra Charges” price list, herein made a part of this agreement by reference. Such charges will become immediately due and payable upon assessment. Additionally to any fees referenced herein, if EZ-Access Internet Connections suffers any financial loss either directly or indirectly due to any act or omission by you, you agree to fully indemnify EZ-Access Internet Connections against such financial loss.
REVISIONS TO AGREEMENT: EZ-Access Internet Connections reserves the right to make any changes to this agreement at any time, and to notify you of such changes by posting the current agreement terms to our website. Your continued use of the service after posting of such notification constitutes your acceptance of the revised terms.
REQUIRED NOTICE: Any notice to EZ-Access Internet Connections shall be made in writing by either certified mail, to our corporate office: EZ-Access Internet Connections, Post Office Box 52672, Riverside, Calif. 92517, USA, or by email to “[email protected]”, except for notice of account termination, which should be made to “[email protected]”. Any notice to you shall be made in writing, either by certified mail to your contact address, or by email to your contact email address, as you supply as part of your application.
TERMINATION: Either party may terminate the contract at any time by notice (as defined above) given the other party. Upon termination, your right to use any terminated services ceases. In the event of termination by email, EZ-Access Internet Connections shall make every effort to determine that the notice indeed comes from you, but in any event, EZ-Access Internet shall not be liable for any improper termination of service caused by forged email headers or for any other reason. In that event, your sole remedy shall be to have the service reinstated, and to not pay for the service for the time it was not available. Cancellation by either party shall not affect the unpaid balance of your account, and prepaid charges will be considered as fully earned on the first day of service.
STATUTE OF LIMITATIONS: No action, of any form, and for any reason, arising out of, or in any way related to, this agreement, shall be undertaken by either you or EZ-Access Internet Connections after two years from the cause of action has arisen.
PAYMENTS: Payment for all services rendered is due immediately in advance according to the term set for for the service rendered. EZ-Access Internet Connections sends invoices and/or statements of account only by electronic mail. You are expected to check your electronic mail box regularly for notices from EZ-Access Internet Connections, including invoices and statements of account. Payment is due on the first day of the month, or within five business days of receipt of the invoice if not due in advance monthly. If payment is not received by the paymnent due date, your account may be suspended. Suspended accounts will incur a reactivation fee as shown on our price list. Charges will be billed according to our current price list, which may be changed at any time upon thirty days’ written notice.
ENTIRE AGREEMENT: This constitutes the entire agreement between the parties. It supercedes any and all prior agreements. It cannot be changed except by revision as explained above, or by written exception and/or additions signed to personally by an officer of EZ-Access Internet Connections and by you or an officer and/or principal of your company, if any.
SEVERABILITY: If any provision or part of any provision of this agreement shall be found at any time in the future to be invalid or unenforceable, such provision shall be stricken from the agreement, but shall have no other effect on the balance of the agreement, and the agreement, unless revised, will continue in full force and effect.
GOVERNING LAW: You and EZ-Access Internet Connections agree that this agreement is considered to have been made in the city of Riverside, in the county of Riverside, in the State of California, in the United States of America. You and EZ-Access Internet Connections agree that this agreement shall be subject to, and if required, adjudicated under, and that any action brought under, arising out of, or in connection with this agreement or any breach or alleged breach thereof, shall be brought in the city of Riverside, the county of Riverside, the state of California, in the United States of America.
HEADERS: The paragraph-headers in this agreement are included for convenience only, and are not to be considered as limiting the subject matter of any paragraph herein in any way, shape or form.