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Conditions and Terms of ICEWEB This is a legal agreement
between you, the Customer and ICEWEB. Use of the Service indicates that you
accept these terms. If you do not agree with these terms, do not use the
system. 1.
Customer
shall abide by all the terms of all ICEWEB policies. If you do not
agree to all of the terms of the agreement contact ICEWEB immediately and
terminate your agreement. Use of the service indicates agreement with all
terms and conditions. 2. Customer shall use the service for Internet access for computers located within the same business and building only. Customer shall not lease or sublease or provide Internet access to others through the use of the service or otherwise. Use of Servers such as file servers, data servers, ftp servers, mail servers (NO UNSOLICITED OR BULK EMAIL ALLOWED), and web servers are permitted provided they are low volume bandwidth usage directly related to the customers business and not for resell or profit services such as hosting. 3.
CUSTOMER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT CUSTOMER’S
SOLE RISK. NEITHER ICEWEB NOR ANY LICENSORS, EMPLOYEES, OR AGENTS WARRANT
THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES ICEWEB, THEIR
AGENTS, EMPLOYEES MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE
OF THE SERVICE. THE SERVICE IS PROVIDED ON AN "AS IS" BASIS WITHOUT
EXPRESS OR IMPLIED WARRANTIES OF ANY KIND. SPECIFICALLY, THERE IS NO EXPRESS
OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE
FOR THE SERVICES TO BE PROVIDED HEREUNDER. ICEWEB, ITS EMPLOYEES, AFFILIATES,
INDEPENDENT CONTRACTORS, SUBCONTRACTORS AND ASSIGNS SHALL NOT BE RESPONSIBLE
FOR LOST, STOLEN, OR DAMAGED EQUIPMENT, WITHOUT LIMITATION, ICEWEB SHALL NOT
BE HELD LIABLE FOR LOSS OF ANY SOFTWARE, HARDWARE OR DATA, IN WHATEVER FORM
STORED ON ANY COMPUTER EQUIPMENT ONTO WHICH A DSL MODEM AND
ASSOCIATED EQUIPMENT IS INSTALLED. IT IS CUSTOMERS RESPONSIBILITY TO BACK UP
ANY AND ALL DATA, AND SOFTWARE PRIOR TO THE INSTALLATION OF THE DSL MODEM AND ASSOCIATED EQUIPMENT. 4.
Additional
Charges: Customer is subject to additional charges including, but not limited
to, bad check charges, non-pay reconnect fees, early disconnect fees. 5.
ICEWEB
shall not be liable to Customer for any damages arising from any event that
is out of the control of ICEWEB. Neither shall ICEWEB be liable for indirect,
special, incidental, exemplary, consequential, or any other form of money
damages, including but not limited to, lost profits, or for the loss of data
or information of any kind, however caused and arising out of or in
connection with the performance of ICEWEB or the provision of services or
performance hereunder, whether based in contract, tort, or any other legal
theory, and whether or not ICEWEB has been made aware of the possibility of
such damages. In no event shall liability exceed a refund of amounts actually
paid by Customer for the then current month. 6.
Customer
expressly acknowledges that the bandwidth provided by ICEWEB is a shared
service. Any quoted bandwidth rating/transfer rate for High Speed Internet
Service is a maximum rate and not guaranteed based upon the shared service.
ICEWEB reserves the right to manage its Networks to provide for maximum
efficiency. Due to the demands of the Internet, the limitations of other
networks that comprise the Internet and Customer’s equipment limitations, the
maximum speeds may be available but only on a burst basis. 7.
ICEWEB
permits IP traffic only. Other protocols are prohibited without prior
arrangement. 8.
Customer
shall use reasonable efforts to minimize unnecessary network traffic and
interference with the work of other users of the interconnected networks. 9. FAIR USE POLICY, Customer agrees not to abuse the service by downloading or uploading constantly as this will be detrimental to the quality of service to other users of the service. 10.
Customer
hereby certifies that he or she is 18 years of age or older and will not use
this service to conduct any illegal activity including but not limited to
violations of the Communications Decency Act of 1996. 11.
Customer
hereby indemnifies and will hold harmless, ICEWEB, its successors and
assigns, from any and all copyright, trademark, patent or any other legal
liability arising out of the use of this service. 12.
Breach
of this Agreement by Customer may result in immediate termination of services
in addition to liability for any and all damages, including attorney fees and
costs. 13.
Responsibility
for Equipment:
From the time the DSL modem is provided, you are responsible for it. If it is
lost, stolen or damaged under any circumstances after it is provided,
regardless of fault, you shall be responsible for all charges, including labor
costs, to replace or repair modem. 14.
Customer
is solely responsible for limiting access to objectionable materials that may
be on the Internet. ICEWEB takes no responsibility or liability for
unauthorized viewing of said materials by minors or any other persons. 15.
This
agreement is and shall be governed by and construed in accordance with the
laws of the State of Maryland applicable to agreements made and performed in
Maryland. Any cause of action of a Customer or its designated user with
respect to the Service must be instituted within one year after the claim or
cause of action has arisen or be barred. 16.
The
Service is provided to the named applicant (Customer) for their private
non-commercial use and may not be shared or redistributed.
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