Internet Service Agreement
BY CLICKING ON THE "ACCEPT" BUTTON OR OPENING THE PACKAGE, YOU ARE CONSENTING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE "DO NOT ACCEPT" BUTTON AND THE INSTALLATION PROCESS WILL NOT CONTINUE OR RETURN THE PRODUCT TO THE PLACE OF PURCHASE FOR A FULL REFUND.
- Services. WHRO agrees to provide to Customer the Internet-related services specified on Attachment 1 (the "Services".)
- Use of Services by Customer.
- Customer agrees that it will be solely responsible for the content of any transmissions over the Internet by any person using Customer's facilities.
- The Services may only be used for lawful purposes. Customer agrees that if it or any person using Customer's facilities accesses any other network or computer using the Services, Customer will ensure compliance with the rules imposed by those other networks, and will not attempt or permit or allow any other person to access any other network or computer that Customer or such other person does not have permission to access or that will result in a usage charge to WHRO. Customer agrees that it will not use or permit or allow any other person to use the Services:
- to interfere with or disrupt or attempt to interfere with or disrupt the present or future operation of any computing facility, services or equipment, or to subvert, attempt to subvert or help others to subvert the security of any computing facility, services or equipment;
- to interfere with the use of the Internet by any other user;
- to publish, post, distribute or disseminate defamatory, infringing, obscene or other unlawful material or information;
- to threaten, harass, stalk, abuse, or otherwise violate the legal rights (including rights of privacy and publicity) of others;
- to intercept or attempt to intercept e-mail;
- to mail or send or use files or other material that contains software or other material protected by intellectual property laws (or by rights of confidentiality, privacy or publicity) unless the sender owns or controls the rights thereto or has received all necessary consents;
- to mail or send files that contain any computer worm or virus or any corrupted data;
- to delete any author attributions, legal notices or proprietary designations or labels in a file that is mailed or sent over the Internet;
- to falsify the source or origin of software or other material contained in an uploaded file;
- to send e-mail or use newsgroups for any purpose other than personal communication, except in newsgroups that are specifically intended to receive advertisements of goods and services (including (A) broadcast posting and mailing -- posting the same message to many newsgroups when the content has nothing to do with the groups' topics, or mailings to large numbers of users or mailing lists, regardless of the content; (B) posting of commercial advertisements to any news groups except groups that are specifically intended to receive advertisements of goods and services; (C) mailing unrequested commercial advertisements; and (D) mailing or posting chain letters);
- to receive or download a file that is known (or reasonably should be known) cannot be legally distributed;
- to act in a manner that is contrary to applicable United States, state, local or international law, rule or regulation.
- Customer will not use or permit or allow any other person to use any trademark, service mark or trade name of WHRO or any provider of services to WHRO (including, but not limited to, BBN Planet Corporation) without the prior written consent of WHRO.
- Payment. Customer will pay WHRO for the Services, as and in the amounts provided on Attachment 1. All monthly fees and charges payable by Customer will be due and payable to WHRO no later than the last day of each calendar month. All charges for Services payable other than on a monthly basis will be due and payable upon receipt of an invoice from WHRO. WHRO may change the price for any of the Services from time to time by giving thirty (30) days written notice to Customer of the change, and the change will become effective upon the expiration of such thirty (30) day period.
- Risk of Use and Limitations on Liability. WHRO MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, CONTENT OR QUALITY OF INFORMATION OBTAINED THROUGH THE SERVICES, AND THE USE OF THE SERVICES AND ANY INFORMATION OBTAINED THROUGH THE SERVICES IS AT CUSTOMER'S OWN RISK. WHRO HEREBY EXPRESSLY DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, RELATING TO THE SERVICES. WHRO SHALL NOT BE LIABLE FOR UNAUTHORIZED ACCESS TO CUSTOMER'S FACILITIES OR EQUIPMENT OR FOR ANY ALTERATIONS, THEFT, LOSS OR DESTRUCTION THROUGH ANY MEANS OF CUSTOMER'S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION. WHRO DISCLAIMS AND SHALL HAVE NO LIABILITY FOR ANY CLAIMS RESULTING FROM ANY ALLEGED DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA, FAILURE OF OR INTERRUPTION OF THE SERVICES, OTHER THAN LIABILITY TO RETURN TO CUSTOMER THE CHARGES PAID BY CUSTOMER FOR ANY SERVICES NOT PROVIDED FOR ANY PERIOD DURING WHICH THEY WERE NOT PROVIDED, EVEN IF WHRO HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS DISCLAIMER OF LIABILITY IS EXPRESSLY APPLICABLE TO ANY CLAIMS INVOLVING SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES. CUSTOMER HEREBY RELEASES WHRO AND ITS AGENTS AND AFFILIATES FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO CUSTOMER. CUSTOMER MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
- Indemnification. Customer agrees to indemnify and hold harmless WHRO and WHRO's officers, directors, agents, affiliates and employees from and against any and all claims, actions, losses, liabilities, damages, settlements, judgments, arbitration awards, costs and expenses (including reasonable attorney's fees and expenses) arising out of or related to Customer's breach (or with respect to the defense thereof, alleged breach) of its agreements set forth in this Agreement.
- Term and Termination. The term of this Agreement is one year from the date hereof. This Agreement may be terminated by either party by giving thirty (30) days written notice to the other prior to the expiration of the then current term, and failing such notice, shall be deemed to be renewed for successive terms of one (1) year each. Upon the termination of this Agreement, Customer shall relinquish and assign to WHRO use of the IP addresses or address blocks assigned to it by WHRO in conjunction with the Services.
- No amendment, modification, termination or waiver of any provision of this Agreement shall be effective unless set forth in a writing signed by a representative of each party, and then only to the extent specifically set forth therein. No course of dealing on the part of any party, or its respective officers, directors, employees, consultants or agents, nor any failure or delay by any party with respect to exercising any of their respective rights, powers or privileges under this Agreement or law shall operate as a waiver thereof. No waiver by any party of any condition or the breach of any term, covenant, representation or warranty contained in this Agreement, whether by conduct or otherwise, in any one or more instances shall be deemed a further or continuing waiver of any condition or covenant, representation or warranty of this Agreement.
- Unless otherwise specified herein, all notices and other communications to any party shall be in writing and shall be given to such party at its address, telecopier or facsimile number set forth below or such other address, telecopier, or facsimile number as such party may hereafter specify for that purpose by notice to the other party. If to WHRO: If to Customer: 5200 Hampton Boulevard (Supplied on registration form.) Norfolk, Virginia 23508 Telecopier: (757) 489-0007 Mr. Brian Callahan Each such notice or other communication shall be effective (i) if given by telecopier facsimile, when such telecommunication is transmitted and confirmation of receipt obtained, (ii) if given by mail, five days after such communication is deposited in the mails with first class postage prepaid, addressed as aforesaid or (iii) if given by any other means, when delivered at the address specified above.
- This Agreement, together with the attachments to this Agreement, embodies the entire agreement and understanding between the parties with respect to the subject matter hereof, and supersedes all prior agreements and understandings between such parties relating to the subject matter hereof and thereof. No representation, promise, inducement or statement of intention has been made by the parties which is not embodied in this Agreement.
- This Agreement, and the rights and obligations of the parties hereunder, shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia applicable to contracts made and to be performed therein. All actions, proceedings or litigation relating hereto will be instituted and prosecuted solely within the City of Norfolk, Virginia. WHRO and Customer hereby consent to the jurisdiction of the state courts of Virginia and the federal courts located within such state with respect to any action, dispute or other matter arising out of or relating to this Agreement.
- If any provision of this Agreement, or the application thereof to any person or circumstance, is held invalid, such invalidity shall not affect any other provision which can be given effect without the invalid provision or application, and to this end the provisions hereof shall be severable.
- Notwithstanding anything contained in this Agreement to the contrary, neither party shall be liable to the other for failure to perform any obligation under this Agreement (nor shall any charges or payments be made in respect thereof) if prevented from doing so by reason of fires, flooding, strikes, labor unrest, embargoes, civil commotion, rationing or other orders or requirements, acts of civil or military authorities, acts of God or other contingencies, including equipment failures, and beyond the reasonable control of the parties, and all requirements as to notice and other performance required hereunder within a specified period shall be automatically extended to accommodate the period of pendency of any such contingency that shall interfere with such performance.
- WHRO and Customer agree that this is an agreement for the provision of services by WHRO and that they shall not be deemed or considered to be partners or joint venturers in any respect.
- Customer may not assign this Agreement or any of its rights, duties or obligations hereunder without the prior written consent of WHRO. Any unauthorized attempt to assign this Agreement or any of Customer's rights, duties or obligations without such prior written consent shall be considered void. WHRO may terminate this Agreement by notice to Customer effective on the date such notice is given if Customer assigns this Agreement or any of its rights, duties or obligations hereunder without the prior written consent of WHRO.
INTERNET SERVICES TO BE PROVIDED BY WHRO
- Unlimited Point-To-Point Protocol (PPP) connectivity 24 hours per day, seven days per week
- POP mail account