|
|
In
order to effectively continue our services, Mich1 Internet Inc has set forth
the following terms and conditions which shall govern this Agreement between
the parties. These terms and conditions are intended for the purpose of
establishing operating principals.
UNLIMITED USAGE POLICY.
Unlimited
usage, this means as long as the Customer is at the keyboard or downloading
a program the practice is acceptible. This is not intended to be a full-time
unattended connection. Customer agrees not to provide any public information
services over this connection, not to use any automatic method to avoid
inactivity disconnect, and to keep the connection active only when the
member is actively using it. A few individuals holding a modem connection
for long periods of time increase the possibility of other users being
unable to gain access.
TELEPHONE CHARGES
Telephone
Charges, The Customer agrees that Mich1 Internet Inc shall have no liability
for any local or long distance charges that may apply from the telephone
company. In no event will Mich1 Internet Inc be held accountable.
BULK
E-MAIL AND SPAMMING
It
shall not be permissible for the Customer to engage in any bulk E- mailing
or use of mail servers or mail relays (commonly referred to as "SPAMMING").
In the event that the Customer engages in such activity, Mich1 Internet Inc may
elect to immediately terminate the Customer at its sole discretion without
prior notice to the Customer. In the event that Mich1 Internet Inc terminates
the Customer due to this provision, the Customer shall not be entitled
to a refund. Forwarding 25 unsolicited pieces of mail within a 24 hour
period shall be considered "spamming". the Customer shall be liable for
any and all damages caused as a result of the Customer's failure to comply
with this provision.
TERMINATION
Either
party may terminate this Agreement without cause upon 30 days written notice
to the other party. E-Mail shall be deemed adequate notice by either party.
Nothing in this paragraph however shall limit Mich1 Internet's right to terminate
the Customer immediately and without prior notice for improper use and
violations as set forth herein. In the event that Mich1 Internet elects to
terminate the Customer as a result of its improper acts and breach of the
terms and conditions contained herein, the Customer shall not be entitled
to a refund of the balance. In no event shall the Customer be entitled
to a refund of the setup fee. In the event the Customer elects to terminate
this Agreement, same shall be considered a breach and the Customer shall
not be entitled to any refund. In the event that Mich1 Internet elects to
terminate the Customer without cause, the Customer shall receive a full
refund of any balance. However, if the Customer terminates this Agreement
without cause, and in accordance with the notice provision set forth herein,
there shall be no refund of the Setup Fee or any remaining balance.
LIABILITY
The
Customer agrees that Mich1 Internet Inc shall have no liability for the services,
data or information provided to the public on the Mich1 Internet Inc including but
not limited to any liability for consequential, indirect, special or incidental
damages, regardless of the success or effectiveness of other remedies.
The
Customer further agrees that Mich1 Internet Inc shall not be liable for any damages
or losses sustained by the Customer for business or other activities conducted
on the Mich1 Internet Inc network including but not limited to consequential, indirect, special
or incidental damages.
The
Customer agrees that it shall not hold Mich1 Internet Inc liable for any loss
of business, lost opportunity, consequential, indirect, special or incidental
damages as a result of any interruption in service.
In
no event shall Mich1 Internet's liability exceed the total value paid to Mich1 Internet Inc
by the Customer.
REPRESENTATION
AND/OR WARRANTIES
Mich1 Internet Inc
makes no representations and cannot guarantee that the Customer' domain
name does not infringe upon any trademarks, trade names, service marks
or other proprietary rights owned by a third party. The Customer shall
not hold Mich1 Internet Inc liable for any damages, injuries or losses incurred
by the Customer as a result of any action instituted by a third party.
SECURITY
The
Customer understands that the Mich1 Internet Inc and other various networking are
not secure, unless explicitly specified as such. Mich1 Internet Inc makes
no warranties of any kind, either express or implied. In no event shall
Mich1 Internet Inc be liable for any damages or losses, either consequential,
indirect, special or incidental incurred by the Customer.
INTEGRITY
OF INFORMATION
The
Customer is solely responsible for validating the integrity of the information
and data it receives or transmits over the Mich1 Internet Inc.
ACCOUNT
SECURITY
The
Customer shall be solely responsible for protecting the security of its
Mich1 Internet Inc account and usage. the Customer's password shall be considered
private information and shall not be disseminated or in any other manner
disclosed and/or transferred to third parties. Mich1 Internet Inc shall not be
liable for any breach of security caused by the Customer or third parties.
Mich1 Internet Inc
will use its best efforts to maintain the integrity and security of
the Customer's password.
DOMAIN
NAME OWNERSHIP
The
Customer shall be responsible for all costs and fees associated with its
domain name including, but not limited to all costs and fees for moving
same. The Customer shall make payment directly to the issuer. Under no
circumstances shall Mich1 Internet Inc be responsible for this cost.
LEGAL
ACTION
The
Customer agrees to indemnify and hold Mich1 Internet Inc harmless in any legal
action which arises as a result of the Customer's use of Mich1 Internet services,
without limitation or exception including, but not limited to any action
brought against the Customer by a third party.
HEADINGS
Headings
in this Agreement are for convenience only and shall not be used to interpret
or construe these provisions.
MODIFICATION
The
terms and conditions of this Agreement may be modified at the discretion
of Mich1 Internet Inc with 30 days notice to the Customer.
ENTIRE
AGREEMENT
This
Agreement supersedes all Agreements previously made between the parties
pertaining to the subject matter of this Agreement. There are no other
understandings or Agreements.
Failure
to properly notify Mich1 Internet Inc via e-mail, telephone or regular mail of
your disagreement with the above terms and conditions will constitute the
Customer's acceptance of same.
|
|
|