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610 W Hubbard, Suite 125 |
THIS AGREEMENT is effective as of the Subscriber account creation date
(the "Effective Date") between the Subscriber (refers to the
person or organization who uses or subscribes to Imbris' service) and
IMBRIS, Inc. ("IMBRIS"). IMBRIS agrees to provide access to
Internet, and Subscriber agrees to accept and utilize IMBRIS' service,
according to the terms of this Agreement.
Dial-Up Unlimited Access Accounts
Access is unlimited while you are actively using the Internet Service.
Users must have at least one 60 minute logoff period after each 8 hours of continuous use.
Dial-Up Access Accounts are not dedicated connections, resulting
in dynamic IP addressing and connections that are not suitable for network
environments.
1. Service. Upon receipt and approval of this
Agreement, IMBRIS shall create Subscriber's account to enable
Subscriber's access to the service (the "Service").
Subscriber is responsible for all use of Subscriber's account
and maintaining the confidentiality of Subscriber's password.
Our Services are provided on the basis of, and are subject to, service,
facility and equipment availability. We reserve the right not to provide
one or more Services where necessary facilities, equipment or services are
not available for any reason whatsoever.
2. Technical Support. IMBRIS will provide technical support via telephone, e-mail and facsimile to assist in establishing Subscriber's connection to the Service and configuration of supported Internet software tools ("Technical Support"). Technical Support shall consist only of the consulting services set forth above, and in no event shall it include any other support function or services.
3. Equipment & Utilities. Subscriber shall provide its own computer and telecommunications equipment necessary to access the Service. Subscriber is solely responsible for all local and long-distance telephone charges for connecting to the Service. IMBRIS shall have no responsibility for any charges or tariffs related to any Subscriber telephone connection or on-line services of any entity accessed by or for Subscriber.
4. Term. The Service is for an initial term as agreed between us and shall automatically renew at the end of the initial Term based on the initial term unless terminated by either of us in accordance with these Terms and Conditions. This Agreement may be revoked by IMBRIS at any time prior to the Effective Date.
5. Termination by IMBRIS. IMBRIS, at its sole business judgment, may terminate this Agreement immediately or suspend Subscriber's access to the Service upon any breach of this Agreement by Subscriber, including, but not limited to, refusal or failure to pay for Service or by sole judgment of IMBRIS that Subscriber may be performing activities harmful to IMBRIS or its other subscribers, employees, vendors, business relationships or any other users of the Internet.
6. Cancellation of Internet Account by Subscriber. For service cancellation, or if you are dissatisfied with our service, or with any of our terms, conditions, rules, policies, guidelines, or practices in operating the Service, your sole and exclusive remedy is to terminate your Service agreement with us in accordance with our cancellation policy and discontinue using the Service.
Payment of all subscription fees through the Notice period is required. No refunds will be given for partial terms or for any initial registration fee. Please refer to our refund policy.
7. Data. Subscriber understands and agrees that the Internet is a conglomeration of networks and servers operated by distinct entities having no business or legal relationship to IMBRIS. IMBRIS has no input whatsoever as to the content of Internet data accessed via the Service. Subscriber is solely responsible for any value or reliance it places on information obtained via the Internet or the Service. INFORMATION DERIVED AS A RESULT OF THIS AGREEMENT IS PROVIDED "AS IS" AND AT SUBSCRIBER'S OWN RISK.
8. Service Interruption We may suspend the Service at any time for any duration of time, without penalty or liability to ourselves, where necessary. You agree that it may be necessary for us to temporarily suspend our Service for technical reasons or to maintain our network, equipment or facilities. We shall not bear any liability whatsoever for: (i) any such suspensions of Service; (ii) the termination of Service pursuant to these Terms and Conditions; (iii) suspension or termination of Service due to your non-payment of amounts or deposits due; (iv) suspension or termination of Service due to your unlawful or improper use of facilities or Service by you; (v) your inability to access any Services; or (vi) suspension or termination of the Service for any other reason at our sole discretion.
9. Limitation of Liability The Service is provided on an "as is" and "as available" basis and use of the Service is at your own risk. We make no representations or warranties whatsoever, either express or implied, with respect to the Service or any service, merchandise or information provided through the Service, including without limitation any representation or warranty with respect to the network transmission capacity of any common carriers used by us or the accuracy or quality of the Service. There is no warranty of title, non-infringement nor any implied warranty of merchantability or fitness for a particular purpose. It is solely your and your authorized users' responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services and other information and the quality and merchantability of the Service and all merchandise and services provided through the Service generally.
Neither we nor our suppliers warrant that the Service will be uninterrupted or error free.
Without limiting the generality of the foregoing, we and our suppliers, and our respective directors, officers and employees (collectively, in this paragraph, "Imbris"), are not responsible or liable to you or third parties for any claim, loss, damages, liability or expenses you or others may suffer or incur as a result of, arising out of, or in any way connected with the Service, or any use of it or interruption in it, whether through act or omission, negligence or otherwise, and whether direct or indirect. Without limitation, Imbris is not liable for any incidental, special, consequential, punitive, aggravated or exemplary damages, or loss of use, data, business, income or profits, even if Imbris has been advised of the possibility of such claim, loss, damages, liability or expenses by you or others. You assume all responsibility and liability with respect to mistakes, omissions, interruptions, errors, defects, delays in operation or transmission, or any failure of performance. The limitations on liability contained in this Agreement shall survive the termination of this Agreement. Without limiting the generality of the foregoing, in no circumstances shall our liability to you exceed one (1) month's user fee.
10. Compliance (Your Responsibilities)
While using the Service you must comply with applicable laws at all
times. You assume total responsibility and risk for your and your
authorized users' use of the Service.
Subscriber is responsible for paying all charges necessary to use and
access the Service. We will recognize only you as the person authorized to accept,
utilize, manage, modify or terminate the Service.
Subscriber agrees to use the Service in compliance with all applicable laws, and to upload and/or download files, if at all, only with the consent of the copyright or patent owner. Subscriber shall be charged for all costs incurred by IMBRIS, including reasonable attorney fees, for any claim, loss, or damage arising out of Subscriber's use or misuse of the Internet. Subscriber specifically agrees to defend, indemnify, and hold harmless IMBRIS, its officers, and employees from any claim, loss, or damage, including costs and reasonable attorney fees, arising out of any act or omission of Subscriber under this Agreement or its use of the Service.
10b. Email Attachments and Storage Email attachments are limited to ten (10) megabytes per message. Your total email storage capacity using any of our Internet Service is limited to twenty (20) megabytes.
10c. Long Distance We are not responsible for any long-distance charges that may be incurred through use of our Internet Service. If you choose to dial up to the Internet Service outside of a local dial-up area, you will be responsible for all applicable long distance charges. Please note, if you must dial 1, then an area code, to reach any of our dial-up access lines, there will be a long-distance charge levied by your long distance service provider. Some versions of Windows may automatically add a country code and area code to your dial-up networking settings. Check with technical support if you have any doubts about the modem settings.
11. Indemnification & Law. You shall indemnify and hold us and our directors, officers and employees harmless against all claims, loss, damages, liability or expenses that we and/or they may suffer or incur, directly or indirectly, arising out of, resulting from or in connection with your use of the Service. Indemnification includes, but is not limited to, claims by third parties, the installation, maintenance, and removal of any and all equipment, the violation by you of the Agreement in force from time to time, and legal fees, disbursements and all other reasonable costs incurred by us in connection with any legal, collection or other proceedings brought by us against you related to this Agreement.
This Agreement shall be construed under the laws of the State of Idaho, Idaho courts shall have jurisdiction over this Agreement and the parties, and all litigation hereunder shall, to the extent possible, be in Idaho.
If any part of these Terms and Conditions is found to be invalid or unenforceable under applicable law, such part shall be ineffective to the extent of such invalid or unenforceable part only, without in any way affecting the remaining parts of these Terms and Conditions.
12. Payment Policy.
Interest will accrue on unpaid amounts as and from 30 days after the invoice date at the rate of 1.5% per month (19.56% per annum), or such other rate as we may determine from time to time.
We accept cash, money order, checks, online checks, debit cards and Visa, Mastercard and American Express credit cards.
Should a payment be rejected by your financial institution for any reason, you will be
charged a fee of $10.00 fee and possible interruption of service.
13. Acts of God Neither of us shall be liable for any delay, interruption or failure in the performance of our obligations if caused by acts of God, declared or undeclared war, fire, flood, storm, slide, earthquake, power failure, accident, riot, government intervention, embargoes, strikes, labor difficulties, equipment failure, the inability to obtain equipment, supplies or other facilities that are not caused by a failure to pay, labour disputes, or other similar events beyond the control of the party affected that may prevent or delay such performance. If any such act or event occurs or is likely to occur, the party affected shall promptly notify the other, giving the particulars of the event. The party so affected shall use reasonable efforts to eliminate or remedy the event.
IMBRIS shall not be liable for any delay in performance directly or indirectly caused by or resulting from any third party telecommunications providers or public utilities.
14. Modification/Amendment. We shall have the right at any time to change or modify the Terms and Conditions applicable to your use of the Services, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice by us, which may be given by any means including, but not limited to, posting on our website, or by electronic or conventional mail. Any use of the Services by you after such notice shall be deemed to constitute acceptance by you of such changes, modifications or additions. Any changes or amendments to this Agreement shall be set forth at http://www.imbris.com/agreement.html
15. Acceptable Net Use Policy You agree to use the Service in a courteous and cooperative manner so as to avoid abusing the Service. You also agree to respect the use of the Internet so that you do not violate the laws or affect the rights of others. You will not misuse proprietary information or property of others for your own purposes or otherwise and will not publish threatening or defamatory materials or any materials otherwise injurious to the business or reputation of others. Please review our Acceptable Net Use Policy for information on spamming, harassment and unsolicited advertising.
16. Remedial Actions for Internet Abuse. We consider the practices above and those in our Acceptable Net Use Policy to constitute abuse of both our Internet Service and of the recipients of such unsolicited mailings or postings who often bear the expense. Engaging in one or more of these practices will result in immediate termination of your account. We reserve the right to define, in our sole discretion, conduct that violates the above provisions and guidelines and to deny access at any time to users who breach the above rules or cause other abuses that are disruptive to our subscribers. We reserve the right to implement and take legal and technical steps to prevent unsolicited bulk e-mail or other unauthorized e-mail from entering, utilizing or remaining within our proprietary computers and computer network. If we receive complaints from third parties against you for spamming, sending unsolicited mass e-mailings or any other form of Internet abuse, we reserve the right to charge you with an administrative fee for such complaints received by us. Nothing contained in this policy shall be construed to limit our actions or remedies in any way with respect to any of the foregoing activities. We reserve the right to take any and all additional actions we may deem appropriate with respect to such activities, including, without limitation, all rights and remedies available to us at law or in equity. Our failure to enforce these policies in every instance does not amount to a waiver of any of our rights.
21. Warning about Sexually Explicit Materials YOU ACKNOWLEDGE THAT THE INTERNET CONTAINS UNEDITED MATERIALS, SOME OF WHICH ARE SEXUALLY EXPLICIT OR WHICH YOU MAY OTHERWISE DEEM OFFENSIVE. YOU ACCESS SUCH MATERIAL AT YOUR OWN RISK. WE BEAR NO RESPONSIBILITY WHATSOEVER FOR THE EXISTENCE OF SUCH MATERIALS NOR FOR THE ACCESS TO ANY SUCH MATERIALS WHICH MAY BE MADE USING OUR SERVICE. WE ENCOURAGE YOU TO TAKE AN INTEREST IN YOUR CHILD'S ACTIVITIES ON THE INTERNET AND TO LIMIT ACCESS TO THOSE PORTIONS OF THE INTERNET WITH WHICH YOU ARE UNCOMFORTABLE.
17. Privacy and Security We cannot ensure or guarantee privacy for users of our Internet Service and recommend that our Internet Service not be used for the transmission of confidential information, including credit card information. Any such use shall be at your sole risk, and we shall have no liability in connection therewith.
18. Commerce over the Internet
When making purchases or other transactions using our Internet Service,
you may be required by the merchant, information provider or service
provider to supply personal information including credit card information
or other means of payment. We are in no way responsible for any charges
you may incur when making purchases or other transactions in this manner.
You understand that you and your authorized users may access the Internet
through the Service. You further understand that we and our suppliers do
not operate or control the Internet in any way. All merchandise,
information and services offerings, made available or accessible on the
Internet, are offered, made available or accessible by third parties who
are not affiliated with us.
Customer Acceptance of Terms and Conditions
You automatically accept all of the Terms and Conditions as stated herein
by accessing the Internet and commencing and continuing to use the
Internet through any of the Service provided herein. You further agree to
abide by all of the rules which may be changed by us from time to time by
notice published on our web site, sent by email or by fax to you.