| AGREEMENT FOR USE OF THE INTERNET
GATEWAY, INC. SERVICES. THIS IS LEGALLY BINDING, SO PLEASE READ CAREFULLY.... AGREEMENT FOR USE OF THE INTERNET GATEWAY OF GEORGETOWN SERVICES BEFORE YOU
INSTALL, RUN, COPY, USE OR ACCEPT ANY PORTION OF THE CLIENT SOFTWARE, AND IN ORDER TO
CONTINUE USE OF THE CLIENT SOFTWARE, CAREFULLY READ THE TERMS AND CONDITIONS OF THIS
AGREEMENT. BY INSTALLING, RUNNING, COPYING, USING THE CLIENT SOFTWARE, OR CLICKING ON THE
ACCEPT BUTTON YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS
AGREEMENT. IF YOU DO NOT ACCEPT AND AGREE TO ALL THE TERMS AND CONDITIONS OF THIS
AGREEMENT, RETURN THE CLIENT SOFTWARE AND ALL ASSOCIATED MATERIALS TO:
INTERNET GATEWAY OF GEORGETOWN, Inc. 1915 S. Austin Ave.
Suite 108, Georgetown, TX 78626
This agreement ("Agreement") becomes effective when
you install, run, copy, or use any portion of the Client Software. This Agreement is
between INTERNET GATEWAY OF GEORGETOWN, Inc. ("IGG") a Texas corporation, and
the participant ("you" or "your"). This Agreement sets forth the terms
and conditions under which you agree to use IGG's Client Software and/or IGG's Internet
Service ("Service" or "Services"). These terms are Legally binding.
Please make sure you understand them.
1. IGG will provide you with a single copy of the Services
software ("Client Software" or "Software"). Use of the Client Software
is subject to the Software licensing provisions set forth in the Software License
Agreement enclosed in the Client Software package and/or incorporated in the installation
process.
2. Service
A. Commencing on the date on which you initiate the Service,
you will have use of the Service pursuant to the terms and conditions set forth herein. In
exchange, you will pay the currently published charges for such Service, including
installation charges, if applicable per users login. A users login constitues a single
connection to the Service from one computer at a time. The terms, conditions, and charges
for the Service may be periodically modified. Such modified terms, conditions, and charges
can be found at IGG's Web site. After notice of a modification, your continued use of the
Service constitutes an affirmative agreement to be bound by such new terms, conditions,
and charges.
B. The Service shall continue until such time as you provide
IGG with WRITTEN notice that you wish to discontinue the Service, or Service is terminated
and/or canceled by IGG, as set forth herein. Written notice can be received via Electronic
Mail, or US Postal.
C. IGG reserves the right to modify or discontinue the
Service with or without notice to you.
3. Fees
Recurring charges are billed in advance of Service. If any
portion of payment is received after the payment due date, a late fee may be charged to
you as 'liquidated damages'. If service is disconnected for non-pay then a $15 reconnect
fee will be added to the amount due.
A. For all Service(s) charges, including installation charges
if applicable, IGG will either
(I) bill you on your renewal date via E-mail or
(II) U.S. Mail if agreed upon between the parties or
(III) bill your credit card.
B. In the event you fail to pay charges billed on your
monthly IGG invoice, or IGG is unable to bill you, IGG reserves the right to bill
outstanding sums to your credit card or to bill you directly. IGG may assign unpaid late
balances to a collection agency for appropriate action. In the event legal action is
necessary to collect on balances due, you agree to reimburse IGG for all expenses incurred
to recover sums due, including attorneys fees and other legal expenses.
C. IGG may suspend or discontinue the Service if charges for
these Services are not paid.
D. You are responsible for purchase and payment of tariffed
network services needed for use of the Service. Any long distance, measured service or
toll charges incurred by you to dial into the Service during your use of the Service shall
be your sole responsibility.
4. Provision of Service: You understand and agree that
temporary interruptions of the Service may occur as normal events in the provision of the
Service. You further understand and agree that IGG has no control over third party
networks you may access in the course of your use of the Service, and therefore, delays
and disruption of other network transmissions are completely beyond the control of IGG.
This includes the local telephone company.
5. Limitation of Liability
A. IGG will make reasonable efforts (within our control) to
provide continuous, uninterrupted, expedient and error-free Service to you. Under no
circumstances shall IGG be liable to you or any other person for any special, incidental,
consequential or punitive damages of any kind, including without limitation, loss of
profits, loss of income or cost of replacement Services.
B. Any Software provided hereunder is provided on an as-is
basis. IGG makes no express or implied warranties (including those of merchantability or
fitness for a particular purpose) with respect to the Software provided.
C. IGG's liability for damages in regards to extraordinary
and unreasonable interruptions of Service, or for mistakes, omissions, delays, errors and
defects in the provision of the Service, shall in no event exceed an amount equal to the
prorata charges to you for the period during which the Service is affected.
D. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, IGG
HEREBY DISCLAIMS ANY AND ALL WARRANTIES INCLUDING IMPLIED WARRANTIES OF FITNESS,
MERCHANTABILITY AND PERFORMANCE.
E. IGG MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR
REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE;
NOR DOES IGG MAKE ANY WARRANTY AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION
OBTAINED THROUGH THE SERVICE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA
DOWNLOADED, OR OTHERWISE OBTAINED, THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN
RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR
LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
F. IGG MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED
THROUGH THE SERVICE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED
ENTIRELY AT YOUR OWN RISK.
6. Indemnity
A. You agree to indemnify and save IGG harmless from all
claims, losses, liens, expenses, suits and attorneys' fees ("Liabilities") for
injuries to or death of any person and for damages to or loss of any property which may in
any way arise out of or result from or in connection with your use of the Service, except
to the extent that such Liabilities arise from the active negligence or willful misconduct
of IGG.
B. You agree to indemnify IGG, its parent, affiliates and
subsidiaries, in the event that your use of the Service and/or Software;
(I) constitutes a violation of any law, regulation or tariff
(including, without limitation, copyright and intellectual property laws);
(II) is defamatory, fraudulent or deceptive,
(III) is intended to threaten, harass or intimidate, or
(IV) interferes with other customers' use or enjoyment of the
Services provided by IGG.
7. Compatibility: You are solely responsible for
provisioning, configuration and maintenance of all equipment on your premises, including,
without limitation, computer equipment and modems. IGG shall not be responsible for delays
in the provision of Service resulting from incompatibility of such equipment, or resulting
from improper provisioning, configuration or maintenance of such equipment.
8. Advertising:
A. You shall not use IGG's name or any language, pictures or
symbols which could, in IGG's judgment, imply IGG's identity in any
(I) written or oral advertising or presentation, or
(II) brochure, newsletter, book, or other written material of
whatever nature, without prior written consent.
B. You may use the resources at hand for personal and/or
business activities, until such time as
I) Your activities prove to be of an illegal nature, or are a
destructive nature to system resources, or
(II) a complaint filed by affected parties, with which find
your activities as offensive, abusive or annoying.
9. Use Limitations
A. You agree to comply with the rules, regulations and
policies applicable to any network that you access through the Service. Any violation of
such rules, regulation and policies, or any network policy document issued by IGG, shall
be cause for IGG to suspend or terminate the Service.
B. Nothing contained in this Agreement may be construed to
convey to you any interest, title, or license in the userID, electronic mail address,
Uniform Resource Locator or domain name used by you in connection with the Service.
C. IGG reserves the right to suspend or terminate the Service
to you, or to suspend or terminate any userID, electronic mail address, Uniform Resource
Locator or domain name used by you, in the event it is used in a manner which
(I) constitutes violation of any law, regulation or tariff
(including, without limitation, copyright and intellectual property laws);
(II) is defamatory, fraudulent, obscene or deceptive;
(III) is intended to threaten, harass or intimidate;
(IV) tends to damage the name or reputation of IGG, its
parent, affiliates and subsidiaries;
(V) interferes with other customers' use and enjoyment of the
Services provided by IGG.; or
(VI) a single login account is used to access the Service on
more than one computer at a time.
D. You understand and agree that any attempt to break
security, or to access an account which does not belong to you, shall be considered a
material breach of this Agreement, and such breach may result in suspension or termination
of the Service. You further agree to immediately notify IGG of
(I) any unauthorized use of your account and/or
(II) any breach, or attempted breach, of security known to
you.
10. Force Majeure: Neither IGG nor you shall be responsible
for damages or for delays or failures in performance resulting from acts or occurrences
beyond their reasonable control, including, without limitation: fire, lighting, explosion,
power surge or failure, water, acts of God, war, revolution, civil commotion or acts of
civil or military authorities or public enemies: any law, order, regulation, ordinance, or
requirement of any government or legal body or any representative of any such government
or legal body; or labor unrest, including without limitation, strikes, slowdowns,
picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel
or energy shortages, or acts or omissions of other common carriers.
11. Cancellation, Termination and Assignment
A. In the event of a ruling, regulation or order issued by a
judicial, legislative or regulatory body causes IGG to believe that this Agreement and/or
the Services provided hereunder, may be in conflict with such rules, regulations and
orders, IGG may suspend or terminate the Service, or terminate this Agreement, without
liability.
B. You may terminate the Service upon notification to IGG in
writing. You agree that the monthly charge for the month in which Service is terminated
shall be forfeit as a cancellation charge. Discounted rates are not subject to return
without prior approval of IGG.
C. If you fail to pay any charge when due, including, but not
limited to, installation charges or taxes, or if you fail to perform or observe any other
material term or condition of this Agreement, or if you provide false or knowingly
inaccurate information which is required for the provision of the Service or is necessary
to allow IGG to bill you for the Service, and such condition continues un-remedied for
thirty days, you shall be in default and IGG may suspend or terminate the Service to you.
D. You may not assign your account on the Service to anyone
without the express written consent of IGG. Upon reasonable notice, IGG may assign its
rights and obligation under this Agreement.
12. General:
A. This Agreement, and the provision of the Service, may be
terminated at any time by either party upon written notice to the other.
B. This Agreement shall be construed in accordance with the
Laws of the State of Texas.
C. Some jurisdictions do not allow the exclusion of certain
warranties, in which case such warranty exclusions may not apply to you.
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