MapleNet, Inc. agrees to provide and User agrees to receive access to the MapleNet, Inc.'s Internet service according to the following terms and conditions:
a. All provisions of MapleNet, Inc.'s Service Agreement ("Agreement") apply to the User's Principal Account and Associate Accounts billed to the Principal Account.
b. The benefits of or rights conferred by this agreement are nontransferable. Use of MapleNet, Inc. accounts is expressly limited to the individual or business whose name appears on the account.
c. User agrees to use the service in manner consistent with any and all applicable laws. In the event that this account is not used in accordance with all Applicable Laws including, but not limited to Local, State or Federal Laws, MapleNet Computers, Inc. reserves the right to cooperate with all or any law enforcement agencies.
d. User agrees to follow the Acceptable Use Policy if any network user connects to, including MapleNet, Inc.'s system. MapleNet, Inc.'s Acceptable Use Policy may be found at http://www.maplenet.net/use.php
e. If User is less than 18 years of age, Agreement must be signed by a parent or legal guardian, who is responsible for all charges related to use of User's account(s).
f. Reselling of web space on the MapleNet, Inc.'s server is prohibited.
g. User is responsible for all use of User's account(s) and confidentially of password(s). MapleNet, Inc. will suspend access or change access to User's account(s) immediately upon notification by User that his/her password has been lost, stolen or otherwise compromised. MapleNet, Inc. is not liable for any usage and or charges prior to MapleNet, Inc. making the necessary account alteration.
h. User is responsible for all local and long-distance telephone charges for connecting to MapleNet, Inc. User is also responsible for charges incurred by users paging company when used in conjunction with MapleNet, Inc.
i. User agrees to pay MapleNet, Inc. all charges relating to the use of User's account(s) according to rates and prices stated on said sales order at the time of commencement, INCLUDING A ONE-TIME SIGN-UP FEE.
j. User is responsible for charges at the time the service is used and MapleNet, Inc. may apply the amount due to User's account at any time.
k. MapleNet, Inc. reserves the right to change prices on 30 days notice published Online.
l. MapleNet, Inc. reserves the right to suspend access to service for User's account(s) upon an indication of credit problems including delinquent payments.
m. The MapleNet, Inc. service is provided on an "as is, as available" basis. No warranties, expressed or implied, including, but not limited to, those of merchantability or fitness for a particular purpose, are made with respect to MapleNet, Inc. or any information or software therein. This in no way includes any reimbursement for losses of income due to disruption of service by MapleNet, Inc. or its providers.
n. Neither MapleNet, Inc. nor its Information Providers are responsible for any damages arising from User's use of MapleNet, Inc. or by User's inability to use MapleNet, Inc. service.
o. MapleNet, Inc. reserves to right to change without notice the MapleNet, Inc. service, including, but not limited to, access procedures, hours of operation, menu structures, commands, documentation, vendors and services offered.
p. You also understand and agree that the ISP Services may include localized advertisements, which helps support the enhanced services we offer to all customers. You may opt out of localized advertising services by sending an email to [email protected]
q. MapleNet, Inc. is not responsible for User's personal files residing on MapleNet, Inc. User is responsible for independent backup of his/her data stored on MapleNet, Inc.
r. MapleNet, Inc. reserves the right to delete User's personal files after one or both parties terminates agreement.
s. MapleNet, Inc. reserves the right in its sole discretion to delete any information entered into MapleNet, Inc. by User. MapleNet, Inc. and its authorized representatives shall have the right, but shall not be obligated, to edit publicly viewable information.
t. User hereby agrees that any material submitted for publication on MapleNet, Inc. through user's account(s) does not violate or infringe any copyright, trademark, patent, statutory, common law or proprietary rights of others, or contain anything obscene or libelous. Software intended to facilitate any such violations or infringements may not be stored on MapleNet, Inc.'s system.
u. MapleNet, Inc., at its sole business judgment, may terminate this Agreement immediately or suspend User's access to the service upon any breach of this Agreement by User, including, but not limited to, refusal or failure to pay for services provided or by sole judgment of MapleNet, Inc. that User may be performing activities harmful to MapleNet, Inc. or its users, employees, vendors, business relationships or any other users of the Internet.
v. The following violations of "netiquette" are grounds for immediate suspension of service pending investigation by MapleNet, Inc. and will result in termination of the account(s) which the investigation determines to have originated or transmitted these types of traffic. Sending unsolicited mass e-mailings (i.e., to more than 25 users) which provoke complaints from the recipients. Engaging in either (a) or (b) from a provider other than MapleNet, Inc. and using an account on MapleNet, Inc. as a mail drop for responses. Continued harassment of other individuals on the Internet after being asked to stop by those individuals and by MapleNet, Inc. Impersonating another user or otherwise falsifying one's user name in e-mail, Usenet postings, on IRC, or with any other Internet service. (This does not preclude the use of nicknames in IRC or the use of anonymous remailer services.) Use of IRC "bots" on MapleNet, Inc., whether on our IRC server or any other. Such software may not be stored on MapleNet, Inc.
w. Users whose accounts are terminated for any of the above infractions are also responsible for the cost of labor to cleanup and respond to complaints incurred by MapleNet, Inc. plus the cost of restoring MapleNet, Inc.'s good name.
x. This document and the rights and duties of the parties shall be governed by and interpreted according to the laws of the State of Indiana.
y. MapleNet, Inc. may modify these terms and conditions upon notice published Online via MapleNet, Inc. User's use of MapleNet, Inc. services after such notice shall constitute User's acceptance of the modifications to this Agreement.
z. Non-enforcement of any section of this Agreement does not constitute consent and MapleNet, Inc. reserves the right to enforce this Agreement at its sole discretion.
aa. If any one or more paragraphs in this Agreement is found to be unenforceable or invalid, User's and MapleNet, Inc.'s agreement on all other paragraphs shall remain valid.
bb. Monthly fees must be paid on a timely basis to maintain User's privileges. Monthly dues charges will continue regardless of your use unless and until you notify us in writing that you wish to cancel your services, which you may do at any time, unless bound by a specific term or agreement. Payments due on accounts more than 10 days late may be summarily closed.
cc. When paying by check, User expressly authorizes MapleNet, Inc. to debit User's checking account for the amount of a check returned unpaid by User's bank, plus up to a $25 returned check fee.
dd. The User is in default of this Contract if: a) Any User covered by this contract fails to obey any present or future MapleNet, Inc. rule or regulation; or b) We do not receive a monthly payment on or before its due date; or c) Any material statement by the User in this contract is false.
ee. Failure to use this account(s) does not relieve the User of payment obligations, except as specifically provided in this contract.
ff. In the event the User defaults on this contract, MapleNet, Inc. may suspend or revoke the User's privileges and the User may have to reapply for service at the price MapleNet, Inc. is charging to new members. The User agrees to pay MapleNet, Inc.'s reasonable attorney's fees and court costs, where permitted, in collecting the amount remaining in the User's contract as stated in the sales order.
gg. Communication systems are subject to degradation of service from phenomena such as so-called "Line-Noise" interference and other causes beyond the reasonable control of MapleNet, Inc.
hh. MapleNet, Inc. may assign this order, its rights hereunder and its ownership of said service and commitment at anytime without notice.
ii. Customer may not cancel orders placed in accordance with the provisions of this agreement. In addition to any price specified herein, User shall pay the gross amount of any present or future sales, use, excise, value added or other similar taxes applicable to the price, sales or delivery of any products or services furnished hereunder or to their use by customer.
jj. MapleNet, Inc. reserves the right to terminate or change priority of any process started by said User.
kk. MapleNet, Inc. reserves the right to collect damages (software, hardware & man hours) if any harm is done to MapleNet, Inc. which requires repair or reconfiguration of any kind.
ll. MapleNet, Inc. is not responsible for E-mail stored on the MapleNet mail servers. Mail should be periodically POP'ed from the servers and not stored or saved on the MapleNet mail servers.