Effective Date: 1-1-2000
Service Agreement 1.0 preempts all prior versions
Your use of Belnet constitutes your acceptance of the terms and conditions of this Agreement and of the Acceptable Use Policy.
Section 1 -- General
This Agreement between Belnet Internet Strategies, Incorporated and Customer is made effective on the date that Customer's Belnet Account is enabled.
1.1 Definitions -- Throughout this Agreement, the term "Account" shall mean Customer's Belnet Internet access service ID and billing account. The term "Agreement" shall mean this Agreement as it exists on the effective date as stated above, and as periodically modified by Belnet. The terms "Customer," "You" and "Your" shall mean the individual whose name appears in Belnet's files as the Account holder. Customer must be over the age of 18, and may not be a firm, business or institution without the express prior permission of Belnet. Enrolling or using an Account under a name other than Your own is prohibited. The term "Belnet" shall mean Belnet, Incorporated, with its mailing address at 9159 Sugarbrook Court, Centerville, OH 45458. The terms "Belnet" and "Service" shall mean the Belnet Internet access service.
1.2 Modifications to this Agreement -- You agree that Belnet may change the terms and conditions of this Agreement at any time, including the prices charged for all services provided, and You agree to be bound by such changes effective on the date such changes are published on-line on the Service's home page. You understand and agree that continued use of the Service after any such changes have been posted constitutes Your acceptance of the modified terms and conditions, whether or not You have actual knowledge of such modifications. In the event You do not agree with the modified terms and conditions of this Agreement, You may terminate Your Account as set forth below.
1.3 Belnet Assumes No Liability for Content -- You understand that Belnet exercises no control over and is not responsible for the content of information and other materials, in whatever form, accessed through the Service, regardless of the source or domain of such information and materials, including those residing on Belnet resources. You agree to hold Belnet, its officers, directors, employees, affiliates, agents, assigns and licensers harmless for damages caused by any access to any and all information and materials accessed through the Service.
Section 2 -- Term and Termination
2.1 Term -- This Agreement shall remain in effect until terminated by either party in accordance with this Section II.
2.2 Termination by Customer -- You may terminate this Agreement at any time by canceling Your Account in writing at least 30 days from the original time of activation as set forth in Section 8.1, Notices. Accounts will be terminated at the end of the billing period following Belnet's receipt of such written request. You are responsible for all fees incurred up to the date of termination, in accordance with the terms of this Agreement.
2.3 Termination by Belnet -- Belnet may immediately terminate this Agreement and Your Account at any time for any reason or no reason. In the event that Belnet terminates this Agreement other than for Your breach of this Agreement, You will receive a refund for any prepaid but unused time.
2.4 Customer Must Provide Belnet with Updated Account Information -- You understand that Belnet may occasionally request updated customer information from You, and You agree to provide such information to Belnet upon its request. You shall notify Belnet in writing as set forth in Section 8.1, Notices of any changes in Your customer information, such as mailing address, telephone number or credit card number or expiration date.
Section 3 -- Fees and Billing
3.1 Fees Due in Advance -- Belnet will provide You with Services as defined herein on its host computing systems in exchange for payment of the fees set forth in the Credit Card Consent Form and as modified by Belnet from time to time. You are responsible for the payment of all sales, use or other taxes imposed on the Services. Monthly fees including all taxes are due in advance on or before the first day of each month.
3.2 Delinquent Accounts are Placed on Accounting Hold -- Accounts that are delinquent by two weeks or more are placed on "accounting hold" and may not be used until payment is made in full. Accounts that remain unpaid for one month automatically have their files removed from the system and archived. Accounts that remain unpaid for two months have their files purged, and the files become non recoverable. Your Account shall continue to accrue charges while in accounting hold status. You understand and agree that there will be a service reconnection charge equal to one half of the currently charged set-up fee in addition to payment of all delinquent fees to remove a delinquent Account from accounting hold status.
Section 4 -- Services Provided
4.1 Scope of Services -- Services include computing, telecommunications, software and information services that are provided by Belnet from time to time, including access to the Internet.
4.2 Service Exclusions -- Services do not include and Belnet does not provide the following: a) facilities for secure private communications or data storage; and b) equipment, devices and front end access, or "browsing" software to access the Services. Belnet may, at its option, provide You free of charge with access to shareware commonly available on the Internet. You agree to assume responsibility for registering such shareware in accordance with the instructions provided. Belnet does not grant a license to use any shareware and You assume all liability for use of such shareware.
4.3 Service Enhancements -- You understand and agree that any enhancements or improvements to the Services will be made available to You at fees that will be determined by Belnet, and such enhancements and improvements may not be automatically included in the fee that You are currently paying under this Agreement, except in Belnet's sole discretion.
4.4 Belnet Reserves the Right to Restrict Services -- Belnet may at any time, without notice or liability, change, eliminate or restrict any portion of the Service. Use of the Service, and of specific access telephone numbers, is subject to interruptions at Belnet's discretion or beyond Belnet's control.
Section 5 -- Conditions of Use and Abuse of Services
5.1 Account Passwords and Account Sharing -- You agree to maintain and frequently change a secure password to the account. You understand that Your Account is for Your use only. You agree not to share Your Account password or to otherwise allow use of Your Account by others, including without limitation family members or business associates. You agree to assume full liability for all such use of Your Account.
5.2 Breach of Account Security -- You must promptly notify Belnet if You suspect any breach of Account security, such as loss, theft or unauthorized disclosure of the Account password. Until Belnet is notified of such a breach of security, You shall remain liable for any unauthorized use of Your Account.
5.3 Conduct -- You agree to use the Services only as permitted by applicable local, state, federal and international laws, including without limitation the Export Administration Act and the Arms Export Control Act and associated regulations. You agree not to use the Services to conduct any business or activity or solicit the performance of any activity that is prohibited by law. Any use of the Services that disrupts the normal use of the Services for other Belnet customers or otherwise compromises Belnet computing resources in any way, including without limitation the release of any computer virus, shall be an abuse of the Services hereunder. Belnet may immediately terminate Your Account in the event of such abuse, and You agree to assume full liability for all damages caused by such abuse.
You further agree to refrain from the following activities: a) multiple posting of the same message to many Usenet newsgroups for commercial or other purposes (a practice commonly known on the Internet as "spamming"); and b) multiple, unsolicited electronic mail messages.
You agree to post advertisements only where appropriate (for example, in biz, for.sale and other venues that specifically encourage or allow advertising).
You agree to be aware of and observe the Internet rules of etiquette, including without limitation respecting the conventions of newsgroups, lists and networks to which You are posting, including rules that may be more restrictive than those specifically stated in this Section V. You understand and agree that Belnet reserves the right to monitor Your activities on Belnet, excluding private electronic messages except as permitted or required by law, to determine whether You are observing the Conditions of Use set forth in this Section V. Belnet reserves the right to prohibit conduct, communication or content which it deems in its sole discretion to be harmful to individual customers, other third party rights or to violate any applicable law.
5.4 Acceptable Use Policy - You accept the terms and conditions of the Belnet Acceptable Use Policy (AUP).
Section 6 -- Indemnification and Limitation of Liability
6.1 Indemnification -- YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. YOU AGREE TO INDEMNIFY AND HOLD Belnet, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, ASSIGNS AND LICENSERS HARMLESS FROM ANY LOSS, CLAIM, DAMAGE, COST OR EXPENSE, INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEYS FEES AND COSTS, THAT Belnet, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, ASSIGNS AND LICENSERS MAY INCUR ARISING OUT OF OR RELATED TO YOUR USE OF ANY Belnet SERVICES.
6.2 Services Provided "As Is" -- THE SERVICES ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, AND Belnet MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED FOR THE SERVICES PROVIDED HEREUNDER OR OTHER SERVICES THAT YOU MAY ACCESS. YOU UNDERSTAND AND AGREE THAT Belnet SHALL NOT BE RESPONSIBLE FOR ANY LOSSES OR DAMAGES RESULTING FROM DELAYS, NON DELIVERIES, MISDELIVERIES, SERVICE INTERRUPTION, SERVICE QUALITY OR YOUR ERRORS OR OMISSIONS.
6.3 Limitation of Liability -- Belnet's MAXIMUM LIABILITY FOR ANY DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT, FOR WHATEVER REASON, SHALL BE LIMITED TO THE EQUIVALENT OF THE SERVICE FEES PAID BY THE CUSTOMER FOR ONE MONTH. CUSTOMER'S SOLE AND EXCLUSIVE REMEDY AGAINST Belnet FOR ANY BREACH OF THIS AGREEMENT OR OTHER LIABILITY ARISING HEREUNDER SHALL BE TO ASSERT A CLAIM FOR MONEY DAMAGES NOT IN EXCESS OF THE FOREGOING LIMITED MAXIMUM LIABILITY. IN NO EVENT SHALL Belnet BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT, EVEN IF INFORMED OF THE POSSIBILITY THEREOF. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES Belnet's LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
6.4 Exclusion of Implied Warranties -- IT IS EXPRESSLY UNDERSTOOD AND AGREED BY BOTH PARTIES THAT Belnet SHALL IN NO WAY BE DEEMED OR HELD TO BE OBLIGATED, LIABLE, OR ACCOUNTABLE UPON OR UNDER ANY GUARANTIES OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION (1) ANY WARRANTIES AS TO THE AVAILABILITY, ACCURACY OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES; (2) WARRANTIES OF TITLE; (3) THE WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE STATUTORY, BY OPERATION OF LAW, OR OTHERWISE, IN ANY MANNER OR FORM, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY Belnet, INCORPORATED, ITS EMPLOYEES, AGENTS, LICENSERS OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE.
Section 7 -- World Wide Web Home Page Customers
7.1 World Wide Web Home Page -- If You use your Account to create a home page on the World Wide Web ("Home Page"), the following restrictions apply in addition to the remaining terms and conditions of this Agreement. You agree to assume full liability for all content loaded to Your Home Page, and for all technical support of Your Home Page. Belnet will provide You with technical support at an additional fee upon request. You are responsible for clearing the name of Your Home Page for use so that it does not infringe on others' trademarks and service marks. You agree to refrain from loading information or content to Your Home Page in any form or medium that is either prohibited by local, state, federal or international law, encourages conduct that would be a criminal offense, is defamatory or impersonates another living person, or is in any other way harmful, threatening, vulgar, obscene, profane, hateful, abusive or racially or ethnically objectionable. You may only upload information and content to Your Home Page that is not subject to copyright, trademark or other proprietary rights protection, or content for which the author has given express authorization for on-line distribution. You understand and agree that Belnet reserves the right to monitor Your Home Page and to discontinue access to Your Home page for any breach of this Agreement.
Section 8 -- Miscellaneous
8.1 Notices -- All notices to Belnet under this Agreement shall be in writing and delivered in one of three ways: (a) electronic mail to the Belnet systems manager (accessed through the home page); (b) facsimile to Belnet at (937) 291-9775; or (c) U.S. mail at Belnet, 9159 Sugarbrook Ct., Centerville, OH 45458. All notices to You shall be in writing either posted on the Belnet home page (available to the general public); sent via electronic mail to Your Belnet Account; or sent via U.S. mail to the address appearing on Your Credit Card Consent form or as updated by Your from time to time.
8.2 Customer Shall not Use Belnet Name -- You shall not use the name, trade name, service marks, trademarks, trade dress, logos, copyrighted works, or other proprietary material of Belnet or its affiliates without Belnet's prior written consent.
8.3 Agreement and Account Not Assignable -- You will not assign this Agreement or Your Account, in whole or in part.
8.4 Course of Dealing -- No course of dealing between You and Belnet, or any failure or delay on the part of Belnet in exercising any rights or remedies hereunder, shall operate as a waiver of any rights or remedies of Belnet. No single or partial exercise of any rights or remedies hereunder shall operate as a waiver or preclude the exercise of any other rights or remedies hereunder.
8.5 Severability -- If any provision or provisions of this Agreement are held to be invalid, illegal or unenforceable, the validity, legality or enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
8.6 Agreement Construed Under Ohio Law -- This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Ohio.
8.7 Copyright and Trademark -- All material on the Belnet home page is either copyrighted or trademarked. You may not reproduce or redistribute such material, in whole or in part, in any manner, without the prior written permission of Belnet.
8.8 Entire Agreement -- This Agreement constitutes the entire agreement between the parties and may only be modified as set forth herein.