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Customer agrees to purchase Internet Access Services from I5 NETWORK SOLUTIONS. The services provided are listed on the attached Service Agreement and the prices to be paid by the Customer are listed on the attached Service Agreement. I5 NETWORK SOLUTIONS agrees to allow Customer to connect computing facilities at Customerís Service Address to the I5 Net to connect to the Internet in accordance with the terms of this agreement. I5 NETWORK SOLUTIONS provides services to the Customer for the sole use of the Customer and the Customer agrees not to resell Internet Access Services.

 

I5 NETWORK SOLUTIONS will bill the Customer for services on a monthly basis. The initial bill may include non-recurring installation charges. Bills are due and payable within fifteen (15) days of receipt of invoice by the Customer. Payments will be submitted in advance of receiving services and will be in accordance with the standard billing procedures set forth by I5 NETWORK SOLUTIONS. Customer will be subject to a late payment fee of 10% of the monthly fee or $15.00 whichever is greater if a payment is 5 days or more late.

     

Customer agrees to use I5 NETWORK SOLUTIONS Access Services only for lawful purposes. Transmission of any material in violation of any US or state regulation is prohibited. This includes but is not limited to copyrighted material, material legally judged to be threatening or obscene, or material protected by a trade secret.

 

Customer agrees to indemnify and hold harmless I5 NETWORK SOLUTIONS from any claims resulting from the Customerís use of the service that causes direct or indirect damage to the account holder or another party. Customer agrees to indemnify and hold harmless I5 NETWORK SOLUTIONS from any and all lawsuits, judgments, decrees, costs and expenses, any attorney fees arising from the customerís use of the services provided by I5 NETWORK SOLUTIONS. The indemnification includes costs, reasonable attorneyís fees and other expenses of I5 NETWORK SOLUTIONS related to such claims.

     

Customer agrees that I5 NETWORK SOLUTIONS has no liability for damages to Customerís personnel or equipment while located at the I5 NETWORK SOLUTIONS premises, other than damages attributable to the willful misconduct by I5 NETWORK SOLUTIONS.

     

This agreement and the attached terms and conditions supercede all previous representations, understandings or agreements and shall prevail not withstanding any variance with terms and conditions of any order submitted.

     

Customer agrees to comply with the rules and regulations appropriate to any network that is being accessed through I5 NETWORK SOLUTIONS. Any attempts to break security, run password crackers or to access another persons account will result in termination of Customerís account without notice and Customer will be subject to any applicable termination charges as specified in paragraph 10 below (Termination Liability).

 

I5 NETWORK SOLUTIONS exercises no control whatsoever over the content of the information passing through its network. The Customer is aware that the information that is available or obtainable from I5 NETWORK SOLUTIONS or interconnecting networks may not be valid or accurate. I5 NETWORK SOLUTIONS makes no warranty of any kind, either expressed or implied, regarding the quality, accuracy, or validity of the data and/or information residing on or passing through any networks. Use of any information obtained from or through services provided by I5 NETWORK SOLUTIONS will be at Customerís own risk.

     

In the event that a Customer fails to keep an installation appointment, I5 NETWORK SOLUTIONS may charge Customer a fee to recover its related costs, not to exceed 50% of the installation costs. I5 NETWORK SOLUTIONS shall use commercially reasonable efforts to provide installation and maintenance functions for its services. I5 NETWORK SOLUTIONS shall not be responsible for service issues concerning a Customerís computer or related software. Customer acknowledges and understands that the lack of facilities or other operational impediments may preclude or delay I5 NETWORK SOLUTIONS actual installation of service.

     

Termination Liability - Except as stated below (Termination Without Liability), a customer who terminates the agreement prior to the end of the agreed term (whether initial or renewal), may be liable for any or all of the following termination charges:

 

Base Termination Charge Ė an amount equal to the monthly usage commitment multiplied by the number of months remaining on the initial or renewal term or $250, whichever is greater. Termination liability is billed in one lump sum.

     

Promotional Termination Charge Ė an amount equal to any promotional credit, discount, or fee waiver (if applicable) provided to the customer. Termination liability is billed in one lump sum.

 

Termination Without Liability - A customer may terminate this Agreement without liability under either of the following conditions:

 

Customer requests, and remains on, a new I5 NETWORK SOLUTIONS agreement with a term equal to or greater than the number of months remaining on the Customerís existing term plan.

 

A new Customer of I5 NET (who was not receiving services through I5 NET prior to the execution of this Agreement) provides written notification to I5 NET, postmarked within thirty (30) days after the initial installation of service, to cancel the Agreement. The new Customer is responsible for payment for  services used through the date upon which service is terminated.
 

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