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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 Customer’s 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 Customer’s 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 customer’s use of the services provided by I5 NETWORK SOLUTIONS.
The indemnification includes costs, reasonable attorney’s fees and other
expenses of I5 NETWORK SOLUTIONS related to such claims. |
 | Customer agrees that I5 NETWORK SOLUTIONS has no liability for damages to
Customer’s 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 Customer’s 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 Customer’s
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 Customer’s 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 – 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 – 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
Customer’s 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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