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This
Internet Services Provider Agreement (the "Agreement") is between
you (as "Subscriber") and Terranouvs.net Inc., a corporation organized
under the laws of Florida with a principal place of business at
4325 Sun 'N Lake Blvd., Suite 101, Sebring, FL., 33872. ("Terranovus.net").
By agreeing below, you signify your agreement to the terms and conditions
set forth in this Agreement.
1. Grant of
Rights Upon Terranovus.net's receipt from you of a written order
for any Internet access services provided by Terranovus.net, including,
without limitation, e-mail, web site hosting, newsgroups, bulletin
board services, and any other services which Terranovus.net may
offer (collectively, the "Service"), Terranovus.net grants you a
non-exclusive, non-transferable, limited right to access, use and/or
display the Service on any computer(s) of which you are the primary
user. An account for the Service may not be transferred to another
party or entity without prior written approval from Terranovus.net,
and any such transfer of an account for the Service is subject to
any limits established by Terranovus.net.
2. Content
You recognize that you are solely responsible for the content of
any information you make available by means of the Service, including,
without limitation, by posting on a web site or in e-mail, or in
a bulletin board service. Terranovus.net has the right to monitor
the content which you or other users make by means of the Service,
but shall have no obligation to do so. You agree that if Terranovus.net,
in its sole discretion, deems any content made available by you
to be unlawful, fraudulent, unacceptable, offensive, obscene or
otherwise objectionable, Terranovus.net has the right, but not the
obligation, to remove or deny access to such content. You expressly
agree that Terranovus.net shall not be liable to you for any action
Terranovus.net takes to remove or restrict access to such material,
nor for any action taken to restrict access to material posted in
violation of any law, regulation or rights of a third party, including,
but not limited to, rights under the copyright law and prohibitions
on libel, slander and invasion of privacy. Terranovus.net has the
right to take all reasonable actions to remove or restrict access
to any such material, including restriction, suspension or termination
of your access privileges to the Service and/or deletion of the
objectionable material.
3. Proprietary
Materials Material accessible to you through the Service may be
the subject of intellectual property rights of third parties, including,
without limitation, patents, copyrights, trademarks and trade secrets.
Except as expressly permitted by the owner of such rights, you may
not reproduce, redistribute, retransmit, publish or otherwise transfer,
or commercially exploit, any such material.
4. Prohibited
Uses
(a) You expressly
agree not to use the Service in a manner that is prohibited by any
law or regulation, or to facilitate the violation of any law or
regulation. You acknowledge that prohibited conduct includes, but
is not limited to, use of the Service to invade the privacy of third
parties, impersonation of Terranovus.net personnel or other parties
or entities, transmitting abusive, profane, libelous, slanderous,
threatening or otherwise harassing material via e-mail, USENET,
chat services bulletin boards or your personal web page(s). You
also agree not to use the Service to (i) solicit other members to
patronize services; (ii) violate the security of the Service; or
(iii) attempt to utilize another user's account name or persona
without authorization from that user.
(b) You agree
not to use the Service or any electronic mail address provided to
you in connection with the sending of the same or substantially
similar unsolicited electronic mail message, whether commercial
or not, to a large number of recipients. You agree not to send unsolicited
mass mailings from another service that in any way implicates the
use of the Service, Terranovus.net equipment or any electronic mail
address provided by Terranovus.net. For purposes of this provision,
merely making one's e-mail address accessible to the public shall
not constitute a request or invitation to receive messages. For
each violation by you of this provision, you agree to pay Terranovus.net
damages to compensate for the lost goodwill such a violation causes,
but, where warranted, such as in the case of an accidental transmission,
Terranovus.net may waive all or part of any applicable charge. Payment
by you under this provision shall not prevent Terranovus.net from
seeking to obtain other legal remedies against you, including other
damages or an injunction.
5. System Resources
(a) You acknowledge
that Terranovus.net shall not provide more than 50 MB of electronic
mail storage per e-mail account and that you are responsible
for compliance with this limit. You expressly agree that Terranovus.net
shall not be liable to you or any third party for any damages
resulting from any reasonable action Terranovus.net takes to
enforce this provision, including, without limitation, deleting
materials from your storage space.
(b) You acknowledge
that you may not use the Service to operate server programs, including,
but not limited to, mail servers, IRC servers, ftp servers or web
servers. You agree to disconnect from the Service when not actively
using the Service and you further agree not to use any technology,
method or device to otherwise maintain a constant connection with
the Service.
6. Charges
and Payment
(a) You are
responsible for all charges associated with connecting to the Service,
including, without limitation, all telephone access lines, telephone
and computer equipment necessary to access the Service.
(b) You are
responsible for all activities and charges resulting from use of
the Service. You agree to pay all monthly membership fees, connect
time charges, surcharges, applicable taxes and other charges you
incur regarding the Service at Terranovus.net's price schedule as
in effect from time-to-time and as posted on Terranovus.net's web
site at www.terranovus.net.
(c) In the event
of a breach of security, you will remain liable for any unauthorized
use of your account for the Service until you notify Terranovus.net
by calling Terranovus.net Customer Service at (863) 471-1183.
(d) Terranovus.net
reserves the right to increase fees, surcharges, and monthly membership
fees or to institute new fees at any time upon thirty (30) days
prior notice. Terranovus.net may reduce these fees at any time without
notice to you. In the event that your account for the Service is
terminated or canceled, online time credited to your account is
not convertible to cash or other form of credit. Terranovus.net
shall provide you with a monthly invoice for the Service. In the
event that Terranovus.net fails to provide you with a monthly invoice,
your responsibility to pay us for services rendered under this agreement
remain in effect.If Terranovus.net does not receive the full amount
due under each invoice for the Service on the start of service or
of the anniversary date, your account will be automatically terminated,
and be subject to a $2.00 dollar reconnection fee. You shall also
be liable for all attorney and collection fees arising from Terranovus.net's
efforts to collect any unpaid balance of your account(s).
(e) In the event
of a returned check for insufficient funds, you will be assessed
a $15.00 returned check fee. This fee plus the amount of the outstanding
balance, plus any reconnect fees that may be applicable, must be
received by us before your account will be reconnected.
7. Cancellation
Cancellation of the service as well as the reason for cancellation
must be submitted in writing to Terranovus.net, Inc. 4325 Sun ‘n
Lake Blvd. Suite 101, Sebring, FL 33872 or e-mailed to cancellation@terranovus.net.
Cancellation
will be effective at the end of the current billing period in which
notice of cancellation is received. Upon cancellation, Internet
access service, and e-mail service will be terminated, and all files
stored on Terranovus.net servers will be deleted.
8. User Information
(a) You certify
to Terranovus.net that you are not a minor, i.e., that you are at
least eighteen (18) years of age; provided, however, that a minor's
parent or legal guardian may authorize a minor to use his/her account(s)
under supervision of the parent or guardian.
(b) For purposes
of identification, billing and marketing, you agree to provide Terranovus.net
with accurate, complete, and updated information required by the
registration to the Service ("Registration Data"), including your
legal name, address, telephone number(s), and applicable payment
data (e.g., credit card number and expiration date). You agree to
notify Terranovus.net within fourteen (14) days of any changes in
your Registration Data. Failure to comply with this provision may
result in immediate suspension or termination of your right to use
the Service.
(c) You are
solely responsible for maintaining the confidentiality of your passwords,
and agree that Terranovus.net will have no obligations with regard
thereto.
(d) Terranovus.net
reserves the right to reveal any Registration Data or other information
in its possession regarding users of the Services in cooperation
with a request or investigation by any governmental body or governmental
agency.
9. No Expectation
of Privacy You acknowledge that transmissions made by means of the
Service are not confidential and that your communications may be
read or intercepted by others. You acknowledge that by transmitting
materials by means of the Service, no confidential, fiduciary, contractually
implied or other relationship is created between you and Terranovus.net.
10. Warranty
and Indemnification You represent and warrant to Terranovus.net
that you will not transmit by means of the Service any materials
of any kind which (i) violate, plagiarize, or infringe on the intellectual
property or contractual rights of any third party; (ii) are exported
in violation of any law, rule, or regulation governing exports from
the United States; (iii) contain libelous, defamatory, obscene,
pornographic, abusive or otherwise unlawful material; (iv) contain
software viruses or any other malicious code designed to interrupt,
destroy or limit the functionality of any computer software or hardware
or telecommunications equipment. You further represent and warrant
to Terranovus.net that your use of the Service will at all times
comply with all applicable laws, rules, and regulations. You hereby
agree to indemnify, defend and hold harmless Terranovus.net and
its employees, licensers, independent contractors, providers, subsidiaries
and affiliates (collectively, the "Affiliates"), from and against
any and all liability and costs (including reasonable attorneys'
fees) incurred by the Affiliates in connection with any claim, whether
or not successfully asserted, arising out of any breach by you of
the foregoing representations, warranties and covenants, or any
other representation, warranty, or covenant provided by you under
this Agreement. You shall cooperate as fully as reasonably required
in the defense of any claim. Terranovus.net reserves the right,
at its own expense, to assume the exclusive defense and control
of any matter otherwise subject to indemnification by you and you
shall not in any event settle any matter without the written consent
of Terranovus.net.
11. DISCLAIMER
OF WARRANTY THE SERVICE (INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS,
MATERIALS AND INFORMATION ACCESSED BY ANY MEANS THEREOF) IS PROVIDED
AS IS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES
OF NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, TERRANOVUS.NET
MAKES NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF THE SERVICES,
INCLUDING, WITHOUT LIMITATION, ANY INTERRUPTION OF OR ERROR IN THE
SERVICES UNDER ANY CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO,
TERRANOVUS' NEGLIGENCE.
12. LIMITATION
OF LIABILITY UNDER NO CIRCUMSTANCES SHALL TERRANOVUS.NET BE LIABLE
FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY
RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SERVICES, EVEN
IF TERRANOVUS.NET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY
NOT APPLY TO YOU. IN NO EVENT SHALL TERRANOVUS.NET'S TOTAL LIABILITY
TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE TOTAL
AMOUNT OF FEES RECEIVED BY TERRANOVUS.NET FROM YOU FOR THE SERVICE.
13. Termination
In addition to any other rights of the parties set forth herein,
either you or Terranovus.net may terminate this Agreement at any
time upon written notice. Terranovus.net also reserves the right
to restrict, suspend or terminate the Services in whole or in part,
without notice, with respect to any breach or threatened breach
of Sections 3 or 4, or based on a breach of any of your warranties
set forth in Section 9, or if you fail to pay any invoice within
thirty (30) days of the date such invoice is sent. If Terranovus.net
terminates your membership pursuant to this Section 12, Terranovus.net
reserves the right to deny access to the Service in whole or in
part, including, without limitation, removing your web site from
the Terranovus.net server, and to refuse to provide the service
to you following such termination.
14. Modifications
to Agreement Terranovus.net has the right to modify this Agreement.
Any modification is effective immediately upon either a posting
on the Terranovus.net web site at www.Terranovus.net, or upon notice
to you by electronic mail, or U. S. mail. Your continued use of
the Service following notice of any modification to this Agreement
shall be conclusively deemed an acceptance of all such modification(s).
Your only right with respect to any dissatisfaction with any modifications
made pursuant to this provision, or any policies or practices of
Terranovus.net in providing the Service, including, without limitation,
(i) any change in the content of the Service, or (ii) any change
in the amount or type of fees for the Service, is to terminate the
Service by delivering notice to Terranovus.net. Such notice will
be effective upon receipt by Terranovus.net.
15. General
This Agreement constitutes the entire agreement between you and
Terranovus.net with respect to the Service and supersedes all prior
agreements between you and Terranovus.net. Failure by Terranovus.net
to enforce any provision of this Agreement shall not be construed
as a waiver of any provision or right. Interpretation and enforcement
of this agreement shall be governed by the laws of the state of
Florida (excluding its choice of law rules). You consent to personal
jurisdiction and venue in the federal and state courts of Highlands
County, Florida for any action arising out of or relating to your
use of the Service. Such federal and state courts shall have exclusive
jurisdiction over all such actions. In any such action, the prevailing
party shall be entitled to recover all legal expenses incurred in
connection with the action, including, but not limited to, its costs,
both taxable and non-taxable, and reasonable attorney's fees. In
the event that any portion of this Agreement is held unenforceable,
the enforceable portion shall be construed in accordance with applicable
law as nearly as possible to reflect the original intentions of
the parties, and the remainder of the provisions shall remain in
full force and effect.
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