HTC - SERVICE AGREEMENT & USE POLICY
The following terms and conditions govern htcnet.org provision of Internet Access Services to the customer. If the Services are, or become subject to, a tariff filed with the Federal Communications Commission or any other regulatory institution "Tariff", the terms and conditions of such Tariff, including rates shall govern Customer's use of the Services.
Upon notice published over the system, htcnet.org may modify this agreement, System Policies, or Prices. htcnet.org may eliminate or revise any or all other aspects of the System at its sole discretion, and without prior notices.
In no event shall htcnet.org be liable for exemplary, punitive, indirect or consequential damages, even if advised of the possibility of such damages, in any manner arising out of this Agreement.
Customer is responsible for and must provide all necessary equipment to access htcnet.org. Customer is also responsible for installation of browser software and configuration of all file servers and computer systems that are to have Internet access. Software installation and configuration can by done by customer's support staff or by customer's computer consultant or service organization.
Customer will pay any monthly fees, extra time charges, and other charges incurred by Customer or its designated users at the rates in effect for the billing period in which those charges are incurred. Customer shall pay all applicable sales and use taxes relating to its and the user's use of htcnet.org. Returned checks will be charged a reasonable fee of pecuniary penalty permitted by laws.
Customer is responsible for all toll charges, including but not limited to those for long-distance calls, required to access the htcnet.org system.
Customer agrees that htcnet.org has the right to delete all data, files or other information that is stored in the Customer's account if the Customer's account with htcnet.org is terminated, for any reason, by either htcnet.org or the Customer.
This Agreement will become effective on the date the service application is entered into htcnet.org's system. htcnet.org, at its sole discretion, may terminate this Agreement immediately or suspend Customer access to the service upon any breach of this Agreement by Customer. Customer is responsible for notifying htcnet.org of Customer wish to terminate Customer's account if desired. Charges will continue to accrue until Customer notification to htcnet.org of account termination, or until Customer's account is cancelled due to non-payment. If Customer account is cancelled due to non-payment, Customer will be in default and subject to any and all late fees and collection fees payable by Customer under this agreement. Licenses granted hereunder will terminate automatically if Customer fails to comply with the limitations described herein. Upon termination, Customer must destroy all copies of the software and documentation.
All dedicated connections assume a minimum one-year circuit term. All dedicated connections have an automatic annual renewal unless htcnet.org receives no less than 30 day written notification before the end of the circuit term. Early termination penalties are applicable. Additional DSL Terms of Service apply.
Except as expressly permitted by htcnet.org Operating Policy, neither Customer nor its designated users may reproduce, re-transmit, redistribute, commercially exploit or otherwise transfer, any information which they receive through htcnet.org.
Federal and state law prohibits the unauthorized use of materials which are the subject of copyright, trademarks, trade secrets and other rights of third parties. Accordingly, the customer may be subject to liability due to uploading, downloading or use of such materials in violation of applicable laws and regulations. Use of the Internet is solely at the customer's responsibility. To minimize potential liability, htcnet.org recommends that the customer practice common sense and net etiquette when using the Internet. Review carefully what is posted and what is uploaded or downloaded. The rules of net etiquette are straightforward and useful in determining what may be posted or copied.
CUSTOMER EXPRESSLY AGREES THAT USE OF THE SERVICE WHICH INCLUDES THE CONTENTS THEREOF AND ANY STORAGE OR USE OF INFORMATION, IS AT CUSTOMER'S SOLE RISK. NEITHER htcnet.org NOR ANY OF ITS EMPLOYEES, OR AGENTS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; THE SERVICE IS DISTRIBUTED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. NEITHER htcnet.org NOR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, AND DELIVERING THE SERVICE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICE OR INABILITY TO USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY. THE PROVISIONS OF THIS PARAGRAPH WILL SURVIVE ANY TERMINATION OF THIS AGREEMENT.