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Service Agreement Rev. 3/23/03
Welcome to INTERMaX Networks, Inc. ("INTERMAX"). INTERMAX provides its Internet Service (the "Service") to you subject to the terms and conditions set forth below. We reserve the right to update these terms and conditions from time to time without notice.
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ACCEPTANCE OF TERMS AND CONDITIONS PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY Additionally, you shall be subject to any posted guidelines or rules applicable to the Service that INTERMAX provides. All such rules and guidelines are hereby incorporated by reference into the terms and conditions set forth below and form an agreement between the Service and you (the "Agreement"). This means that if you or anyone using the Service violates the terms and conditions, INTERMAX reserves the right to take appropriate action, including terminating your service with INTERMAX . 2.
DESCRIPTION OF SERVICE 3.
REGISTRATION OBLIGATIONS 4. INITIAL TERM OF SERVICE The initial term of this plan if from ______________________ to _______________________, after which time, service will be extended to a Subscriber in good standing on a “Month-To-Month” basis. During the initial term of this service agreement, price for Service provided will be $________ per ________, after which time INTERMAX may elect to change Service prices from time to time upon 30 days notice.
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ADDITIONAL ONLINE CHARGES
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PAYMENT TERMS
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CONTACT OR INQUIRIES
INTERMaX Networks, Inc. 5077 Building Center Drive Coeur d’Alene, ID 83815
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PRIVACY POLICY 9. SPAM, Unsolicited Email INTERMAX exercises a Zero Tolerance SPAM policy (the volume sending of unsolicited emails to promote a product, service or idea). Subscribers are specifically prohibited from sending SPAM emails from or through our systems. Any violation of this policy will result in the immediate termination of the service, with or without prior warning. Should INTERMAX decide to warn a Subscriber rather than terminating the service if the Subscriber is in violation of this policy, such action will not remove or infringe the right of INTERMAX to terminate the service for future violations without notice. Because general policies may not always account for every situation, INTERMAX reserves the right to make exceptions to this policy on a case-by-case basis. Any exceptions granted to this policy shall not remove or infringe the right of INTERMAX to administer this policy in the future. 10. OWNERSHIP All microwave radios, radio power supplies, ground blocks, and reflector dishes supplied by INTERMaX to the Subscriber under the terms of this agreement belong to INTERMaX. INTERMaX reserves the right to upgrade, modify, repair or replace INTERMAX owned radio equipment connected to our network at Subscriber site at any time, provided that any non-emergency site visits are during normal business hours or at mutually acceptable times. 11. ACCESS It is the responsibility of the Subscriber to provide reasonable access to equipment owned by INTERMAX. The Subscriber will notify INTERMAX Broadband of any problems with their Internet connection and will also exercise reasonable care for any equipment owned by INTERMAX and deployed on the Subscriber premises. The Subscriber will maintain confidentiality of their radio password to maintain security of the system. 12. SUBSCRIBER MISCONDUCT; NETWORK INTEGRITY INTERMAX reserves the right to control the frequency, access point, and approximate physical location of radio equipment connected to our network so that we can maintain the integrity and efficient operation of the network. A Subscriber who deliberately manipulates the location, aiming point, or radio operating frequency such that it adversely affects network operation will be in violation of this Service contract and may be subject to immediate termination of their subscription. 13.
SUBSCRIBER MISCONDUCT; INDEMNITY Subscribers agree not to use the Service to: a. Distribute lists to be used via unsolicited electronic mail or other mass electronic mailings including but not limited to: mass-newsgroup postings, SPAM and unsolicited email sent from your server, or any other service on the Internet, which contains your domain name or any other domain name on our network; b. Post, transmit or disseminate objectionable information, without limitation, constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, federal or international law, order or regulation; c. Access any other person's computer, software, or data of any other person without the knowledge and consent of such person; d. Service, alter, modify, or tamper with the Service or permit any other person to do the same that is not authorized by INTERMAX ; e. Restrict, inhibit or otherwise interfere with the ability of any other person to use or enjoy the Service, including, without limitation, posting or transmitting any information or software which contains a virus, lock, key, bomb, worm, Trojan horse or other harmful feature; or generating levels of traffic sufficient to impede others' ability to send or retrieve information. f. Disrupt INTERMAX's network; g. Resell the Service or otherwise charge others to use the Service, h. Use the Service in a way which is contrary to any other INTERMAX policy that may be posted by INTERMAX from time to time. Engaging in any of the activities listed above may result in immediate termination of this Agreement. You acknowledge and agree that INTERMAX has the right to monitor Content electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or governmental request to operate the Service properly, or to protect itself or its Subscribers. INTERMAX reserves the right to refuse to post Content or to remove any Content that violates the terms and conditions of Service herein. The Subscriber must evaluate and bear all risks associated with the use of any Content, including any reliance on that Content. 14. SUBSCRIBER INFORMATION a. Credit Inquiries. You authorize INTERMAX to make inquiries and to receive information about your credit history from others. b. Information Collection. You agree that INTERMAX may, from time to time, collect information concerning your use of the Service. INTERMAX will use such information solely to improve its service offering and will not share such information with other entities unless required to do so by law or court order. 15. CHANGES TO SERVICE Should the Subscriber’s service requirements or bandwidth usage exceed the limits or guidelines for the class of service purchased, then INTERMAX reserves the right to adjust the service plan and pricing accordingly, with prior notice to the Subscriber.
Example: If a Subscriber purchases a STANDARD service plan, which is subject to oversell, but then utilizes the bandwidth continuously, thereby eliminating the oversell capability, then INTERMAX reserves the right to change the Subscriber’s service plan and pricing to the equivalent “CIR” service. See the service plan descriptions for more details.
In any case, the Subscriber will receive prior notification of any change in Subscriber’s service plan. Subscriber will have the opportunity to either (1) correct the service plan violation or (2) approve the service plan change (3) terminate this contract according to the TERMINATION AND EXPIRATION provision of this agreement, or (4) become subject to a strict application of the service plan limits purchased. 16. TERMINATION AND EXPIRATION Either party may terminate this contract with 30 days advanced notice to the other party unless the Subscriber is in violation of the terms of this agreement, in which case the termination guidelines in the corresponding provision(s) of this agreement will prevail along with the following: If the Subscriber terminates this agreement before the scheduled termination date, then the Subscriber will be liable for 50% of the remaining subscription payments from the actual termination date to the scheduled termination date of this agreement. If the Subscriber terminates this agreement while using INTERMaX services on a “Month-To-Month” basis, Subscriber will receive a prorated rebate of any subscription fees paid in advance minus any subscription fees in arrears. If INTERMAX terminates this agreement because of an uncorrected Subscriber violation of any of the provisions in this agreement, then the Subscriber will be liable for 50% of the remaining payments from the actual termination date to the scheduled termination date of this agreement. If INTERMAX terminates this agreement while the Subscriber is in good standing and not due to any violations in the provisions of this agreement, then the Subscriber is liable for none of the remaining balance of payments to the scheduled termination date of this agreement. In all circumstances, if this agreement is terminated for any reason, whether by Subscriber or INTERMAX, all INTERMAX owned equipment must be returned to INTERMAX, in good working order, within three (3) business days after the actual service termination date. The Subscriber must either return the equipment to INTERMAX offices, or must permit access to Subscriber’s premises during the specified return period so that INTERMAX personnel may remove the equipment. If the Subscriber does not return INTERMAX owned equipment, or otherwise not permit access to the equipment during the specified period, Subscriber will be invoiced or Subscriber’s credit card will be billed for $450 per radio minus $12.50 per radio per month of Subscriber paid service. 17.
LIMITED WARRANTY 18.
LIABILITIES a. Eavesdropping. INTERMAX' transmission facilities are used by numerous Service subscribers. Because of this, there is a risk that you could be subject to "eavesdropping." This means that other Service subscribers may be able to access and/or monitor your use of the Service. This risk of eavesdropping exists not only with wired or wireless transmission facilities, but also on the Internet and other services to which access is provided by INTERMAX as part of the Service. Because of this risk, any sensitive or confidential information (such as credit card numbers or other personal information, financial information, medical information or trade secrets) sent by you is sent at your sole risk and INTERMAX shall have no liability whatsoever for any claims, losses, actions, damages, suits or proceedings arising out of or otherwise relating to such actions by you. b. Server Setup. You should be aware that when using the Service to access the Internet or any other online service, there are certain applications, such as FTP (File Transfer Protocol) server and HTTP (Hyper Text Transfer Protocol) server, which may be used to allow other Service users and Internet users to gain access to your computer. If you choose to run such applications, you should take the appropriate security measures. Neither INTERMAX nor any of its respective affiliates, subcontractors, employees or agents shall have any liability whatsoever for any claims, losses, actions, damages, suits or proceedings resulting from, arising out of or otherwise relating to the use of such applications by you, including, without limitation, damages resulting from others accessing your computer. 19.
LIMITATION OF LIABILITY a. any direct, indirect, incidental, special, punitive or consequential losses or damages, including loss of profits, loss of earnings, loss of business opportunities and personal injuries (including death), resulting directly or indirectly out of, or otherwise arising in connection with, the use of the Service by you including, without limitation, any damage resulting from or arising out of your reliance on or use of the Service, or the mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, non-deliveries, misdeliveries, transmission, or any failure of performance of the Service; and b. any losses, claims, damages, expenses, liabilities or costs (including legal fees) resulting directly or indirectly out of, or otherwise arising in connection with any allegation, claim, suit or other proceeding based upon a contention that the use of the Service by you on a third party infringes the copyright, patent, trademark, trade secret, confidentiality, privacy, or other intellectual property rights or contractual rights of any third party. c. The limitations set forth in this Section 17 apply to the acts, omissions, negligence and gross negligence of INTERMAX and each of its respective affiliates, subcontractors, employees and agents, which, but for this provision, would give rise to a cause of action in contract, tort or any other legal doctrine. d. Your sole and exclusive remedies under this Agreement are as expressly set out in this Agreement. Some states do not allow the limitation or exclusion of incidental or consequential damages, so such limitations or exclusions may not apply to you. 20.
MULTIPLE USERS 21. AMENDMENT This agreement may not be changed orally, only in writing, by mutual agreement and consent of both parties. Any changes to this agreement will be added as an Appendix to this agreement. Any waiver of any term or condition stated herein shall not operate as a waiver of any such term or condition or as any continuing waiver, nor shall any failure to enforce any provision thereof operate as a waiver of such provision or any provision thereof. 22.
NOTICES 23.
GOVERNING LAW 24.
GENERAL |