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CUSTOMER AGREEMENT AND USAGE POLICY THE SOFTWARE AND DOCUMENTATION ARE PROVIDED FOR USE ONLY (I) WITH THE
INTERNET ACCESS SERVICE INITIALLY OFFERED BY TAYLOR ELECTRINET IN CONJUNCTION
WITH THE DISTRIBUTION OF THE SOFTWARE AND DOCUMENTATION AND (II) IN ACCORDANCE
WITH THE TERMS OF THIS AGREEMENT. NO RIGHT OR LICENSE IS GRANTED TO USE THE
SOFTWARE OR DOCUMENTATION WITH ANY OTHER INTERNET ACCESS. GRANT TAYLOR ELECTRINET hereby grants non-exclusive, non-transferable, limited
license to access the Internet through TAYLOR ELECTRINET's network and a
non-exclusive license to use its accompanying software product and accompanying
documentation on the following terms: You may: use the Software only with the Internet service initially offered by
TAYLOR ELECTRINET in conjunction with the distribution of the Software and
Documentation of TAYLOR ELECTRINET's Internet Services, with which it is
bundled; use the Software on any single computer; use the Software on a second
computer so long as the first and second computers are not used simultaneously;
or copy the Software for archival purposes, provided any copy contains all the
original Software's proprietary notices. You may not: use the Software or Documentation in conjunction with any
Internet access or other network service, other than TAYLOR ELECTRINET’s
Internet Services; permit individuals outside your household to use the Software
except under the terms above; modify, translate, reverse engineer, decompile,
disassemble (except to the extent applicable laws specifically prohibit such
restriction), or create derivative works based on the Software or Documentation;
copy the Software or Documentation (except for back-up purposes); rent, lease,
transfer or otherwise transfer rights to the Software or Documentation; or
remove any proprietary notices or labels on the Software or Documentation. TITLE Title, ownership rights and intellectual property rights in and to the
Software and Documentation will remain with TAYLOR ELECTRINET and/or its
suppliers. The copyright laws of the United States and international copyright
treaties protect the Software. Title, ownership rights and intellectual property
rights in and to the content accessed through the Software or through TAYLOR
ELECTRINET’s Internet Services are the property of the applicable content
owner and may be protected by applicable copyright or other law. This license
gives you no rights to such content. You retain any rights you may have in data
posted by you to the Internet. NO ASSIGNMENT The benefits or rights conferred by this agreement are non-transferable and
non-assignable. The connectivity provided is expressly limited to you. Resale or
use of this connection by another person or persons is prohibited. DEFINITION OF SERVICES Single Dial-up Internet Services provide Internet access to one user on one
computer for a single dial-up session. Single Dial-up Internet Services include
Residential Service, Educational Dial-up Service, Business Single Dial-up
Service, and other single dial-up services that may be provided from time to
time. Multiple User Internet Services provide Internet access to one or more
users on one or more computers for single or multiple simultaneous sessions.
Business Service is a Multiple User Internet Service that provides Internet
access through a single dial-up session. Business Direct Services are Multiple
User Internet Services that provide Internet access through a direct connection. CHARGES AND BILLING A valid credit card may be required to open an account for Single Dial-up
Internet Services. You agree to pay TAYLOR ELECTRINET all charges relating to
the use of your account(s). Charges for other services, such as promotional
offerings and other services to be offered from time to time, will be according
to prices published at the time. Charges at the date of invoice will include the
next month's recurring charges, and additional usage charges incurred during the
prior month, if any. Your first bill will be prorated according to the days of
service left in TAYLOR ELECTRINET’s billing period. For Single Dial-up Internet Services, you may elect payment by bank draft,
credit card, debit card, check or money order. TAYLOR ELECTRINET will send you
an invoice by e-mail setting forth all charges incurred by you at the end of
each TAYLOR ELECTRINET billing cycle. If you currently receive your electric
service from Taylor Electric, your internet billing will be included on your
electric bill. You are solely responsible for informing TAYLOR ELECTRINET of new
expiration dates and account numbers on your listed credit card, debit card, or
bank draft accounts as appropriate. You are responsible for keeping TAYLOR
ELECTRINET updated when your listed credit card has no remaining credit.
Invoices will be mailed around the 12th calendar day of each month.
For payments made by credit card, debit card or bank draft your account will be
charged on approximately the 10th of each month. For payments made by check or
money order, your payment is payable by the 30th calendar day of the
month. TAYLOR ELECTRINET will charge $25 for all returned checks and for bank drafts
declined by your bank, and your account will be subject to immediate suspension.
TAYLOR ELECTRINET will charge a $25 processing fee for all credit card or debit
card transactions that are either denied or cannot be processed for any reason,
and your account will be subject to immediate suspension. If payment is not
received by the date due, your account is delinquent and subject to an interest
charge of 1.5% per month on the outstanding balance. TAYLOR ELECTRINET may at
any time charge your credit card any amount past due or any balance due at the
time of notification to TAYLOR ELECTRINET of a denied bank draft, declined debit
card, or check returned for non-sufficient funds. If you default, you are liable for any and all attorney fees, court costs and
collection agency fees or commissions if TAYLOR ELECTRINET has to employ these
methods in order to collect debts owed to TAYLOR ELECTRINET under this
Agreement. Accounts cancelled due to non-payment will be reported to a
credit-reporting agency. You agree to pay a fine of $500 for flagrant disregard of TAYLOR ELECTRINET’s
Allowable Use Policy as contained in this Agreement. It is at TAYLOR ELECTRINET’S
sole discretion what constitutes flagrant disregard of allowable use. OTHER CHARGES You are responsible for any local or long distance phone charges accrued in
connecting to TAYLOR ELECTRINET. TAYLOR ELECTRINET is not responsible for any
phone charges unintentionally incurred by any subscriber for any reason. You
also are responsible for providing all equipment, including computer hardware
and software, used in connecting to TAYLOR ELECTRINET. LIMITATION OF LIABILITY TAYLOR ELECTRINET exercises no control whatsoever over the content of the
information accessed through TAYLOR ELECTRINET’s Internet Services. TAYLOR
ELECTRINET’s Internet Services are provided on an "as is, as
available" basis, without warranty of any kind, expressed or implied,
including, but not limited to, the warranties of performance, merchantability
and fitness for a particular purpose. TAYLOR ELECTRINET and/or contributors will
have no liability whatsoever to you for any claim(s) relating in any way to (I)
your inability or failure to perform research or related work or to work
properly or completely, or (II) any lost profits or consequential, exemplary,
incidental, indirect or special damages relating in whole or in part to your
rights hereunder or use of, or inability to use, TAYLOR ELECTRINET’s Internet
Services. TAYLOR ELECTRINET will not be responsible for any damage suffered by
you, including, but not limited to, loss of data resulting from delays,
non-deliveries, mis-deliveries or service interruptions caused by its own
negligence or your errors or omissions. Use of any information obtained via
TAYLOR ELECTRINET’s Internet Services is at your sole risk. TAYLOR ELECTRINET
specifically disclaims any responsibility for the accuracy or quality of
information obtained through TAYLOR ELECTRINET’s Internet Services. Under no circumstances and under no legal theory, tort, contract or
otherwise, will TAYLOR ELECTRINET or its suppliers or resellers be liable to you
or any other person for any indirect, special, incidental or consequential
damages of any character including, without limitation, damages for loss of
goodwill, work stoppage, computer failure or malfunction, or any and all other
commercial damages or losses, or for any damages in excess of TAYLOR ELECTRINET’s
list price for a license to the Software and Documentation, even if TAYLOR
ELECTRINET will have been informed of the possibility of such damages, or for
any claim by any other party. This limitation of liability will not apply to
liability for death or personal injury to the extent applicable law prohibits
such limitation. ALLOWABLE USE TAYLOR ELECTRINET will publish its Customer Agreement, including the
Allowable Use Policy, on its web site. These policies may be revised from time
to time. You agree to abide by TAYLOR ELECTRINET’s policies concerning use of
TAYLOR ELECTRINET’s Internet Services as published on line at the time of use. TAYLOR ELECTRINET’s Internet Services may only be used for lawful purposes.
Transmission of any material in violation of any federal or state statute or
regulation is prohibited. This includes, but is not limited to, copyrighted
material, material legally judged to be threatening or obscene, or material
protected by trade secret. You agree to indemnify and hold harmless TAYLOR
ELECTRINET from any claims resulting from your use of TAYLOR ELECTRINET’s
Internet Services. Commercial advertisements are unwelcome in most Usenet discussion groups and
on most e-mail mailing lists. Inappropriate posting may result in account
suspension or cancellation. See the newsgroup or mailing list's charter for
whether advertising is allowed or not. "Spamming," or sending a
message to many different off-topic newsgroups, is not allowed. Sending a
message, especially an advertisement, to more than five recipients, is
considered by itself spamming unless the individuals have specifically requested
to be added to a mailing list on that topic. E-mail is a person-to-person
medium, not a broadcast medium. Unsolicited advertisements via e-mail, or via
discussion groups whose charter does not explicitly allow advertisements, are
not allowable. Violations of TAYLOR ELECTRINET's Customer Agreement and allowable use
policies will result in account suspension or cancellation and fines as states
in Charges and Billing. UNLIMITED USAGE TAYLOR ELECTRINET offers unlimited usage to Single Dial-up Internet Services
customers. "Unlimited usage" does not mean "unlimited
access." Unlimited dial-up accounts have no hourly charges when the account
holder is wholly and exclusively engaged in personal, interactive Internet use.
Accounts may not be used for automated, unsupervised use of the Internet or
simultaneous connections by multiple people. Accounts may not be kept connected
with a keep-alive of any sort, such as setting an e-mail program to check mail
periodically unattended. TAYLOR ELECTRINET may disconnect dial-up connections
after extended periods of inactivity or unauthorized use. RESPONSIBILITY FOR ACCOUNT USE You are responsible for all use of your account(s) and confidentiality of
password(s). TAYLOR ELECTRINET will suspend or change access upon notification
that your password has been stolen, lost or otherwise possibly compromised.
TAYLOR ELECTRINET is not responsible for your personal files residing online on
TAYLOR ELECTRINET owned and controlled computers. You will be responsible for
independent backup of your data stored online. You will be responsible for all
access to and use of TAYLOR ELECTRINET’s Internet Services by your personnel
or by means of your equipment, whether or not you have knowledge of or authorize
such access or use. If the subscriber is less than 18 years of age, the
application must be signed and these terms agreed to by a parent or legal
guardian, who is responsible for all charges related to the use of subscriber's
account(s). UNAUTHORIZED USE OF ACCOUNT TAYLOR ELECTRINET will strongly react to any use or attempted use of an
Internet account or computer without the owner's authorization. Such attempts
include "social engineering" (tricking other people into releasing
their passwords), password cracking, security hole scanning, denial-of-service
attacks (ping-flooding, sending packets with an illegal packet size, UDP
flooding, half-open TCP connection flooding, etc.) and the like. Harassment or abusive use of e-mail and other Internet services are not
allowed. TAYLOR ELECTRINET will handle incidents of harassment on a case-by-case
basis, consulting with all parties involved. Any unauthorized use of accounts or
computers by a TAYLOR ELECTRINET customer, whether or not the attacked account
or computer belongs to TAYLOR ELECTRINET, will result in action against the
attacker. Possible actions include warnings, account suspension or cancellation,
and legal action, according to the seriousness of the attack. LIMITATIONS ON RESOURCE USAGE TAYLOR ELECTRINET reserves the right to impose limits on the total amount of
disk space and other resources available for your use on TAYLOR ELECTRINET
operated computers. E-mail accounts for dial-up account users are subject to a
limit of 2MB. TAYLOR ELECTRINET reserves the right to delete, without notice,
personal e-mail files that have not been accessed for more than one month. Disk
space for storage of web pages is available in amounts specific to each Internet
service package. Use of excess space will be charged on a monthly basis
according to rates and prices published at the time of use. TAYLOR ELECTRINET
with prior notice reserves the right to remove files that exceed allowed limits. E-MAIL PRIVACY Electronic mail passes through multiple mail servers on the Internet as it
passes from source to destination. Privacy can never be guaranteed from every
possible mail server; therefore, users seeking total privacy should use some
encryption scheme to render messages unreadable by eavesdroppers. With regards
to TAYLOR ELECTRINET’s mail servers, TAYLOR ELECTRINET places a high value on
privacy and will only examine users' mail when absolutely required, for example
when troubleshooting e-mail delivery problems or being presented with a search
warrant for the information. ILLEGAL MATERIAL TAYLOR ELECTRINET bears certain legal liabilities for the use of its computer
network and equipment. As such, TAYLOR ELECTRINET prohibits any and all use of
TAYLOR ELECTRINET’s network for illegal purposes. When presented with a search
warrant, TAYLOR ELECTRINET is obligated to release any information named
therein, and will cooperate with authorities in any criminal investigation of
inappropriate Internet usage. However, TAYLOR ELECTRINET recognizes that the legal status of the Internet
has not yet been resolved satisfactorily, either through legislation or court
precedent. Therefore, TAYLOR ELECTRINET must make certain decisions regarding
the illegality of various specific actions. Among the actions TAYLOR ELECTRINET
considers illegal and therefore will not allow on its network are: unauthorized
distribution of copyrighted material; exploitation of minors; and unauthorized
use of computer resources. TAYLOR ELECTRINET believes the First Amendment rights
of free speech, freedom of the press and freedom of association apply to the
Internet to the same degree as they do to print media and that any attempt to
infringe upon those rights is void of legitimacy. WEB SERVICE TAYLOR ELECTRINET provides personal web space to dial-up customers. TAYLOR
ELECTRINET includes web service in its enhanced packages and hosts commercial
web pages for a fee. In all cases, the web pages reside on TAYLOR ELECTRINET’s
computer equipment, giving TAYLOR ELECTRINET some ethical responsibility for the
content of such pages. TAYLOR ELECTRINET will handle potentially inappropriate
web pages on a case-by-case basis. Examples of inappropriate information include
downloadable virus code and obscene materials. Personal web space provided under any Residential Service may not be used for
purposes that can be deemed as an attempt to sell a product or service. Only web
space provided under non-Residential Services account may be used for commercial
activity. Domain name service is available as an optional service. You are responsible
for domain name registration with InterNIC and for any fees charged by InterNIC.
TAYLOR ELECTRINET charges a $125 setup fee for adding your registered name on
the TAYLOR ELECTRINET domain name server. TAYLOR ELECTRINET grants you
non-exclusive, non-transferable, limited license to store documents on a TAYLOR
ELECTRINET Internet World Wide Web server, and to use the server at burst
bandwidth speeds up to TAYLOR ELECTRINET’s full capacity. TAYLOR ELECTRINET
will bill for usage in accordance with rate and prices published at the time of
use. TERM AND TERMINATION This agreement will become effective on the date the service application is
entered into TAYLOR ELECTRINET’s system. TAYLOR ELECTRINET, at its sole
discretion, may terminate this agreement immediately or suspend your access to
the service upon any breach of this Agreement by you. You are responsible for
notifying TAYLOR ELECTRINET of your wish to terminate your account if desired.
Charges will continue to accrue until your notification to TAYLOR ELECTRINET of
account termination, or until your account is cancelled due to non-payment as
stated in "Charges and Billing." If your account is cancelled due to
non-payment, you will be in default and subject to any and all late fees and
collection fees payable by you under this Agreement. Licenses granted hereunder will terminate automatically if you fail to comply
with the limitations described herein. Upon termination, you must destroy all
copies of the Software and Documentation. EXPORT CONTROLS None of the Software or underlying information or technology may be
downloaded or otherwise exported or re-exported into (or to a national or
resident of) Cuba, Iraq, Libya, North Korea, Yugoslavia, Iran, Syria or any
country to which the United States has embargoed goods; or to anyone on the U.S.
Treasury Department's list of Specially Designated Nationals or the U.S.
Commerce Department’s Table of Denial Orders. By downloading or using the
Software, you are agreeing to the foregoing and are representing and warranting
that you are not located in, under the control of, or a national or resident of
any such country or on any such list. In addition, if the licensed Software is
identified as a not-for-export product (for example, on the box, media or on the
installation process), then the following applies: except for export to Canada
for use in Canada by Canadian citizens, the Software and any underlying
technology may not be exported outside the United States or to any foreign
entity or "foreign person" as defined by U.S. Government regulations,
including without limitation, anyone who is not a citizen, national or lawful
permanent resident of the United States. By downloading or using the Software,
you are agreeing to the foregoing and are warranting that you are not a
"foreign person" or under the control of a foreign person. EFFECT OF AGREEMENT This Agreement (which will include the current and future Schedules hereto)
represents the complete agreement concerning this license between the parties
and supersedes all prior agreements and representations between them. MODIFICATION OF TERMS AND CHARGES TAYLOR ELECTRINET reserves the right to change rates or otherwise modify
provisions of this Agreement by notifying you at least thirty (30) days before
the effective date of the change, by written or online notice. Your use of
TAYLOR ELECTRINET’s Internet Services after such notice will constitute your
acceptance of the modifications to this Agreement. FORCE MAJEURE TAYLOR ELECTRINET’s performance hereunder is subject to interruption and
delay due to causes beyond its reasonable control such as acts of God, acts of
any government, war or other hostility, civil disorder, the elements, fire,
explosion, power failure, equipment failure, industrial or labor disputes,
inability to obtain necessary supplies and the like. SEVERABILITY If any provision of this Agreement is held to be unenforceable for any
reason, such provision will be reformed only to the extent necessary to make it
enforceable, and all other provisions are unaffected. NOTICES Except as otherwise provided herein, all notices hereunder will be given in
writing as follows: TAYLOR ELECTRINET N1831 State Rd 13 Medford WI 54451 GOVERNING LAW This Agreement will be governed by and construed under the laws of the state
of Wisconsin except as governed by Federal law. The application of the United
Nations Convention of Contracts for the International Sale of Goods is expressly
included. All disputes will be settled in Wisconsin courts. WAIVER Failure of any party to enforce any provision of this Agreement will not
constitute or be construed as a waiver of such provision or of the right to
enforce such provision. U.S. GOVERNMENT RESTRICTED RIGHTS Use, duplication or disclosure of Software and Documentation by the
Government is subject to restrictions set forth in subparagraphs (a) through (d)
of the Commercial Computer-Restricted Rights clause at FAR 52.227-19 when
applicable, or in subparagraph (c)(1)(ii) of the Rights in Technical Data and
Computer Software clause at DFARS 252.227-7013, or at 252.211-7015, and in
similar clauses in the NASA FAR Supplement. N1831 State Hwy 64 Medford WI 54451 1-800-862-2407 Copyright © TAYLOR ELECTRINET, Inc., 2000 |