Direct, non-commercial Internet Access

Application Contract:

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INTERNET DIALUP SERVICE CONTRACT INTERNET DIALUP SERVICE CONTRACT This Agreement is between EOS Design, hereafter referred to as "Provider") an New York company with it's principal office located in Brooklyn, New York, and the client named hereafter. The Provider agrees to provide, and Client agrees to accept through Provider access to Internet Dialup services according to the following terms and conditions: 1. TERM AND COMPENSATION: a) The parties agree to a month to month contract, beginning after Provider's receipt of payment of the initial monthly or other service fee. b) This Agreement will automatically renew for successive single month periods unless canceled in writing prior to the monthly renewal date which shall be that date thirty days from receipt by Provider of payment of Clients compensation payable to Provider. Client will receive a monthly invoice for charges and payment via email and is due upon receipt of the invoice. Such charges and fees are subject to change. Continuation of use of services by Client indicates agreement to such changes or revisions. c) A one time per month late charge of Ten Dollars ($10.00) will be charged to Client if payment is not received within 10 days from the due date. If payment is not received by Provider within 10 days of the due date, Provider, at it's sole discretion, also has the option to terminate or otherwise deactivate the Client's account without any notice. 2. DISCLAIMER OF WARRANTY: a) PROVIDER'S SERVICE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. DUE TO PROVIDER'S RELATIONSHIP WITH ON LINE NETWORKS, THE PROVIDER GIVES NO WARRANTY, EXPRESSED OR IMPLIED, FOR THE INTERNET DIALUP SERVICES PROVIDED, INCLUDING WITHOUT LIMITATION, WARRANTY OF THE MERCHANTABILITY AND WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF WARRANTY EXPRESSLY DISCLAIMS ANY RIGHT TO REIMBURSEMENT FOR DIRECT OR CONSEQUENTIAL LOSSES, INCLUDING BUT NOT LIMITED TO LOSSES OF INCOME, DUE TO DISRUPTION OF SERVICE BY PROVIDER OR ITS PROVIDERS BEYOND THE FEES PAID BY CLIENT TO PROVIDER FOR SERVICES. b) Client expressly agrees that use of Provider's service is at Client's sole risk. Provider, its employees, affiliates, agents, third party information providers, merchants licensers or the like, indicate Provider's Internet Dialup service may be interrupted and is not likely to be error free. Provider makes no warranty as to the results that may be obtained from the use of the Internet Dialup service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Internet Dialup service , unless otherwise expressly stated in this Agreement. c) Under no circumstances, including negligence, shall Provider, its offices, agents or anyone else involved in creating, producing or distributing Provider's Internet dialup service be liable for any direct , indirect, incidental, special or consequential damages that result from the use of or inability to use the Provider's Internet Dialup services; or that results from mistakes, omissions, interruptions, deletion or loss of files or data, errors, defects, delays in operation, or of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to Provider's records , programs or services. Client maintains sole responsibility for data backups and restoration. Client hereby acknowledges that this paragraph shall apply to all content on Provider's Internet services. d) Use of any information obtained by way of Provider is at Client's own risk and Provider specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of a connection to and does not represent guarantees of available end to end bandwidth. e) Provider disclaims liability for any damages arising from Client's use of Provider or by Client's Server(s). Provider disclaims liability for Client's data, files, or directories residing on Provider's equipment or its Providers equipment. Client is solely responsible for maintaining data, file, and directory structure back-ups. f) Notwithstanding the above, Client's exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate dollar amount which Client paid during the term of this Agreement. 3. TRADEMARKS AND COPYRIGHTS: a) Client warrants that it has the right to use the applicable trademarks of Client, and grants to Provider the rights to use such trademarks, if any, in connection with Provider's motion of, referencing of, cataloging of, or indexing of Provider's Internet Dialup clients. b) CLIENT HEREBY AGREES THAT ANY MATERIAL SUBMITTED FOR PUBLICATION ON PROVIDER THROUGH CLIENT'S ACCOUNT(S) WILL NOT VIOLATE OR INFRINGE ANY COPYRIGHT, TRADEMARK, PATENT, STATUTORY, COMMON LAW OR PROPRIETARY RIGHTS OF OTHERS, OR CONTAIN ANYTHING LIBELOUS OR HARMFUL. CLIENT WILL HOLD PROVIDER HARMLESS AND IDEMNIFY PROVIDER FROM ANY DAMAGES, FINES, OR COSTS INCLUDING ATTORNEY FEES WHICH MAY ARISE FROM ANY SUCH VIOLATION OR INFRINGEMENT. 4. CAPACITY: Client certifies that he or she has full right and authority to enter into this agreement to bind Client hereto. 5. INTERNET ETIQUETTE: a) Due to the public nature of the Internet, all information should be considered publicly accessible, and important or private information should be treated carefully. Provider is not liable for protection or privacy of electronic mail or other information transferred through the Internet or any other network provider or its customers may utilize. b) Use of distribution list via unsolicited electronic mail or other electronic mailings is strictly prohibited. The Provider reserves the right to deactivate the Client's Internet Dialup account(s) upon an indication of such activity. Client hereby agrees to indemnify and hold harmless the Provider from any claim resulting from the Client's or another party's use of electronic mail service(s) on the Client's Internet Dialup account(s). 6. TERMINATION: This Agreement may be terminated by either party, without cause. Account termination does not affect outstanding invoices. Notwithstanding the above, Provider may terminate service under this Agreement at any time, without penalty, if Client fails to comply with the terms of this Agreement. 7. INDEMNIFICATION: a) Client agrees that it shall defend, indemnify, save and hold Provider harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against Provider, agents, its clients, servants, officers and employees, that may arise or result from publication or use of client's materials, any service provided or performed or agreed to be performed or any product sold by Client, its agents, employees or assigns. Client agrees to defend, indemnify and hold harmless Provider against Liabilities arising out of (i) any injury to person or property caused by any products or services sold or otherwise distributed in connection with Provider's Internet Dialup service; (ii) any material supplied by Client infringing on the proprietary rights of a third party; (iii) copyright infringement and (iv) any defective product which Client sold on the Internet Dialup services. 8. CONTRACT REVISIONS: Revisions to this Contract will be considered agreed to by Client on renewal of Provider's InterNet Dialup services as specified in Section 1(c). 9. ENTIRE UNDERSTANDING: a) This Agreement contained in this Contract constitutes the sole agreement between Provider and Client regarding its Internet Dialup service. It is construed in accordance with the laws of the State of Florida. Any litigation or lawsuits incidental to this Agreement shall be filed and be determined in Nassau County New York unless otherwise agreed to in writing by Provider. b) Client will use the Internet Dialup services in a manner consistent with any and all applicable laws of the State of New York, every other state within the United States, and as well as United States federal laws, rules, and guidelines. Signing up for an account binds the client to the above contract.

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