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THIS INTERNET SERVICE AGREEMENT CAREFULLY BEFORE USING OUR
INTERNET SERVICES.
ALSO BE SURE TO READ OUR ACCEPTABLE USE POLICY.
1. INTRODUCTION
Speedpal provides its Internet services, as they may exist
from time to time, ("Services") to all end users
who
access some of our Services but do not have accounts ("Visitors")
as well as those who pay a monthly service
fee to subscribe to the Services ("Members").
By using the Services or by establishing an account, you
agree to
be bound by this Agreement and to use the Services in compliance
with this Agreement, our Acceptable Use Policy and other
user policies.
If you do not agree to the terms and conditions of this
Agreement, including any future revisions, you may not use
the Service and if you are a current Member, you must terminate
your use of the Services under Section 10.
2.
SUBSCRIPTION REQUIREMENTS.
Members must be at least 18 years old. Wireless high speed
internet may not be available in all areas. Current
prices for Speedpal’s Services are posted throughout
our website at http://www.speedpal.com These rates may
also be obtained by calling 503-363-1350. Speedpal reserves
the right to change prices and institute new fees
at any time upon 30 days prior notice. Speedpal offers 24/7
internet connectivity and is available upon request
to troubleshoot any connectivity issues you may have.
3.
PAYMENT OBLIGATIONS OF A MEMBER.
(a) Members must (i) provide Speedpal with accurate and
complete billing information including legal name, address,
telephone number, and credit card/billing information, and
(ii) report to Speedpal all changes to this information
within thirty (30) days of the change. Members are responsible
for all charges to their account.
(b) Members having questions regarding charges to an account,
should contact Speedpal’s customer care at 503-363-1350
between 8am and 5pm Monday through Friday. All charges are
considered valid unless disputed in writing within sixty
(60) days of the billing date. Adjustments will not be made
for charges that are more than 60 days old.
(c) Charges
are billed to Members’ monthly and will arrive by
mail the first of each month. Credit cards or debit cards
are charged each billing period (month, quarter, year) for
the basic service and any additional usage or services.
Speedpal is not responsible for any charges or expenses
(overdrawn accounts, exceeding credit card limits, etc.)
resulting from charges billed by Speedpal.
(d) If
paying by check, payments are due on receipt of invoice.
A grace period of 15 days from the invoice date may be given
at the sole discretion of Speedpal.
(e) If
you pay for Services through a prepayment plan, automatic
billing described above shall only apply to the charges
not paid for through the prepayment plan.
(f) If
you purchase Services through a reseller who in turns pays
Speedpal, the reseller must pay all amounts owing for your
account. If the reseller fails to pay Speedpal any amounts
due whether or not you have paid the reseller - your account
will be subject to suspension or cancellation until you
or the reseller has paid all amounts due.
(g) Delinquent
accounts may be suspended or canceled at Speedpal’s
sole discretion; however, charges will continue to accrue
until the account is canceled. Speedpal may bill an additional
charge to reinstate a suspended account.
4.
MEMBER’S ACCOUNT, PASSWORD AND SECURITY.
Members receive a user name and password for there wired
or wireless router upon registration. You and
members of your household or business, if you have purchased
a business account, are the only authorized
users of your Speedpal account and must comply with this
Agreement. An account permits 1 wireless
connection at a time. If an account is found to have more
than 1 simultaneous connection, the account will be
treated as multiple accounts, with each connection being
charged the standard monthly rate for internet
service. You must keep your password confidential so that
no one else may access the Services through your
account. You must notify Speedpal within 24 hours of discovering
any unauthorized use of your account.
Using a personal account for high volume or commercial use
(e.g., revenue generation, advertising, etc.) is
prohibited. Email accounts exceeding 50 MB in size may,
at Speedpal’s discretion, be deleted or transferred
to
a compressed temporary file or storage. Speedpal may delete
any emails left on our server which are more than
90 days old, and size of attachments is limited to 5 Megabytes.
Usernames,
passwords and email addresses are Speedpal’s property
and Speedpal may alter or replace them
at any time.
5.
MONITORING THE SERVICES.
Speedpal has no obligation to monitor the Services, but
may do so and disclose information regarding use of
the Services for any reason if Speedpal, in its sole discretion,
believes that it is reasonable to do so, including
to: satisfy laws, regulations, or governmental or legal
requests; operate the Services properly; or protect itself
and its Members. Speedpal may immediately remove your material
or information from Speedpal’s servers, in
whole or in part, which Speedpal, in its sole and absolute
discretion, determines to infringe another’s property
rights or to violate our Acceptable Use Policy.
6.
DISCLAIMER OF WARRANTIES and LIMITATION OF LIABILITY.
EXCEPT FOR CERTAIN PRODUCTS AND SERVICES SPECIFICALLY IDENTIFIED
AS BEING OFFERED BY
SPEEDPAL, SPEEDPAL DOES NOT CONTROL ANY MATERIALS, INFORMATION,
PRODUCTS, OR
SERVICES ON THE INTERNET.
THE INTERNET
CONTAINS UNEDITED MATERIALS, SOME OF WHICH ARE SEXUALLY
EXPLICIT OR
MAY BE OFFENSIVE TO YOU. SPEEDPAL HAS NO CONTROL OVER AND
ACCEPTS NO
RESPONSIBILITY FOR SUCH MATERIALS. YOU ASSUME FULL RESPONSIBILITY
AND RISK FOR USE OF
THE SERVICES AND THE INTERNET AND ARE SOLELY RESPONSIBLE
FOR EVALUATING THE
ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL SERVICES,
PRODUCTS, AND OTHER
INFORMATION, AND THE QUALITY AND MERCHANTABILITY OF ALL
MERCHANDISE PROVIDED
THROUGH THE SERVICE OR THE INTERNET.
THE SERVICES
ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS. SPEEPAL DOES NOT
WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE
OR FREE OF VIRUSES, OR
OTHER HARMFUL COMPONENTS. SPEEDPAL MAKES NO EXPRESS WARRANTIES
AND WAIVES ALL
IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES
OF TITLE, NONINFRINGEMENT,
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE REGARDING
ANY
MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH SPEEPAL
OR THE INTERNET
GENERALLY. NO ADVICE OR INFORMATION GIVEN BY SPEEDPAL OR
ITS REPRESENTATIVES SHALL
CREATE A WARRANTY. SPEEDPAL AND IT EMPLOYEES ARE NOT LIABLE
FOR ANY COSTS OR
DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF
THE SERVICES OR THE
INTERNET INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY,
MULTIPLE, SPECIAL, PUNITIVE, OR
CONSEQUENTIAL DAMAGES. IN ANY EVENT, SPEEDPAL’S CUMULATIVE
LIABILITY TO ANY MEMBER
FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICES
SHALL NOT EXCEED THE
TOTAL AMOUNT OF SERVICE FEES PAID DURING A ONE YEAR PERIOD.
7. SOFTWARE
LICENSE.
Speedpal grants to each Member a limited, non-exclusive,
non-transferable and non-assignable license to
install and use the Speedpal access software (including
software from third-party vendors that Speedpal
distributes) (in object code format), its associated documentation,
and any updates thereto ("Licensed
Programs") in order to access and utilize the Services.
Each Member agrees to use the Licensed Programs
solely in conjunction with the Services and for no other
purpose. Speedpal may modify the Licensed Programs
at any time, for any reason, and without providing notice
of such modification to a Member.
The Licensed
Programs constitute confidential and proprietary information
of Speedapl and Speedpal’s
licensors and embody trade secrets and intellectual property
protected under United States copyright laws,
other laws, and international treaty provisions. All right,
title, and interest in and to the Licensed Program,
including associated intellectual property rights, are and
shall remain with Speedpal and Speedpa’s licensors.
Member shall not translate, decompile, reverse engineer,
distribute, remarket or otherwise dispose of the
Licensed Program or any part thereof.
You may
not download, use or otherwise export or re-export the Licensed
Programs or any underlying
information or technology except in full compliance with
all United States and other applicable laws and
regulations. By installing or downloading the Software,
you represent and warrant that you are not located in,
under the control of or a national or resident of any country
on the U.S. Treasury Department’s list of Specially
Designated Nationals or the U.S. Commerce Department’s
Table of Deny Orders.
8. WEBSITE USAGE.
Our site
on the World Wide Web with its home pages in the domain
"Speedpal.com" or any other site operated
by Speedpal (the "Website") is a complimentary
information service offered by Speedpal at no charge to
users.
We may
provide links on the Website to other websites which are
not under our control. In general, any website
which has an address (or URL) which does not contain "rivnet.net
is such a website. These links are provided
for convenience only and are not intended as an endorsement
by Speedpal of the organization or individual
operating the website or a warranty of any type regarding
the website or the information on the website.
You may
provide a hypertext link to our Website on another website,
provided that: (a) the link must be a textonly
link clearly marked "Speedpal", (b) the link must
"point" to the URL "http://www.speedpal.com"
and not to
the other pages within the Website, © the appearance,
position and other aspects of the link may not be such
as to damage or dilute the goodwill associated with our
name and trademarks of Speedpal, (d) the appearance,
position and other aspects of the link may not create the
false appearance that an entity is associated with or
sponsored by Speedpal, (e) the link, when activated by a
user, must display this Website full-screen and not
within a "frame" on the linked website, and (f)
Speedpal may revoke consent to the link to our website at
any
time in its sole discretion. All other hypertext links to
the Website must be approved in writing by Speedpal.
Some portions
of the Website are made available for the free exchange
of ideas by participants and are not
regularly monitored nor moderated by Speedpal. Speedpal
assumes no responsibility and makes no warranty
that it will undertake to screen or remove such material.
You agree to hold Speedpal harmless from all claims
based upon the materials posted by others. Also, in exchange
for availing yourself of the opportunity to upload
or provide information to this site and any associated chat
rooms or discussion areas, you will indemnify
Speedpal from any claims made by third parties regarding
the material that you provide. Personal information
posted by you to the Website is posted at your own risk.
Speedpal will have no liability arising from use of that
information. You shall not use the Website to distribute
or publish any advertising of goods or services,
solicitations for funds, or other commercial messages. You
agree that you will not post, upload or otherwise
introduce a virus or other harmful code onto the Website.
Your posting
of material on the Website or providing material to Speedpal
to use on the Website, will be
deemed to be a grant by you to Speedpal of a perpetual,
non-revocable, worldwide, non-exclusive license to the
material to include the material on the Website and to reproduce,
publish, distribute, perform, display, and
transmit the material and to prepare derivative works as
reasonably necessary to do so, and you waive all rights
of attribution and integrity with respect to the material.
9. TERM OF AGREEMENT.
Continued use of the Services constitutes acceptance of
this Agreement and any future versions. If you are
dissatisfied with the Services or any related terms, conditions,
rules, policies, guidelines, or practices, your sole
and exclusive remedy is to discontinue using the Services
and, if you are a Member, to terminate your account.
10. TERMINATION.
You may terminate your internet account at any time and
for any reason by sending us a Cancellation Request
Form. After Speedpal is notified of customer intent to terminate
the account, the account is flagged to terminate
at the end of the current term of prepaid service, but remains
active until that date. It is the customers duty to
return all equipment belonging to Speedpal before the account
can be closed. The account will not be billed
again for service. Refunds are not given for portions of
service chosen by customer not to be used. For
contact/support/billing information, call 503-363-1350
To terminate
additional services, such as website hosting, you must send
an email to support@speedpal.com.
Your termination for these additional will only be complete
upon your receipt of a reply from Speedpal. Any
services for which the customer has prepaid are non-refundable.
Any incoming email sent to canceled
accounts will not be forwarded to another account; instead,
it will be "bounced" back to the sender. If your
account included space on Speedpal’s servers, anything
stored on this space will be deleted upon termination.
Without
prior notice, Speedpal may terminate this Agreement, your
password, your account, or your use of the
Services, for any reason, including, without limitation,
if Speedpal, in its sole discretion, believes you have
violated this Agreement, our Acceptable Use Policy or any
of the applicable user policies, or if you fail to pay
any charges when due. Speedpal may provide termination notice
to you by: email addressed to your email
account or by US Mail or courier service to the address
you provided for the Services. All notices to you shall
be
deemed effective on the first calendar day following the
date of electronic mailing or on the fourth calendar day
following the date of first-class mailing or deposit with
a commercial courier service.
Section
3, the third paragraph of Section 4, and Sections 6, and
11 of this Agreement shall survive termination
of this Agreement
11. MISCELLANEOUS.
This Agreement, the Acceptable Use Policy, and Speedpal’s
other user policies posted on Speedpal’s website
constitute the entire agreement between you and Speedpal
with respect to your use of the Services.
Speedpal
may revise, amend, or modify this Agreement, the Acceptable
Use Policy and any other user policies,
at any time and in any manner. Any revision, amendment,
or modification will be effective thirty (30) days afterSpeedpal
posts notice to Members on Speedpal’s web site and/or
by email and/or in our various publications
and mailings to Members.
This Agreement
is governed by Oregon law without regard to conflict of
law provisions.
The federal and state courts located in Oregon alone have
jurisdiction over all disputes arising out of or related
to this
Agreement and the Services. You consent to the personal
jurisdiction of such courts sitting in Oregon with respect
to
such matters or otherwise between you and Speedpal, and
waive your rights to removal or consent to removal.
Speedpal
Broadband
P.O. Box 2167
Salem, OR 97308
503-363-1350
I agree to the terms of this service agreement.
X___________________________________________________________________
Ver.
01/21/2008
Service Agreement
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