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Service Agreement
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READ THIS INTERNET SERVICE AGREEMENT
CAREFULLY BEFORE USING OUR INTERNET SERVICES. ALSO BE SURE TO READ OUR
ACCEPTABLE USE POLICY. |
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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 Services and if
you are a current Member, you must terminate your use of the Services
under Section 10. |
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2.
Subscription Requirements |
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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 503-383-1350. 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 trouble shoot any connectivity issues
you may have. |
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3. Payment Obligation of Members
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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.
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B.
Members having questions regarding
charges to an account, should contact Speedpal’s customer care at 503-383-1350 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.
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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.
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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.
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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.
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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.
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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. |
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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. |
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5.
Monitoring
The Services
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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. |
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6.
Disclaimer of Warranties and Limitation of Liability
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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, NON-INFRINGEMENT,
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. |
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7.
Software License
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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. |
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8.
Website Usage
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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: |
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A.
The link must be a text-only 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,
C.
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 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.
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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.
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9.
Terms of
Agreement
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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. |
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10.
Termination
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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
503-383-1350
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.
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10.
Miscellaneous
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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 after Speedpal 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.
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Ver. 01/21/2008
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