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Attachment A
Coastal Web Online
Corporation (CWO) - Contract and
Policies for - High Speed Internet Connection including any of the
following: - T-1, DSL, ISDN, Wireless, Frame Relay, and/or
ATM broadband.
Policy
regarding Router changes and CSU/DSU equipment on all T-1 connections to CWO.
For security and logistics reasons, CWO must approve all
requests to change IP addressing, routing and passwords within any router or
CSU/DSU connecting to the CWO network either remotely or directly. Please contact network@cwo.com and
billing@cwo.com with any change request. Give details of any change request to the routing and your name and
phone number. CWO will govern the final
decision if any changes will be allowed to routers under control of CWO’s network.
Warranties/Disclaimers
CWO Internet High Speed Bandwidth Service and/or Co-Location
Service is provided on an "as is, as
available" basis. No warranties, expressed or implied, including, but not
limited to, those of merchantability or fitness for a particular purpose, are
made with respect to CWO or any information or software therein. CWO shall have
no liability or responsibility for any direct, indirect, incidental, or
consequential damages suffered by client in connection with client’s use of or
inability to use the CWO services including, but not limited to, damages from
loss of data resulting from delays, non-deliveries, mis-deliveries,
service interruptions, or due to inadvertent release or disclosure of
information sent by you, the customer, even if the same is caused by CWO’s own negligence.
Without limiting the generality of the foregoing, CWO
disclaims to the full extent permitted by applicable law any responsibility for
(and under no circumstances shall be liable for) any conduct, content, goods,
and services available on or through the Internet or the CWO services. In no
event shall CWO aggregate liability exceed the amount paid by you to CWO for
the CWO services. Use of any information obtained via CWO Internet service is
at the user's own risk. CWO specifically disclaims any responsibility for the
accuracy or quality of information obtained through any data transmissions
through its services.
Indemnity.
Client agrees to defend, indemnify and hold CWO harmless
from and against any and all claims, losses, liabilities and expenses
(including attorneys' fees) related to or arising out of the services provided
by CWO to Client under this Agreement, including without limitation claims made
by third parties (including Clients of Client) related to any false advertising
claims, liability claims for products or services sold by Client, claims for
patent, copyright or trademark infringement, claims due to disruption or
malfunction of services provided hereunder, or for any content submitted by
Client for publication by CWO, but excluding those related to the negligence of
CWO.
Relationship
of the Parties.
The parties intend that an independent contractor
relationship will be created by this contract, and that no partnership, joint
venture or employee/employer relationship is intended.
Attorneys'
Fees.
If a legal proceeding is commenced to enforce or obtain a
declaration of rights under this Agreement, the prevailing party in such
proceeding shall be entitled to recover its reasonable attorneys' fees and
costs incurred in the proceeding from the nonprevailing party, as well as any reasonable attorneys' fees and costs that the prevailing
party incurred prior to commencing the proceeding.
Changes to the general terms of this agreement will be posted to
our website, www.cwo.com, and Client is responsible for reviewing these
provisions. By using any CWO services, the Client agrees that he or she has
read and understands these terms and conditions and agrees to be bound by them.
Payments
and Customer’s Cancellation of service.
Customer is responsible to make monthly payments for the
Term of this agreement as defined in the Order Form, either by automatic Credit
Card, Debit Card, or by net 30 days invoicing. Failure to make monthly payments as agreed will provide for a penalty of
3% of any unpaid balance added to the current month’s balance due, and possible
restriction of services, either temporary or permanent. Restriction of services does not relieve customer
from payments under terms of this contract.
Failure to make payments when due may result in the credit card or checking account on file being charged for your past due balance without prior notification. It also may result in immediate termination, cancellation, or
locking of our services. Failure to make
payments, for any reason of default, such as bankruptcy, credit card processing failures,
checking or debit account closure, or other reasons of payment default by
customer, does not limit the liability of the customer to make payments of past
due amounts and CWO may restrict all or some of the services to the customer.
Cancellation of Service by customer, requires a 30 day advance notice in writing, delivered by postal mail or by
fax, with appropriate authorized signature(s).
Minor Party
By making use of a CWO account or service, the Client
certifies to CWO that he or she is eighteen (18) years of age or older. If the
Client allows an individual less than eighteen years of age to access the
Internet from Client's CWO account, Client takes full responsibility for the
minor's access to any information that might be viewed as unsuitable. Client
agrees to hold harmless and indemnify CWO for any claims or charges that arise
from said minor's use of services.
Lawful Intent
CWO reserves the right to deny service to anyone. Clients
may only use CWO's Internet access service, web
hosting account(s), dedicated server(s), co-location service(s) and email
service(s) for lawful purpose. Transference of any information in violation of
any Federal, State or Local laws is forbidden. This includes, but is not
restricted to “spam” “spamming” and illegal e-mail solicitations; unauthorized
copying of copyrighted data; information legally judged to be threatening or
obscene, and information protected by privacy rights. CWO prohibits anyone from
using CWO’s Internet access, web hosting account(s),
dedicated server(s), co-location service(s) and email service(s) for the
reproduction, dispersing, storing, processing, or handling in any way obscene
or pornographic material, or any other data which we believe to be
unacceptable, including, but not restricted to, pornography, malicious
materials, violent themes, and any and all information of an adult nature. The
designation of any information as regards to above is left completely to the
option of CWO administration. CWO web hosting account(s) are designed for the
CWO customer/buyer only. Clients cannot sub-lease, or grant control of any
share of CWO web hosting account(s) or web space. If customer violates any of
the aforementioned Lawful Intent Provisions of this paragraph, termination of
any and all CWO services is likely and may be without notice.
Disclaimer
CWO is not responsible for any damages Client’s business may
suffer from any disruption of service. CWO does not make implied or written
warranties for any of our services. CWO
denies any warranty or merchantability for a specific purpose. This includes
loss of data resulting from delays, non-deliveries, wrong delivery, and any and
all service interruptions caused by CWO, CWO upstream backbone providers, or
any other switching, or network companies. CWO reserves the right to amend its
policies at any time.
Taxes and Surcharges
from State and Federal governments
Fees that are extra to our Internet charges are many and
varied and may include, but are not limited to the following:
State P.U.C. fees; State High Cost Funds; Universal Lifeline Service Charge; Telco Relay Service Surcharges;
CA High Cost Fund A; Federal Telco Relay Service; and Federal Universal Service Fund.
Each of the above carry different %
charges.
CLIENT EXPRESSLY AGREES THAT USE OF THE SERVICE, WHICH
INCLUDES THE CONTENTS THEREOF AND ANY STORAGE OR USE OF INFORMATION, IS AT
CLIENT'S SOLE RISK. NEITHER CWO NOR ANY OF ITS INFORMATION CWOS, LICENSORS,
EMPLOYEES, OR AGENTS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR
FREE; NOR DOES CWO OR ANY OF ITS INFORMATION CWOS, LICENSORS, EMPLOYEES, OR
AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE
SERVICE. THE SERVICE IS DISTRIBUTED ON AN "AS IS" BASIS WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO
WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE OR USE WITH RESPECT TO THE SERVICE OR INFORMATION. NEITHER
CWO NOR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICE
SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES ARISING OUT OF USE OF THE SERVICE, INABILITY TO USE THE SERVICE, OR OUT
OF ANY BREACH OF ANY WARRANTY. THE PROVISIONS OF THIS SECTION WILL SURVIVE ANY
TERMINATION OF THIS AGREEMENT
Signature of CWO Customer __________________________ Date ________________
Print Name of Signatory _______________________________ Title________________
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