THIS AGREEMENT IS ENTERED
INTO by and between the subscriber of this agreement ("subscriber") and Great
Lakes Web Solutions, L.L.C. regarding access to the Internet as
follows:
Part 1: Access to the Internet:
- Internet Access: This agreement allows the Subscriber to access the Internet. Subscriber
will be issued an Internet User Account Number.
- License: During the term of this Agreement and subject to the terms and conditions
hereof, Great Lakes Web Solutions, L.L.C. grants Subscriber non-exclusive, non-transferable, limited license to
access the Internet, through Great Lakes Web Solutions, L.L.C. Subscriber may access the Internet at such times
as it is generally available and use data made available to Subscriber on the Internet.
Subscriber hereby expressly agrees to comply with any and all license agreements or
copyrights which may be included with downloaded software and/or information obtained
through Great Lakes Web Solutions, L.L.C.
- Limitations: Internet data obtained through
Great Lakes Web Solutions, L.L.C. or any portion thereof may be
copied, downloaded, stored, published, transmitted, transferred, sold or otherwise used,
in any form or by any means, where (I) Subscriber obtains the appropriate license, (ii)
secures the appropriate consent for copyrighted materials or (iii) if not otherwise
expressly prohibited by this Agreement, as allowed by the hing less than state-of-the-art Internet connectivity to our customers. Our Hosting and rely upon industry standard vendors for our technical hardware, including Cisco Systems routers, various servers powered by technology from Intel Corporation and Advanced Micro Devices (AMD).">
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THIS AGREEMENT IS ENTERED
INTO by and between the subscriber of this agreement ("subscriber") and Great
Lakes Web Solutions, L.L.C. regarding access to the Internet as
follows:
Part 1: Access to the Internet:
- Internet Access: This agreement allows the Subscriber to access the Internet. Subscriber
will be issued an Internet User Account Number.
- License: During the term of this Agreement and subject to the terms and conditions
hereof, Great Lakes Web Solutions, L.L.C. grants Subscriber non-exclusive, non-transferable, limited license to
access the Internet, through Great Lakes Web Solutions, L.L.C. Subscriber may access the Internet at such times
as it is generally available and use data made available to Subscriber on the Internet.
Subscriber hereby expressly agrees to comply with any and all license agreements or
copyrights which may be included with downloaded software and/or information obtained
through Great Lakes Web Solutions, L.L.C.
- Limitations: Internet data obtained through
Great Lakes Web Solutions, L.L.C. or any portion thereof may be
fair use provision of the
Copyright Act, 17 U.S.C. 107.
- Rights in the Downloaded Software and/or Information: All rights, titles, and interests
in the downloaded software and/or information and all languages, formats, and media
throughout the world, including the copyrights therein, are and shall continue to be the
exclusive property of the stated owners.
Part 2: Billing:
- Access Charges: Charges payable for access to and use of the Internet by means of
Great Lakes Web Solutions,
L.L.C. will be paid by the subscriber on a monthly or other negotiated contract basis, and
such access charges are payable as designated herein.
- Billing and Payment: Access charges to the Internet through
Great Lakes Web Solutions, L.L.C. will be billed
automatically to the Subscriber's credit card designated herein on the twenty-fifth day of
each month. The initial access fees for the first month of access shall be prorated
according to the number of days left in that month. Charges are exclusive of sales, use,
and other taxes which are the responsibility of the Subscriber. If Subscriber's credit
card payment is not authorized, Subscriber will pay the monthly access charges due and
owed to Great Lakes Web Solutions, L.L.C. within thirty (30) days of notice or further access to the Internet
will be denied. If full payment is not made, Subscriber may be charged up to the maximum
legal interest on the unpaid balance.
- Modification Charges: Charges may be modified prior to the effective date of this
Agreement and upon at least thirty (30) days prior notice to Subscriber in writing or
on-line.
Part 3: General Provisions:
- Responsibility for Certain Matters: Subscriber shall be responsible for all access to
and use of the software and/or information available on the Internet. Subscriber shall be
responsible for all access to the Internet whether or not Subscriber has knowledge of or
authorizes such access and use.
- Monitoring Access: Subscriber acknowledges that
Great Lakes Web Solutions, L.L.C. is not monitoring access to
the Internet. However, Subscriber further acknowledges and agrees that
Great Lakes Web Solutions, L.L.C. shall
have complete access to all information on Great Lakes Web Solutions, L.L.C.
System(s) and Subscriber waives
any claim, including but not limited to, invasion of privacy, with respect to said
information.
- Disclaimer of Warranties and Limitation of Liability:
(a) Disclaimer of Warranties: EXCEPT AS SPECIFICALLY PROVIDED HEREIN, SCHEDULES HERETO
OR AN APPLICABLE LICENSE AGREEMENT, THE SERVICE PROVIDED BY GLWS, L.L.C. AND THE SOFTWARE
AND/OR INFORMATION AVAILABLE ON THE INTERNET ARE PROVIDED "AS IS," WITHOUT
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE WARRANTIES
OF PERFORMANCE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
(b) Limitation of Liability: Subscriber's exclusive remedy and
Great Lakes Web Solutions, L.L.C. entire
liability hereunder, if any, for any claim(s) for damages made against it, whether based
on coninformation and all languages, formats, and media
throughout the world, including the copyrights therein, are and shall continue to be the
exclusive property of the stated owners.
Part 2: Billing:
- Access Charges: Charges payable for access to and use of the Internet by means of
Great Lakes Web Solutions,
L.L.C. will be paid by the subscriber on a monthly or other negotiated contract basis, and
such access charges are payable as designated herein.
- Billing and Payment: Access charges to the Internet through
Great Lakes Web Solutions, L.L.C. will be billed
automatically to the Subscriber's credit card designated herein on the twenty-fifth day of
each month. The initial access fees for the first month of access shall be prorated
according to the number of days left in that month. Charges are exclusive of sales, use,
and other taxes which are the responsibility of the Subscriber. If Subscriber's credit
card payment is not authorized, Subscriber will pay the monthly access charges due and
owed to Great Lakes Web Solutions, L.L.C. within thirty (30) days of notice or further access to the Internet
will be denied. If full payment is not made, Subscriber may be charged up to the maximum
legal interest on the unpaid balance.
- Modification Charges: Charges may be modified prior to the effective date of this
Agreement and upon at least thirty (30) days prior notice to Subscriber in writing or
on-line.
Part 3: General Provisions:
- Responsibility for Certain Matters: Subscriber shall be responsible for all access to
and use of the software and/or information available on the Internet. Subscriber shall be
responsible for all access to the Internet whether or not Subscriber has knowledge of or
authorizes such access and use.
- Monitoring Access: Subscriber acknowledges that
Great Lakes Web Solutions, L.L.C. is not monitoring access to
the Internet. However, Subscriber further acknowledges and agrees that
Great Lakes Web Solutions, L.L.C. shall
have complete access to all information on Great Lakes Web Solutions, L.L.C.
System(s) and Subscriber waives
any claim, including but not limited to, invasion of privacy, with respect to said
information.
- Disclaimer of Warranties and Limitation of Liability:
(a) Disclaimer of Warranties: EXCEPT AS SPECIFICALLY PROVIDED HEREIN, SCHEDULES HERETO
OR AN APPLICABLE LICENSE AGREEMENT, THE SERVICE PROVIDED BY GLWS, L.L.C. AND THE SOFTWARE
AND/OR INFORMATION AVAILABLE ON THE INTERNET ARE PROVIDED "AS IS," WITHOUT
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE WARRANTIES
OF PERFORMANCE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
tract or negligence, shall be as follows: (I) any claim(s) relating to
Great Lakes Web
Solutions, L.L.C.
Access Software shall be limited to the amount of charges paid by the Subscriber relative
to the period of occurrence of events which are the basis of the claim(s), (ii) any
claim(s) relating to the Internet shall be limited to the amount of Internet Access
charges paid by Subscriber relative to the period of occurrence of events which are the
basis of the claim(s). In no event, will Great
Lakes Web Solutions, L.L.C. be liable for any lost profits or
other consequential, exemplary, incidental, indirect or special damages, arising out of
this agreement or Subscriber's use of Great
Lakes Web Solutions, L.L.C. and/or the Internet, even if advised of
the possibility of such damages.
- Limitation of Claims: Except for claims relating to
Great Lakes Web Solutions, L.L.C. charges, no claim,
regardless of form, which in any way arises out of this Agreement or use of, or inability
to use the Internet, may be made, nor action based upon such claim brought, by Subscriber
more than one (1) year after the action accrues, if the basis for such claim becomes known
to the Subscriber desiring to assert it.
- Entire Understanding and Amendment: This Agreement, embodies the entire understanding
between the parties with respect to the subject matter hereof and supercedes any and all
prior understandings and agreements, oral or written, relating thereto. Except as
otherwise provided herein, Great Lakes Web Solutions, L.L.C. may amend the terms and conditions of this
Agreement by giving Subscriber at least thirty (30) days prior written or on-line notice
thereof. Any other amendments must be made in writing and signed by both parties.
- Term and Termination
(a) Effective Date: This Agreement will become effective upon approval and execution by
Great Lakes Web Solutions, L.L.C., in Kalamazoo, Michigan.
(b) Termination:
Great Lakes Web Solutions, L.L.C. shall have the option to terminate this Agreement at any
time by providing notice to the Subscriber.
(c) Termination Upon Breach:
Great Lakes Web Solutions, L.L.C. may terminate this Agreement, including
denying access to the Internet, immediately and without notice of termination to the
Subscriber, if Subscriber commits a material breach of this Agreement or of any obligation
to Great Lakes Web Solutions, L.L.C. under any other agreement between the parties.
(d) Obligations Upon Termination: Upon termination of access to the Internet,
Great Lakes Web Solutions,
L.L.C., at its option, may declare all charges with respect to such access immediately due
and payable, including all un-matured installments of initial charges and the full access
charges for any minimum initial access term agreed to by Subscriber. Upon any termination
of this Agreement, the licenses granted hereunder shall also terminate and Subscriber
shall comply with the obligations under the applicable license agreements.
(e) Force Major:
Greaount of charges paid by the Subscriber relative
to the period of occurrence of events which are the basis of the claim(s), (ii) any
claim(s) relating to the Internet shall be limited to the amount of Internet Access
charges paid by Subscriber relative to the period of occurrence of events which are the
basis of the claim(s). In no event, will Great
Lakes Web Solutions, L.L.C. be liable for any lost profits or
other consequential, exemplary, incidental, indirect or special damages, arising out of
this agreement or Subscriber's use of Great
Lakes Web Solutions, L.L.C. and/or the Internet, even if advised of
the possibility of such damages.
- Limitation of Claims: Except for claims relating to
Great Lakes Web Solutions, L.L.C. charges, no claim,
regardless of form, which in any way arises out of this Agreement or use of, or inability
to use the Internet, may be made, nor action based upon such claim brought, by Subscriber
more than one (1) year after the action accrues, if the basis for such claim becomes known
to the Subscriber desiring to assert it.
- Entire Understanding and Amendment: This Agreement, embodies the entire understanding
between the parties with respect to the subject matter hereof and supercedes any and all
prior understandings and agreements, oral or written, relating thereto. Except as
otherwise provided herein, Great Lakes Web Solutions, L.L.C. may amend the terms and conditions of this
Agreement by giving Subscriber at least thirty (30) days prior written or on-line notice
thereof. Any other amendments must be made in writing and signed by both parties.
- Term and Termination
(a) Effective Date: This Agreement will become effective upon approval and execution by
Great Lakes Web Solutions, L.L.C., in Kalamazoo, Michigan.
(b) Termination:
Great Lakes Web Solutions, L.L.C. shall have the option to terminate this Agreement at any
time by providing notice to the Subscriber.
(c) Termination Upon Breach:
Great Lakes Web Solutions, L.L.C. may terminate this Agreement, including
denying access to the Internet, immediately and without notice of termination to the
Subscriber, if Subscriber commits a material breach of this Agreement or of any obligation
to Great Lakes Web Solutions, L.L.C. under any other agreement between the parties.
(d) Obligations Upon Termination: Upon termination of access to the Internet,
Great Lakes Web Solutions,
L.L.C., at its option, may declare all charges with respect to such access immediately due
and payable, including all un-matured installments of initial charges and the full access
charges for any minimum initial access term agreed to by Subscriber. Upon any termination
t Lakes Web Solutions, L.L.C performance hereunder is subject to interruption and
delay due to causes beyond its reasonable control such as acts of God, acts of government,
war or other hostilities, civil disorder, the elements, fire or explosion, power failure,
equipment failure, industrial labor disputes, inability to obtain necessary supplies and
the like.
(f) Notices: All notices hereunder shall be given in writing to
Great Lakes Web Solutions, L.L.C., PO Box 3502 Kalamazoo, MI 49003-3502, Attention: Subscription Department, and to
Subscriber in writing or on-line at the address set forth below.
(g) Governing Law: This Agreement shall be governed by and construed under the laws of
the State of Michigan.
(h) General Provisions: Neither this Agreement nor any part or portion hereof shall be
assigned, sublicensed, or otherwise transferred by Subscriber without
Great Lakes Web Solutions, L.L.C. prior
written consent. Should any provision of this Agreement be held to be void, invalid,
unenforceable or illegal by a court, the validity or enforceability or the other
provisions shall not be affected thereby. Failure of either party to enforce any provision
of this Agreement shall not constitute or be construed as a waiver of such provision or of
the right to enforce such provision.
(I) Headings and Captions: The headings and captions contained in this Agreement are
for convenience only and shall not constitute a part hereof.
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