User Service Agreement
January 1, 1997
1. The GreeleyNet Online Service (the "Service") consists of the computing and communications services, software, databases, data, information and all other material (collectively "Information") available through GreeleyNet and Front Range Internet Inc. ("FRII"). These terms and any Operating Rules published over the Service constitute the entire agreement (collectively "Agreement") between GreeleyNet, FRII and Customer with respect to the Service and supersede all other communications.
2. Upon notice published over the Service, GreeleyNet and FRII may modify this agreement, the Operating Rules or prices. FRII may discontinue or revise any or all other aspects of the Service at its sole discretion and without prior notice.
3. Unless otherwise agreed, Customer's right to use the Service or to designate users is not transferable and is subject to any limits established by GreeleyNet or FRII. The Service is a Private Membership System. As such, GreeleyNet and FRII reservs the right to refuse any application, or cancel any membership with a full refund of unused fees, at its sole discretion. Should GreeleyNet or FRII suspend or terminate the service pursuant to this agreement, the Subscriber has no right to any data stored and GreeleyNet nor Front Range Internet will be under no obligation to make such data or any copies of it available to subscriber in any form whatsoever. Should this agreement terminate for any reason whatsoever, Subscriber data stored on GreeleyNet's and Front Range Internet's facilities will be explicitly erased without prior notification.
4. The Service may only be used for lawful purposes. Transmission of any material in violation of any US or state regulation is prohibited. This includes, but is not limited to copyrighted material or material protected by trade secret. Customer agrees to indemnify GreeleyNet and FRII against liability for any and all use of Customer's account.
5. Customer is responsible for and must provide all telephone and other equipment and services necessary to access the Service.
6. Customer shall pay, in accordance with the provisions of the billing option selected by Customer, any registration or monthly fees, connect time charges, minimum charges and other charges incurred by Customer or its designated Users at the rates in effect for the billing period in which those charges are incurred, including but not limited to charges for any purchases made through the Service and any surcharges incurred while using any supplemental networks or services other than the Service. The Customer shall pay all applicable sales and use taxes relating to its and the Users' use of the Service. The Customer shall be responsible for all use of the Service accessed through Customer's or its designated Users' password(s).
7. Customer expressly agrees that use of the service, which includes the contents thereof and any storage or use of information, is at customer's sole risk. Neither GreeleyNet, FRII nor any of its information providers, licensors, employees, or agents warrant that the service will be uninterrupted or error free; nor does GreeleyNet, FRII or any of its information providers, 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 GreeleyNet, FRII 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 ot use of the service or inability to use the service or out of any breach of any warranty. The provisions of this section 7 will survive any termination of this agreement.
8. Neither Customer nor its designated Users may reproduce, redistribute, retransmit, publish, or otherwise transfer, or commercially exploit, any proprietary information which they receive through the Service except with express approval in writing and signed by a duly authorized representative of FRII, GreeleyNet, or copyright holder.
9. The provisions of Paragraph 7 and 8 are for the benefit of GreeleyNet, FRII and its Information Providers, Licensors, Employees, and Agents; and each shall have the right to assert and enforce such provisions directly on its own behalf.
10. This agreement is, and shall be governed by and construed in accordance with the laws of the State of Colorado applicable to agreements, made and performed in Colorado. Any cause of action of Customer or its designated Users with respect to the Service must be instituted within one year after the claim or cause of action has arisen or be barred.
11. If Customer's account is a qualified business account and approved by GreeleyNet or FRII for invoice billing, charges, other than access fees for the Service provided under this agreement will be accumulated and identified by User-ID and will normally be invoiced following the last day of the month in which the service is provided. Access fees will be invoiced in advance. Terms of payment on all charges are net, fifteen (15) days in the currency in which billed. If any payment due hereunder is not made by the Customer within thirty (30) days after the invoice date, late charges of five dollars ($5) may be assessed and payable with respect to such payment. For accounts not approved by GreeleyNet or FRII for invoice billing, Customer must prepay. GreeleyNet or FRII may, at their discretion and without notice to the Customer, (a) suspend its performance under this agreement and the Customer's and its Users' access to and use of the Service until full payment of outstanding balance or (b) terminate this agreement and the Customer's and its Users' access to and the use of the Service. Delinquent accounts over 60 days may be terminated and subject to a $50 reinstatement fee. The Customer agrees to pay all costs including attorney's fees in the collection of outstanding accounts.
12. To terminate services, user must give written notice by USPS or email. All accounts will be terminated at the end of their monthly or annual term. Customers who terminate their accounts within 24 hours of creation will receive a refund of unused access fees. Setup fees are non-refundable.
13. This agreement contains the full understanding of the parties with respect to the subject matter hereof, and no waiver, alteration, or modification of any of the provisions hereof shall be binding on either party unless in writing and signed by duly authorized representatives of the parties. Neither the course of conduct between parties nor trade practice shall act to modify the provisions of this Agreement.
©1996 GreeleyNet Online