Plus Customer Service Agreement
Customer Service Agreement
This Customer Service Agreement (Agreement), effective
the ___ day of _________ 2010, is between Internet
Plus, a Texas sole-propritorship having its principal office
in Houston, Texas and ___________________________________ ("Customer").
Scope of Agreement
This Agreement and any hosting and/or web site development services
(collectively the Services) are subject to the terms and
conditions set forth herein and the specific terms and conditions
of any applicable schedules describing the Services. Customer agrees
to abide by the terms and conditions of the Agreement and any schedules
attached hereto and, pay Internet Plus
the complete price for the Services. Further, Customer acknowledges
that Internet Plus does not own,
operate or manage the Internet and the Internet is in no way affiliated
with Internet Plus. The Internet
is a computer network of inter-operable packet switched data networks.
Therefore, Customer agrees that Internet
Plus cannot and will not guarantee that their services
will provide Internet access that is sufficient to meet Customer's
needs. Customer agrees that its use of the Internet and the Services
is solely at its own risk and is subject to all applicable local,
state, federal and international laws and regulations. Internet
Plus Services are for the benefit of the Customer.
Content of Communications
Customer must evaluate and bear the risks associated with the subject
matter, accuracy, completeness or usefulness of any content available
on or through the Services. Internet Plus
reserves the right to restrict content published on Internet
Plus servers. Internet Plus
does not pre-screen content placed on Internet
Plus's computer servers by Customer or any of its subscribers.
Internet Plus does not have the
practical ability to monitor, review, or restrict, prior to its transmission,
content on Internet Plus's servers.
In addition, Internet Plus cannot
ensure the prompt editing or removal of any content posted on Internet
Plus's servers. Customer understands and agrees that Internet
Plus is not liable for any action or inaction with respect
to any content posted on or through the Internet
Plus services on the Internet.
Copyright and Other Rights
The Services provide access to content that is protected by copyrights,
trademarks, intellectual property rights, and other proprietary rights
(collectively "Rights") of Internet
Plus and other independent third parties who make such
content available on or through the Services and/or the Internet.
Customer's use of content shall by governed by all applicable laws
and regulations, and by the specific restrictions placed on such content
by the owners or licensers of the Rights of such content. Customer
will not upload or download, to or from any software files, message
boards, etc., and/or otherwise post, transmit or download on or through
the Services, any content that is subject to any Rights, unless Customer
has received express authorization to copy and/or distribute such
content on or through the Service from the holder of such Rights.
Further Customer agrees that it will not assist in the posting, transmittal
or downloading of any content that is subject to another party's rights,
on or through the Internet Plus
Services, without the party's express permission. Any such activity
may result in (1) immediate termination of this Agreement, and/or
(2) civil and/or criminal penalties. By posting or transmitting content
to any public area (e.g. website, public chat rooms, message boards,
software libraries, etc.), Customer represents and warrants to Internet
Plus that Customer has the right to post or transmit such
content and that such content does not infringe any copyright, or
violate any right of privacy, libel or violate any proprietary or
other right of any other person whatsoever. Customer hereby agrees
to defend and indemnify Internet Plus
for any loss, liability, claim or expense whatsoever arising out of
or relating to any unauthorized posting or transmission, including
all reasonable attorneys fees and costs.
LIMITATION OF LIABILITY
INTERNET PLUS SHALL NOT BE LIABLE TO
CUSTOMER OR ANY OTHER THIRD-PARTY FOR ANY CONSEQUENTIAL, INDIRECT,
SPECULATIVE OR DAMAGES OF ANY OTHER KIND INCLUDING, WITHOUT LIMITATION,
LOSS OR LIABILITY RESULTING FROM: (1)LOSS OF DATA; (2) LOSS OF SOFTWARE
OR HARDWARE; (3) LOSS OR LIABILITY RESULTING FROM ACCESS DELAYS OR
ACCESS INTERRUPTIONS; (4) LOSS OR LIABILITY RESULTING FROM COMPUTER
VIRUSES; (5) LOSS OR LIABILITY RESULTING FROM DATA NON-DELIVERY OR
DATA MIS-DELIVERY; (6) ANY OTHER LOSS OR LIABILITY RESULTING FROM
THE NEGLIGENT ACTS AND/OR OMISSIONS OF INTERNET
PLUS ; (7) LOSS OR LIABILITY RESULTING FROM ANY ERRORS, OMISSIONS,
OR MISSTATEMENTS IN ANY AND ALL INFORMATION, GOODS, OR SERVICES OBTAINED
ON OR THROUGH THE SERVICE; AND (8) LOSS OR LIABILITY RESULTING FROM
ACTS OF GOD. THIS LIMITATION OF LIABILITY APPLIES EVEN IF INTERNET
PLUS IS AWARE OR EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
INTERNET PLUS'S ENTIRE LIABILITY WITH
RESPECT TO CUSTOMERS USE OF THE SERVICES AND/OR THE SOFTWARE,
AS WELL AS ANY BREACH OF THE AGREEMENT, IS SOLELY AND EXCLUSIVELY
LIMITED TO THE AMOUNT CUSTOMER HAS PAID TO INTERNET
PLUS IN CONNECTION WITH THE SERVICES AND/OR THE SOFTWARE LICENSE
OVER THE PREVIOUS THIRTY (30) DAY PERIOD.
The Services will commence on the date the Services are activated
pursuant to any applicable schedules and will renew on a month-to-month
basis on the terms and conditions as set forth herein, unless otherwise
agreed in writing. Accordingly, all applicable prices of the Services
are subject to change upon thirty (30) days notice.
Billing and Collection
Internet Plus may require an advance
payment, progress payments, or other forms of security as a condition
of acceptance of any order for Services. Internet
Plus will invoice Customer monthly, unless otherwise agreed.
Invoices are due and payable upon receipt. In the event the Customer
fails to pay charges billed by Internet Plus,
or its billing agent, Internet Plus
reserves the right to immediately suspend or discontinue services.
Internet Plus may assign unpaid
late balances to a collection agency for appropriate action. In the
event legal action is necessary to collect on balances due, Customer
agrees to reimburse Internet Plus
for all expenses incurred to recover sums due, including reasonable
attorneys fees, costs of court, and any other legal expenses (up to
and including costs and expenses incurred upon appeal).
Regulatory Approval, Cancellation and Termination
This Agreement, together with any applicable Schedules, shall be at
all times subject to any changes or modification by state regulatory
commissions, Federal Communications Commissions, and/or any other
judicial and/or regulatory bodies having jurisdiction with respect
to same. In the event of a ruling, regulation or order issued by a
judicial, legislative or regulatory body that causes Internet
Plus to believe that this agreement may be in conflict
with such rules, regulation or orders, the Customer shall either agree
to modify this Agreement to conform to the terms of such rules, regulations
or orders, or Internet Plus may
terminate this Agreement, effective immediately, without liability.
Customer or Internet Plus may
terminate the Services upon thirty (30) days prior written notice,
provided, however that Customer shall pay the full amount due through
the end of the current monthly billing period. Customer is responsible
for backing up all content including, but not limited to, pictures,
text, data, logos and/or other uploaded material. Should either party
terminate this agreement, Internet Plus
shall not be responsible for transferring any content whatsoever.
Further, Customer acknowledges and expressly agrees that all license
rights to Internet Pluss
Software terminate upon the termination of this Agreement. Internet
Plus may restrict or terminate the Services at any time
if Internet Plus, in its sole
discretion, believes or determines that Customer is in violation of
this Agreement. Internet Plus
will have no liability to Customer for any restriction or termination
of Services pursuant to such violation. Further, if Customer fails
to pay any monthly charges when due, Customer shall be in default,
and Internet Plus may immediately
terminate this Agreement. Upon such termination by Internet
Plus, Customer shall remain liable for any applicable charges
incurred to date.
Each party agrees to maintain in secrecy and hold confidential the
proprietary information of the other. The duty of confidentiality
shall extend, but not be limited to, software, plans, drawings, diagrams,
programs, lists, methods, or systems of any kind. This duty of confidentiality
shall not extend to information which (1) was already in possession
of the party, (2) is received from a third party not a party to this
Agreement and not in breach of any duty of confidentiality, or (3)
is part of the public domain, common knowledge or is otherwise generally
If any of the provisions of this Agreement shall be invalid or unenforceable,
such invalidity or unenforceability shall not invalidate or render
the entire Agreement unenforceable, but rather the entire Agreement
shall be construed as if not containing that particular invalid or
unenforceable provision or provisions, and the rights and obligations
of the parties shall be construed and enforced accordingly.
The terms and conditions contained herein, and in any other applicable
schedules attached hereto, shall constitute the entire agreement between
Internet Plus and Customer which
may not be modified except by a written instrument signed by an authorized
representative. The provisions hereof supersede all prior agreements,
oral and/or written, and any other communications, written and/or
oral, between the parties with respect to the subject matter hereof.
Customer hereby acknowledges and agrees that Customer is not relying
on any statement, communication, writing or understanding, if any,
not expressly contained herein. IN WITNESS WHEREOF, the foregoing
Agreement has been executed by authorized representatives of the parties
hereto, in duplicate, as of the dates set forth below.