Internet 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 it’s 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 CUSTOMER’S 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.

Term
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 Plus’s 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.

Confidentiality
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 known.

Severability
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.

Entire Agreement
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.

CUSTOMER

Company: ____________________
Name: _______________________
Title: ________________________
Date: ________________________

Internet Plus

Name: _______________________
Title: ________________________
Date: ________________________


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E-mail: george.rogers@internet-pls.com