TOADNET INTERNET SERVICE AGREEMENT
AGREEMENT
This service agreement ("Agreement") is between ToadNet, Inc. ("ToadNet", "us", or "our") and the Subscriber ("you" or "your"). This Agreement sets forth the terms and conditions under which ToadNet agrees to provide, and you agree to use, ToadNet Internet Access Services ("service" or "services").
FORMATION
You agree that by clicking "I agree" during the ToadNet on-line registration process, or by providing verbal assent to an agent or employee of ToadNet, or by signing a written agreement form, and subsequently beginning or continuing to use ToadNet Internet Access Services, you consent to be bound by and do become a party to this Agreement.
In addition, you agree to comply with any amendments to this Agreement for which you receive notification by continuing to use the services after receiving such notification (see paragraph under the heading "Amendment", below). The current and binding terms of this Agreement are always set forth on the ToadNet home page at http://www.toad.net
If at any time you do not agree or no longer agree to comply with the terms of this Agreement you are not authorized to use ToadNet Internet Access Services. If at any time you do not agree or no longer agree to comply with any amendment which was not part of this Agreement at the time you purchased services, you have the right and duty to terminate this Agreement pursuant to the subscriber termination procedure provided herein (see paragraph under the heading Termination by Subscriber, below). If you determine, within 24 hours of the time at which your account is activated, that the terms of this Agreement are not acceptable, you may cancel your subscription (see paragraph under the heading "Cancellation", below).
CONTACT INFORMATION
You agree to provide ToadNet with accurate and complete contact information. Contact information means any data relating to your identity, electronic mail and street address, or telephone and fax number, or any other information that you provide to ToadNet in order to receive or to continue receiving services. Further, you agree to provide ToadNet with updated registration information within a reasonable period of time following the change in circumstance (e.g., taking new job results in a new work telephone number) that creates the need for updated information.
PERIOD OF SERVICE
You agree to pay for the period of service you select at the time you purchase services. This period will be specified in your service invoice. You agree that it is your responsibility to review your service invoice within a reasonable period after receiving your copy, to ensure that the invoice accurately indicates the period of service you requested. If not, it is your responsibility to immediately notify ToadNet to amend the invoice to indicate the period of service you requested. Your period of service commences on the date on which your account is activated.
RENEWAL OF SERVICE
Unless specified otherwise, all accounts will renew automatically at the end of the period corresponding to the plan that you select when you purchase services. If you do not wish to renew your account, you must follow the steps outlined in the section "Cancellation" below.
PRICE OF RECURRING SERVICES
ToadNet will bill you automatically at the end of each consecutive term of your service with ToadNet, in advance, for service to be rendered in the next billing period. In the event of a change in pricing of your service with ToadNet, you will be notified by e-mail, postal mail, or verbally of such price change, at least 24 hours prior to your regular billing date.
INTERNET ACCESS SERVICES
ToadNet agrees to provide you with Internet Access Services according to your specifications, at the time you make your purchase, regarding speed and type of connection. Regardless of your specifications ToadNet Internet Access Services include:
Unrestricted TCP/IP transport to the Internet. One or more electronic mail addresses. A licensed copy of one or more Internet browser software programs. Hosting for a web site of at least 10 MB.
ToadNet is not responsible for long distance charges associated with your use of our services. Before you use any dial-up number for Internet access, we recommend that you contact your local telephone company to verify that the number in question would be a local call from your area. You can reach your local operator by dialing "0". Let the operator know what number you're dialing from and what number you plan to use to connect to the Internet. The operator will verify whether or not the number is a toll-free call for you.
PERSONAL USE
You agree that use of the services you purchase is limited to your personal use. Personal use means active use by you or by another person who is either under your direct physical supervision or is using the services with your joint participation. Each access user account entitles you to one connection at any given time. Multiple, simultaneous connections with the same username can result in additional fees. In addition, you agree not to use any automatic redialing device to maintain a constant or extended connection with the ToadNet network while you are not personally using the services.
STANDARDS OF CONDUCT & ACCEPTABLE USE
You agree to conform your use of services to reasonable standards of conduct generally accepted and applied by internet users in your community, including but not limited to the following:
AMENDMENTS TO AGREEMENTYou agree not to use our service in the course of any criminal activity. You agree not to use our service in the course of any conduct that constitutes tortious activity, including but not limited to activity that constitutes defamation; fraud; false advertising; or violation of copyright, trademark, service mark, trade dress, or trade secret rights. You agree not to use our service in the course of any conduct intended to harass, threaten, or abuse, or that is designed to harass, threaten or abuse, or that actually harasses, threatens, or abuses any person. You agree not to use our service to distribute unsolicited commercial e-mail (UCE or SPAM). You agree not to use our service to post or distribute obscene materials or other sexually explicit or violent materials, display or distribution of which is restricted by local, state, or federal law.
ToadNet reserves the right to amend this Agreement at any time. You agree to comply with any amendment to this Agreement of which you are notified by continuing to use ToadNet Internet Access Services after receiving notification regarding that amendment. Notification means that the amendment is made accessible to you by incorporation into the electronic Agreement form posted on the ToadNet home page; and that you will receive a message explaining, and containing the text of, the amendment at your registered electronic mail address, street address, or fax number. The current and binding terms of this Agreement are set forth on the ToadNet home page at http://www.toad.net/
You agree that it is your responsibility to periodically review the ToadNet home page and your electronic mail to ensure that your use of the services complies with any amendments.
LATE CHARGES AND COLLECTION
You agree that ToadNet will assess monthly late fees, computed as the greater of either 4% of your outstanding balance or $3.00, on any amounts you continue to owe to ToadNet after the due date for such amounts has passed. ToadNet will clarify the due date applicable to your payments in your service invoice. You agree that ToadNet may assign unpaid delinquent charges to a collection agency for action. In the event ToadNet resorts to a collection agency, or takes other legal action to recover amounts you owe, you agree to reimburse ToadNet for all legitimate expenses actually incurred in recovering such amounts (including attorney's fees).
CANCELLATION
Once your service has billed, there are no refunds and your service will close at the end of the paid cycle.
PRECEDENCE OF DOCUMENTS
Except where specifically provided to the contrary (signed contract), the terms and conditions of this Agreement will control over any conflicting or inconsistent terms contained in any attachment, exhibit, or amendment to this Agreement.
TERMINATION BY TOADNET - VIOLATION OF AGREEMENT
ToadNet reserves the right to terminate your services before the end of your period of service, without any refund or compensation to you, in the event your services are used in a manner that:
Violates any of the terms or conditions of this Agreement. Tends to damage the good name, or standing in the community, of ToadNet or its affiliates or subsidiaries. Interferes unreasonably with other Subscribers' use and enjoyment of services provided by ToadNet.
In order to terminate, ToadNet will send a written termination notice, including a brief statement of grounds, to your registered electronic mail address, street address, or fax number. ToadNet may thereafter terminate your service after seven days from the date the termination notice was sent, unless you first provide ToadNet with a reasonably adequate explanation or illustration that the grounds set forth for termination are not valid under this Agreement.
TERMINATION BY TOADNET - VIOLATION OF AMENDMENT
ToadNet reserves the right to terminate your services before the end of your period of service in the event your services are used in a manner that violates any amendment that was not a part of this Agreement at the time you purchased services. In order to terminate, ToadNet will send a written termination notice, including a brief statement of grounds, to your registered electronic mail address, street address, or fax number. ToadNet may thereafter terminate your service after seven days from the date the termination notice was sent, unless you first provide ToadNet with a reasonably adequate explanation or illustration that the grounds set forth for termination are not valid under this Agreement and any amendment(s).
TERMINATION BY SUBSCRIBER
In the event an amendment is adopted by ToadNet, which was not
part of the Agreement when you purchased your service,
and which you find unacceptable or otherwise impossible to comply
with, you have the right and duty to terminate your services.
In order to terminate services, please submit via postal mail
or via fax a letter, in which you set forth your
username, real name, signature, and a brief statement of grounds
for termination, including specific identification of the
relevant amendment(s). Upon receipt of your notice of
termination, your account will be terminated and you will not
be liable for any future service fees. By terminating your
service, you agree that you have received all services, rights, and other obligations
owed to you by ToadNet under this Agreement.
NO WARRANTIES
TOADNET DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL TOADNET BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE, PARTIAL USE OR INABILITY TO USE THE SERVICE, EVEN IF TOADNET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
LIMITATION OF LIABILITY
YOU AGREE THAT TOADNET WILL NOT BE HELD LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT THAT YOU PAID TO TOADNET FOR SERVICES UNDER THIS AGREEMENT.
NO LIABILITY FOR SUBSCRIBER ACTIONS
You agree that ToadNet is not responsible for any action taken by you while using your services. You agree to take full responsibility for any action performed using your services (whether the action is performed by you or by an unauthorized third-party user of your services). You agree to defend, release, indemnify, and hold harmless ToadNet, its affiliated companies, and licensors from all liabilities, claims, and expenses, including attorney's fees, arising from any use, authorized or unauthorized, of your services.
NO LIABILITY FOR SUBSCRIBER ERROR - NETWORK ACCESS
ToadNet makes available local phone numbers which may be used to access its network without incurring access fees by a telephone carrier. It is the subscriber's responsibility to use an appropriate access number for his/her area; ToadNet is not responsible for any fees subscriber may incur with any other company in connecting to our network. ToadNet's list of access numbers is made available as a courtesy and does not warrant its accuracy with respect to telephone carrier's local calling areas. ToadNet is not liable for subscriber dialing "1" to access our network; ToadNet is not liable for fees incurred with 800/888 "WATS" service by subscriber.
SERVICE INTERRUPTIONS
ToadNet agrees to make reasonable efforts to provide continuous service to you. You understand and agree that temporary interruptions may occur as normal events in the provision of service. Under no circumstances shall ToadNet be held liable for any financial or other damages due to such service interruptions.
CONTENT
You agree that all information provided through your use of services is provided "AS IS"; that ToadNet's link to a web site does not, in any way, represent or imply an approval of, or a determination of the quality of that product or service; that any links provided by ToadNet are maintained by their respective organizations, which are solely responsible for their content. You agree to hold ToadNet harmless for any and all damages arising out of use of such products, services, or links.
FORCE MAJEURE
You agree that ToadNet is not responsible for delays, damages or failures in performance due to causes beyond ToadNet's reasonable control, including but not limited to acts of a governmental body; acts of God; acts of third parties; fires; floods; strikes or other labor-related disputes; or an inability to obtain necessary equipment or services.
NON-WAIVER
You agree that ToadNet's failure at any time to enforce any of the provisions of this Agreement or any right or remedy available hereunder, or at law or equity, or to exercise any option herein provided, shall in no way be construed to be a waiver of such provisions, rights, remedies or options or in any way to affect the validity of this Agreement. The exercise by ToadNet of any rights, remedies or options provided hereunder, or at law or equity, shall not preclude or prejudice ToadNet from exercising thereafter the same or other rights, remedies or options.
INTEGRATED AGREEMENT
You agree that this Agreement is the entire agreement between you and ToadNet regarding the subject matter of this Agreement; and supersedes all prior representations, understandings or agreements regarding the subject matter of this Agreement.
SEVERABILITY
You agree that if any of the terms or conditions in this Agreement are properly found to be invalid or unenforceable by a government body, the remaining terms or conditions of this Agreement shall not be affected by the finding and shall continue to apply.
CHOICE OF LAW
This Agreement shall be treated as though it were executed and performed in Severna Park, in Anne Arundel County, Maryland, and shall be governed by and construed in accordance with the laws of the United States of America and of the State of Maryland, without regard to conflict of law principles. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. All legal proceedings arising out of or in connection with this Agreement shall be brought solely in a court of competent jurisdiction in Anne Arundel County, Maryland. Subscriber expressly submits to the jurisdiction of said courts; and Subscriber consents to extra-territorial service of process.