EXHIBIT 10.5
D E L T A I N T E R N E T S E R V I C E S
TERMS AND CONDITIONS FOR THE USE OF A DEDICATED INTERNET ACCESS ACCOUNT
1. This Agreement by and between Delta Internet Services, duly authorized
and existing under the laws of the State of California with its main
office at 000 X. Xxxx Xxxx, Xxxxx 000, Xxxxxxx, Xxxxxxxxxx 00000
("Delta"); and the Customer (as indicated in this agreement) for the
provision by Delta or its subcontractors and affiliates, of certain
computer and network services, for the use by the Customer.
2. This service is to cover Dedicated Internet Access by the Customer
only and does not extent to any other person, corporation or entity,
regardless of their relationship with the Customer. This account is
considered personal and private, and under no circumstances is the
account to be share with outside parties. Direct or indirect access
to the Internet from this account by any third party is expressly
forbidden, in particular, IP traffic for IP addresses, other than
those issued by Delta, will not be allowed. The Customer may perform
work or offer services, on behalf of a third party, that results in
the presentation of the third party's information or products on the
Internet. Accounts which have been transferred to other parties or
show other activity in violation of this paragraph, are subject to
immediate cancellation.
3. Use of this account to violate the security of any computer network,
crack passwords or security encryption codes, transfer or store
illegal materials including that deemed threatening or obscene, or
engage in any kind of illegal activity is expressly prohibited. The
Customer will abide by all its rules, regulations and policies of
those networks and computer systems accessed via this account whether
operated by Delta or not. If the Customer is unsure of those
policies, it is the Customer's responsibility to ascertain said
policies. The Customer agrees to indemnify and hold Delta harmless
from any claims resulting from the Customer's use of the service which
damages either the Customer or another party or parties.
4. A Dedicated Internet Access account with Delta entitles the Customer
to pass IP traffic between the Customer's network and the internet
through Delta's network. The Customer must adhere to all technical
requirements specified by Delta. Delta will provide SMTP mail to an
appropriate mail service at the Customer's site. Individual POP e-
mail accounts with Delta's domain and/or UUCP mail are not included with
this account, but may be obtained for additional fees. Delta will provide
a modest UseNet news feed (nor more than 100 groups), or up to 4 concurrent
NNTP news accounts with the basic dedicated access account. A more
comprehensive news feed or additional NNTP access accounts may be obtained
or an additional fee. Delta will allow discretionary (use of name servers to
resolve host names on the Customer's network. All domain name, IP address,
and IP routing changes and/or additions must be coordinated through Delta
and may incur additional fees.
The Customer is responsible for providing Delta with a reliable 24 hour
contact to notify in the event of failure or down-time for maintenance.
5. The Customer is responsible for any and all fixed and accumulative
charges for this account. The account setup fee and your first month
service fee will be charged to the Customer immediately. Each month,
on the date that the Customer's account is considered functional by
Delta, the account will be charged monthly access and any other fees
for the new month plus any accumulated charges for the past month. If
you are paying for your account by check. Delta may require a deposit
for your account.
6. The Customer agrees to pay all billed amounts according to credit card
issuer agreement until the Customer cancels the account or
discontinues credit card billing. Payments by check not made within
14 days of the billing date are to be considered delinquent and may be
subject to reasonable collection and legal fees as well as interest
accrued at 1.5% per month, or the state legal limit, whichever is
lower. Returned checks are subject to a change of $25.00. All
account holders will be given 60 days notice prior to any change in
pricing policy.
7. Any change the Customer requests to their account, including without
limitation protocol, configuration, or passwords, may be subject to a
fee. The actual fee will be quoted by Delta at the time of the
request.
8. The Customer agrees that Delta has the right to suspend or cancel an
account for any reason, including, without limitation, the
investigation of policy or agreement violations, inappropriate use,
use of excessive system or network resources, or nonpayment of
services fees. in the event that Delta suspends or cancels an
account, Delta will made a reasonable effort to notify the Customer of
the act prior to the actual event.
9. The Customer must cancel with written notice sent to the address of
Delta listed in this agreement. The Customer agrees that Delta has
the right to delete all data, files or other information (that is
stored on Delta's servers on behalf of the Customer, if the account is
canceled, for any reason, by either the Customer or Delta.
10. All setup fees and first month's recurring fees are non-refundable,
unless the Customer is unsuccessful in using the account and notifies
Delta, in writing, within thirty days of establishing said service.
In the event of a cancellation in the first thirty days, the Customer
is liable for any and all expenses incurred by Delta in establishing
the Customer's account. Beyond the initial thirty day period, any
fees paid are refundable at Delta's discretion.
11. It is the Customer's responsibility to provide all hardware,
peripherals and software necessary to support the particular account
and configuration selected. Delta assumes basic technical competence
on the part of the Customer. as well as the ability to independently
obtain and configure the necessary software and hardware. Delta will
provide free phone support for most technical issues relating to the
setup of the Customer's account for technical issues that may arise
over the lifetime of the account; however, Delta has the right
to determine the extent to which it will work with any Customer. The
Customer will endeavor to use e-mail technical support whenever possible
for contacting xxxxxxx@xxxxxxxx.xxx.
12. LIMITED WARRANTY. No warranty is made by Delta regarding bandwidth or
any information, services or products provided through, in connection
with, or located on the computer systems at Delta, or elsewhere, or
other services provided by Delta or other parties, and Delta hereby
expressly disclaims and all warranties, including, without limitation;
1) any warranties as to the bandwidth, availability, accuracy, or
content of information, products, or services; and 2) any warranties
of merchantability or fitness for a particular purpose.
13. LIMITED LIABILITY. Any liability of Delta, including without
limitation any liability for damages caused or allegedly caused by any
failure or performance, error, omission, interruption, deletion,
defect, delay or operation or transmission, communications the
failure, theft or destruction of, or unauthorized access to,
alteration of, or use of records, whether for breach of contract,
tortuous behavior, negligence, or under any other cause of action,
shall be strictly limited to the amount paid by or on behalf of the
Customer to Delta for the current month.
14. The terms and conditions of this agreement supersede any previous
agreement, statement of terms and conditions, or understanding between
Delta and the Customer. The Customer agrees that Delta has the right
to change or modify its acceptable use policy at any time
15. By the use of a Delta account, the Customer accepts the terms and
conditions set forth in this agreement.
I hereby agree to be responsible for payment of this account and to abide by the
terms and conditions set forth above.
/ / VISA / / MasterCard / / AMEX / / Discover / / Invoice/Check
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