SERVICE TERMS AND CONDITIONS
SECTION
I
This instrument contains the
entire Agreement between the parties and no statements, promises, or inducements
made by either party or agent of either party that are not contained in this
agreement shall be valid and binding; this agreement may not be enlarged,
modified or altered, except in writing, signed by both parties and endorsed on
this agreement.
These Terms and Conditions (this
“Agreement”) apply to any services you receive from Maron Internet, Inc. or its
representatives, affiliates, subsidiaries, successors, or assignees; apply
to each Service
(whether offered on a stand-alone basis or in an integrated package); and
shall take
precedence in any conflict.
SECTION
II
This Internet connection
agreement is entered into by and between ________________________ (“Customer”)
and Maron Internet, Inc., located in Clinton, Maryland. Maron Internet, Inc. and Customer is
sometimes referred to in this agreement collectively as the Parties and
singularly as a
“Party”.
Term and
Termination
This agreement shall be for a
term of 1 year. Non-use of services
does not constitute termination and Customer is required to remit payment for
the entire term. The initial term
of this Agreement shall begin on the first day when the DSL line is installed
and operational and will continue for a period of 12 months from that date. Following the initial term, the parties
enter into a new Agreement for an additional term of not less than 1 year,
unless at least 30 days prior written notice is provided to Maron Internet, Inc.
by the Customer.
If you terminate early or in the
event of any disconnection by us for non-payment by you, except in response to a
material breach of this Agreement by Maron Internet, Inc. (before which Maron
Internet, Inc. shall be given written notice and 30 days to cure), you will be
obligated to pay the Early Termination Fee, which shall be that amount which is
equal to the number of months remaining in the then current term of the
Agreement multiplied by the agreed-upon monthly recurring fee or minimum revenue
commitment associated with the Service.
Any termination of Service or of this Agreement will result in all IP
addresses assigned to you by Maron Internet, Inc. reverting back to Maron
Internet, Inc. In addition, all
Maron Internet, Inc. property (including but not limited to Maron Internet, Inc.
equipment, facilities, and software) shall be returned to Maron Internet,
Inc. Maron Internet, Inc. reserves
the right to terminate this Agreement (or restrict or suspend Service) in the
event you violate this Agreement.
During the term of this Agreement, Maron Internet, Inc. reserves the
right to modify its pricing as set forth in the Agreement or elsewhere upon 30
days written notice.
Access to Customer Premises
and Equipment
As used herein and henceforth,
the term ‘installation’ consists of provisioning the copper pair for the DSL
service to the demarcation point in the building of the Customer and then
bringing the circuit to the site specified by the Customer with the router
configured and placed at the end of the circuit. The Customer is responsible for the
integration of the LAN or individual workstations at the site of
installation. If the Customer is
informed of the installation date and is not present to allow the technician
access to the Customer site a fee of $200.00 will be assessed for the missed
appointment. With respect to any
installation, maintenance, or repair provided by Maron Internet, Inc. in
connection with the Service, you agree to provide Maron Internet, Inc. with all
necessary access to your premises, internal wiring, customer premises equipment
(“CPE”), and other facilities and equipment and to allow Maron Internet, Inc. to
perform such installation, maintenance and repair.
The Customer premises equipment
provided by Maron Internet, Inc. is the property of Maron Internet, Inc.,
including but not limited to Maron Internet, Inc. equipment, facilities, and
software, and is to be returned
upon termination of service at the expense of the Customer. If the equipment should malfunction, it
will be replaced by Maron Internet, Inc.
Any changes to the router that are requested by the Customer will be made
by Maron Internet, Inc. and may be subject to a fee. Upon termination of service the Customer
will send the router and power supply back to Maron Internet, Inc. within 15
days or the Customer will be charged $475.00 for the
equipment.
Upon acceptance of the
Agreement, Maron Internet, Inc. shall notify Customer of its target date for the
delivery of each facility. Maron
Internet, Inc. shall use reasonable efforts to install each such facility on or
before the estimated availability date, but the inability of Maron Internet,
Inc. to deliver the facility by
such date shall not be default under this Agreement.
If the Customer cancels an order
before the installation takes place, a $200.00 processing fee will be assessed.
Payment
Policy
You agree to pay all Service
fees, incidental charges (including but not limited to charges associated with
install, expedite, moves, add, changes, deletions and cancellations), federal,
state and local taxes, surcharges, and other charges incurred on or through your
account. Maron Internet, Inc. is
not responsible for any delays that impede your ability to use the Installed
Service, including but not limited to delays requested by you or caused by a
third party or delays incurred as a result of problems connecting the Installed
Service to your LAN, PBX, or other CPE by you or a third party. Furthermore, Maron Internet, Inc. may
charge additional fees for changes made to orders after the Agreement is signed
by you, but before the Service is installed.
Initial charges from Maron
Internet, Inc. for Services with recurring monthly fees will not include any
start-up or installation fees and shall be invoiced at the beginning of the
first full month after this Agreement is signed. All invoices submitted to Customer are
due upon receipt and shall commence on the date of the installation. Any invoice, which is not paid in
full by Customer within 15 calendar days from the invoice date, shall be
considered Past Due. Any payment
received by Maron Internet, Inc. on or after the Past Due Date shall be subject
to an interest charge on delinquent amounts at the rate of 2% of the late
payment per month or the maximum rate allowed by law, whichever is lower,
prorated for each day past 30 days that payment is due.
Should you fail to keep your
account balance current, Maron Internet, Inc. has the right to suspend your
Service without notice (except as specified otherwise by FCC regulations, where
applicable) and continue billing until sufficient payment has been received by
Maron Internet, Inc. to bring current your account balance. If the Service is suspended for
non-payment, it will not be restored until all charges (including any interest
charges) are paid in full.
Furthermore, Maron Internet, Inc. will assess a $250.00 Reactivation Fee
to Customer for reinstating service.
Should you fail to bring current your account balance within 10 days
following suspension, Maron
Internet, Inc. has the right to completely disconnect Service, reclaim all Maron Internet, Inc.-owned
IP addresses, and charge all applicable Early Termination fees. If the Service is disconnected but can
be restored, Maron Internet, Inc. will only do so after all charges (including
any interest charges) and a $450.00 Service Restoration Fee are paid in
full.
Maron Internet, Inc. may use any
reasonable collection methods (including but not limited to sending your account
to a third party collections agency and/or submitting your company to a credit
rating agency for notation on your credit profile) to obtain payment for
outstanding balances. You agree to
reimburse Maron Internet, Inc. for its costs (including but not limited to
reasonable attorneys’ fees and/or collections agency fees associated with
collecting delinquent
or dishonored payments) and for additional fees assessed by Maron
Internet, Inc. for any check returned for insufficient
funds.
Notification from you of any
dispute regarding your bill must be submitted to Maron Internet, Inc. within 45
days of the invoice date or you will be deemed to have waived any objection to
such payment. Once such disputes
are identified, Maron Internet, Inc. will research such disputes in a reasonable amount of time
and will not hold you liable to the charges until Maron Internet, Inc. has
reached a conclusion on the validity of the claims. However, regardless of any billing
disputes, all non-disputed balances must be paid in full in accordance with the
Payment Policy.
Capacity
Limitations
The Customer may upgrade the
speed of the DSL circuit at any time.
There is no cost for the upgrade, only for the charge that applies to the
bandwidth. All Business-class DSL
orders are provisioned with 1 routable IP address unless otherwise
specified. If you would like to
request NAT (Network Address Translation) you must do so upon placing the
order. If the order requires more
IP addresses, they are available either for an additional cost or free of
charge, depending on the speed of the line. If Customer makes a request, which
changes the options on the order regarding the type or number of addresses,
there will be a processing fee of $50.00 assessed upon the receipt of the bill
for the first month of service.
Custom configurations such
as port mapping are also available, and must be submitted in e-mail form
to the representative who receives the Customer’s order two weeks prior to the
installation. Custom
configurations may carry an extra charge.
If an order is placed for SDSL
and is rejected as a result of loop length or because of a lack of facilities
the order will be automatically resubmitted for IDSL at a speed of 128k. The price for this services is
$125.00 and your bill will be
adjusted accordingly. The Customer
will be informed of this and will have the option of canceling the order before
the order is installed, without assessment of $195.00 processing fee. If SDSL should become available in the
future there will be no charge for the upgrade, only a $325.00 installation charge for the
provisioning of a new DSL
circuit. In order to receive SDSL a
new installation will have to take place, thus the $325.00 installation charge will be
assessed.
Maron Internet, Inc. makes no
warranties of any kind, whether expressed or implied, for the services it
provides except for the conditions of the Service Level Agreement. Maron Internet, Inc. disclaims any
warranty of business, fitness for a particular purpose and shall not be
responsible for any damage Customer may suffer. This includes but is not limited to loss
of data resulting from delays, non-deliveries or service interruptions caused
for whatever reason. However, Maron
Internet, Inc. agrees that if the service is not active as a result of
conditions under the control of Maron Internet, Inc. for a period of more than
40 hours in one month between the hours of 7:00 AM- 7:00 PM Monday through
Friday, the Customer shall have the option to terminate the
service.
Right to Perform Maintenance
Procedures
Generally Maron Internet, Inc.
shall provide notification to its customers of scheduled server or network
maintenance by e-mail. Such
scheduled maintenance will normally be performed during non peak operating
hours. However, Maron Internet,
Inc. reserves the right to perform
scheduled and unscheduled maintenance of its servers and network as
deemed necessary in its sole
discretion, and without prior notice.
The mail server space allotment
provided by Maron Internet, Inc. or its vendors is not intended for archival
storage of e-mail messages.
Customers are expected to download their e-mail messages within a
reasonable time period after such e-mail messages are received by the mail
server, and provide their own means for making backup copies of the downloaded
messages if backup copies are desired.
As such, and subject to the Disclaimer of Warranty provision and the other provisions of this
Agreement, Maron Internet, Inc.
reserves the right to delete from its e-mail servers at any
time, and without prior notice, e-mail messages which are greater than 30 days
old.
Protection of Systems of
Business
You agree that Maron Internet,
Inc. may also monitor use of the Service and disclose such use or other
information related to your account as Maron Internet, Inc. reasonably feels is
necessary to maintain, repair, and protect its systems or business. In addition,
although Maron Internet, Inc. does not systematically monitor the content on the
Hosted Website, Maron Internet, Inc. reserves the right to require content that
Maron Internet, Inc. determines in its sole discretion violates its acceptable
use policy (as set forth below) be promptly removed and, if it is not, to
suspend or terminate the Service without further
notice.
Acceptable
use
You agree not to use or allow
the use of the Service to in any way transmit or post material that, as Maron
Internet, Inc. determines in its sole discretion: (a) is prohibited by any law
or regulation; (b) disrupts third parties’ use or enjoyment of any services; (c)
invades the privacy of third parties, or violates the intellectual property
rights or other rights of Maron Internet, Inc. or any third party; (d) is
abusive, profane, libelous, slanderous, obscene, threatening, misleading,
harassing, discriminatory, or otherwise harmful or objectionable; (e) causes the
transmission or propagation of any virus, worm or other harmful or disruptive
components; (f) violates or tampers with the security of any computer equipment,
network, or program; (g) constitutes, facilitates, or encourages unsolicited
commercial email or “spam”; (h) violates any other use requirement of which
Maron Internet, Inc. may notify you from time to time or that is contained in
any acceptable use policy posted on Maron Internet, Inc.’s website. This
Agreement together with the actual removal of material or denial of access to
material by Maron Internet, Inc. is deemed notice to you within the meaning of
any Digital Millenium Copyright Act.
YOU REPRESENT AND COVENANT THAT ANY CURRENT OR PLANNED WEBSITE MARON
INTERNET, INC. OR ITS PARTNERS WILL BE HOSTING ON YOUR BEHALF (THE “HOSTED
WEBSITE”) DOES NOT AND WILL NOT VIOLATE THE AFOREMENTIONED ACCEPTABLE USE
POLICY. IF YOU VIOLATE THESE
POLICIES, MARON INTERNET, INC. RESERVES THE RIGHT TO IMMEDIATELY SUSPEND OR
DISCONNECT SERVICE AND CHARGE ALL APPLICABLE TERMINATION
FEES.
Unauthorized and Authorized
Third Party Use
You are responsible for ensuring
the confidentiality of any password you obtain from Maron Internet, Inc. and for
the consequences of any unauthorized use of your Service. If you have reason to believe that your
account with Maron Internet, Inc. is no longer secure, you must promptly notify
your Maron Internet, Inc. Customer Service Representative. You shall also be responsible for
ensuring compliance with any Service obligations or restrictions under this
Agreement by any customers of yours or other third parties authorized by you to
use your account, including but not limited to being fully liable to Maron
Internet, Inc. for any charges incurred as a result of such
usage.
General and Specific
Disclaimer of Warranties; Limitation of Liability; and Remedies
Without limiting this Agreement,
Maron Internet, Inc. shall not be liable for any loss of revenue or profit by
Customer or for any loss or damage arising out of this Agreement or out of the
use of Maron Internet, Inc. services provided under this Agreement or by any
person or entity, whether arising in contract, tort (including, without
limitation, negligence or strict liability) or otherwise and whether or not
Customer is informed of the possibility of such damages in advance. Further, there shall be no liability on
the part of Maron Internet, Inc. for any loss or damage sustained by Customer
for reason of defects or malfunctions in the hardware or software utilized in
the equipment as set forth in this Agreement. Maron Internet, Inc. shall not be held
accountable for any loss of your data or connection due, but not limited to
telephone company outage, power company outages or acts of
God.
The Customer expressly agrees
that the Services, including any associated installation, maintenance, or repair
and any associated equipment, software, or content, is provided to you without
warranties, either express or implied, including but not limited to the
warranties of merchantability, noninfringement, title, or fitness for a
particular purpose, all such warranties being expressly disclaimed.
Maron Internet, Inc.
specifically does not warrant that the services including security services will
be error or virus free and secure from third party intrusions, and compatible
with your equipment. Maron
Internet, Inc. also does not warrant any service, equipment or software provided
by a third party for which Maron Internet, Inc. is a reseller or sales agent.
You also agree that electronically stored data is highly sensitive and subject
to unforeseen loss due to a variety of causes; that the proper operation of any
computer system includes the making of regular backups; and that Maron Internet,
Inc. shall not be liable for any loss of data in connection with the services,
including any related installation or repair activity. Maron Internet, Inc. assumes no
responsibility or liability for the deletion or failure to store properly e-mail
messages or other files on its e-mail, web, ftp or other servers. Customers and users assume the entire
risk in downloading or otherwise accessing any data, files or other materials
obtained from third parties as part of the services, the software or underlying
systems.
Miscellaneous
Indemnification. You agree, at your own expense, to defend, indemnify, and
hold harmless Maron Internet, Inc., its affiliates, or representatives from and
against any and all claims or liabilities including, without limitation,
reasonable attorneys’ fees, arising from or relating to the use of the Service
by you or someone using your account (whether authorized or unauthorized) or any
violation of this Agreement or applicable law, including without limitation any
claims against Maron Internet, Inc. relating to the content on, or goods or
services provided through, the Service, such as defamation claims, copyright
claims, privacy claims, obscenity claims, etc. You acknowledge and agree that Maron
Internet, inc. takes no responsibility for the content on, or goods or services
provided through, the Service.
Maron Internet, Inc. shall not have any liability for indirect, direct,
punitive, incidental, consequential, or special damages suffered by you or any
other party, regardless or whether or not you or such parties have been advised
of the possibility of such damages.
The failure of Maron Internet,
Inc. to perform any obligation shall be excused as a result of any governmental
actions of any kind, wars, strikes, fires, floods, acts of God,
telecommunications failures, errors in the coding of electronic files, or any
causes of like or different kind beyond the reasonable control of Maron
Internet, Inc.
MARON INTERNET, INC. SHALL HAVE
NO LIABILITY WHATSOEVER FOR ANY CLAIMS, LOSSES, ACTIONS, DAMAGES, SUITS, OR
PROCEEDINGS RESULTING FROM: OTHER
USERS ACCESSING YOUR COMPUTER; SECURITY BREACHES; EAVESDROPPING; DENIAL OF
SERVICE ATTACKS; INTERCEPTION OF TRAFFIC SENT OR RECEIVED USING THE SERVICES;
YOUR RELIANCE ON OR USE OF THE EQUIPMENT OR SERVICES, OR THE MISTAKES,
OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN
OPERATION, TRANSMISSIONS, OR ANY FAILURE OF PERFORMANCE OF THE EQUIPMENT OR
SERVICES; THE USE OF THE EQUIPMENT OR SERVICES BY YOU OR A THIRD PARTY THAT
INFRINGES THE COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, CONFIDENTIALITY,
PRIVACY OR OTHER INDUSTRIAL OR INTELLECTUAL PROPERTY RIGHTS, PROPRIETARY RIGHTS
OR CONTRACTUAL RIGHTS OF ANY THIRD PARTY; THE ACCURACY, COMPLETENESS, AND
USEFULNESS OF ALL SERVICES, PRODUCTS, AND OTHER INFORMATION, AND THE QUALITY AND
MERCHANTABILITY OF ALL MERCHANDISE PROVIDED THROUGH THE SERVICE OR THE
INTERNET. YOUR USE IS AT YOUR OWN
RISK. YOU ASSUME FULL
RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF
FILES OR OTHER MATERIAL OBTAINED THRU THE INTERNET.
Independent Contractors. Neither party shall have the authority to bind the other
by contract or otherwise make any representations or guarantees on behalf of the
other. Both parties acknowledge and
agree that the relationship arising from this Agreement is one of independent
contractor, and does not constitute an agency, joint venture, partnership,
employee relationship or
franchise.
Assignment. This Agreement shall be binding on Customer and its
affiliates, successors and assigns.
Customer shall not assign, sell or transfer this Agreement or the right
to receive the services provided hereunder, whether by operation of law or
otherwise, without the prior written consent of Maron Internet, Inc. which
consent shall not be unreasonably withheld. Maron Internet, Inc. may terminate
this Agreement in the event of an actual or proported assignment or sale or
transfer of this Agreement by Customer without Maron Internet, Inc.’s prior
written consent.
Amendment. Any and all prior offers, contracts, agreements,
representations and understandings made to or with Customer by Maron Internet,
Inc. with respect to the subject matter under this Agreement, whether oral or
written, shall be superseded by this Agreement. No amendment or modification to this
Agreement shall be valid or binding upon the parties unless in writing and
signed by both parties.
Waiver. No failure or delay on the part of Maron Internet, Inc.
in the exercise of any right or privilege hereunder shall operate as a waiver
thereof or of the exercise of any other right or privilege hereunder, nor shall
any single or partial exercise of any such right or privilege preclude other or
further exercise thereof or of any other right or
privilege
Privacy. The name, address and payment information you provide to
Maron Internet, Inc., together with the information regarding the manner in
which you use Maron Internet, Inc. and/or the Internet, will not be disclosed to
any third party, except as required to process payment for services or as
required by law.
Entire Agreement. This Agreement constitutes the entire agreement between
the parties with respect to the subject matter hereof and supersedes all prior
and contemporaneous understandings or agreements, whether oral or
written.
Severability. If any provision of this Agreement is held to be
ineffective, unenforceable or illegal for any reason, such decision shall not
affect the validity or enforceability of any or all of the remaining portions
thereof.
Notice
Any notice to be given hereunder
by you to Maron Internet, Inc. shall be in writing and shall be addressed to
Maron Internet, Inc. at the following address: P O Box 1357, Clinton, MD
20735. Notices to you shall be sent
to either your Service e-mail address or to the Company address supplied
below.
SECTION
III
Effective
Agreement
This Agreement shall insure to
the benefit of and be binding on the partners, representatives, officers,
executives, assigns, agents and successors of the respective parties. The signatory below represent and
warrants his or her authority to execute, deliver and perform this Agreement on
behalf of the Company named below.
Maron Internet, Inc. shall be entitled to rely on any apparent or implied
authority of such signatory, which shall result in a binding and enforceable
agreement between Maron Internet, Inc. and the Company. Once the Company accepts
installation or actually uses any of the Services hereunder, Company waives any
right to thereafter object to the validity and enforceability of this Agreement
due to an alleged lack of authority by the signatory. Company expressly agrees to this
Agreement and to timely pay the charges set forth in this
Agreement.
Signature
Print Name
Title
Company Name
Address
Phone
Fax
Email
Billing Contact Name
Tax ID#
Maron Internet, Inc.
Representative