Thank
you for choosing
WARPCORE DSL Services
for your Internet needs. Once this order is accepted by HLS,
it will constitute a binding agreement between you and WARPCORE
DSL ("the Agreement") for the Service(s) on the
form you are submitting for our Product/Service Quote.
Fees
Fees
include without limitation, set up fees, monthly service fee,
equipment fees and other applicable costs set forth above.
WARPCORE DSL will invoice fees for Services and any equipment
in advance. You agree to pay all federal, state or local taxes
arising under this Agreement. Payment terms shall be net 10
days from date of invoice. You are always expected to pay
for the future month's service.
You are solely responsible for the payment of all telephone
company charges. Setup fees are not refundable. If you deem
it necessary to terminate the circuit (move to a new location),
you will be responsible for additional WARPCORE DSL and telephone
company fees. WARPCORE DSL is not responsible for any phone
service disruptions caused by termination.
Purchase Orders
All
purchase orders are subject to credit approval by Higher Learning
Systems. You agree to be bound by the terms and conditions
of the Agreement, any printed terms and conditions in the
purchase order shall be of no force and effect. Purchase orders
must be submitted in writing; a purchase order number alone
will not suffice. Invoices based on approved Purchase Orders
shall have payment terms of net 30.
Credit Cards
By
providing your credit card number and your signature at the
end of this order package, you authorize Higher Learning Systems,
Inc to charge your credit card for the options checked above.
Your account will be considered delinquent if your credit
card company refuses for any reason to pay the amount billed
to it and that amount remains unpaid at the beginning of the
next accounting cycle.
Price Changes
Customer
acknowledges and agrees that WARPCORE DSL has the right to
change its charges at any time subject to applicable law and
upon notice to Customer.
Customer Charges
Customer
acknowledges that Customer may incur charges while using the
Services. For example, charges may be incurred as a result
of accessing certain information, or purchasing or subscribing
to certain offerings, via the Internet. Customer agrees that
all charges, including all applicable taxes, shall be paid
by Customer and are not the responsibility of Higher Leaning
Systems, Inc.
Term
The
term of this Agreement shall commence on the Effective Date
and continue for as long as WARPCORE DSL provides any Services
to you hereunder. The term for any Services shall automatically
renew on a month-to-month basis at your current rate following
your expiration, unless you notify WARPCORE DSL in writing
at least ten (10) days in advance of your intent to cancel.
Termination. Service may be terminated by you or WARPCORE
DSL for any reason effective at the end of a calendar month
by providing written notice to the other party at least ten
(10) days prior to the requested termination date. WARPCORE
DSL may terminate your account immediately if it determines,
in its sole discretion, that you have violated any of the
provisions of the Agreement. If you fail to make any payment
to WARPCORE DSL for ten (10) days or more, WARPCORE DSL may
terminate this Agreement and/or disable the Service. To re-enable
Service, WARPCORE DSL may require a reconnection fee. Termination
does not affect your obligations under this Agreement, including
your obligation to pay all fees for Services rendered prior
to termination and any penalties incurred by such termination.
If your account includes space on Higher Leaning System's
server, anything stored on this space will be deleted upon
inactivation. In the event that you terminate the Services
prior to the expiration of your chosen term, if any, WARPCORE
DSL will charge an early termination penalty as follows: 1
year term = 1 month service fee penalty.
To cancel your account, you must contact Higher Learning System's
Customer Service department at 1-910-482-8084. All WARPCORE
DSL accounts must be paid in full before a cancellation will
be considered complete. In the event you upgrade your Service,
you may be required to sign a new Order Package and begin
a new term for the replacing service. There is no penalty
for early termination if you upgrade your Service.
Schedule of Minimum Service Requirements
and Charges
These
charges are current as of the published date, but are subject
to change at any time, subject to applicable law and notice
to Customer. Updated as of
1 Aug 2001.
-
Minimum
Service Requirement
Customer
agrees to maintain the Services for a minimum period of
three months. If prior to the end of the term, Customer
cancels the Services for any reason or WARPCORE DSL terminates
the Agreement due to Customer's breach of the Agreement,
Customer agrees to pay to Higher Learning System an early
termination charge as indicated in this Agreement.
-
Monthly
Service Charge
The
recurring charge payable by Customer for the Services
are as stated on the Product Service Quote.
-
Dial-Up
Roaming Account
Customer
may use traditional analog "dialup" service
from Higher Leaning Systems.
Details coming in October 2001.
HLS's network of nationwide dial access numbers
will give customers one unlimited Work Dial Up Service
Plan. Please stay tuned for additional terms and conditions
for dial up services.
Terms
and Conditions for Higher Learning System Inc. Services
All
use of the HLS's network and services must comply with the
then-current version of the WARPCORE DSL Acceptable Use Policy
(AUP), which is made a part of this Agreement and is available
at: http://www.hls-inc.net
. HLS may change the AUP or these terms of service at any
time. Such changes and their effective date will be posted
on the WARPCORE DSL and HLS Web sites or brought to your attention
by appropriate means. You agree to review the AUP and the
terms of service periodically, and if any change is not acceptable
to you, you agree to terminate your subscription or authorized
use by notifying the HLS Customer Service Department. Your
continued use of HLS services after the effective date of
any such change constitutes acceptance of all the changes.
1.0
Services
1.1
This Agreement establishes the terms and conditions for Dedicated
Services offered by HLS. You may not lease, rent, transfer
or resell WARPCORE DSL Services or any portion of WARPCORE
DSL Services to a third party in any other way. You may not
use WARPCORE DSL Services to compete with HLS or promote products
or services, which compete with WARPCORE DSL.
1.2
You are responsible for obtaining and maintaining any communications
equipment necessary to connect to WARPCORE DSL services, including
modems, computer hardware and software, and long distance
or local telephone service. You are responsible for ensuring
that such equipment or service is compatible with HLS's requirements.
In addition, you are responsible for maintaining the security
of your account, password, files, network and user access,
and any information you disseminate through WARPCORE DSL services
or other Internet services, and for all use of your account
with or without your knowledge or consent.
1.3
If HLS receives complaints or otherwise becomes aware of possible
violations of the Agreement, HLS may, in its sole discretion,
initiate an investigation. This investigation may include
gathering information from and about account holders and examining
the content of personal electronic communications, Web pages
or WARPCORE DSL Personal Pages on HLS's servers. During any
investigation, HLS may suspend services to any Customer being
investigated. You agree to cooperate with any such investigation.
Violations of this nature could subject you to criminal or
civil liability including monetary damages and a $200 handling
fee charged to your WARPCORE DSL account.
1.4
IP address blocks are assigned by WARPCORE DSL for Company
use only and it is understood that WARPCORE DSL will not guarantee
routing of any ISP of any user other than the Company, even
if IP address is part of a block assigned to the company by
HLS. Multi-homing (connection to WARPCORE DSL and one or more
other ISPs simultaneously) is supported via at an additional
cost to the Customer. If Company runs out of addresses and
is assigned a new address block, Company has 30 days to renumber
and return the initial address block. HLS will have no responsibility or liability
for any actions or costs incurred by Company in obtaining
or reconfiguring its equipment with new IP addresses if Service
is terminated for any reason.
1.5
Requests for changes in some services require 30 days prior
written notice.
2.0
Content and Security
2.1
HLS exercises no control whatsoever over the content of information
passing through its network or equipment. You agree that all
claims, disputes or wrongdoing which result from or which
are related in any way to the content of information passing
through HLS's network or equipment are your sole and exclusive
responsibility. If the Service includes space on WARPCORE
DSL server, you take full responsibility for the use of the
Services by any minors and hereby consent to such minor's
use of the Service.
2.2
Company understands that internet working communications are
not secure, and may be subject to interception or loss. Company
is responsible for its network security. HLS will not be liable
for damages arising out of unauthorized access to Company's
network.
3.0
"As Is" Services; Limitation of Liability; Indemnification.
This
Section 3 shall survive the termination of the Agreement.
3.1
The Services and any equipment and software provided to you
by WARPCOREDSL are
AS
IS, WITHOUT WARRANTY OF ANY KIND, INCLUDING THE IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU
AGREE THAT WARPCORE DSL WILL NOT BE LIABLE FOR ANY LOSS OF
PROFITS, LOSS OF USE, INTERRUPTION OF BUSINESS, OR ANY DIRECT,
INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND
WHETHER UNDER THIS AGREEMENT OR OTHERWISE ARISING OUT OF OR
RELATED TO THE AGREEMENT OR YOUR USE OF OR INABILITY TO USE
WARPCORE DSL SERVICES, EVEN IF WARPCORE DSL IS ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. HLS's ENTIRE LIABILITY AND
YOUR EXCLUSIVE REMEDY SHALL BE AT HLS's OPTION, EITHER RETURN
OF THE SERVICE FEES PAID FOR THE CURRENT MONTH OF SERVICE
AND ANY SET-UP FEES PAID, OR REPLACEMENT OF CONNECTION SERVICES
OR PRODUCTS.
In any case, HLS's entire liability under or arising out of
this Agreement will be limited to the amount you paid for
the Services in the twelve- (12) months prior to the act or
injury that gave rise to the liability. However, some jurisdictions
may not allow a limitation on liability for negligence that
causes death or personal injury, and HLS limits its liability
in such jurisdictions only to the degree allowed by applicable
laws.
3.2
HLS, its employees, agents, suppliers, vendors and distributors
make no warranty of any kind, either express or implied, regarding
the quality, accuracy, or validity of the data and/or information
available on its systems, or residing on or passing through
its networks, or that WARPCORE DSL Services will be uninterrupted
or error free. Use of information obtained from or through
WARPCORE DSL is at your own risk. Under no circumstances will
WARPCORE DSL be liable to you or any other person for any
loss or damage caused by reliance on data or information available
from or on HLS's services and systems.
3.3
You agree to defend, indemnify and hold HLS harmless from
any claims, losses and damages, including attorney's fees,
resulting from your violation of any of the provisions of
this Agreement or your placement or transmission of any materials
or content onto HLS's servers or through its network, or from
any and all use of your account, with or without your knowledge
or consent, or from claims related to any action taken by
HLS as part of its investigation of a suspected violation
of this Agreement or as a result of its conclusion that a
violation of this Agreement has occurred, or to your use of
or inability to use WARPCORE DSL Services, equipment, bundled
software or the Internet.
4.
0 Miscellaneous
This Agreement will be governed
by and construed under the laws of the State of North Carolina.
You shall not sell, transfer or assign this Agreement. Except
for the payment of money, neither party will be liable for
any failure or delay in performance under the Agreement which
might be due, in whole or in part, directly or indirectly,
to any contingency, delay, failure, or cause of any nature
beyond the reasonable control of such party, including without
limitation acts of nature, court or government. Facsimile
signatures and initials on this Agreement shall bind the parties
to the same degree as original signatures. You agree that
exclusive jurisdiction for any claim or dispute with HLS or
relating in any way to your account or your use of the Services
resides in the courts of North Carolina. You expressly consent
to the exercise of personal jurisdiction in the courts of
North Carolina in connection with any such dispute.