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.
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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.
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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
1.2
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.
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