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QuadNet
Communications, Inc. (QUADNET) exercises no
control whatsoever over the content of any
information passing through it. Stated bandwidths apply only to the
customer of QUADNET router port attachment. No guarantee of end-to-end bandwidth on
the Internet is made.
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NO
SIMULTANEOUS LOGINS ALLOWED. QUADNET services are only to be used
for lawful purposes. Any transmission, re-transmission or
storage of material in violation of any
federal or State laws and/or regulations is
expressly prohibited. This extends to include, but is not limited to any
copyrighted materials, or any material or
communications prohibited by trade secret. As a customer of QUADNET and a user of
our services you as an individual and your
company agree to indemnify and to hold
harmless QUADNET from ANY and ALL claims
resulting from your use of the service which
causes damage to you or any other party. QUADNET shall not be liable, either in
contract or in tort, for protection from
unauthorized access or its customers'
transmission facilities or customer owned
premise equipment, or for unauthorized access
to or alteration, theft or destruction of a
customer's data files, programs, or
information through accident, fraudulent
means or devices, or any other method, even
should such access occur as a result of
QUADNET negligence. QUADNET shall not be in any way responsible for claims or
damages caused by a customer, through fault,
negligence or failure to perform customer's
responsibilities, claims against a customer
by any other party, any act or omission of
any party furnishing services and/or
products, or the installation and/or removal
of any and all equipment supplied by any
service provider or QUADNET.
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Any
and all information
obtained from QUADNET public and or private
data network services is obtained at
CUSTOMER'S own risk.
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QUADNET
will NOT
be responsible for any damages you or your
business suffer. QUADNET makes NO warranties of any
kind, expressed or implied, for services we
provide. QUADNET also disclaims any warranty,
merchantability or fitness for a particular
purpose. This includes loss of data resulting from delays,
non-deliveries, wrong deliveries, and any and
all service interruptions caused by QUADNET
and its employees by its' own negligence or
your errors or omissions. The undersigned
hereby applies for Internet and specified
related Services & acknowledges the
accuracy of the information provided.
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By
signing this agreement CUSTOMER agrees
to pay all costs, including attorney and/or
collection fees incurred in collecting any
and all amounts past due under this
agreement.
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CUSTOMER
understands
that QNC does not monitor its CUSTOMER’S
Internet activities, and CUSTOMER assumes the
responsibility for his/her own actions, and
agrees fully to indemnify and hold harmless
QUADNET, its agents, resellers, employees,
officers, directors, successors and assigns
from and against all liabilities, damages,
claims and expenses, including reasonable
attorney’s fees arising out of the use,
activities or exposure CUSTOMER may subject
him(her)self in CYBERSPACE.
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All
monthly charges
will be automatically billed to CUSTOMER and
automatically debited to CUSTOMERS' credit
card (if provided). 30 (thirty) days written notice of
cancellation is required.
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CUSTOMER
is responsible to confirm through a local
telephone company operator that provided
access numbers are LOCAL EXCHANGE TO THEIR
CALLING AREA.
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RATES
are subject to change and can increase or
decrease depending on changes in the Internet
Market. These changes will be implemented
without further notice to CUSTOMER. Notice of ALL rate changes will be
posted on QNC Web site ( see
www.quadnet.net ) at least 30 (thirty) days prior to any
such change becomes effective.
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ASSIGNMENT
Neither this Agreement nor any rights
hereunder may be assigned by Customer without
the prior written consent of QuadNet
Communications, Inc. Any attempted assignment in violation
of the immediately preceding sentence shall
be void.
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ATTORNEY’S
FEES In the event of any dispute arising
hereunder, the prevailing party shall be
entitled to reasonable costs and expenses,
including reasonable attorney’s fees,
incurred in connection with such actions.
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DENIAL
OF SERVICE
In the event of any breach of this Agreement
by Customer, the failure by Customer to make
payments of any sum due to QUADNET (or
QUADNET RESELLER) the use by Customer of foul
or profane language in connection with
Customer’s utilization of the Services, the
impersonation of another by Customer with
fraudulent intent in connection with Customer’s
utilization of the Services, or any violation
of the Communications Act of 1934, as
amended, or the rules and regulations of the
Federal Communications Commission promulgated
thereunder, QUADNET may either temporarily suspend
the Services or terminate this Agreement.
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COVERAGE
QuadNet reserves the right in its sole and
absolute discretion to modify add and/or
delete Equipment and/or Services at any time. Quadnet will make such information
available to Customer as soon as commercially
practicable.
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ENTIRE
AGREEMENT
This Agreement sets forth the entire
agreement of to parties with respect to the
subject matter addressed of this Agreement. This Agreement replaces all prior
agreements and oral understandings. This Agreement may not be amended or
modified except pursuant to a written
agreement signed by the party against whom
such amendments is to be enforced.
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SEVERABILITY If
any provision of this Agreement is determined
to be invalid or unenforceable, such
invalidity or unenforceability will not
invalidate or render unenforceable the
remainder of this Agreement, but rather the
entire Agreement will be construed as if not
containing the particular invalid or
unenforceable provision, and the rights and
obligations of the parties to this Agreement
will be construed and enforced accordingly.
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APPLICABLE
LAW. This Agreement will be governed by and construed in
accordance with the laws of the State of
Pennsylvania, exclusive of conflicts of law
principles, and will to the maximum extent
practicable, be deemed to call for
performance in Bucks County, Pennsylvania. COURTS WITHIN THE STATE OF
PENNSYLVANIA SHALL HAVE JURISDICTION OVER ANY
AND ALL DISPUTES BETWEEN THE PARTIES HERETO,
WHETHER IN LAW OR EQUITY ARISING OUT OF OR
RELATING TO THIS AGREEMENT. THE PARTIES HEREBY CONSENT TO AND
AGREE TO SUBMIT TO THE JURISDICTION OF SUCH
COURTS AND AGREE TO WAIVE ANY OBJECTION TO
THE PERSONAL JURISDICTION OF SUCH COURTS. VENUE IN ANY SUCH DISPUTE WHETHER IN
FEDERAL OR STATE COURT SHALL BE LAID IN BUCKS
COUNTY, PENNSYLVANIA. CUSTOMER IRREVOCABLY WAIVES ANY AND
ALL RIGHT TO TRIAL BY JURY IN ANY ACTION OR
PROCEEDING IN ANY WAY ARISING OUT OF OR
RELATING TO THIS AGREEMENT OR THE
TRANSACTIONS CONTEMPLATED HEREBY WHETHER
SOUNDING IN CONTRACT IN TORT OR OTHERWISE.
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