THIS IS A LEGAL AGREEMENT BETWEEN YOU
AND SURFSIDETX.NET. YOUR CONTINUED USE OF SURFSIDETX.NET SERVICE CONSTITUTES FULL
ACCEPTANCE OF ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH
ANY PORTION OR PORTIONS OF THIS AGREEMENT YOU MUST ADVISE US IMMEDIATELY SO THAT A
TERMINATION OF YOUR ACCOUNT MAY BE PROCESSED.
1. Definitions. "SURFSIDETX.NET
", "we," "our" and "us," shall refer to SURFSIDETX.NET
, its successors and/or assigns. "Customer" "member" "user"
"you" and "your" shall refer to an authorized Customer.
"Services" means those services described in Section 2(C) of this User
Agreement. (the Agreement")
2. Service Terms. This Agreement is the
sole and entire agreement respecting our provision of Services to you. Please read this
Agreement carefully.
(A) Acceptance. BY ENROLLING WITH SURFSIDETX.NET AND/OR
USING SURFSIDETX.NET'S SERVICES, YOU AGREE TO BE LEGALLY BOUND BY AND AGREE TO COMPLY WITH
THE TERMS AND CONDITIONS OF SERVICE CONTAINED IN THIS AGREEMENT.
(B) Modification. SURFSIDETX.NET may modify the terms of this Agreement at any time
and in any manner at its sole discretion. Any such modification shall be deemed delivered
to you immediately upon posting such modification upon an SURFSIDETX.NET web page,
upon sending such modification or notice thereof to you within an electronic mail message,
or upon sending such modification or notice thereof to you via U.S. mail. Such
modifications to the terms of this Agreement may include, but shall not be limited to
discontinuation or modification of any aspect of the Service, restriction of the scope or
availability of the Service for certain applications or operating systems, restriction of
the amount or length use permitted, change in prices or fees charged for Service or terms
of payment or restriction or termination of a Customer's right to use the Service. Any
such modification may be made without prior notice to you. YOUR CONTINUED USE OF THE
SERVICE FOLLOWING DELIVERY OF A NOTICE OF MODIFICATION SHALL BE CONCLUSIVELY DEEMED AN
ACCEPTANCE OF SUCH MODIFICATION. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOU MUST
TERMINATE THIS AGREEMENT IMMEDIATELY IN ACCORDANCE WITH SECTION 8 OF THIS AGREEMENT.
(C) Services Provided. Subject to all of the other terms and conditions of this
Agreement, SURFSIDETX.NET shall provide Customer with the following Services: INTERMITTENT
ACCESS TO THE INTERNET AND CERTAIN SERVICES ASSOCIATED THEREWITH (collectively, the
"Service").
(D) Certification. You hereby certify to us that you are at least eighteen (18)
years of age. You further certify to us that, if you have a Personal Account, you are not
a business entity and that, if you have a Business Account, you are a legitimate business
entity.
3. Accounts, Payments, Charges, and Refunds
(A) Accounts, Payment Terms. An individual
account (the "Account") shall be established for you upon acceptance of your
application by SURFSIDETX.NET You shall be fully responsible for payment for all
activities and charges resulting from use of your Account, whether or not authorized by
you. You must notify SURFSIDETX.NET at (979) 730-1505 to report unauthorized
use of your Account and to terminate further liability for any such unauthorized use or
access thereto. You may not transfer your Account or the use thereof to any other person.
You agree to provide to SURFSIDETX.NET all necessary account information which shall
include, but not be limited to, your full and exact name, address, telephone number(s) and
all necessary payment data (such as credit card number and expiration date and checking
account or debit account information). You further agree to notify SURFSIDETX.NET of
any change in such information within ten (10) days following such change. In the event
you fail to notify SURFSIDETX.NET of any such change, SURFSIDETX.NET may
immediately terminate or suspend your right to use SURFSIDETX.NET's Service.
(B) Charges. You hereby agree to pay all charges billed to your account (including,
without limitation, any initial set-up fees and all sales, use, value-added, personal
property or other governmental tax or levy imposed on goods or services billed to your
Account) in advance. You agree that we may charge your credit card, debit card or checking
account automatically each month for all monthly charges payable for such month, all
without notice to you or further consent by you. You acknowledge that SURFSIDETX.NET
may, at its sole discretion, send to you via e-mail an account statement each
month. You further acknowledge that your timely monthly payment is not dependent upon
receipt of any such monthly statement. You may obtain a current list of prices for Service
by calling: 979-730-1505 or writing to SURFSIDETX.NET , 137 1/2 Belanger Avenue, Surfside,
Texas 77541.
(C) Late Charges/Collection Costs. In the event that SURFSIDETX.NET , for any
reason, does not receive the full amount due on your account when payable, as set forth in
Section 3(B) above, a late charge of $5.00 will be added to your Account and
SURFSIDETX.NET shall have the right to terminate Service to you at any time
thereafter without notice to you. If you wish to reactivate your account after such
termination, in addition to remitting full payment for all fees that are due, you will be
charged a reactivation fee. You shall also be responsible for any and all costs, fees and
expenses incurred by SURFSIDETX.NET in collecting any unpaid balances on your
Account, which fees shall include attorney's fees.
(D) Refunds. All services are pre-paid. No refunds for any unused service.
4. Customer Conduct. (A) Lawful
Purposes. You agree that the Service may
be used only for lawful purposes. Accordingly, you shall not post or transmit through the
Service any unlawful, harmful, threatening, abusive, harassing, vulgar, offensive,
obscene, defamatory, profane, hateful, or racially, ethnically or otherwise objectionable
or distasteful material of any kind nor any material which encourages conduct which would
constitute a criminal offense or which encourages or may encourage "hacking" or
"cracking," or which gives rise to civil liability or otherwise violate any
applicable local, state, federal or international law. You further agree not to use any
user name other than your SURFSIDETX.NET assigned user name in any Internet communication.
You further agree not to post or transmit through the Service any "spam,"
including any unsolicited e-mail, "chain" letters or numerous similar Usenet
newsgroups postings. You acknowledge that SURFSIDETX.NET , in it sole discretion, may
refuse to post on and/or may remove from any of its servers any data that it determines
violates any of the terms or conditions of this Agreement or is otherwise inappropriate,
or that it determines is using an inordinate amount of system bandwidth. You agree that
any attempt to violate any restrictions set forth in this paragraph will result in the
immediate termination of your account.
(B) Single connection. You acknowledge
that with our standard access plan, you are permitted to connect to SURFSIDETX.NET
at any one time via a single wireless connection. You further agree not to reveal
your username and password to any other person or persons.
(C) No running of server software. You
acknowledge that your computer will always be configured as a "client" and will
never be configured as a "server" while connected to SURFSIDETX.NET
Accordingly, you agree not use your connection to run any web, telnet, ftp or other
"server" and that any attempt to do so will result in the immediate termination
of your account.
(D) Unlimited Access. You acknowledge
that while using our "unlimited access plan" you are provided up to 400 MB of
usage per day without incuring extra charges. Users requiring more than 400 MB per day
will need to obtain a business wireless connection.
5. Protected Rights. You acknowledge that the Service, the Internet,
generally, and all software used by you which is produced by third parties or Merchants
contain information, software, video, photographs, graphics, music, sounds, arrangements
or other material (collectively, "Material") which is protected by copyrights,
trademarks, patents, trade secrets or other proprietary rights (the "Rights").
All Material is copyrighted under U.S. Copyright laws. You may not publish, copy,
transmit, reproduce or modify or participate in the sale or transfer of or in any way
exploit, any of the Material, in whole or in part. Except for fair use privilege under
U.S. Copyright laws, you may not upload, post, reproduce, copy, duplicate, publish,
transmit, reproduce, modify, or distribute Material protected by any Right without the
express written permission of the owner of the Material. You (and not SURFSIDETX.NET )
will remain solely liable for any damage resulting from your infringement of any other
party's Rights. By using Material on or submitting Material to the Service or to any area
on the Internet which is generally accessible to others on the Internet, you automatically
grant or warrant that the owner or author of such Material has expressly granted to
SURFSIDETX.NET a royalty-free, expense-free, perpetual, worldwide, irrevocable,
non-exclusive right and license to use, reproduce, distribute, broadcast, copy, modify,
adapt, publish, translate and otherwise exploit the Material in whole or in part, on a
worldwide basis and/or to incorporate the Material in other works in any forms media or
technology whatsoever. Such license also permits any other Customer to access, view,
store, copy or distribute any Material for such Customer's personal use.
You acknowledge that SURFSIDETX.NET is merely a distributor of Material supplied to
it by third parties. As such, SURFSIDETX.NET has absolutely no control over any
Material and any ideas, opinions, advice, statements, services or other information
provided by third parties are those of the respective author or distributor of such
Material and not of SURFSIDETX.NET ACCORDINGLY, SURFSIDETX.NET DOES NOT GUARANTEE
OR WARRANT THE ACCURACY OR COMPLETENESS, USEFULNESS OR VERACITY OF ANY MATERIAL NOR ITS
FITNESS FOR A PARTICULAR PURPOSE NOR ITS MERCHANTABILITY. It is the Customer's
responsibility to investigate the accuracy, completeness, usefulness and veracity of all
Material obtained through the SURFSIDETX.NET Service.
6. Liability of SURFSIDETX.NET THE SERVICE IS
PROVIDED TO YOU ON AN "AS-IS" AND "AS-AVAILABLE" BASIS WITHOUT
WARRANTIES OF ANY KIND WHATSOEVER WHETHER EXPRESSED OR IMPLIED INCLUDING, WITHOUT
LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. NO ORAL OR WRITTEN ADVICE OR INFORMATION PROVIDED BY SURFSIDETX.NET,
ITS OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS,
CONTRACTORS OR THE LIKE SHALL CREATE OR CONSTITUTE ANY FORM OF WARRANTY OR REPRESENTATION.
ACCORDINGLY, YOU AGREE THAT THE USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT NEITHER
SURFSIDETX.NET NOR ANY OF ITS EMPLOYEES, AFFILIATES, OFFICERS, DIRECTORS, MEMBERS,
MANAGERS, AGENTS, LICENSORS, CONTRACTORS OR THE LIKE (I) WARRANT THAT THE SERVICE WILL BE
UNINTERRUPTED, AVAILABLE OR ERROR-FREE OR (II) MAKE ANY REPRESENTATION AS TO THE ACCURACY
OR RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE
SERVICE OR (III) WARRANT THAT ANY AVAILABLE TELEPHONE NUMBER FOR ACCESS TO THE SERVICE
WILL BE A LOCAL CALL FROM YOUR AREA CODE OR EXCHANGE OR THAT ANY TELEPHONE NUMBER FOR
ACCESS TO THE SERVICE WILL BE AVAILABLE FOR USE.
NEITHER SURFSIDETX.NET NOR ANY OF ITS EMPLOYEES, AFFILIATES, OFFICERS, DIRECTORS,
MEMBERS, MANAGERS, AGENTS, OR LICENSORS NOR ANYONE ELSE INVOLVED IN CREATING, PRODUCING,
MARKETING OR DISTRIBUTING THE SERVICE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM USE OF OR INABILITY TO USE THE
SERVICEOR SOFTWARE OR WHICH RESULTS FROM MATERIAL OMISSIONS, INTERRUPTIONS, DELETION OF
FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN TRANSMISSION OF INFORMATION OR
OPERATING OR ANY OTHER FAILURE OF PERFORMANCE DUE TO ANY CAUSE WHATSOEVER, INCLUDING ACTS
OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO
SURFSIDETX.NET'S RECORDS OR SERVICES, NOR SHALL CUSTOMER BE ENTITLED TO ANY TIME, USER OR
MONETARY CREDIT OR REFUND AS A RESULT THEREOF. YOU ACKNOWLEDGE THAT YOU MAY PURCHASE GOODS
AND SERVICES FROM OTHER CUSTOMERS OR USERS OF THE SERVICEOR FROM OTHER THIRD PARTIES WITH
WHOM YOU MAY CORRESPOND THROUGH SURFSIDETX.NET SERVICE. YOU ACKNOWLEDGE THAT ALL ASPECTS
OF TRANSACTIONS BETWEEN YOU AND SUCH THIRD PARTIES ARE SOLELY BETWEEN YOU AND SUCH THIRD
PARTIES AND THAT SURFSIDETX.NET SHALL HAVE NO LIABILITY THEREUNDER WHATSOEVER.
ACCORDINGLY, YOU ACKNOWLEDGE THAT THIS SECTION 6 APPLIES TO ALL TRANSACTIONS BETWEEN YOU
AND SUCH THIRD PARTIES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL
THE ENTIRE LIABILITY OF SURFSIDETX.NET AND ITS EMPLOYEES, AFFILIATES, AGENTS, OFFICERS,
DIRECTORS, LICENSORS OR LICENSEES FOR ALL DAMAGES, LOSSES, CLAIMS AND COSTS, WHETHER IN
CONTRACT, TORT OR OTHERWISE EXCEED THE AGGREGATE AMOUNT PAID BY CUSTOMER TO SURFSIDETX.NET
DURING THE IMMEDIATELY PRECEDING 12-MONTH PERIOD, WHICH SUM SHALL BE CONSIDERED LIQUIDATED
AND TOTAL DAMAGES.
YOU AGREE TO INDEMNIFY AND TO HOLD HARMLESS SURFSIDETX.NET AND ITS OFFICERS,
DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, LICENSEES, AND
CONTRACTORS FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, COST AND EXPENSE, INCLUDING
ATTORNEY'S FEES, RELATED TO YOUR ACTIVITIES CONDUCTED ON OR THROUGH THE SERVICE OR ON THE
INTERNET GENERALLY AND/OR IN CONNECTION WITH ANY VIOLATION BY YOU OF THE TERMS OF THIS
AGREEMENT.
7. Software. The Service will permit
you to use various software and other goods and services produced by third parties
("Merchants") in order to "navigate" the Internet or assist you in the
use of the Internet. All transactions involving or concerning Merchant goods and services,
including, but not limited to prices, purchase terms, payment terms, warranties,
guarantees, maintenance, trouble-shooting, technical service and delivery are solely
between you and the Merchant. SURFSIDETX.NET makes no warranties or representations
whatsoever with respect to any goods or services provided or offered by any Merchant or
the compatibility of any of such goods or services with the Service. SURFSIDETX.NET
shall not be considered a party to any transaction between you and any Merchant nor shall
SURFSIDETX.NET be deemed a beneficiary thereof in any manner. SURFSIDETX.NET
shall not be liable in any manner for any liability, loss, cost or expense arising either
directly or indirectly from any action or inaction or omission of any Merchant.
