This Service Agreement (this "Agreement") is entered into by and between
Creative Computer Consulting, LLC ("Provider") and the undersigned
("Customer"). In consideration of the mutual agreements and covenants set forth
herein, the parties agree as follows:
1. Accounts and Services. Provider shall provide Customer with a dialup account
(the "Account") on Provider's network, which will allow Customer to access the
Internet on the terms set forth herein, as may be amended from time to time by Provider.
Customer's Account will include where applicable access to the World Wide Web, electronic
mail ("E-mail"), and other services commonly associated with the Internet
(collectively, "Services"). Provider allows access and makes no guarantee of
Customer side connectivity. Provider is NOT responsible for Customer long distant charges.
2. Term; Billing. Provider will enable Customer's Account upon the date (the
"Commencement Date") of Provider's acceptance of Customer's application.
Customer shall promptly notify Provider in writing or by E-mail of any changes in
Customer's Account information, such as changes in address or telephone number.
3. Payment.
A. Terms. Customer shall pay all fees as set forth on Provider's then-current Fee
Schedule.
1) Monthly subscriptions are renewed automatically on the 1st of
each month for the month upcoming.
2) Annual subscriptions are renewed automatically on the client's
commencement date for the year upcoming.
B. Method of Payment.
Provider automatically debits payments by
Customer's original payment method.
There is a $25.00 service charge for each returned check and an
additional $25.00 collection fee for each item charged back to Creative
Computer Consulting, LLC. Customer must
notify Provider at least 15 working days before the next payment is due if Customer wishes
to change the method of payment.
C. Accounting Cycle. Customer's monthly accounting
cycle begins on the Commencement Date. Accounts are prorated to the first day of the
upcoming month and are paid in advance and not refundable. The first payment shall
be adjusted to include the partial and full month, so that all accounts become due on the
first day of the month.
Accounts that are delinquent may be put on "accounting hold" and may not be
used. Accounts continue to accrue charges while they are on hold. In addition to any
accrued charges while the Account is on hold, there is a Service Reconnection Charge.
4. Amendment. Provider reserves the right to change the terms and conditions of
this Agreement and/or any collateral agreements referenced herein, including the
Acceptable Use Policy and the Fee Schedule, by notifying Customer in writing or by E-mail
at least 30 days in advance of the effective date of the change. Use by Customer after the
effective date constitutes acceptance of the new terms and conditions.
5. Offensive or Adult Materials. Provider does not knowing accept adult content
material of any kind. Otherwise, Provider exercises no control over the content of
materials accessed through the Internet, including via Provider's network. Some materials
may be offensive to certain groups of individuals. Customers less than 18 years of age must
have a parent or legal guardian co-sign this agreement, verifying that the parent or legal
guardian understands that Customer will have access to such materials and accepts
responsibility for monitoring and/or controlling such access. Customer and, if applicable,
Customer's legal guardian, hereby release(s) Provider from all claims arising from
Customer's and other individuals' exposure to material that Customer or such other
individuals may find offensive.
6. Acceptable Use Policy. Customer agrees to be bound by the provisions of
Provider's Acceptable Use Policy, which is incorporated by
reference as if fully set forth herein, including all legal obligations arising
thereunder.
7. Termination. This Agreement may be terminated at any time by either party
for any reason. Customer must notify Provider at least 14 working days before the
next payment is due if Customer wishes to cancel the account. This must be done in
writing via postal mail. There is no partial refund/reimbursement for setup fees
or any part of the remaining term for provider service. The low price for
service is based on the full payment for full term agreements and should customer not
complete full term there is no prorating of fees.
If account is
terminated after the 14 working days prior to the next payment due, the service fee for
the entire following cycle is owed. This Agreement shall continue until terminated.
If account is terminated for violation of the acceptable use policy
customer may be immediately terminated and a $200 fee for each violation
may be accessed by provider.
8. Warranties; Limitation of Liability. Provider makes no warranties of any kind,
whether express or implied, for its Setup or Services. Provider specifically disclaims any
implied warranties of merchantability or fitness for any particular purpose. Provider will
not be responsible for any losses or damages resulting from delays, nondeliveries,
misdeliveries, service interruption, "down time," or Customer's errors or
omissions. Provider will not under any circumstances be responsible for any long distant
phone charges incurred by customer. In the event that through its own negligence Provider
fails to provide Services, Provider's liability will be limited to the refund of
Customer's Monthly Service Fee, prorated according to the actual time for which Provider
failed to provide Services. Provider shall have no liability for failure to provide
Services resulting from the acts or omissions of third parties. Provider will not under
any circumstances be responsible for consequential damages, including, but not limited to,
any consequential damages arising from Provider's failure to provide Services in
accordance with this Agreement. Provider will not under any circumstances be responsible
for long distant charges inccurred by customer.
9. Complete Agreement; Severability. This Agreement supersedes any
other written or oral agreement, and represents the complete
understanding between Provider and Customer. If any provision of this
agreement is held by a court of competent jurisdiction to be contrary to
law, the remaining provisions of this agreement will remain in full
force and effect. This agreement may be signed, but does NOT have to be signed to be
enforced.
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I have read the foregoing Agreement and acknowledge and agree to its terms.
Use of my account constitutes my acceptance of this
Agreement. Physical signature is not
required. In addition, under penalties of perjury I certify that I am
over the age of eighteen (18).
© 2008 Creative Computer
Consulting, LLC
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© 2008 Creative Computer Consulting, LLC