USER SERVICE AGREEMENT
This service agreement (AGREEMENT) outlines terms and conditions for Internet service (the SERVICE) between espernet.net or an associated organization (the PROVIDER), and the party specified in the service application (CLIENT). No Services, promised or implied, are provided to the CLIENT except those included in the terms of this AGREEMENT, in the relationship established between the two parties as a result of the acceptance of this AGREEMENT.
The AGREEMENT covers only Internet services provided by the PROVIDER; including but neither limited to or exactly web page hosting, email accounts, dial up access, news service and software. Not covered under the AGREEMENT is hardware, communications lines, or any other product or service, although such may be provided to the CLIENT under the terms of a separate agreement.
domain names registered on behalf of CLIENTs by the PROVIDER and website content are the sole property of the CLIENT. The PROVIDER reserves the right to withhold access to these assets in cases where payment for services has not been received.
1.2 DOMAIN RENEWAL: Renewals will only be processes if the domain expiration falls within 30 days of the current billing period.
The PROVIDER performs routine backups for the purpose of disaster recovery. The CLIENT is solely responsible for backups related to their services with the PROVIDER. The PROVIDER encourages CLIENTs to make backups of their websites any time they update their content. The PROVIDER encourages users to archive and backup their email data. The PROVIDER cannot guarantee that disaster recovery backups will contain the most recent updates clients make to their data, as such the CLIENT is solely responsible for backups of their data. CLIENTs can request for data recovery from disaster recovery backups for a non-refundable fee.
The pricing for Internet service as provided by the PROVIDER is subject to change over the course of use by the CLIENT. If pricing does change, the PROVIDER will provide at least thirty (30) days notice before billing the CLIENT the new price.
A Billing period is defined as the period between the date a CLIENT applies for Internet service from the PROVIDER, to the same day the following period, examples are monthly, quarterly, semi-annual, and annual. CLIENTs agree to commit to the full term of the billing period. Payment for SERVICE is due at the start of the first day of period's SERVICE, and prior to the start of each subsequent period. All CLIENTs paying by credit card or direct debit will be charged for the next period of SERVICE automatically, within five (5) business days prior to the start of that period, unless the CLIENT cancels their SERVICE before that time. CLIENTs paying by other methods are subject to service termination on the date of their next period of SERVICE if payment is not received by that date. CLIENTs agree that payment memo notations will not override the terms of this agreement.
4. PAYMENT METHOD:
The following payment methods are available for the CLIENT to pay their Internet SERVICE bill: credit card (Visa, Master Card, or American Express); or direct debit withdrawal and paper check.
5. SOFTWARE REQUIREMENTS:
The CLIENT agrees to use all software provided by the PROVIDER in a manner which is consistent with its intended use. The CLIENT furthermore agrees to only use the provided software on machines which meet these minimum specifications: Win XP: 486DX/66 mhz or higher processor, 16 MB RAM minimum, at least 80 MB free hard drive space, VGA display (SVGA recommended), mouse or compatible pointing device, CD-ROM drive, 28.8 KB modem or better.
6. BILLING IDENTITY:
Billing for SERVICE will be listed on all CLIENT communications and credit card statements as "Starnova LLC - espernet.net". Direct debit withdrawals from CLIENT checking accounts will be posted from "eCheck - Starnova LLC - espernet.net".
7. BILLING INFORMATION:
Billing information is available on line at any time at our User Account Services web page: https://asp.starnova.com/custinfo/?who=110. All CLIENT billing information and options, including change of address, change of credit card information, current bill due, past payments, and other specific information is available to any CLIENT, with a valid user name and password. Additional billing assistance is also available by sending an email to email@example.com or by phone at (866)892-6165 (a toll-free call) click here for additional contact information and hours of operation.
8. FAILURE TO PAY:
If the CLIENT fails to pay for their next period of SERVICE by the due date, access to that SERVICE will be suspended on the due date. If the CLIENT further fails to pay for SERVICE within three (3) months time, their SERVICE will be terminated, and all files and services set aside for the CLIENT, including email messages, personal web pages, and the user name itself, will be deleted. Payment within that time period will result in immediate access to those services which had been suspended.
9. TERMINATION OF SERVICE:
The PROVIDER may choose at any time to terminate SERVICE to the CLIENT. Grounds for such termination include a chronic failure to pay, failure to abide by the terms of the Acceptable Use policy, or complaints against the CLIENT by other Internet users. Termination of SERVICE may be without notice. The CLIENT will not be reimbursed for any remaining time left in the current period of SERVICE.
10. CANCELLATION OF SERVICE:
In the event that a CLIENT may choose to cancel their Internet SERVICE, they may either send a cancellation notice to firstname.lastname@example.org or call the billing center at (866)892-0161 (a toll-free call). If past due, you are required to make any final payments. Email requests will receive a confirmation phone call. The PROVIDER will not reimburse the CLIENT for any remaining time in the current billing cycle.
The PROVIDER may send notices and changes of SERVICE periodically to all CLIENTs. These communications will be sent to the primary email address of each CLIENT, and posted on the web page at http://www.espernet.net/. It is understood that the PROVIDER may send important information regarding the SERVICE to the primary CLIENT email account, and it is recommended all communications from the PROVIDER be read in a timely fashion.
12. ASSIGNMENT OF HARM:
The CLIENT agrees to keep the PROVIDER harmless if the CLIENT's actions or use of the Internet while a CLIENT of the SERVICE creates any legal responsibilities.
13. SHARING OF ACCOUNT INFORMATION:
The CLIENT agrees to keep all information about his or her account confidential, and will not share that information with other people or parties. In specific, the CLIENT agrees to not give out their password for access to others. Sharing of an account is prohibited, and the PROVIDER retains the right to terminate the account of any user found to have shared his or her account information with others.
The PROVIDER allows usage of an Internet account with the following provisions: a. the account will only be utilized for the private, exclusive use of the CLIENT, and b. the CLIENT may not resell or redistribute their access to the Internet through the PROVIDER's SERVICE in any way, shape, or form. Failure to abide by these provisions may result in immediate termination of the CLIENT's account.
16.1. TELEPHONE CHARGES:
The PROVIDER will make available to all CLIENTs a list of local telephone numbers which they may use to connect to the Internet. The provider will make available local and toll free numbers to contact billing and support. All local phone charges are subject to review by the CLIENT's local telephone company. It is the responsibility of the CLIENT to verify that any access number is a toll-free call in their locality, including whenever they switch local telephone service providers. The CLIENT agrees to hold the PROVIDER free from all responsibility for charges resulting from usage of these numbers for connecting to the SERVICE. The PROVIDER will not reimburse any CLIENT for charges related to telephone access, including both toll charges and per-minute usage fees.
The CLIENT agrees to hold the PROVIDOR harmless for any damages that may arise from content published on any publicly accessible information portal such as a CLIENTs web space. The CLIENT is ultimately responsible for resolving any copyright, trademark and/or licensing disputes related to content that the CLIENT maintains on their publicly accessible information portal such as a web space, regardless of who updated the content on behalf of the CLIENT.
17. TOLL FREE TELEPHONE NUMBER:
The PROVIDER may make available to CLIENTs a toll-free (800) telephone number to access the Internet outside of its local calling areas. If a CLIENT makes use of that number, he or she agrees to pay a flat fee, to be determined, based on connection logs for the time period the CLIENT is connected through this toll free (800) number. Charges will be imposed regardless of the reason for use. * Not currently available
18. RIGHT OF REFUSAL:
The PROVIDER has the right to refuse SERVICE to any individual or organization they may choose, without the need for explanation of the refusal.
19. LIMIT OF LIABILITY:
The PROVIDER shall not be liable under any circumstances for any special, consequential, incidental or exemplary damages arising out of or in any way connected with this AGREEMENT or product, including but not limited to damages for lost profits, loss of use, lost data, phone bills, communication line bills, loss of privacy, licensing conflicts, intellectual property right of way, damages to third party even if the PROVIDER has been advised of the possibility of such damages. This limitation of liability shall apply whether any claims based upon principles of contract, warranty, negligence or other tort, breach of any statutory duty, principles of indemnity of contribution, the failure of any limited or exclusive remedy to achieve its essential purpose or otherwise. Further, the PROVIDER will not censor any content on the Internet except for services specifically labeled "filtered". It will be the CLIENT's responsibility for the usage of his or her account and any consequences of this usage.
19.1 CLIENT CARRY: The PROVIDER requires that CLIENT carry their own insurance to cover any damages related to outages in service either due to planned maintenance and/or technical malfunction.
ALL PAYMENTS ARE FINAL. No refund will be provided in a current period of SERVICE for any reason, regardless of if the CLIENT has actively used the SERVICE in that partial period or 60 day notice period.
21. CUT OFF PERIOD FOR BILLING ERRORS:
There is a 90 day cut off period for all billing errors. CLIENTs have 90 days to submit any claims of error on billing of their SERVICE account to the Billing Department. All claims must be submitted in writing. The CLIENT agrees that he or she has no rights to claim any billing errors for a period before 90 days from the date of submission of such claim. All bills are final after 90 days.
The PROVIDER makes no express guarantee concerning the ability of a CLIENT to connect to the SERVICE free from congestion, busy signals, or routing issues, nor any express guarantee on the connection speed that the CLIENT will experience when connecting to the SERVICE. The PROVIDER will make any and all attempts to provide the SERVICE free from busy signals, congestion, or routing issues, however, external conditions may limit the ability to achieve such conditions in all cases. Should a connection problem be noted, all due haste will be undertaken by the PROVIDER to correct this situation by upgrading the capacity, however, no guarantee is made or implied as to the time frame of such actions.
23. CONTENT ACCESS ON THE INTERNET:
The CLIENT agrees to utilize the Internet as is, and will not hold the PROVIDER responsible for access to any specific web page, Internet resource, or other SERVICE usually available on the Internet. The CLIENT likewise agrees to not hold the PROVIDER responsible for any content downloaded through the SERVICE.
CLIENT can terminate the SERVICE by sending an email message to email@example.com. The CLIENT understands that there will be no reimbursement if the SERVICE is terminated prior to the end of the current billing period regardless of the reason for termination. The PROVIDER can terminate this AGREEMENT at the end of a billing period, with 60 days notice. The PROVIDER can immediately terminate this AGREEMENT if the CLIENT fails to comply with the provisions of the Acceptable Use AGREEMENT.
The PROVIDER is not "HIPAA compliant." The CLIENT is solely responsible for any applicable compliance with federal or state laws governing the privacy and security of personal data, including medical or other sensitive data. The CLIENT acknowledges that the SERVICES may not be appropriate for the storage or control of access to sensitive data, such as information about children or medical or health information. The PROVIDER does not control or monitor the information or data the CLIENT stores on, or transmits through, PROVIDER SERVICES. The PROVIDER specifically disclaim any representation or warranty that the SERVICEs, as offered, comply with the federal Health Insurance Portability and Accountability Act ("HIPAA"). CLIENTS requiring secure storage of "protected health information" under HIPAA are expressly prohibited from using this SERVICE for such purposes. Storing and permitting access to "protected health information," as defined under HIPAA is a material violation of this User Agreement, and grounds for immediate account termination. The PROVIDER does not sign "Business Associate Agreements" and the CLIENT agrees that the PROVIDER is not a Business Associate or subcontractor or agent of the CLIENT pursuant to HIPAA. If you have questions about the security of CLIENT data, please contact PROVIDER customer service team at firstname.lastname@example.org
26. ENTIRE AGREEMENT:
This AGREEMENT constitutes the entire understanding and contract between parties and supersedes any and all prior and contemporaneous, oral or written representations, communications, understandings and AGREEMENTs between the parties with respect to the subject matter hereof, all of which representations, communications, understandings and AGREEMENTs are hereby canceled to the extent that they are not specifically mentioned herein. The parties acknowledge and agree that neither of the parties is entering into this AGREEMENT on the basis of any representations or promises not expressly contained herein.
The AGREEMENT shall not be modified, amended, canceled or in any way altered, nor may it be modified by custom and usage of trade or course of dealing except as an instrument in writing and posted for public review. The most current copy of this AGREEMENT can be found on the Internet, at http://www.espernet.net/. Modification of the AGREEMENT will be in effect of the date of posting.
Performance of any obligation required of a party thereunder may be waived only by a written waiver acknowledged by the other party, which waiver shall be effective only with respect to the specific obligation described therein. The waiver by either party hereto of a breach of any provision of this AGREEMENT by the other shall not operate or be construed as a waiver of any subsequent breach of the same provision or any other provision of this AGREEMENT.
If any provision of this AGREEMENT shall be unlawful, void, or for any reason, unenforceable, it shall be deemed to be separable from, and shall in no way affect the validity or enforceability of, the remaining provisions of this AGREEMENT, which shall remain valid and enforceable according to its terms.
30. GOVERNING LAW:
This AGREEMENT was entered into in the State of New York and its validity, construction, interpretation and legal effect shall be governed by the laws and judicial decisions of the State of New York applicable to contracts entered into and performed entirely within the State of New York.
31. CHOICE OF FORUM:
Any action at law or in equity arising under this AGREEMENT shall be filed only in Courts of the State of New York for the County of Onondaga or the United States District Court for the Northern District of New York. The parties hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
32. AUTHORITY TO EXECUTE:
Each of the parties to this AGREEMENT represents and warrants that it has full power to enter in to this AGREEMENT and that it hasn't assigned, encumbered, or in any manner transferred all or any portion of the claims covered by this AGREEMENT.
33. ADVICE OF LEGAL COUNSEL:
Each party acknowledges and represents that, in executing this AGREEMENT, it has received advice as to its legal rights from legal counsel and that the person signing on its behalf has read and understood all of the terms and provisions of this AGREEMENT.
34. BENEFIT OF SUCCESSORS AND ASSIGNS:
This AGREEMENT shall be binding upon and inure to the benefit of each of the parties hereto, and except as otherwise provided herein, their respective legal successors and permitted assigns.
35. CUMULATIVE REMEDIES:
Except as specifically provided herein, no remedy made available to either party here under is intended to be exclusive of any other remedy provided thereunder or available at law or in equity.
36. NO PARTNERSHIP OR AGENCY:
Nothing in this AGREEMENT shall be construed as creating a joint venture, partnership, agency, employment relationship, franchise relationship or taxable entity between the parties, nor shall either party have the right, power or authority to create any obligations or duty, express or implied, on behalf of the other party hereto, it being understood that the parties are independent of each other.
37. NO THIRD PARTY BENEFICIARIES:
Nothing contained in this AGREEMENT, express or implied, shall be deemed to confer any rights or remedies upon, nor obligate any of the parties hereto, to any person or entity other than such parties, unless so stated to the contrary.
38. EXCUSED PERFORMANCES:
The PROVIDER shall not be deemed to be in default of or to have breached any provision of this AGREEMENT as a result of any delay, failure in performance or interruption of the SERVICE, resulting directly or indirectly from acts of God, acts of civil or military authority, civil disturbance, war, terrorism, strikes or other labor disputes and disturbances, fire, transportation contingencies, shortage of facilities, fuel, energy, labor or materials, or laws, regulations, acts or order of any government agency or official thereof, other catastrophes, or any other circumstances beyond the PROVIDER's reasonable control. In the event of any such delay or failure, the parties shall defer performance of the SERVICE to a date and time mutually agreeable.
The section headings and captions contained herein are for reference purposes and convenience only, and shall not in any way affect the meaning or interpretation of this AGREEMENT.
The recitals above set forth are incorporated herein by reference.
Any dispute arising under this AGREEMENT shall be resolved by binding arbitration under the rules of the American Arbitration Association.