Service Agreement

  1. Provision of Services. This is agreement is by and between SMIPc Internet Services (SMIPc), a division of Systems & Methods, Inc. and the Customer for the provision by SMIPc of certain Internet Services for use by the Customer. The term of this Service Agreement is determined by the billing cycle setup for the customer and may be terminated at the end of the billing period with appropriate notice given. This agreement will automatically renew unless cancelled by SMIPc or Customer with 30 days written notice prior to the renewal date. Written notice by the Customer is to be sent to the address listed at the bottom of this agreement. It is the responsibility of the Customer to keep SMIPc informed as to a valid mailing address to which this notice can be sent. The Customer agrees that SMIPc has the right to delete all data, files or other information that is stored in the Customerís accounts, if the account is cancelled for any reason, by either SMIPc or by Customer. By use of a SMIPc account, Customer accepts the then-current Service Agreement and other policies (including amendments, modifications or new conditions) as published and made available via a link of the SMIPc home page at http://www.smipc.net.
  2. Rights of Use. The Customerís right to use SMIPc is not transferable, unless expressly authorized in writing by SMIPc. The Customer agrees to pay for all costs associated with the use of their account, whether or not authorized. The Customer understands that SMIPc has the right to terminated contract at any time, for any reason. The Customer is responsible for providing any and all equipment and services needed for Customer to access SMIPcís systems. The Customer understands and agrees that Unlimited Accounts are not intended for to be a full time connection nor should any public information services be provided over this connection. No automatic method should be used to maintain connection. SMIPc reserves the right to test accounts for connection methods and statistics. Should full time connection or automatic reconnects be found, account will automatically change to Dedicated Pricing on the current billing cycle.
  3. Warranty Disclaimer. Customer understands that use of SMIPc account and any data accessed using that account, will be completely at risk of Customer. Customer agrees to indemnify SMIPc against liability for any and all of the customerís account(s) for any consequential, indirect, special, or incidental damages regardless of the success or effectiveness of other remedies.
  4. Indemnification. Customer agrees to defend, indemnify and hold SMIPc and its affiliates harmless from any and all liabilities, costs, and expenses, including reasonable attorneyís fees, related to or arising from, any violation of this agreement by Customer or those who may access the services through Customerís Account, or the use of the services or the Internet and the placement or transmission of any message, information, software, audio files, or other materials on the Internet by Customer or those who may access the services through Customerís Account. Customers agree to waive liability against SMIPc relating to Customerís illegal user/employee activity on account.
  5. Payment Obligations. The customer agrees to pay all fees or merchandise purchases in accordance with the payment plan selected by the Customer. Various means of payment is acceptable by SMIPc. Customer understands that all billing and statements will be sent to Customer via electronic mailing. Customerís may request billing and statements to be sent via regular US Mail at additional cost to customer of $2.00 per month.
  6. Accounts with terms of Bank Draft or Credit Card Payment. Accounts with terms of bank draft and credit card payment will be billed each billing cycle for the service plan selected and any additional usage. Customer authorizes this automatic billing by SMIPc. SMIPcís monthly billing cycle is based on the date account was setup. Customer understands and agrees that all charges are considered valid unless disputed in writing within thirty days of invoice date. Customer understands and agrees that SMIPc shall not be responsible for any charges or expenses that Customer incurs resulting from overdrawing of bank account or exceeding credit limit as a result of an automatic charge generated by SMIPc pursuant to this authority.

    Accounts with terms of Check or Cash Payment. Accounts with terms of check or cash payment will be billed each billing cycle for the service plan selected and any additional usage. Customer understands that payment is expected within the terms of the invoice, Usually Net 10 Days. Accounts with unpaid balances 15 days from Invoice date will be terminated due to nonpayment.

  7. Termination. The Customer agrees that SMIPc reserves the right to terminate Customerís Account at any time, for any reason, including but not limited to, failure to abide by the terms of this agreement or failure to pay any fees or charges when due. If Customerís Account is inactivated, Customer may be required to pay reconnect charges and a prepaid deposit in order to re-activate account. Accounts with terms of Check or Cash Payment that are terminated and reconnected must change to bank draft or credit card terms in order to be reactivated. If account includes space on SMIPcís server, anything stored in this space will be deleted upon inactivation. Customer understands that violation of certain generally accepted guidelines on Internet usage, such as restrictions on mass e-mailings or mass advertising, or posting to inappropriate newsgroups, may cause severe operating difficulties for SMIPc, and would be a likely cause for termination of account. More detail of violations can be obtained from SMIPc. Customer agrees to abide at all times by SMIPcís then current policies.
  8. Maintenance and Shutdowns. SMIPc will attempt to maintain 99% uptime. Unscheduled shutdowns may occur without prior warning. SMIPc will post scheduled shutdowns on the SMIPc website. The Customer waives all liability regarding damages involved form shutdowns or loss of materials that might occur in our normal operations. We recommend that Customerís regularly backup or download important information stored with SMIPc. SMIPc reserves the right to modify all services and features of the system at any time. SMIPc will post scheduled modifications of services and features on the SMIPc website.
  9. Appropriate Use of Services. Customer agrees to maintain password as private and confidential information. Customer agrees to use account in a way that conforms with all applicable laws and regulations. Customer specifically agrees not to make any attempt to gain unauthorized access to any systems or networks. Customer agrees not to use the SMIPc Internet Services (including web site Customer establishes and hosts on SMIPc Internet Servicesí server) or the SMIPc Internet Services web site to publish, post, distribute or disseminate anotherís proprietary information, including trademarks or copyrighted information, without express written authorization of the rights holder. Customer understands and agrees that SMIPc Internet Services reserves the right to immediately remove (with or without terminating account) from account or any web site established on SMIPc Internet Servicesí server any material or information that infringes anotherís property rights.
  10. Security. Customer understands that the information available through SMIPc Internet Services or interconnecting networks may not be accurate, including the content displayed on the SMIPc Internet Services desktop. Customer understands that some of the information available through SMIPc Internet Services or interconnecting networks may be intended for adult audiences. Customer understands that internetworking communications are not secure, and may be subject to interception or loss. SMIPc Internet Services makes no warranties of any kind, whether expressed, implied, or statutory concerning the data or information available through the SMIPc Internet Services Network.

Contact Information:

Phone: (770) 838-9100 Address: PO Box 830

Email: billing@smipc.net Carrollton, GA 30117

PERSONAL CONTRACT

BUSINESS CONTRACT


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