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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Carrollton, GA 30117
Phone: (770) 838-9100 Address: PO Box 830