Service Agreement

PRINCIPLE

Telepak Networks, Inc., hereinafter at times referred to as “Company”, provides Telepak.net, our Internet connection service, for educational, professional, recreational, entertainment, and limited commercial purposes. As a responsible provider, we must ensure that our subscribers honor and respect the culture and etiquette of the Internet. This culture includes cooperation, civility, courtesy, and respect for privacy.

TERMS AND CONDITIONS OF USE

By logging on to Telepak.net, you agree to be bound by the terms, expectations and conditions set forth herein at all times. Failure to act in accordance with such terms, expectations and conditions shall result in the immediate cancellation of your service, as well as possible legal action by the Company to recover any and all damages directly or indirectly incurred by the Company because of such failure by you.

ACCOUNT USE

  1. You have read and understood the separate “Acceptable Use Policy,” also contained at http://www.telepak.net, which is incorporated by reference. You agree to abide by the guidelines. You agree that your account may be terminated if you do not follow the guidelines.
  2. You agree to use Telepak.net for only lawful purposes. You understand you may not transmit or store any information, data, or material in violation of US federal or state regulation or law. This includes, but is not limited to, material protected by copyright, trade secret, or any other statute, threatening material, or obscene material.
  3. You understand that messages and data sent to destinations outside the United States must satisfy Department of Commerce regulations (either be within the GTDA guidelines for information which may generally be transmitted or have the required license).
  4. You agree that your Telepak.net account cannot be transferred by you or used by anyone other than yourself. Account sharing is strictly prohibited. No more than one login session can be active at a time by the subscriber. Accounts which have been transferred to other parties, or show other activity in violation of this paragraph, are subject to immediate termination. You agree not to resell, relicense or redistribute Telepak Networks, Inc.’s Internet connection service to any individual, company or organization.
  5. You agree that Telepak Networks, Inc. is not responsible in any way for any information you may read, view, or retrieve while using Telepak.net. Telepak Networks, Inc. is not responsible for the content, accuracy, character, or attributes of any information. Information includes, but is not limited to, screen displays, data and text files, graphics files, and programs or executable files.

 

ACCOUNT SUSPENSION, CANCELLATION, CHANGE OR TERMINATION

  1. You agree that the Company has the right to delete all data, files, or other information stored on Telepak Networks, Inc.’s storage devices in your account, if your account is terminated, for any reason, by yourself or by the Company.
  2. You agree the Company may cancel your Telepak.net at any time by sending written notice to your last known mailing or billing address.
  3. You agree that you may cancel your Telepak.net by calling Telepak Networks, Inc. or informing them in writing. Disconnects are processed on the 1st day of the month only. You agree that you will be responsible for the service fee for the month in which you disconnect.
  4. You agree the Company has the right to suspend your service at any time, for any reason, without notice. If such a suspension is to last for more than 30 days, you will be notified as to the reason.
  5. You agree that the first month’s service fee will be prorated from the date of activation through month end. First bill will include prorated charge of activation month and full charge of current month.
  6. You agree that the charge for use may be changed from time to time upon prior notice to you.
  7. You agree that account balances that are unpaid by the due date as shown on your monthly statement will be assessed a $4.00 late fee.
  8. You agree that all return checks or drafts will have a $30.00 charge applied. Notations made on checks or accompanying material will not secure your rights.

 

WARRANTY AND LIABILITY

  1. You agree to indemnify, release, and hold harmless the Company from any claims or damages resulting from use of Telepak.net.
  2. No warranty is made by the Company regarding any information, services or products provided through, in connection with, or located on the computer systems of the express access service or other services provided by the Company, and the Company hereby expressly disclaims any and all warranties, including without limitation: 1) any warranties as to the availability, accuracy, or content of information product, or services; and 2) any warranties of merchantability or fitness for a particular purpose.
  3. Any liability of the Company, including without limitation any liability for damages caused or allegedly caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction of or unauthorized access to, alteration of, or use of records, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action, shall be strictly limited to the amount paid by or on behalf of the subscriber to the Company for the current month.
  4. In addition to and without limiting all other terms and conditions of your service agreement, by using Telepak.net, you agree and acknowledge that the Internet is a public network and that Telepak Networks, Inc. does not have any means by which to control or regulate the use of such network by others. You assume all risks of intrusion or infiltration into your computer or computing system, including without limitation, sabotage, destruction of files, damage or alteration of software or of the components of your computer or computing system, fraud, theft, loss of data, invasion of privacy, and use of your computer or computing systems by third parties to intrude upon or infiltrate any other computer or computing system for such purposes. Further, by using Telepak.net, you agree to release and indemnify and hold harmless Telepak Networks, Inc. against any and all claims related to such risks.
  5. You do not acquire any property or contractual rights in or to any electronic mail or web site address assigned to you by Telepak.net. Telepak.net reserves the right to change any address assigned to you as it deems necessary in its sole discretion without liability to you for damages of any type, including without limitation, consequential damages.

 

YOU ARE SOLELY RESPONSIBLE FOR ALL USE AND ANY MISUSE OF YOUR TELEPAK.NET ACCOUNT, REGARDLESS OF WHETHER SUCH USE IS AUTHORIZED BY YOU, AND YOU FURTHER AGREE TO INDEMNIFY AND HOLD HARMLESS TELEPAK NETWORKS, INC. FROM ANY AND ALL LOSSES, DAMAGES AND COSTS, INCLUDING ATTORNEYS FEES, ARISING FROM OR RELATED TO USE OF YOUR TELEPAK ACCOUNT IN VIOLATION OF THIS ACCEPTABLE USE POLICY OR THE SERVICE AGREEMENT.

COMPANY HAS NO OBLIGATION TO MONITOR ANY ELECTRONIC COMMUNICATION, INCLUDING ELECTRONIC MAIL, TRANSMITTED OR STORED ON THE TELEPAK.NET. HOWEVER, YOU AGREE THAT COMPANY HAS THE RIGHT TO MONITOR THE SERVICE ELECTRONICALLY FROM TIME TO TIME AND TO DISCLOSE ANY INFORMATION AS NECESSARY TO SATISFY ANY LAW, REGULATION OR OTHER GOVERNMENTAL REQUEST, TO OPERATE THE SERVICE PROPERLY, OR TO PROTECT ITSELF OR ITS SUBSCRIBERS. COMPANY WILL NOT DISCLOSE ANY PRIVATE ELECTRONIC-MAIL MESSAGE UNLESS REQUIRED BY LAW. COMPANY RESERVES THE RIGHT TO REFUSE TO POST OR TO REMOVE ANY INFORMATION OR MATERIALS, IN WHOLE OR IN PART, THAT, IN ITS SOLE DISCRETION, ARE UNACCEPTABLE, UNDESIRABLE, OR IN VIOLATION OF THIS AGREEMENT.

GOVERNING LAW

This agreement shall be governed by and construed in accordance with the laws and statutes of the State of Mississippi without regard to its conflicts of laws principles.

ARBITRATION

You acknowledge and agree that use of the Telepak.net or the Internet pursuant to this Agreement and/or any controversy or claim arising out of or relating to this Agreement or the breach thereof touches and concerns interstate commerce. You further agree that any controversy or claim arising out of or relating to this Agreement or the breach thereof shall be submitted to binding arbitration at a mutually agreeable site in Mississippi, or if no site can be agreed upon, then in Jackson, Mississippi. Such arbitration shall be binding upon both you and the Company and shall be conducted under the rules of the American Arbitration Association (AAA), including selection of the arbitrator(s), which shall be accomplished in accordance with the rules of the AAA. The prevailing party in such arbitration shall be entitled to recover the costs of such arbitration from the other party, including reasonable attorneys’ fees. The arbitrator(s) shall provide a written explanation of any decision, citing the facts and any applicable law upon which such decision is based. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

AGE OF CUSTOMER

If you are less than 18 years old, you must have the permission of your parent or guardian before logging onto Telepak.net. If you do log on, you represent that you have such permission, you agree to be bound by the terms hereof, and that your parent or guardian promises on your behalf to be bound by this service agreement and acceptable use policy.

The use of the Telepak.net Service is subject to the provisions of the Service Agreement and Acceptable Use Policy contained at http://www.telepak.net at the time of log-on, as amended from time to time by Telepak Networks, Inc. in its sole discretion.

7/24/03