Service Agreement
Terms of Service
Access to the Internet Service is provided subject to the following
Terms and Conditions:
- The Internet Service provided to the Subscriber by Maineline.net
may only be used in accordance with all applicable laws, statutes,
regulations and rules and solely for lawful purposes. Transmission,
promulgation, theft, procurement of, communication, alteration,
publication or storage of any information, protected material/property,
data or material in violation of any National Law of any sovereign
nation, or of International Law, the United states Annotated Code,
or of any state or local law, statute, regulation or rule is strictly
prohibited. This includes, but is not limited to, any material,
data, matter, software or software code, or intellectual property
protected by copyright, trademark, privacy, or other proprietary,
personal or property right, trade secret, or any other statute.
It is unlawful and a violation of this Agreement to communicate,
transmit, or promulgate in any manner, means or medium, any threatening,
harassing, or obscene material, matter, or communications of any
sort or to otherwise use the Internet Service for any illegal
or unlawful purpose.
- The subscriber is solely responsible for the knowledge of and
adherence to any and all laws, statutes, rules and regulations
pertaining to (i) the Subscriber's use of the Internet Service,
(ii) the use of any networks connected to the Internet Service,
and (iii) to the communications means by which the Subscriber
connects their modem, PC terminal or other equipment to the Internet
service.
- The subscriber agrees to indemnify and hold harmless Maineline.net,
its officers, shareholders, agents and employees and its other
subscribers from any and all claims, costs, expenses, judgments,
causes of actions, attorneys fees, litigation and court costs
resulting from the Subscriber's use of the Internet Service in
any manner, whether directly, indirectly or by any act of commission
or omission.
- Payment of the Internet service fee is due on the first day
of the billing period of the selected service option. An Internet
Service account is in default if payment of the Internet Service
fee is not received within 15 days after payment is due. If the
Subscriber's payment is returned to Maineline.net unpaid, the
Subscriber is immediately in default and subject to a $25 fee
from Maineline.net. Accounts unpaid 30 days after payment is due
may have their service interrupted. Service interruption does
not relieve the Subscriber from the obligation to pay the Internet
Service fee. Only a written request to terminate the service relieves
the Subscriber of the Subscriber's obligation to pay the monthly
account charge. Accounts in default are subject to an interest
charge of 1.5% per month. If the Subscriber defaults, the Subscriber
is to pay Maineline.net its reasonable expenses, including attorney
and collection agency fees, incurred in enforcing its rights under
these Terms and Conditions. An act of default accelerates payments
to be due immediately, as credit is no longer being extended.
- In the event Maineline.net is required to engage the service
of an attorney because of a breach by the Subscriber of any of
the terms herein contained, the Subscriber agrees to pay all of
Maineline.net's reasonable attorney's fees and court costs. Upon
breach of this Agreement, all of Subscriber's rights and privileges
shall immediately be terminated and upon such termination all
subscriber fees shall be forfeited as liquidated damages to Maineline.net.
In the event of litigation both parties agree that the Law of
Maine shall apply and both parties consent to the jurisdiction
of the state courts of Washington County, Maine. Both parties
expressly waive a jury trial.
- Either Maineline.net or the Subscriber, upon written notice
sent to the other party at the addresses contained in this agreement,
can cancel this agreement at any time.
- The Subscriber agrees that Maineline.net has the right to delete
all data, files, or other information that is stored in the Subscriber's
account, if the Subscriber's account with Maineline.net is terminated
for any reason, by either Maineline.net or the Subscriber.
- Maineline.net shall have the right to suspend service to the
Subscriber at any time, and for reasonable cause, without notice.
- Upon acceptance of the Subscriber's application for the Internet
service, the Subscriber will be provided with access to the Internet
Service on an as available, first-come, first-serve basis. Permission
to access the Internet Service shall remain valid and in force
effect during the pendency of this Agreement, except as provided
elsewhere herein.
- The Subscriber's rights herein granted cannot be transferred,
shared, sold, or used by anyone other than the Subscriber and
his or her immediate household. No more than one login session
can be used at any time by the Subscriber on any Internet Service
account. Accounts that have been transferred to other parties,
or show other activity in violation of this paragraph, are subject
to either i) immediate cancellation, or ii) double billing, at
the sole discretion of Maineline.net.
- NO WARRANTY: Maineline.net, exercise no control over the content
and/or availability of the information through the Internet service,
and Internet service, in its entirety is provided on an "AS
IS" basis. No warranty, either express or implied, of any
kind, is granted to Subscriber.
- LIMITED LIABILITY: Any liability of the company, including without
limitation any liability for damages caused or allegedly caused
by any failure of performance, error, omission, interruption,
electrical surge/damage/interference, 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 agreement, 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.
- Use of the Internet Service account constitutes acceptance of
these Terms and Condition as well as acceptance and agreement
to the Maineline.net Acceptable Use Policy located online at (http://www.maineline.net/policy.html).
The Acceptable Use Policy is subject to change without notice.
- This Agreement represents the complete understanding between
the parties as to the subject matter hereof, and supersedes all
prior written and oral negotiations, representations, guaranties,
warranties, promises, orders, statements or agreements between
the parties or any statement or representation made or furnished
by any other person representing or purporting to represent either
party. Maineline.net reserves the right to modify these Terms
and Conditions by notifying Subscriber 30 days in advance of the
effective date of the modifications.
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