I. Billing: "No Refund Policy". This policy affects all customers' accounts and will be enforced unless it is determined that a user is unable to access the Internet due to fault of Digital Razor. In the latter case, Digital Razor will refund or adjust the customer's account appropriately. Returned checks and declined credit cards are subject to a $25 penalty charge. All account balances not paid in full by the invoice due date, will be subject to a 5% late fee. All requests for account cancellation will be finalized at the end of the current billing cycle. Requests for account termination must be submitted in the form of written letter or email with name, account number, and password. In the event that Digital Razor does not receive a written request, the customer will be responsible for the continued billing of your account and for paying any outstanding balances that accrue. The subscriber must also make sure that Digital Razor recieves the letter within 10 days of your next billing date. Subscribers will have full access to e-mail and the Internet until termination at the end of the billing cycle. Digital Razor reserves the right to suspend or cancel any delinquent accounts without prior notice. All suspended accounts will be subject to $15 reconnection fee.
II. Modifications: the TERMS AND POLICIES and Fee and Service Schedule shall be subject to modification by Digital Razor. Such modification shall be effective upon notice to Subscriber. Use of the Services in connection with the LOGIN subsequent to notice of such modifications shall be deemed Subscriber acceptance of the modifications.
III. Proprietary Rights: Subscriber acknowledges that information available through the Services may be protected by copyrights, trademarks, trade secrets or other proprietary rights ("Proprietary Information"). Any access or use of Proprietary Information in connection with the LOGIN shall not violate any applicable copyright, trademark, service mark, patent, or trade secret laws and Subscriber shall indemnify, release and hold harmless Digital Razor from any such violation. Subscriber hereby acknowledges that the unauthorized transmissions of Proprietary Information in connection with the LOGIN constitutes a breach of the Agreement and could subject Subscriber to criminal prosecution as well as personal liability for damages in a civil suit by Digital Razor or third parties. Subscriber is solely and exclusively liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm arising from or related to use of the Service in connection with the LOGIN.
IV. Export: The Services shall not be used to transfer any information or materials to either a foreign national or a foreign destination in violation of applicable law or to allow access to any such information or materials by any foreign national in violation of applicable law, including but not limited to, the Export Administration Act, the Arms Export Control Act, and implementing regulations ("Export Control Law"). Subscriber shall indemnify, release and hold harmless Digital Razor for any violation of the Export Laws.
V. Purchases: Subscriber hereby acknowledges that merchandise and services are available through the Services and the Internet and that such merchandise and services are offered by independent third parties which are not related to Digital Razor. Subscriber hereby releases, indemnifies, and holds harmless Digital Razor from any and all claims in connection with transactions involving such merchandise and services conducted in connection with the LOGIN. Digital Razor makes no warranty concerning any such merchandise or services.
VI. Multiple logons are not permitted. Violators will be handled at our discretion in one of the following ways. This list contains, but is not limited to, possible penalties that can be imposed by Digital Razor. a)Billed for the multiple logon b) termination of Digital Razor account.
VII. Lawful Purposes: The Services shall be used for lawful purposes only. Unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind (as determined by Digital Razor) including, but not limited to any material which encourages conduct that constitutes a criminal offense, gives rise to civil liability or otherwise violates any applicable law shall not be posted or transmitted using the Services.
VIII. Content: Information, data, images, graphics, and any other materials transmitted to public areas on Digital Razor's System or through the Internet using the Services ("Content") shall be accessible by third parties using the Internet or Services. Digital Razor and such third parties, their licensees and assigns shall have a royalty-free, world-wide perpetual, irrevocable, non-exclusive right and license to access, view, use, reproduce, modify, adapt, publish, translate, and distribute the Content (in whole or part) in any form, media or technology now known or hereinafter to become known and to prepare derivative works and to incorporate such Content in other works in any form, media, or technology now known or hereafter developed or to become known, as permitted by law. Subscriber hereby waives any and all attribution, integrity, and moral rights with regard to the Content whether arising under the law of any state of the United States, United States federal law, or the law of any other country.
IX. Prohibition: Digital Razor shall have the sole and exclusive right to prohibit conduct and communication using the Services which may be harmful or in violation of the law, as determined by Digital Razor. Digital Razor shall have the right to monitor use of the Services and may, in its sole discretion, delete any information and materials published through the Services or stored on the Digital Razor System. Digital Razor reserves the right to view and disclose any information posted on the Digital Razor System or transmitted using the Services. Notwithstanding the foregoing, Digital Razor shall not be liable for any action or inaction by Digital Razor with respect to monitoring or prohibiting conduct, communication, or content using the Service.
X. Pornography: Subscriber hereby acknowledges that using the Services to obtain or view pornographic materials or the transmission or copying of such materials may violate applicable law and subject subscriber to criminal prosecution. Subscriber shall indemnify, release, and hold harmless Digital Razor from any damages, claims, and liabilities resulting from such violations of any law in connection with the LOGIN.
XI. E-Mail: Subscriber hereby grants Digital Razor the right to monitor, view, and disclose any and all electronic mail transmissions using the Services or stored on the Digital Razor System in connection with the LOGIN as permitted under applicable law. Digital Razor shall not be liable for protection or privacy of electronic mail and information transferred using the Services.
XII. Unlawful Conduct: The Services shall not be used to conduct (or solicit performance of) any business or activity which is prohibited by law. Pyramid schemes shall not be transmitted using the Services.
XIII. Prohibited Use: The Services shall not be used to solicit persons to subscribe to competitive on-line information and Internet access services. The Services shall not be used to provide Internet access to third parties on a commercial basis. Subscriber shall not be or become a commercial Internet access provider or provide any Internet access that may be in competition with Digital Razor.
XIV. Employee Soliciting: Subscriber shall not induce or solicit (directly or indirectly) any Digital Razor employee to leave the employment of Digital Razor or engage the services of such employee (as an employer or otherwise) without the prior written consent of Digital Razor.
XV. Indemnification: Dedicated Subscriber hereby assumes liability for and hereby agrees to indemnify and hold harmless Digital Razor from and against any and all liabilities and damages of any kind and nature imposed on, incurred by or asserted against Digital Razor arising out of the ownership, use, operation, and transportation of the Communication Equipment or as a result of the initial installation of the Communication Equipment and any other matter connected therewith, including but not limited to, latent and other defects whether or not discoverable by Digital Razor or Dedicated Subscriber.
XVI. LIMITATION OF WARRANTY: Digital Razor DISCLAIMS AND DEDICATED SUBSCRIBER HEREBY WAIVES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND (EXPRESS OR IMPLIED) IN CONNECTION WITH OR RELATED TO THE COMMUNICATION EQUIPMENT, DEDICATED SUBSCRIBER SHALL USE THE EQUIPMENT "AS IS". Digital Razor SHALL NOT BE LIABLE TO ANY EXTENT, WHATEVER, FOR THE QUALITY, CONDITION, MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE, OPERATION, OR PERFORMANCE OF THE COMMUNICATIONS EQUIPMENT OR THE MAINTENANCE THEREOF; NOR SHALL Digital Razor BE LIABLE FOR SPECIFIC PERFORMANCE OR DAMAGES, IF ANY, IF FOR ANY REASON THE COMMUNICATIONS CLAIM, LOSS, OR DAMAGE CAUSED BY THE COMMUNICATION EQUIPMENT.
XVII. Service Warranty: The Services shall be available on a best effort basis and shall conform to the standards generally observed in the industry for similar services. The Services shall comply with all applicable law, rules, regulations or orders.
XVIII. SERVICES: ALL USE OF THE SERVICES IN CONNECTION
WITH THE LOGIN SHALL BE AT THE SOLE AND EXCLUSIVE RISK OF SUBSCRIBER.
Digital Razor DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES Digital Razor MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE CONTAINED IN OR PROVIDED THROUGH THE SERVICES. Digital Razor SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCE FOR HARM OR DAMAGES RESULTING FROM OR ARISING OUT OF SUBSCRIBER OR ANY THIRD PARTY INABILITY TO USE THE SERVICES.
XIX. ACCESS PROVIDER: SUBSCRIBER HEREBY AGREES THAT Digital Razor IS A DISTRIBUTOR AND PROVIDER OF INFORMATION AND THAT Digital Razor IS NOT A PUBLISHER OF AND DOES NOT HAVE EDITORIAL CONTROL OVER INFORMATION DISTRIBUTED BY THIRD PARTIES THROUGH THE SERVICES OR THE INTERNET ("INFORMATION"). SUBSCRIBER UNDERSTANDS THAT Digital Razor DOES NOT ENDORSE THE INFORMATION NOR IS Digital Razor RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OR ANY INFORMATION PROVIDED ON OR THROUGH THE SERVICES OR INTERNET. Digital Razor DOES NOT GUARANTEE OR WARRANT THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY THIRD PARTY INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET, NOR THE MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF SUCH INFORMATION.
XX. Third Parties: Oral advice or written information provided through the Services or otherwise by Digital Razor, or any third party, third party information providers, merchants, licensors, or the like, shall not create a warranty; nor shall Subscriber rely on any such information or advice. Digital Razor shall not be liable under any circumstance for any loss or damages caused by Subscriber reliance or any other party's reliance on information obtained through or related to the Service.
XXI. WARRANTY LIMITATION: Digital Razor HEREBY DISCLAIMS AND SUBSCRIBER HEREBY WAIVES ALL WARRANTIES RELATED TO THE SOFTWARE AND DOCUMENTATION (EXPRESSED OR IMPLIED) INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE WARRANTIES OF MERCHANTABILITY. EXCEPTING THE WARRANTIES EXPRESSLY ACKNOWLEDGED HEREUNDER, Digital Razor HEREBY DISCLAIMS AND SUBSCRIBER HEREBY WAIVES ALL WARRANTIES (EXPRESSED OR IMPLIED) RELATED TO THE SERVICES, SOFTWARE AND THE AGREEMENT INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES OF MERCHANTABILITY.
XXII. Force Majeure: Digital Razor shall not be liable for any failure to perform its obligations or any failure of the Software or Services under this Agreement because of circumstances beyond the control of Digital Razor, which such circumstances shall include (without limitation) natural disaster, terrorism, labor disputes, war, declarations of government, transportation delays, failure of the Computer, failure of the Digital Razor System, telecommunications failure and misuse of the Software or Services.
