Microserv Service Agreement
Microserv will provide access to the Internet, and Subscriber will utilize Microserv's service, according to the following terms and conditions.
1. SERVICE
Upon receipt and approval of this signed Agreement, Microserv shall create Subscriber's account to enable Subscriber's access to Microserv's internet access service (the "Service"). Subscriber is responsible for all use of Subscriber's account and confidentiality of passwords.
2. TECHNICAL SUPPORT
Microserv will provide technical support at no Charge to Subscriber to assist in establishing Subscriber's connection to the Service and configuration of Internet software tools provided by Microserv. Technical support hours are from 8:00 a.m. to 9:00 p.m., Monday through Friday, except on nationally observed holidays, and 9:00 a.m. to 4:00 p.m. Saturday.
3. EQUIPMENT UTILITIES
Subscriber shall provide his or her own computer equipment necessary to access to the Service. Subscriber is responsible for all local and long-distance telephone charges for connecting to the Service.
4. CANCELATION (Effective August 1, 2003)
To cancel your account, you must notify Microserv in the following manner and with the following information:
• By telephone at (208)-528-6161. You must provide your name, username, security code, e-mail address and phone number on the account for verification purposes in order for the cancellation to be valid; or,
• In writing by a) postal mail to Microserv - Cancel Service, 1800 East 17th Street, Idaho Falls, ID 83404, or b) fax to Microserv - Cancel Service at (208) 528-6585, or c) electronic mail to billing@ida.net. You must provide your name, username, e-mail address and phone number on the account for verification purposes in order for the cancellation to be valid. In the event of cancellation in writing, you may be contacted by a Microserv representative to confirm your account information and cancellation details; or,
• In person at any Microserv office.
Failure to use services made available by Microserv does not constitute a valid cancellation. Your account will automatically renew for a renewal period equal to the original period of service for which you contract unless specifically terminated per the procedures detailed herein or by Microserv per this Agreement. Microserv does not refund pro-rated intra-period charges upon cancellation and does not provide any refund for pre-paid services purchased under this agreement. In the event of cancellation, all services provided by Microserv will terminate on the effective cancellation date and Microserv shall have no further obligation to provide services of any kind after that date.
5. TERMINATION BY MICROSERV
Microserv, at its sole business judgment, may terminate this Agreement immediately or suspend Subscriber's access to the Service for refusal or failure to pay for Service or by sole judgment of Microserv that Subscriber may be performing activities harmful to Microserv or its Subscribers, employees, vendors, business relationships or any other users of the Internet. (See Microserv's System Abuse Policy).
6. TERMINATION BY SUBSCRIBER
Subscriber may terminate this Agreement at any time. The termination will be effective 1 working day after the notice is received. In the event an amendment is adopted by Microserv, which was not part of the Agreement when you purchased your service, and which you find unacceptable or otherwise impossible to comply with, you have the right and duty to terminate your services. In order to terminate services, you must notify Microserv of your intent to cancel (see “CANCELLATION” section above).
7. DATA/INDEMNIFICATION
Subscriber understands and agrees that the Internet is a conglomeration of on-line data bases operated by distinct entities having no business or legal relationship to Microserv. Microserv has no input whatsoever as to the content of Internet data accessed via the Service. Subscriber is solely responsible for any value or reliance it places on information obtained via the Internet. Microserv does not monitor nor control any information on the Internet. It does not warrant the information is appropriate for families nor does it warrant that the information available on the Internet does not violate copyright, libel or privacy laws. Subscriber is liable for his/her users of the Internet and will hold Microserv harmless from any liability arising because of the subscriber's use of the Internet.
8. LIMITED WARRANTY
Microserv warrants only that it shall, subject to the terms and conditions of this Agreement, provide Subscriber access to the Internet. Microserv MAKES NO OTHER WARRANTIES AND SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR AGAINST INFRINGEMENT. Microserv FURTHER DISCLAIMS ANY WARRANTY OR REPRESENTATION AS TO THE INTERNET AND INFORMATION THEREFROM.
9. LIMITATION OF LIABILITY
Microserv shall not be liable to Subscriber's for more than the monthly fee for any single month during which any claim arose. Microserv shall have no liability for incidental, consequential, or punitive damages.
10. COMPLIANCE WITH LAW
Subscriber agrees to use the Service in compliance with all applicable laws and to upload and/or download files, (i) only with the consent of the copyright or patent owner; (ii) only if such files do not violate anyone's right to privacy; (iii) only if such files do not contain any defamatory material.
11. LAW
This Agreement shall be construed under the laws of the State of Idaho. Idaho courts shall have jurisdiction over this Agreement and all litigation under this agreement shall be in Idaho.
12. NOTICE
Notices to either party may be given via e-mail using the e-mail ID assigned to the parties by Microserv. Notice shall be effective upon first access under that ID number after the notice is posted.
13. FEES, PAYMENT METHOD
Subscriber will be charged a monthly base fee for the number of Internet access hours (base hours) per month. The base fee will be charged at the beginning of each month. Subscriber will be charged an additional usage fee for all access hours or portions of hours in excess of the base hours. The usage fee will be charged monthly at the end of each month. Subscriber authorizes charges for base fees and usage fees to be made to the identified credit card or banking account each month for the duration of this agreement. The price of the services shall be those printed from time to time in Microserv's rules. Notice of charges against Subscriber's credit card shall be made as provided in paragraph 11. Billing of business subscribers may be made by direct invoicing rather than debiting a credit card. Payment by business subscribers may be made by check or purchase order only by key accounts and only upon prior authorization by Microserv. If payment by check is authorized the amount billed will be due within 10 days after the date of the invoice. Subscriber authorizes verification of credit worthiness. A fee of $20 will be assessed for (1) late payment, (2) payment with insufficient funds, (3) denied or invalid credit card number, or (4) restart of service terminated for nonpayment. Microserv may change any fee, rate, or package upon thirty days Notice. (See Microserv's Billing Policy for additional information)