Domain Registration Agreements
Site Policy
Acceptable Use Policy
Terms and Conditions
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THIS IS A SAMPLE ONLY. YOU MUST SIGN AND RETURN HARDCOPY VERSION
OR NEGOTIATE OTHER AGREEMENT BEFORE WE WILL INITIATE SERVICE.
It is important that you understand this Agreement. We have designed
it to protect ourselves, our customers, and others on the Internet,
and to preserve our privacy and freedom to use it as each of us
chooses without undue supervision or regulation. If you have any
questions or concerns about it, please call.
- Some Definitions:
The term "Customer" shall refer to Customer, Customer's officers,
agents or contractors and to Customer's designated users. "Community"
refers to the worldwide Internet community. Words of one gender may
be construed as denoting another gender as appropriate
within the context.
- Changes to This Agreement:
Upon notice published on the MaineStreet system or delivered to the
Customer personally or by US Mail to the last known address of the
party requiring notice, MaineStreet Communications, Inc. may modify
this Agreement and may discontinue or revise any or all aspects
at its sole discretion and without prior notice.
- The Service:
The MaineStreet service consists of the network connectivity and
support services necessary to publish and access information provided
by other customers and the Internet Community. MaineStreet exercises
no control whatsoever over its customers content or the content passing
over the network. The Customer expressly agrees that MaineStreet is
not responsible in any way for the information Customer finds on the
network. The Customer understands that he may find some content on
the Internet offensive or illegal and he agrees he will not hold
MaineStreet Communications, Inc. liable in any way.
- The License:
Customer's access to the MaineStreet system is for his own use only.
MaineStreet grants to the Customer a personal, nonassignable, and
nontransferable license to use it. The Customer agrees not to sell, share,
lend, or otherwise allow any other person or entity to use its access.
- Acceptable Use Policy:
The Customer may make any lawful use of the network and the information,
software, or other content he receives through it. The Customer may not
transmit any material in violation of any international, federal, or
local law or regulation.
The Customer agrees to accept the sole responsibility for abiding by
the policies of any network or political or administrative domain his
messages traverse and the Customer agrees that MaineStreet has no
responsibility to inform the Customer of the policies or regulations
of those domains.
The Customer agrees to make a bona-fide effort to respect
the conventions of the Internet Community and the newsgroups,
lists, networks, sites, and services he is accessing.
MaineStreet may disconnect Customer at any time without prior notice if,
in our sole opinion, Customer is violating any of these terms or is using
the network in a way harmful to MaineStreet Communications, Inc. or to
other members of the Internet Community. MaineStreet will also have all
other remedies available at law. Customer's sole remedy for improper
disconnection is refund of any advance payments made.
- Work at Customer's Premises:
The Customer shall at his own expense provide all preparations required to
use the service. The Customer shall be entirely responsible for equipment
and software and for the satisfactory functioning of equipment and software
not provided by MaineStreet and in the event that the Customer's equipment
fails to perform satisfactorily, the Customer shall nonetheless be liable
for payment for the service.
- Assumption of Risk:
The Customer agrees to take suitable precautions and MaineStreet shall not
be liable for any unauthorized access to the Customer's transmission
facilities or for alteration, theft, or destruction of Customer's data
files, programs, proceedures, or information by any means whatsoever, even
should such occur as a result of the fault or gross negligence of
MaineStreet Communications, Inc.
- Invoicing and Payments:
The Customer shall be responsible for all use of the network and systems
accessed through his password. The Customer shall pay all fees and
charges incurred by Customer at the rates in effect when incurred,
including but not limited to charges for any purchases made from
MaineStreet or through the network and any surcharges incurred while
using any supplemental network or services. MaineStreet Communications,
Inc. reserves the right to change the fees from time to time. A current
Schedule of Rates will always be maintained on a public server.
The Customer will pay to MaineStreet interest on amounts past due at the rate
of one and one half percent (1 1/2 \%) per month, and will pay all costs
of collection, including reasonable attorney's fees. If you fail to pay
any charges when due, MaineStreet shall have the right to disconnect you
without prior notice, and will have all other rights provided by law.
MaineStreet may, at its option, allow you to reconnect after payment
by you of a reconnect fee.
- The Limits of Our Liability:
The Customer expressly agrees that his use of the network is at his sole
risk. MaineStreet makes no warranties of any kind, whether expressed
or implied, for the goods and service it provides at any time to
the Customer. MAINESTREET COMMUNICATIONS INC. ALSO DISCLAIMS ANY WARRANTY
OF MECHANTIBILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, EXCEPT FOR GOODS AND
SERVICES USED OR BOUGHT PRIMARILY FOR PERSONAL, FAMILY, OR HOUSEHOLD PURPOSES.
The Customer agrees that MaineStreet Communications, Inc. will not be held
responsible for any damages suffered by the purchaser, including loss of
data resulting from equipment failure, delays, non-deliveries, misdeliveries,
or service interruptions even if caused by MaineStreet negligence or error.
MaineStreet shall not be liable for incidental or consequential damages
to Customer or to third parties.
MaineStreet liability for damages to the Customer from any cause whatsoever,
regardless of the form of action, (except for damages resulting from a
breach of the implied warranties of merchantability and fitness for a
particular purpose of consumer goods and services bought primarily for
personal, family, or household purposes) shall be limited to the lesser
of (1) repair and replacement of the nonconforming goods or parts, (2)
return of the goods and refund of the purchase price, or (3) the periodic
charges paid for services from the date damages were incurred, but in no
event for more than twelve months' charges for the service that causes
the damage.
- Indemnification and Hold Harmless:
Customer will indemnify, defend, and hold harmless MaineStreet Communications,
Inc., its officers, directors, employees, and agents, from any and all
damages, claims, losses, demands, or suits arising out of the use by Customer
or any other person or entity of the goods and services provided to Customer
by MaineStreet.
- This Agreement is and shall be Governed by the Laws of the State of Maine:
This Agreement constitutes the full agreement between the parties and
superceeds any previous oral or written understanding. This Agreement
shall be governed by the laws of the State of Maine and the courts of
Cumberland County, Maine shall have exclusive jurisdiction over causes
of action arising between the parties. Any cause of action of Customer
must be instituted within one year after the claim or cause of action
has arisen or be barred. No waiver of default under this Agreement shall
operate as a waiver of any future default, whether of a like or
different character.
The headings of articles used within this agreement are soley for
convenience and shall have no significance in the interpretation or
construction of this agreement.
If any provision of this agreement is declared by a court of competent
jurisdiction to be invalid for any reason, such invalidity shall not
affect the remaining provisions of this agreement. The remaining
provisions shall be fully severable, and this agreement shall be construed
and enforced as if the invalid provision had never been included.
Authorized signatures:
The parties have signed this Agreement by the duly authorized
representatives.
The undersigned officer or representative of Customer hereby warrants that
he has the authority to execute this Agreement on behalf of Customer,
and that he and Customer will be bound by his action.
This form for reference only; signatures required on hardcopy.
The undersigned officer or representative of MaineStreet Communications,
Inc. hereby warrants that he has the authority to execute this Agreement
on behalf of MaineStreet, and that he and MaineStreet will be bound by
his action.
This form for reference only; signatures required on hardcopy.
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