SERVICE AGREEMENT
This Agreement by and between Seanet Corp. (hereinafter SEANET) and the
identified person/entity ordering services (hereinafter Customer) is effective
as of the date the Customer digitally signs this Agreement. SEANET provides access
to certain computer networks and software to assist in the utilization of
said computer networks and Customer agrees to the services and software
provided by SEANET pursuant to the terms and conditions of this Agreement.
1.SEANET's Duties:
The services and software SEANET will provide Customer (hereinafter individually
and collectively called Networks) shall be those ordered by Customer on
the SEANET Order Form. SEANET will provide Customer with access to the
Networks and supply Customer a unique password. Customer shall generally
have access to the Networks Monday through Sunday 24 hours per day.
2. Customer duties
and restrictions: Customer shall use the Networks and all information
obtained there from solely for the internal purposes of Customer and its
subsidiaries. Customer shall not access such Networks or provide any information
obtained there from, for the benefit of third parties (except for Customers
subsidiaries). Customer shall comply with all proprietary and restrictive
notices that may appear in the Networks. Customer shall be responsible
for maintaining the security of the unique password(s) and access telephone
number(s) issued to Customer and shall be responsible for all charges
for access to the Networks initiated by such password(s). Customer shall,
at its expense, lease or otherwise provide communications lines between
SEANET's facility and Customers facilities. Such communications lines
shall meet SEANET's specifications therefore.
3. Acceptable Use:
SEANET's Networks and the information obtained there from may only be used
for lawful purposes. Transmission of any material in violation of any
International, Federal or State law or regulation is prohibited. This
includes, but is not limited to: copyrighted material, threatening or
obscene material, or material protected by trade secret. Customer agrees
to indemnify and hold SEANET and all persons and entities affiliated with
SEANET harmless from and against any claims, demands, lawsuits and damages
arising from Customers use of the Networks or information obtained there from.
SEANET may at its sole discretion revoke Customers access without prior
notice for inappropriate usage of the Networks or the information obtained
there from.
4. Charges: In
consideration of Customers access to SEANET's Networks, Customer shall
remit to SEANET payments in accordance with Seanet's currently published
pricing. In addition, Customer shall pay all applicable taxes based on
or measured by this Agreement. Customer shall pay SEANET a late payment
charge of one per cent (1%) per month (min of $5.00) on any unpaid amount
for each calendar month or fraction thereof that any payment to SEANET
is in arrears. SEANET shall be relieved of its duties and may terminate
Customers access to the Networks if payment is not received when due.
Termination of Customers account or services hereunder does not affect
Customers responsibility under this Agreement to pay all fees incurred
up to the date the services were terminated, including any collection
fees and attorney fees and costs incurred by SEANET.
5. WARRANTIES:
SEANET MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED,
INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS OF THIS SERVICE
FOR A PARTICULAR PURPOSE. SEANET TAKES NO RESPONSIBILITY FOR ANY DAMAGES
SUFFERED BY CUSTOMER INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA FROM
DELAYS, NONDELIVERIES, MISDELIVERIES, OR SERVICE INTERRUPTIONS CAUSED
BY SEANETS OWN NEGLIGENCE OR CUSTOMERS ERRORS OR OMISSIONS. THOUGH SEANET
BELIEVES THAT THE NETWORKS AND INFORMATION OBTAINED THEREFROM ARE ACCURATE
AND CORRECT, SEANET DOES NOT WARRANT THE ACCURACY OR CORRECTNESS OF ANY
NETWORK OR INFORMATION OBTAINED THEREFROM.
6. Limitation of
Liability: Customer uses the information obtained through SEANET at its
own risk. In no event shall SEANET be liable to Customer for any indirect,
special or consequential damages or lost profits arising out of or related
in any way to this Agreement, the performance or breach thereof, of the
accuracy or correctness of the Networks or information obtained there from.
7. Term: This Agreement
shall continue until canceled by either party. Customer may cancel at
any time upon thirty (30) day prior written notice to SEANET. Customer
shall remain responsible for any fees and taxes up to the date of termination.
SEANET may cancel/terminate this Agreement at any time upon written notice
to Customer. SEANET shall reimburse Customer for any unused fees where
appropriate on a pro-rata basis. The foregoing rights and remedies of
the parties shall be cumulative and in addition to all other right and
remedies available to them in law and in equity.
8. Survival: The
terms and conditions contained herein are intended to continue and survive
and shall so any cancellation or termination of this Agreement.
9. Use of other
networks: If Customer uses any other organizations networks or software,
Customer is subject to their permission and usage policies.
10. Change of Status:
SEANET will occasionally require new registration and account information
by the Customer to continue service. In addition, the Customer shall notify
SEANET in writing of any changes in the account information, such as address.
11. Change of Terms
and Conditions: SEANET reserves the right to change the terms and conditions
of this Agreement by notifying Customer in writing at least thirty (30)
days in advance of the effective date of the change. Use by the Customer
after the effective date of the change constitutes acceptance of the new
terms and conditions. Otherwise, this Agreement may be amended only by
an instrument executed by authorized representatives of the respective
parties.
12. Entire Agreement:
This Agreement is the sole agreement between the parities and supersedes
all prior understandings, writings, proposals, representations or communications
whether written or oral by either party. A current copy of the terms and
conditions will always be available upon request.
13. Applicable
Law: This Agreement shall be interpreted in its entirety in accordance
with the laws of the State of Washington.
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