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If you are interested in establishing service with Seanet, Please READ and UNDERSTAND the
following terms and conditions:
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 creates an account with SEANET via phone, in-person or written communication.
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 the Customer.
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 therefrom solely for the internal purposes of Customer and its
subsidiaries. Customer shall not access such Networks or provide any information obtained
therefrom, 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
therefor.
The Customer shall be responsible
for keeping all services contained within their account current,
including updating their pricing plans and removing unneeded services. Customers
are billed for the availability of a service, regardless of actual
activity levels. Balances will not be refunded due to inactivity.
3. Acceptable Use: SEANET's Networks and the information obtained therefrom 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 therefrom. SEANET may at its sole discretion
revoke Customers access without prior notice for inappropriate usage of the Networks
or the information obtained therefrom.
4. Charges: In consideration of Customers access to SEANET's Networks, Customer
shall remit to SEANET payments in accordance with Seanet's published pricing at the time
services with SEANET were established.
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 therefrom.
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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