WAN Solutions, inc.
SERVICE CONTRACT ATTACHMENT and ACCEPTABLE USE POLICY
1. Introduction
This Agreement is between WAN Solutions, inc. (hereafter referred to as "Provider" or "ISP") a Michigan company with its principal office located in Redford, MI and The Client a.k.a "User". The Provider agrees to provide, and Client (a.k.a user) agrees to accept through Provider access to services provided by WAN Solutions, inc. according to the following terms and conditions set forth in the AUP (Acceptable Use Policy).
This Acceptable Use Policy ("AUP") governs the use of the Internet, hosting or development services ("Service") provided by WAN Solutions, Inc. (the "ISP" or "Provider"), whether you subscribe to the Service or not, and you agree to all the terms set forth herein.
Generally, WAN Solutions, Inc. does not monitor or edit the content posted by users of the Service or other Internet services that may be available on or through the Service (e.g., newsgroups, chat rooms, message boards, etc.). However, WAN Solutions, Inc. and its agents reserve the right at their sole discretion to remove any content that, in WAN Solution's judgment, does not comply with the AUP or is otherwise harmful, objectionable, or inaccurate. WAN Solutions is not responsible for any failure or delay in removing such content.
In addition, WAN Solutions may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Your violation of this AUP may result in the suspension or termination of your access to the Service and/or your ISP account. You agree to indemnify, defend, and hold ISP harmless from any claims resulting from your use of this service, which damages you or another party. At our sole discretion, we may revoke your access for inappropriate usage. Use of any information obtained via the Service is at your own risk. ISP is not responsible for the accuracy, quality, or content of information obtained through the Service. This AUP should be read in conjunction with our Internet Service Agreement and other policies.
2. Violations
The following constitute violations of ISP's AUP:
(A) Using the Service to gain unauthorized access to any computer systems.
(B) Using the Service to transmit any material (by email, uploading, posting, or otherwise) that, intentionally or unintentionally, violates any applicable local, state, national or international law, or any rules or regulations promulgated there under.
(C) Using the Service to interfere with access to the Internet by other parties or disrupt the network used by ISP.
(D) Using the Service to harm, harass, degrade, or intimidate an individual or group of individuals on the basis of religion, gender, race, ethnicity, age, or disability.
(E) Using the Service to transmit any material (by email, uploading, posting, or otherwise) that threatens or encourages bodily harm or destruction of property.
(F) Using the Service to harass, threaten, embarrass or cause distress, unwanted attention or discomfort upon another.
(G) Using the Service to make fraudulent offers to sell or buy products, items, or services or to advance any type of financial scam such as "pyramid schemes", "ponzi schemes", and "chain letters".
(H) Adding, removing or modifying identifying network header information in an effort to deceive or mislead.
(I) Using the Service to transmit any unsolicited commercial email or unsolicited bulk email is prohibited. Activities that have the effect of facilitating unsolicited commercial email or unsolicited bulk email, whether or not that email is commercial in nature, is prohibited.
(J) Using the Service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of ISP or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data.
(K) Using the Service to transmit any material (by email, uploading, posting, or otherwise) that infringes any copyright, trademark, patent, trade secret, or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.
(L) Using the Service to collect, or attempt to collect, personal information about third parties without their knowledge or consent.
(M) Using the Service to harm minors in anyway.
(N) Reselling the Service without ISP's authorization.
3. Internet Connectivity USAGE
All connectivity, colocation and hosting accounts under the Service are allowed an unlimited number of sessions. Web hosting, server colocation or shared server systems are maintained in our Southfield facility and qualify for an uptime garuntee of 98%. This allows 2% of downtime for server and network maintenance. Outages which are out of the control of WAN Solutions do not apply toward the total 2% guaruntee.
4. Revisions of this policy by ISP
ISP reserves the right to revise, amend, or modify this AUP, our Internet Service Agreement and our other policies at any time and in any manner. Any revision, amendment, or modification will be posted for public viewing at our web site (http://www.webandnetworksolutions.com) or can be provided free of charge by request.
5. Cancellations
It is the users responsibility to contact WAN Solutions, inc. and inform us of your intentions in writing. Account cancellations must be made 30 days prior to your next billing cycle.
6. Late fees
WAN Solutions, inc. reserves the right to assess a 1.5 (one point five percent) compound monthly. Accounts which are determined delinquent past 60 days will be cancelled. Any account reinstated will be charged a (ten dollar) fee for reinstatement and may be required to place a deposit or prepayment of services based on the credit review of WAN Solutions, inc.
7. Refund Policy
Should a user choose to cancel service within the first 30 days of service WAN Solutions will refund 100% of the prepaid amount. WAN Solutions will not refund any prepaid monies due to cancellations after 30 days or due to users breach of WAN Solutions acceptable use policy. Should WAN Solutions exceed the total sum of 2% downtime per calander year a prorated dollar amount for the time exceeded will be credited to the account which recieved the outage. This does not iunclude downtime or outage which are out of WAN Solutions direct control.
8. Term and compensation
a) This Agreement will automatically renew for successive single month periods unless canceled in writing 30 days prior to the renewal date. Clients will receive an invoice or renewal reminders prior to any renewal via email sent to the email address Wan Solutions, inc. has on record. Payment is due upon receipt of the invoice. Such charges and fees are subject to change. Continuation of use of services by Client indicates agreement to such changes or revisions. If payment in full is not received within 30 days of the invoice date Wan Solutions, inc. will begin sending invoices via regular mail to the address of record. A $.50 (fifty cents) charge will be assessed for regular mail invoices.
b) If payment is not received by Provider within 60 days of the due date, Provider, at it's sole discretion, also has the option to terminate or otherwise deactivate the Client's account without any notice.
9. DISCLAIMER OF WARRANTY
a) PROVIDER'S SERVICE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. DUE TO PROVIDER'S RELATIONSHIP WITH ON LINE NETWORKS, THE PROVIDER GIVES NO WARRANTY, EXPRESSED OR IMPLIED, FOR THE INTERNET DIALUP SERVICES PROVIDED, INCLUDING WITHOUT LIMITATION, WARRANTY OF THE MERCHANTABILITY AND WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF WARRANTY EXPRESSLY DISCLAIMS ANY RIGHT TO REIMBURSEMENT FOR DIRECT OR CONSEQUENTIAL LOSSES, INCLUDING BUT NOT LIMITED TO LOSSES OF INCOME, DUE TO DISRUPTION OF SERVICE BY PROVIDER OR ITS PROVIDERS BEYOND THE FEES PAID BY CLIENT TO PROVIDER FOR SERVICES.
b) Client expressly agrees that use of Provider's service is at Client's sole risk. Provider, its employees, affiliates, agents, third party information providers, merchants licensers or the like, indicate Provider's Internet Dialup service may be interrupted and is not likely to be error free. Provider makes no warranty as to the results that may be obtained from the use of the Internet service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Internet service, unless otherwise expressly stated in this Agreement.
c) Under no circumstances, including negligence, shall Provider, its offices, agents or anyone else involved in creating, producing or distributing Provider's service be liable for any direct , indirect, incidental, special or consequential damages that result from the use of or inability to use the Provider's services; or that results from mistakes, omissions, interruptions, deletion or loss of files or data, errors, defects, delays in operation, or of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to Provider's records, programs or services. Client maintains sole responsibility for data backups and restoration. Client hereby acknowledges that this paragraph shall apply to all content on Provider's services.
d) Use of any information obtained by way of Provider is at Client's own risk and Provider specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of a connection to and does not represent guarantees of available end to end bandwidth.
e) Provider disclaims liability for any damages arising from Client's use of Provider or by Client's Server(s). Provider disclaims liability for Client's data, files, or directories residing on Provider's equipment or its Providers equipment. Client is solely responsible for maintaining data, file, and directory structure back-ups.
f) Notwithstanding the above, Client's exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate dollar amount which Client paid during the term of this Agreement.
10. Trademarks and Copyrights
a) Client warrants that it has the right to use the applicable trademarks of Client, and grants to Provider the rights to use such trademarks, if any, in connection with Provider's motion of, referencing of, cataloging of, or indexing of Provider's clients.
b) CLIENT HEREBY AGREES THAT ANY MATERIAL SUBMITTED FOR PUBLICATION ON PROVIDER THROUGH CLIENT'S ACCOUNT(S) WILL NOT VIOLATE OR INFRINGE ANY COPYRIGHT, TRADEMARK, PATENT, STATUTORY, COMMON LAW OR PROPRIETARY RIGHTS OF OTHERS, OR CONTAIN ANYTHING LIBELOUS OR HARMFUL. CLIENT WILL HOLD PROVIDER HARMLESS AND INDEMNIFY PROVIDER FROM ANY DAMAGES, FINES, OR COSTS INCLUDING ATTORNEY FEES WHICH MAY ARISE FROM ANY SUCH VIOLATION OR INFRINGEMENT.
11. Capacity
Client certifies that he or she has full right and authority to enter into this agreement to bind Client hereto.
12. Indemnification
Client agrees that it shall defend, indemnify, save and hold Provider harmless from any and all demands, liabilities, losses, costs and claims , including reasonable attorneys' fees, ("Liabilities") asserted against Provider, agents, its clients, servants, officers and employees, that may arise or result from publication or use of client's materials, any service provided or performed or agreed to be performed or any product sold by Client, its agents, employees or assigns. Client agrees to defend, indemnify and hold harmless Provider against Liabilities arising out of (i) any injury to person or property caused by any products or services sold or otherwise distributed in connection with Provider's service; (ii) any material supplied by Client infringing on the proprietary rights of a third party; (iii) copyright infringement and (iv) any defective product which Client sold on the Internet services.
13. ENTIRE UNDERSTANDING
This Agreement contained in this Contract constitutes the sole agreement between Provider and Client regarding its Internet service. It is construed in accordance with the laws of the State of Michigan. Any litigation or lawsuits incidental to this Agreement shall be filed and be determined in Wayne County Michigan unless otherwise agreed to in writing by Provider.
Signing up for an account binds the client to the above contract.
If you have any questions, please contact noc@wanemail.com.
WAN Solutions, inc.
26130 W. 6 Mile Rd.
Redford, MI 48240
Phone: (313) 532-1669 - Fax: (313) 532-1698
SERVICE CONTRACT ATTACHMENT and ACCEPTABLE USE POLICY
1. Introduction
This Agreement is between WAN Solutions, inc. (hereafter referred to as "Provider" or "ISP") a Michigan company with its principal office located in Redford, MI and The Client a.k.a "User". The Provider agrees to provide, and Client (a.k.a user) agrees to accept through Provider access to services provided by WAN Solutions, inc. according to the following terms and conditions set forth in the AUP (Acceptable Use Policy).
This Acceptable Use Policy ("AUP") governs the use of the Internet, hosting or development services ("Service") provided by WAN Solutions, Inc. (the "ISP" or "Provider"), whether you subscribe to the Service or not, and you agree to all the terms set forth herein.
Generally, WAN Solutions, Inc. does not monitor or edit the content posted by users of the Service or other Internet services that may be available on or through the Service (e.g., newsgroups, chat rooms, message boards, etc.). However, WAN Solutions, Inc. and its agents reserve the right at their sole discretion to remove any content that, in WAN Solution's judgment, does not comply with the AUP or is otherwise harmful, objectionable, or inaccurate. WAN Solutions is not responsible for any failure or delay in removing such content.
In addition, WAN Solutions may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Your violation of this AUP may result in the suspension or termination of your access to the Service and/or your ISP account. You agree to indemnify, defend, and hold ISP harmless from any claims resulting from your use of this service, which damages you or another party. At our sole discretion, we may revoke your access for inappropriate usage. Use of any information obtained via the Service is at your own risk. ISP is not responsible for the accuracy, quality, or content of information obtained through the Service. This AUP should be read in conjunction with our Internet Service Agreement and other policies.
2. Violations
The following constitute violations of ISP's AUP:
(A) Using the Service to gain unauthorized access to any computer systems.
(B) Using the Service to transmit any material (by email, uploading, posting, or otherwise) that, intentionally or unintentionally, violates any applicable local, state, national or international law, or any rules or regulations promulgated there under.
(C) Using the Service to interfere with access to the Internet by other parties or disrupt the network used by ISP.
(D) Using the Service to harm, harass, degrade, or intimidate an individual or group of individuals on the basis of religion, gender, race, ethnicity, age, or disability.
(E) Using the Service to transmit any material (by email, uploading, posting, or otherwise) that threatens or encourages bodily harm or destruction of property.
(F) Using the Service to harass, threaten, embarrass or cause distress, unwanted attention or discomfort upon another.
(G) Using the Service to make fraudulent offers to sell or buy products, items, or services or to advance any type of financial scam such as "pyramid schemes", "ponzi schemes", and "chain letters".
(H) Adding, removing or modifying identifying network header information in an effort to deceive or mislead.
(I) Using the Service to transmit any unsolicited commercial email or unsolicited bulk email is prohibited. Activities that have the effect of facilitating unsolicited commercial email or unsolicited bulk email, whether or not that email is commercial in nature, is prohibited.
(J) Using the Service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of ISP or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data.
(K) Using the Service to transmit any material (by email, uploading, posting, or otherwise) that infringes any copyright, trademark, patent, trade secret, or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.
(L) Using the Service to collect, or attempt to collect, personal information about third parties without their knowledge or consent.
(M) Using the Service to harm minors in anyway.
(N) Reselling the Service without ISP's authorization.
3. Internet Connectivity USAGE
All connectivity, colocation and hosting accounts under the Service are allowed an unlimited number of sessions. Web hosting, server colocation or shared server systems are maintained in our Southfield facility and qualify for an uptime garuntee of 98%. This allows 2% of downtime for server and network maintenance. Outages which are out of the control of WAN Solutions do not apply toward the total 2% guaruntee.
4. Revisions of this policy by ISP
ISP reserves the right to revise, amend, or modify this AUP, our Internet Service Agreement and our other policies at any time and in any manner. Any revision, amendment, or modification will be posted for public viewing at our web site (http://www.webandnetworksolutions.com) or can be provided free of charge by request.
5. Cancellations
It is the users responsibility to contact WAN Solutions, inc. and inform us of your intentions in writing. Account cancellations must be made 30 days prior to your next billing cycle.
6. Late fees
WAN Solutions, inc. reserves the right to assess a 1.5 (one point five percent) compound monthly. Accounts which are determined delinquent past 60 days will be cancelled. Any account reinstated will be charged a (ten dollar) fee for reinstatement and may be required to place a deposit or prepayment of services based on the credit review of WAN Solutions, inc.
7. Refund Policy
Should a user choose to cancel service within the first 30 days of service WAN Solutions will refund 100% of the prepaid amount. WAN Solutions will not refund any prepaid monies due to cancellations after 30 days or due to users breach of WAN Solutions acceptable use policy. Should WAN Solutions exceed the total sum of 2% downtime per calander year a prorated dollar amount for the time exceeded will be credited to the account which recieved the outage. This does not iunclude downtime or outage which are out of WAN Solutions direct control.
8. Term and compensation
a) This Agreement will automatically renew for successive single month periods unless canceled in writing 30 days prior to the renewal date. Clients will receive an invoice or renewal reminders prior to any renewal via email sent to the email address Wan Solutions, inc. has on record. Payment is due upon receipt of the invoice. Such charges and fees are subject to change. Continuation of use of services by Client indicates agreement to such changes or revisions. If payment in full is not received within 30 days of the invoice date Wan Solutions, inc. will begin sending invoices via regular mail to the address of record. A $.50 (fifty cents) charge will be assessed for regular mail invoices.
b) If payment is not received by Provider within 60 days of the due date, Provider, at it's sole discretion, also has the option to terminate or otherwise deactivate the Client's account without any notice.
9. DISCLAIMER OF WARRANTY
a) PROVIDER'S SERVICE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. DUE TO PROVIDER'S RELATIONSHIP WITH ON LINE NETWORKS, THE PROVIDER GIVES NO WARRANTY, EXPRESSED OR IMPLIED, FOR THE INTERNET DIALUP SERVICES PROVIDED, INCLUDING WITHOUT LIMITATION, WARRANTY OF THE MERCHANTABILITY AND WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF WARRANTY EXPRESSLY DISCLAIMS ANY RIGHT TO REIMBURSEMENT FOR DIRECT OR CONSEQUENTIAL LOSSES, INCLUDING BUT NOT LIMITED TO LOSSES OF INCOME, DUE TO DISRUPTION OF SERVICE BY PROVIDER OR ITS PROVIDERS BEYOND THE FEES PAID BY CLIENT TO PROVIDER FOR SERVICES.
b) Client expressly agrees that use of Provider's service is at Client's sole risk. Provider, its employees, affiliates, agents, third party information providers, merchants licensers or the like, indicate Provider's Internet Dialup service may be interrupted and is not likely to be error free. Provider makes no warranty as to the results that may be obtained from the use of the Internet service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Internet service, unless otherwise expressly stated in this Agreement.
c) Under no circumstances, including negligence, shall Provider, its offices, agents or anyone else involved in creating, producing or distributing Provider's service be liable for any direct , indirect, incidental, special or consequential damages that result from the use of or inability to use the Provider's services; or that results from mistakes, omissions, interruptions, deletion or loss of files or data, errors, defects, delays in operation, or of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to Provider's records, programs or services. Client maintains sole responsibility for data backups and restoration. Client hereby acknowledges that this paragraph shall apply to all content on Provider's services.
d) Use of any information obtained by way of Provider is at Client's own risk and Provider specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of a connection to and does not represent guarantees of available end to end bandwidth.
e) Provider disclaims liability for any damages arising from Client's use of Provider or by Client's Server(s). Provider disclaims liability for Client's data, files, or directories residing on Provider's equipment or its Providers equipment. Client is solely responsible for maintaining data, file, and directory structure back-ups.
f) Notwithstanding the above, Client's exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate dollar amount which Client paid during the term of this Agreement.
10. Trademarks and Copyrights
a) Client warrants that it has the right to use the applicable trademarks of Client, and grants to Provider the rights to use such trademarks, if any, in connection with Provider's motion of, referencing of, cataloging of, or indexing of Provider's clients.
b) CLIENT HEREBY AGREES THAT ANY MATERIAL SUBMITTED FOR PUBLICATION ON PROVIDER THROUGH CLIENT'S ACCOUNT(S) WILL NOT VIOLATE OR INFRINGE ANY COPYRIGHT, TRADEMARK, PATENT, STATUTORY, COMMON LAW OR PROPRIETARY RIGHTS OF OTHERS, OR CONTAIN ANYTHING LIBELOUS OR HARMFUL. CLIENT WILL HOLD PROVIDER HARMLESS AND INDEMNIFY PROVIDER FROM ANY DAMAGES, FINES, OR COSTS INCLUDING ATTORNEY FEES WHICH MAY ARISE FROM ANY SUCH VIOLATION OR INFRINGEMENT.
11. Capacity
Client certifies that he or she has full right and authority to enter into this agreement to bind Client hereto.
12. Indemnification
Client agrees that it shall defend, indemnify, save and hold Provider harmless from any and all demands, liabilities, losses, costs and claims , including reasonable attorneys' fees, ("Liabilities") asserted against Provider, agents, its clients, servants, officers and employees, that may arise or result from publication or use of client's materials, any service provided or performed or agreed to be performed or any product sold by Client, its agents, employees or assigns. Client agrees to defend, indemnify and hold harmless Provider against Liabilities arising out of (i) any injury to person or property caused by any products or services sold or otherwise distributed in connection with Provider's service; (ii) any material supplied by Client infringing on the proprietary rights of a third party; (iii) copyright infringement and (iv) any defective product which Client sold on the Internet services.
13. ENTIRE UNDERSTANDING
This Agreement contained in this Contract constitutes the sole agreement between Provider and Client regarding its Internet service. It is construed in accordance with the laws of the State of Michigan. Any litigation or lawsuits incidental to this Agreement shall be filed and be determined in Wayne County Michigan unless otherwise agreed to in writing by Provider.
Signing up for an account binds the client to the above contract.
If you have any questions, please contact noc@wanemail.com.
WAN Solutions, inc.
26130 W. 6 Mile Rd.
Redford, MI 48240
Phone: (313) 532-1669 - Fax: (313) 532-1698