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Access Agreement

Internet Access Service Agreement

 

Before you begin to access the Internet through iQuickNet, LLC, you must review the following terms and conditions of iQuickNet, LLC Internet Access Service Agreement (the "Access Service or Access Service Agreement"). These terms and conditions explain iQuickNet, LLC's obligations to you, and explain your obligations to iQuickNet, LLC when you use the Access Service and will constitute a binding contract between you and iQuickNet, LLC. The term  or phrase "iQuickNet, LLC" refers to the physical web or Internet entity, as well as the corporate owner of "iQuickNet, LLC", being Digital Systems & Applied Technologies, Inc., a Maryland Corporation.    iQuickNet, LLC is providing you with the Access Service in consideration of your agreement to abide by these terms and conditions. By subscribing and submitting payment, you indicate your full agreement with these terms and conditions as presented here within.

It is suggested that you print out and keep a copy of this Agreement in a safe place so that you may refer to it from time to time.  It is also stressed that you refer to this specific Internet Access Service Agreement as terms and conditions may change without prior notice.

I. Terms of iQuickNet, LLC Internet Access Agreement.

  1. iQuickNet, LLC has established iQuickNet, LLCís Online Policies, which appear at the end of this Agreement and will continue to be refined and revised over time. You agree to abide by iQuickNet, LLCís Online Policies and agree that those policies are incorporated into this Agreement by reference. Please take the time to familiarize yourself with those policies.

  2. Current account charges, including billing methods, rates for using the Access Service, may be found in iQuickNet, LLCís Online Policies or may be obtained by calling iQuickNet, LLC Customer Service at 1-301-953-0495.

  3. You agree that iQuickNet, LLC may: (a) revise the terms and conditions of this Agreement (including iQuickNet, LLCís Online Policies); (b) revise its billing rates; and (c) modify the services provided under this Agreement at any time. Any such revisions and modifications shall be binding and effective immediately on posting the revised Agreement on iQuickNet, LLC web site, or on notification to you by e-mail or United States First Class Mail.

  4. You agree to review the Agreement (including iQuickNet, LLCís Online Policies) periodically to be aware of any such revisions. If any revision to this Agreement is unacceptable to you, you may terminate this Agreement at any time by providing iQuickNet, LLC with written notice by United States First Class Mail, or by contacting iQuickNet, LLC customer service via email. Notice of your termination will be effective upon receipt of your intent by iQuickNet, LLC.

  5. You agree that, by continuing to use the Access Service following notice of any revision to the Agreement (including iQuickNet, LLCís Online Policies), you accept any such revisions and agree to abide by any such revisions.

  6. iQuickNet, LLC reserves the right to distribute informative e-mails to its subscribers on an ad hoc basis, as it feels necessary or pertinent to the quality of its service. These announcements may include information about revisions to this Agreement (including iQuickNet, LLCís Online Policies) and/or modifications to the services provided under this Agreement or other information about iQuickNet, LLCís services.

 

II.  Registration Information.

  1. You agree to provide iQuickNet, LLC with accurate, complete registration information, to promptly notify iQuickNet, LLC of any changes in such information, and to verify such information as iQuickNet, LLC may request. If you do not provide iQuickNet, LLC with accurate registration information, you are not authorized to use the Access Service and your account may be terminated immediately.

  2. YOU AGREE THAT BY USING THE ACCESS SERVICE YOU REPRESENT THAT YOU ARE AT LEAST EIGHTEEN YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.

 

III. iQuickNet, LLC Internet Access Service. 

  1. iQuickNet, LLC Internet Access Service will provide you with: (a) unlimited connectivity to the Internet through iQuickNet, LLC Internet Access Service; (b) no cancellation fees for dial-up accounts; (c) free initial setup technical phone support; (d) fully licensed Internet access software if customer requests, and; (e) ISDN Internet access; (f) ISDN Internet access is available as either 1BRI or 2BRI, meaning 64k or 128k throughput; (g) DSL service may be provided given the commonly industry accepted limitations of its service/speed/availability which includes all forms of DSL technologies, including but not limited to DSL, SDSL, or ADSL,  (for definitions of these terms, please refer to our website).  If 128k ISDN or 2BRI is desired, additional rates will apply as if you are subscribing to two Internet access accounts.

  2. The Internet is an international computer network. The Internet is not owned, operated, or managed by, or in any way affiliated with iQuickNet, LLC or any of iQuickNet, LLCís affiliates. iQuickNet, LLC cannot, and does not guarantee that the Access Service will provide Internet access that is sufficient to meet your needs. You agree that your use of the Access Service and the Internet is solely at your own risk and is subject to all applicable local, state, national and international laws and regulations.

  3. You agree that iQuickNet, LLC retains the right, but not the obligation, to restrict or terminate your Access Service at any time, if iQuickNet, LLC, in its sole discretion, determines that you are in violation of this Agreement and/or iQuickNet, LLCís Online Policies. You agree that, if iQuickNet, LLC determines that you are in violation of this Agreement, any restriction or termination of your Access Service will be effective immediately, without prior notice. You agree that iQuickNet, LLC will have no liability to you for any restriction or termination of your Access Service pursuant to such violation.

  4. YOU AGREE THAT IF iQuickNet, LLC TERMINATES YOUR ACCESS ACCOUNT AS A RESULT OF YOUR VIOLATION OF THIS AGREEMENT OR iQuickNet, LLCís ONLINE POLICIES, YOU FORFEIT ANY RIGHT TO A REFUND OF ANY PREPAID ACCOUNT CHARGES, SUCH FORFEITURE BEING AGREED TO BY YOU AND iQuickNet, LLC AS LIQUIDATED DAMAGES AND NOT AS A PENALTY. You further agree that iQuickNet, LLC is under no obligation to forward any email for an account canceled due to a violation. iQuickNet, LLC reserves the right to refuse the application or reapplication of anyone whose account has been canceled for a violation, or anyone whom iQuickNet, LLC suspects is acting on behalf of someone whose account has been canceled for a violation. iQuickNet, LLC reserves the right to cancel or suspend all other accounts belonging to you if one of your accounts was involved in a violation.

  5. iQuickNet, LLC reserves the right to disconnect and/or temporarily suspend an account from iQuickNet, LLCís service without warning if in iQuickNet, LLCís sole discretion there is a reasonable suspicion that such disconnection or suspension would prevent or interrupt a violation of this Agreement or iQuickNet, LLCís Online Policies.

  6. Subject to the provision of the Digital Millennium Copyright Act and any other applicable laws and regulations, iQuickNet, LLC reserves the right to remove or block access to, either permanently or temporarily, any files which iQuickNet, LLC suspects or which a third party alleges are associated with a violation of the law, this Agreement or iQuickNet, LLCís Online Policies or with the account responsible for such violation. This includes but is not limited to blocking access to Usenet news articles.

  7. iQuickNet, LLC reserves the right to refuse "smarthosting" connectivity and other similar services and procedures to any user who owns or operates an open mail relay.

  8. iQuickNet, LLC reserves the right to remove, either permanently or temporarily, any e-mail that has been left on iQuickNet, LLC servers for a period of 30 days or more.

  9. If the connection to iQuickNet, LLCís Access Service has no activity from the user for a period of 10 minutes, then iQuickNet, LLC may disconnect services and end the session.  The user may re-connect to re-establish a session.

  10. You are responsible for verifying that the phone number your computer is dialing in order to access the Internet through iQuickNet, LLC is a local access number. Any telephone charges associated with your access to the Internet through iQuickNet, LLC are solely your responsibility. iQuickNet, LLC DOES NOT REIMBURSE OR PAY AND SHALL NOT BE RESPONSIBLE FOR ANY OF YOUR TELEPHONE CHARGES FOR ANY REASON.

  11. You are responsible for obtaining and maintaining any communications equipment necessary to connect to iQuickNet, LLC, including modems, computer hardware and software, and long distance or local telephone service. You are responsible for ensuring that such equipment or service is compatible with iQuickNet, LLCís requirements. In addition, you are responsible for maintaining the security of your account, password, files, network and user access, and any information you disseminate through iQuickNet, LLC services or other Internet services, and for all use of your account with or without your knowledge or consent, including, without limitation, any use of your account by minors.

  12. By using the Access Service you agree that neither iQuickNet, LLC nor its affiliates shall be held responsible or liable, directly or indirectly, for any loss, liability or damage of any nature caused, or alleged to have been caused, by your use of, or reliance on, any content, goods, or services available on or through the Access Service.

 

IV. Content of Communications and Transmissions Through iQuickNet, LLC.

  1. The Access Service provides you access to information, communications, software, photos, video, graphics, music, sounds, services and other material located both on iQuickNet, LLCís computer servers and on the Internet ("Content"). As a matter of policy, iQuickNet, LLC does not pre-screen Content placed on iQuickNet, LLC computer servers by any of its subscribers. Moreover, iQuickNet, LLC does not have the practical ability to monitor, review, or restrict access to Content on iQuickNet, LLC servers prior to its transmission or to monitor all communications between parties. The Internet also provides access to individuals and organizations who are not iQuickNet, LLC subscribers. iQuickNet, LLC does not have the capability to monitor, review, or restrict any Content made available by third parties on the Internet, to edit or remove any Content that is not on iQuickNet, LLCís own servers, nor to monitor all communications between parties. You agree that you shall be responsible for and bear all risk associated with the accuracy, completeness, reliability or usefulness of any Content available to you on or through the Access Service and for all your communication on the Access Service.

  2. You agree that notwithstanding anything herein to the contrary, iQuickNet, LLC has the right, but not the obligation, to remove Content from iQuickNet, LLC computer servers which iQuickNet, LLC, in its sole discretion, determines to be in violation of this Agreement or iQuickNet, LLCís Online Policies.

  3. You acknowledge that you may receive or be exposed to Content, goods or services which you consider to be improper, inaccurate, misleading, defamatory, obscene or otherwise offensive. You agree that iQuickNet, LLC will not be liable for any action or inaction with respect to any such Content posted on or through the Access Service and the Internet.

  4. You understand that your use of the Internet through the Access Service may not be used in any way to violate any local, state or federal laws or statutes.  Furthermore, it should be clearly understood that you are responsible and liable for comments distributed, information made public (what you would consider private or otherwise), pictures, facsimiles, or other representations or art that may originate from your account or computer, or that which may arrive to your account or computer from another originator.  iQuickNet, LLC will cooperate with any police or legal authority, providing sufficient legal rights or requests, in any criminal investigation involving the manufacturing, assembly, export or distribution of illegal firearms, explosive or incendiary devices, child pornography, narcotics, other products of contraband, or other products determined to be in violation of federal laws or statutes, including the export and/or distribution of encryption software or products to foreign individuals or nations, or other individuals, organizations or nations determined by the federal government to be restricted from such technology.

 

V. Copyright and Other Rights.

  1. The Access Service provides access to Content that is protected by copyrights, trademarks, and other intellectual property rights ("Rights") of various third parties.

  2. You agree that your use of Content shall be governed by all applicable laws and regulations, and by the specific restrictions placed on such Content by the owners or licensors of the Rights in such Content.

  3. You agree not to upload, download, display, perform, transmit or otherwise distribute on or through the Access Service any material (including, without limitation, any Content to which you have access through the Access Service) that is subject to another partyís Rights, without that partyís express permission or unless otherwise authorized by law. You acknowledge and agree that any such unauthorized conduct: (a) may result in termination of this Agreement, and; (b) may expose you to civil or criminal liability. WITHOUT LIMITING THE FOREGOING IN ANY WAY, YOU ACKNOWLEDGE AND ACCEPT THAT iQuickNet, LLC SHALL HAVE THE RIGHT, IN APPROPRIATE CIRCUMSTANCES, TO RESTRICT AND/OR TERMINATE YOUR ACCESS SERVICE IF YOU REPEATEDLY ENGAGE IN COPYRIGHT OR TRADEMARK INFRINGEMENT OR OTHER VIOLATIONS OF THE RIGHTS OF THIRD PARTIES.

  4. You agree that by posting or transmitting or otherwise distributing material to any public area (such as public chat rooms, message boards, newsgroups, webspace or software libraries), you are requesting and authorizing iQuickNet, LLC to make that material available to other Internet users and that such access will result in copies of such material being transmitted to others. To the extent that such material is subject to any Rights of yours or a third party, you automatically (a) grant, and/or represent that owner of any such material has expressly authorized you to grant, iQuickNet, LLC a royalty-free, perpetual, irrevocable, non-exclusive, world-wide, right and license to reproduce, publish, distribute, perform and display such material (in whole or in part), or (b) represent that the publication, distribution, performance and display of such material (in whole or in part) by iQuickNet, LLC, is otherwise authorized by law.

  5. With respect to any material stored on an iQuickNet, LLC system at your direction, you acknowledge and agree that in the event that iQuickNet, LLC receives appropriate notice that such material infringes the Rights of a third party, has actual knowledge of such infringement, or is aware of facts or circumstances from which infringement is apparent, iQuickNet, LLC shall have the right immediately to remove or block access to such material. Under such circumstances, however, you shall have the right to notify iQuickNet, LLC that such material has been removed or access denied as a result of a mistake or misidentification of the material. iQuickNet, LLCís policy with respect to such notices is explained in more detail in iQuickNet, LLCís Online Policies. You also acknowledge and agree that, under appropriate circumstances, iQuickNet, LLC shall have the right to remove or block your access to allegedly infringing Content provided by third parties.

 

VI. Rights of iQuickNet, LLC's Access Service Software and Other Products.

  1. Your use of the Access Service gives you limited rights to use the software through which you access iQuickNet, LLC Internet Access Service and the Internet (the "Access Service Software"). iQuickNet, LLC grants you a non-exclusive, non-transferable, revocable, limited license or sublicense to use the Access Service Software solely for the purpose of connecting to the Access Service in accordance with this Agreement. Upon the termination of this Agreement for any reason, your license or sublicense to use such Access Service Software shall automatically terminate.

  2. You acknowledge that iQuickNet, LLC and its licensors have Rights in the Access Service, including, without limitation, the Access Service Software and related documentation, certain Content provided by iQuickNet, LLC or its licensors, the "look and feel" of the Access Service, Access Service names, subscriber interfaces, and other features.

  3. You agree not to copy, modify, adapt, reproduce, translate, distribute, reverse engineer, decompile, or disassemble any Content or any aspect of the Access Service that is owned by or in which iQuickNet, LLC or its licensors have Rights, including, without limitation, the Access Service Software.

 

VII. No Warranty.

  1. YOU AGREE THAT YOUR USE OF THE ACCESS SERVICE, THE ACCESS SERVICE SOFTWARE, AND THE INTERNET IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT THE ACCESS SERVICE AND THE ACCESS SERVICE SOFTWARE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION.

  2. EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE EXPRESSLY PROHIBITED BY LAW, iQuickNet, LLC DISCLAIMS ANY AND ALL LOSS, DAMAGE OR LIABILITY ARISING OUT OF OR RELATING TO YOUR USE OF THE ACCESS SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY LOSS, DAMAGE OR LIABILITY RELATING TO: (A) LOSS OR CORRUPTION OF DATA; (B) LOSS OF OR DAMAGE TO SOFTWARE OR HARDWARE; (C) ACCESS DELAYS OR ACCESS INTERRUPTIONS; (D) COMPUTER VIRUSES; (E) NON-DELIVERY OR MIS-DELIVERY OF DATA; (F) THE NEGLIGENT ACTS AND/OR OMISSIONS OF iQuickNet, LLC OR iQuickNet, LLC SUBSCRIBERS; (G) ANY DEFECTS, FAILURES, ERRORS, OMISSIONS, OR MISSTATEMENTS IN ANY AND ALL INFORMATION, GOODS, OR SERVICES OBTAINED ON OR THROUGH THE ACCESS SERVICE, (8) ANY FAILURE OF ACCESS SERVICE SOFTWARE TO BE YEAR 2000 COMPLIANT; AND; (9) LOSS OR LIABILITY RESULTING FROM ACTS BEYOND iQuickNet, LLCís CONTROL.

  3. You agree that iQuickNet, LLCís entire liability, and your exclusive remedy, with respect to your use of the Access Service, your use of the Access Service Software, and any breach of this Agreement is solely limited to the amount you paid to use the Access Service. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages; in such states, iQuickNet, LLCís liability is limited to the extent permitted by law.

  4. You may not rely on oral or written information or advice given by iQuickNet, LLCís officers, directors, employees, agents, authorized representatives, subcontractors or affiliates and/or their officers, directors, employees, agents, authorized representatives, or subcontractors or affiliates to create a warranty or increase the scope of warranty already established in these terms and conditions. Your rights and iQuickNet, LLCís responsibilities are limited to the warranties that are expressed in these written terms and conditions that have been established by iQuickNet, LLC to govern the use of the Access Service.

 

VIII. Indemnification.

  1. You agree to defend, release, indemnify, and hold iQuickNet, LLC, its affiliated companies and licensors, and its and their respective officers, directors, employees, agents, authorized representatives, and subcontractors harmless from all liabilities, claims and expenses, to include without limitation, reasonable attorneys fees, arising from breach of the Agreement by use of, or in connection with the posting or transmission of any Content or other material by or through your account on the Access Service.

  2. You agree that iQuickNet, LLC has the right, but not the obligation, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you pursuant to Paragraph 1 of this section. In such event, you shall have no further obligations pursuant to Paragraph 1 of this section.

 

IX. Termination or Cancellation of This Agreement.

  1. You agree that, notwithstanding anything herein to the contrary, you or iQuickNet, LLC may terminate this Agreement for any reason at any time.

  2. You agree that your only right with respect to any dissatisfaction with (a) any agreement term, policy, or practice of iQuickNet, LLC in operating the Access Service, (b) any Content available on or through the Access Service or change therein, or (c) amount or type of fees or billing methods, or change therein, is to terminate this Agreement as set forth in Paragraph 1 of this section.  You may be entitled to a prorated refund if such action is taken by you within the first 30 days of establishment of the Access Service account.  You may forfeit some or all of any unused portion of  your Access Service account should you voluntarily terminate your Access Service Agreement or account.

  3. You agree that iQuickNet, LLC has the right, but not the obligation, to delete all program, data, or other files on iQuickNet, LLC computer servers that are associated with your account at the time of termination.

  4. Only the person whose name is on the account shall have the right to change the user ID(s) and/or password(s) for the account, and/or cancel an existing account. Some restrictions may apply to your selection of user id.  Such decisions are made solely at the discretion of iQuickNet, LLC and may not be contested by the name on or the owner of the account.

  5. The following fees and charges are non-refundable: Web and Publishing/Development Fees, Domain registration fees, Static IP charges, Sub Class C charges and Class C charges, long distance telephone charges and any shipping and handling charges.

 

X. Miscellaneous.

  1. You agree that this Agreement and iQuickNet, LLCís Online Policies (which are incorporated by reference) comprise the entire understanding between iQuickNet, LLC and you, and supersede any prior agreements or correspondence between you and iQuickNet, LLC and/or any postings or other notices from iQuickNet, LLC with respect to the subject matter of this Agreement.

  2. You agree that, if any portion of this Agreement (including iQuickNet, LLCís Online Policies) is held invalid or unenforceable, that portion will be construed as consistent with applicable law as nearly as possible to reflect the original intentions of the parties, and the remaining portions will remain in full force and effect.

  3. The Agreement will be governed by the laws of the states of Maryland, Utah, or California, excluding its conflicts of law rules, at the sole discretion of iQuickNet, LLC. You and iQuickNet, LLC each submit to the exclusive subject matter jurisdiction, personal jurisdiction, and venue of the courts of the states of Maryland, Utah, or California and the federal courts located in the states of Maryland, Utah, or California, at the sole discretion of iQuickNet, LLC.

 

XI. Acceptance By User.

  1. I accept the terms of this Internet Access Agreement and agree to be bound by its terms.

 

 

Important!
This information applies to all users of all internet access methods, whether via dial-up, ISDN, DSL, etc.

 

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