THIS AGREEMENT IS ENTERED
INTO by and between the person named on the Application (Subscriber)
and Osage Municipal Utilities [OMU] regarding access to the Internet
as follows:
1. Access to the Internet:
(a) Internet Access: This Agreement allows the subscriber to access
the Internet. Subscriber will be issued an Electronic Mail Address.
Subscriber will use OMU Account Number, or other issued number as
Internet Account Number.
(b) License: During the term of this Agreement, and subject to its
terms and conditions, OMU grants Subscriber non-exclusive, non-transferable,
limited access to the Internet, through OMU. Subscriber may access
the Internet at such times as it is generally available and use data
made available to Subscriber on the Internet. Subscriber hereby expressly
agrees to comply with all license agreements or copyrights which may
be included with down-loaded software and/or information obtained
through OMU.
(c) Limitations: Internet data or any portion thereof may be copied,
down-loaded, stored, published, transmitted, sold, or otherwise used,
in any form or by any means, where Subscriber (i) obtains the appropriate
license, or (ii) secures the appropriate consent for copyright materials,
if not otherwise expressly prohibited by this Agreement, as allowed
by the fair-use provision of the United States Copyright Act, 17 USC./107.
(d) Rights In the Downloaded Software and/or information: All rights,
title, and interest in all downloaded software and/or information,
including the copyrights therein are, and shall continue to be, the
exclusive property of the stated owners.
2. Billing:
(a) Access Charges: Charges payable for access to and use of the Internet
by means of OMU gateway will be as indicated on the Application Form
For Internet Account, on a per month basis, and is payable as designated
therein.
(b) Billing and Payment: Charges, unless expressly agreed to as otherwise,
will be billed automatically to the Subscriber's OMU Account. Initial
month fees will be pro-rated on the number of days remaining in that
month. Charges may include sales, use and other taxes as required
by law. Subscriber is required to pay all applicable charges by the
15th day of the following month. Past due accounts are subject to
1.5% interest per month and further access to the internet may be
denied. Reinstatement of terminated services will be subject to a
new set-up charge.
(c) Modification of Charges: Charges may be modified by OMU on 30
days notice by Electronic or Postal mail.
3.
(a) Indemnification: By signing the Application Form for Internet
Access, Subscriber agrees to the terms and conditions of service described
therein. Monthly hour usage beyond the number of hours designated
by the Service Level will be subject to surcharges. Subscriber also
agrees to indemnify OMU for any loss suffered to them by improper use
of the Internet or the information or software derived there from.
Subscriber further agrees to compensate anyone harmed by Subscriber's
abusive use of the OMU Internet service.
Subscribers shall not post or transmit any program or data which is
copyrighted or otherwise protected without express written permission
of its proper owner.; or which contains a "virus", "worm",
"cancel boot", or other harmful material; or which might
hinder or obstruct other authorized subscribers from accessing the
system. Subscribers shall not abuse or fraudulently use the system
in any way.
(b) Privilege: The use of this system is a privilege which may be
revoked by OMU at any time for abusive conduct, including, but not
limited to, the placing of unlawful, obscene, abusive or otherwise
objectionable information, language, or material. OMU shall be the
sole arbiter of what constitutes abusive conduct and reserves the
right to review and edit, or remove, any material from stored files
or programs to which others have access.
(c) Responsibility for Certain Matters: Subscribers shall be responsible
for all access to and use of the software and/or information available
through Subscriber's account whether or not Subscriber has knowledge
of, or authorizes such access and use.
(d) Monitoring Access: Subscriber acknowledges that OMU is not monitoring
Subscriber's access to the Internet except with regard to to proper
functioning of its system. However, Subscriber further acknowledges
and agrees that OMU shall have complete access to all information
contained on its system, and Subscriber waives any claim, including
but not limited to invasion of privacy, with respect to said information.
4. Disclaimer or Warranties and Limitation
of Liability:
(a) Disclaimer of Warranties: The services provided by OMU and the
software and/or information available on the internet are provided
"AS IS", without warranties of any kind, express or implied,
including but not limited to the warranties of performance, merchantability,
or fitness for a particular purpose.
(b) Limitation of Liability: Subscribers exclusive remedy and OMU's
entire liability hereunder, if any, for any claim for damages made
against it, whether based in contract or negligence, shall be as follows:
(i) any claim relating to OMU access software or the Internet shall
be limited to the amount of charges paid by the Subscriber relative
to the period of occurrence of events which are the basis of the claim.
(ii) In no circumstances will OMU be liable for any lost profits or
other consequential, exemplary, incidental, direct, indirect, or other
damages arising out of this Agreement or Subscriber's use of OMU's
Internet access service.
(c) Limitation of Claims: Except for claims relating to OMU Internet
charges, no claim, regardless of form, which in any way arises out
of this Agreement or use of the Internet may be made, nor action based
upon such claim brought by Subscriber more than (1) year after the
action accrues, if the basis for such claim becomes known to the Subscriber
desiring to assert it.
5. Entire Understanding and Amendment:
This Agreement embodies the entire understanding between the parties
with respect to the subject matter hereof and supercedes any and all
prior understandings and agreements relating hereto. OMU may amend
the terms and conditions of this Agreement at any time by posting
such changes on its system, such changes to take effect 30 days following
the preceding date. Any other amendments must be made in writing and
signed by both parties.
6. Term and Termination:
(a) Effective Date: This Agreement will become effective upon approval
and execution by OMU in Osage, Iowa.
(b) Termination: Upon notice to the Subscriber, OMU shall have the
option to terminate this Agreement for any reason at any time. OMU
may terminate this Agreement immediately and without notice if Subscriber
commits a material breach of this Agreement.
(c) Obligations Upon Termination: Upon termination of this Agreement,
the licenses granted hereunder shall also terminate, and Subscriber
shall comply with the obligations under the applicable license agreements.