Osage Municipal Utilities Users Agreement

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.


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