TOP SPEED INTERNET SERVICE, LLC USER AGREEMENT

 

The person or entity identified below as the “User” agrees to receive access to the Top Speed Internet Service, LLC Services (the “Services”) specified on the Customer Contract between User and Top Speed Internet Service, LLC according to the following terms and conditions of this User Agreement (the “Agreement”) with Top Speed Internet Service, LLC (“Provider”):

 

1.         Provider shall configure User’s Services and provide the Services according to the specifications and terms set forth on the Customer Contract and Customer shall make all payments for use of the Services in accordance with the terms of such Customer Contract.

2.         Provider, in its sole business judgment, may terminate this Agreement immediately or suspend User’s access to the Services (including suspending or revoking public and private access to User’s Website) upon any breach of this Agreement or any terms of its Customer Contract, including but not limited to, refusal or failure to pay for Services on a timely basis, rejection of any credit card charges or checks, or bank drafts, or a determination by Provider, in it’s sole judgment, that User may be performing activities harmful to Provider, it’s employees, vendors, business relationships or any other Users of the Internet.

3.         Provider will provide User with customer support pursuant to the Customer Care and Support Policies posted on the Providers Internet Website, other Services to provide at Provider’s standard rates. Provider may at any time within 10 days of notice, change Customer Care and Support hours and policies, and procedures.

4.         Provider reserves the right to change the Services without notice, including, but not limited to, access procedures, commands, documentation, directory or file structures, vendors and services offered, so long as the Provider continues to provide equivalent or greater functionality of Services specified in the User’s Customer Contract.

5.         User is responsible for all use of User’s account(s) and confidentiality of User’s password(s) and information. Provider will suspend access or change access to User’s account(s) within a reasonable time upon written notification that a User’s account(s) or information has been lost, stolen or otherwise compromised.

6.         Provider maintains control and any ownership of any and all IP numbers and addresses that may be assigned to User and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses.

7.         User agrees to use the Services in a manner consistent with any and all applicable laws and to follow the “acceptable use policy” or any such similar policy of Provider or any network accessed by User.

8.         User HEREBY AGREES THAT ANY MATERIAL SUBMITTED FOR PUBLICATION ON PROVIDER THROUGH USER’S SERVICES WILL NOT VIOLATE OR INFRINGE ANY COPYRIGHT, TRADEMARK, PATENT, STATUTORY, COMMON LAW OR PROPRIETARY RIGHTS OF OTHERS, OR CONTAIN ANYTHING LIBELOUS.

9.         Provider reserves the right, in its sole discretion, to remove User’s files and information and return such files in a reasonable time to User after one or both parties terminates the Agreement.

10.      DISCLAIMER OF WARRANTY. THE SERVICES ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT BY WAY OF LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR OF NON-INFRINGEMENT, ARE MADE WITH RESPECT TO THE SERVICES OR ANY INFORMATION OR SOFTWARE THEREIN. SOME STATES DO NOT ALLOW LIMITATIONS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

11.      Provider is not responsible for User’s files and information residing on Provider. User is solely responsible for independent backup of data stored on any of Provider’s systems.

12.      Due to the public nature of the Internet, all information should be considered publicly accessible and important or private information should be treated carefully. Provider is not liable for protection or privacy of electronic mail or other information transferred through the Internet or any other network Provider or User may utilize.

13.      LIMITATION OF LIABILITY. NOTWITHSTANDING ANYTHING CONTAINED IN THIS AGREEMENT OR OTHERWISE, PROVIDER WILL NOT BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT  UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (l) FOR ANY AMOUNTS IN EXCESS IN THE AGGREGATE OF THE AMOUNTS PAID BY User FOR THE SERVICES UNDER ITS CUSTOMER CONTRACT DURING THE TWELVE MONTH PERIOD PRIOR TO THE DATE THE CAUSE OF ACTION AROSE OR (ll) FOR ANY INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA OR FILES, PROFIT, GOODWILL, TIME, SAVINGS OR REVENUE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

14.      This Agreement shall be governed by and construed in accordance with the laws of the State of Nevada without regard to the conflicts thereof. In any action or proceeding to enforce rights under this Agreement, the prevailing party shall be entitled to recover reasonable costs and attorney's fees. 

15.      Non-enforcement of any section of this Agreement by either party does not constitute a waiver or consent and both parties reserve the right to enforce this Agreement at their direction.

16.      If any one or more paragraphs in this Agreement is found to be unenforceable or invalid, User’s and Provider’s agreement  on all other paragraphs shall remain valid.

17.      All notices to Provider shall be sent to:

 

Top Speed Internet Service, LLC

1285 Baring Boulevard #313

Sparks NV 89434 USA

 

 

18.      All notices to User shall be provided at the address set forth in its Customer Contract. All notices under this Agreement shall be in writing and shall be deemed to have been duly given when received if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested.

 

The benefits of or rights conferred by this Agreement are non-transferable. Use of Provider accounts is expressly limited to the individual, business or other entity whose name appears at the bottom of this Agreement. By signing this Agreement, I acknowledge the above information is correct as of the date signed and signer listed below has the authority to enter into this contract for the company or entity herein of this contract, and is responsible for payment on this account. I have read fully understand, and agree to this Agreement. By signing this contract, I warrant that I am more than 18 years of age or, if not, that the Agreement has been signed by the parent or legal guardian who has accepted responsibility. If my representation made herein is untrue, then Provider has the right to immediately terminate all services and collect any damages caused as a result of such misrepresentation. I agree to inform Provider of any changes in the above information I have provided in a timely fashion.

 

 

 

 

 

 

 

 

 

 

 

 

Top Speed Internet Service, LLC User Agreement  / Updated 06/20/2002