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Varnet, Inc. Internet Services
VARNET, INC. INTERNET SERVICE AGREEMENT This Agreement is your contract for Varnet, Inc. Internet Service. 1. Introduction. a. Terms of Service. This Agreement governs the terms and conditions under which Varnet, Inc., with the assistance of certain vendors ("Vendors"), provides you, its customer ("you"), Internet access service including 24-hour access and up to 5 email addresses. By using Varnet, Inc. Internet Service, you acknowledge and agree to the terms and conditions of this Agreement ("Terms"). b. DSL Subscribers. If you are a Varnet, Inc. DSL Internet customer, then all of the provisions of the Varnet, Inc. DSL Internet Service Addendum supplement and modify this Agreement and apply to your Varnet, Inc. DSL Internet Service. The Varnet, Inc. DSL Internet Service Addendum is included at the end of this Agreement c. Varnet, Inc. is in compliance with the new "Open Internet" rules governing internet service providers. (http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-201A1.pdf) Being such, Varnet, Inc. will NOT block lawful transmission of internet data so long as the provisions in sections 4 (c) and section 5 (a) through (k) are not violated, nor will Varnet, Inc allow any company or individual to purchase priority bandwidth or discriminate in way between competitive websites. Every time you use Varnet, Inc. Internet Service, you are agreeing to Varnet, Inc.'s Terms. If Varnet, Inc. changes the Terms in a way that you do not accept, you may terminate the service as provided in Section 11 below. 2. Changes in Terms. Varnet, Inc. may change the Terms on not less than ten days' written notice by email or by United States mail. Your use of Varnet, Inc. Internet Service after the effective date of any change in the Terms shall constitute your acceptance of and agreement to such change. 3. Charges, Billing, and Payment. a. Rates. You can learn the current rates for Varnet, Inc. Internet Service and related fees by telephoning (559) 534-2211, or by going on-line to http://www.varnet.net/pricing_1.html. Charges for usage, if any, are billed in arrears. The basic rates and usage rates do not include taxes or governmentally-required surcharges, for which you are also responsible. b. Billing. Unless you have elected an annual dial-up package, Varnet, Inc. will bill you monthly. The fixed monthly rate is payable in advance on or before the first day of Varnet, Inc. monthly billing cycle. Usage charges, if any, are billed in arrears. c. Payment. You shall pay upon demand all amounts due to Varnet, Inc. Checks for payment should be made payable to "Ducor Telephone Company." d. Billing Disputes. Unless you notify Varnet, Inc. of an error in Varnet, Inc.'s billing within sixty (60) days after it first appears on your account statement, the statement will be deemed accepted by you for all purposes. You release Varnet, Inc. from all liabilities and claims resulting from any billing error not reported to Varnet, Inc. within sixty (60) days after the date of the statement on which it appears. e. Late Payment; Non-Payment. If Varnet, Inc. does not receive the full amount you owe for Varnet, Inc. Internet Service and related fees within fifteen (15) days after the date of Varnet, Inc. statement, you shall owe Varnet, Inc. interest at the rate of 1.5% (or the highest amount allowed by law, whichever is less) per month on the outstanding balance until paid. You shall also be liable for all costs of collecting any unpaid balance on your Internet service account(s) with Varnet, Inc., including attorneys' fees. If any amount remains unpaid for more than thirty (30) days, Varnet, Inc. shall have the right to terminate your Varnet, Inc. Internet Service. f. Credit Check. You authorize Varnet, Inc. to do any credit verification Varnet, Inc. deems necessary and such verification may be done at any time while you are receiving Varnet, Inc. Internet Service. Credit verification may include a review of credit reports received from any commercially available credit bureau. You agree to provide Varnet, Inc. with such personal information as may be required by Varnet, Inc. in order to determine your creditworthiness and you represent and warrant that all of such information is true and correct. You acknowledge that credit privileges, if granted, may be withdrawn at any time. Any telephone charges incurred are your responsibility, including long distance charges, if any. g. Charges Not Included. i. Telephone. You are responsible for all telephone company usage charges associated with connection to Varnet, Inc. Internet Service. It is your responsibility to determine the dial-in number to use that will avoid toll usage charges. ii. Customer Charges. You may incur charges while using the Internet, for example, for using on-line information services and shopping on-line. You are solely responsible for those charges. 4. Content. As used in this Agreement, "Content" means the information, software, graphics, photographs, video, speech, sounds, music, and other material and services communicated through Varnet, Inc. Internet Service. a. No Liability. Varnet, Inc. makes no representations, warranties, or promises as to, and you must bear the risk of relying on, the accuracy, completeness, or usefulness of any Content. As a matter of policy, Varnet, Inc. does not screen or filter any Content and has no obligation to monitor Content. Accordingly, neither Varnet, Inc. nor any of its Vendors shall have any liability whatsoever for any action or inaction by Varnet, Inc. or any of its Vendors with respect to Content. b. Third Party Conditions of Use. Content is provided by persons and entities not under the control of Varnet, Inc., and such other Internet service providers have their own terms and conditions of use. Violation of any of those terms of use may subject you to termination of Varnet, Inc. Internet Service. c. Content Rights. Varnet, Inc. and its Vendors reserve the right (but shall have no obligation) to monitor Content and to remove Content that Varnet, Inc. or any of the Vendors deems unacceptable, undesirable, or in violation of this Agreement. Varnet, Inc. and its Vendors reserve the right to disclose any Content and to identify the responsible customer as may be required by law, or to operate Varnet, Inc. Internet Service properly, or to protect itself or its other subscribers. d. Parental Guidance. Content may include material inappropriate for minors; Varnet, Inc. recommends that you guide your minors' use of the Varnet, Inc. Internet Service directly and/or consider using commercially-available tools that enable you to restrict access to certain Internet areas and other features of the Varnet, Inc. Internet Service that may be inappropriate for minors, at your sole cost and risk. Varnet, Inc. makes no warranties with respect to such tools. You may also use a built in feature available on most personal/business computers and laptops. Seek information from the manufacturer on your specific device. 5. Appropriate Use. Varnet, Inc. reserves the right to terminate your Varnet, Inc. Internet Service immediately without notice if, in Varnet, Inc.'s sole discretion, you do not use Varnet, Inc. Internet Service in an appropriate and lawful manner. You shall not use and shall not allow others to use Varnet, Inc. Internet Service, directly or indirectly, to: a. Post, transmit, or promote any Content that defames or libels Varnet, Inc. or any other person, or that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, indecent, obscene, sexually explicit, hateful, or racially, ethnically, or otherwise objectionable or offensive; or b. Upload, post, publish, transmit, reproduce, or distribute in any way, information, software, or other material that is protected by copyright or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or right holder or access any computer, software, data, or any confidential, copyright-protected, or patent-protected material of any other person, without the knowledge and consent of such person; or c. Disrupt the normal flow of dialogue in a chat room or on a message board or otherwise act in a manner that negatively affects any other person; or d. Impersonate any person or entity, or communicate under a false name or a name you are not entitled or authorized to use; or e. Post or transmit chain letter or pyramid schemes; or f. Post or transmit any unsolicited advertising, promotional materials, or other forms of solicitation to other persons, except in those areas that are expressly designated for such a purpose, or collect the screen name of any other Varnet, Inc. subscriber without permission; or g. Post or transmit any communication or solicitation designed or intended to obtain password, account, or private financial information from any other person; or h. Violate any operating rule, policy, or guideline of any other Internet service provider; or i. Violate any applicable local, state, national, international, or foreign law, including but not limited to any rule or regulation having the force of law and including but not limited to export and encryption laws and regulations of the United States; or j. Copy, distribute, or sublicense any software provided by Varnet, Inc. or violate the terms under which it was provided to you, except that you may make one copy of each software program for back-up or archival purposes only; or k. Restrict, inhibit, or otherwise interfere with the ability of any other person to use or enjoy Varnet, Inc. Internet Service. Varnet, Inc. has established a "Designated Agent" in order to receive reports of copyright infringement. If you know of anyone who has committed copyright infringement please contact Dan Ryant PO. Box 9227 Red Bluff, CA. 96080 (530) 585-2215 (888) 546-5443 Your use of Varnet, Inc. Internet Service and the Internet is solely at your own risk. 6. Security. Because the Internet is a resource shared among many users, there is a risk that you could be subject to a variety of security breaches, including but not limited to eavesdropping, denial of service attacks, and receipt of corrupted files or viruses. This means that other people may be able to access, monitor, and/or alter your files, data, or other traffic sent or received using Varnet, Inc. Internet Service, or negatively affects your ability to use the service, or both. Any information sent by you over Varnet, Inc. Internet Service is sent at your sole risk, and you are solely responsible for obtaining and maintain a security system on your devices. Varnet, Inc. shall have no liability whatsoever for any claims, losses, actions, damages, suits, or proceedings arising out of or otherwise related to such actions. 7. Limited Warranty. Varnet, Inc. shall use commercially reasonable efforts to provide you high quality Varnet, Inc. Internet Service, but Varnet, Inc. does not guarantee that you will be able to access the Varnet, Inc. Internet Service at a particular speed, time, or location or that Varnet, Inc. will have adequate capacity for the Varnet, Inc. Internet Service as a whole or for particular purposes. Interruptions in Varnet, Inc. Internet Service may occur due to scheduled maintenance or failure of hardware or software, as well as acts of God. Varnet, Inc. does not warrant that any data or files sent by or to you will be transmitted in uncorrupted form. All representations, warranties, endorsements and conditions of any kind, express or implied, including, without limitation, fitness for a particular purpose, merchantability, and those arising from a course of dealing or usage of trade, are hereby excluded. Varnet, Inc. shall give you at least 24-hours' advance notice by email of scheduled maintenance that could interrupt all or some of Varnet's Internet Service. Varnet, Inc. reserves the right to throttle customers speeds or place a cap on the amount of bandwidth available during times of network problems or maintenance windows. 8. Transactions. Varnet, Inc. does not endorse, warrant, or guarantee any product or service offered through Varnet, Inc. Internet Service and shall not be a party to or in any way monitor any transaction between you and third-party providers of products or services. 9. Limitation of Liability. The following limitations apply to the acts, omissions, negligence, and gross negligence of Varnet, Inc., its officers, employees, agents, contractors, or representatives, which acts, omissions, negligence, or gross negligence, but for this provision, would give rise to a cause of action against Varnet, Inc. in contract, tort, or any other legal doctrine. Your sole and exclusive remedies under this Agreement are as expressly set out in this Agreement. a. Service. Varnet, Inc. shall not be liable to you or anyone else for any special, indirect, or consequential damages, including without limitation loss of anticipated profits or other economic loss, personal injuries, or property damage arising out of interruptions, errors, or defects, in installation, provision, termination, maintenance, repair, or restoration, of Varnet, Inc. Internet Service, however caused, or for damage to, loss of, or destruction of, any software, files, or data (collectively, a "Loss"). Varnet, Inc.'s liability for direct damages for a Loss caused by the ordinary negligence of Varnet, Inc. shall not exceed the amount you paid for the affected service for the period of time it was affected. Varnet, Inc.'s liability for any direct damages for a Loss caused by the gross negligence on the part of the Company shall be limited to $2,500. Varnet, Inc. shall not be liable for any Loss due to causes beyond its control.
b. Software. Varnet, Inc. shall not be liable to you or anyone else for any special, indirect, or consequential damages, including without limitation loss of anticipated profits or other economic loss, personal injuries, or property damage, for faulty software provided by Varnet, Inc. Varnet, Inc.'s entire liability to you for defects in software provided by Varnet, Inc., and your exclusive remedy, shall be limited to replacement of the software. c. Intellectual Property Rights. Varnet, Inc. shall not be liable to you or anyone else for any losses, claims, damages, expenses, liabilities, or costs (including legal fees) resulting directly or indirectly out of, or otherwise arising in connection with, any allegation, claim, suit, or other proceeding based upon a claim that your use of Varnet, Inc.'s Internet Service or use by a third party infringes the copyright, patent, trademark, trade secret, confidentiality, privacy, or other industrial or intellectual property rights, proprietary rights, or contractual rights of any third party.
10. Indemnification. You agree that upon request by Varnet, Inc. you will defend, indemnify, and hold harmless Varnet, Inc., its officers, directors, agents, employees, and Vendors, from all claims, liabilities, and expenses, including attorneys' fees, that arise from your breach of this Agreement, including without limitation: a. Any breach of this Agreement by you or anyone you permit to use your Varnet, Inc. Internet Service ("Users"); b. Your or any Users' use of Varnet, Inc. Internet Service or the Internet for the placement or transmission of any information, software, or other materials on the Internet; c. Your acts or omissions or those of your agents or contractors in connection with, among other things, the installation, maintenance, presence, use, or removal of equipment or software not provided by Varnet, Inc. connected or to be connected to Varnet, Inc. Internet Service; and d. Claims for infringement of any third party proprietary right, including copyright, patent, trade secret, and trademark rights, arising from the use of any services, equipment, or software not provided by Varnet, Inc. Varnet, Inc. reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which Varnet, Inc. is entitled to indemnification hereunder. 11. Termination. a. Your Voluntary Termination 1. Notice Required. In order to
terminate your Varnet, Inc. Internet Service, you must contact Varnet,
Inc. by calling (559) 534-2211 and speaking to one of our Varnet, Inc.
representative; by stopping by our office at 23473 Ave 56, Ducor, CA
93218, or 98890 Kennedy Meadows Rd. Kennedy Meadows, CA., or by
written notice to Varnet, Inc., P.O. Box 700, Ducor, CA. 93218. Upon Varnet,
Inc.'s receipt of notice of termination, and not before, Varnet, Inc. shall
stop charging you for Varnet, Inc. Internet Service. b. Involuntary Termination for Misuse or Nonpayment. In the event Varnet, Inc. exercises its right to terminate Varnet, Inc. Internet Service to you in accordance with the provisions of this Agreement, it may terminate Varnet, Inc. Internet Service with immediate effect without prior notice, and Varnet, Inc. shall not be obligated to refund any prepaid amounts. c. Payment upon Termination. Upon termination of Varnet, Inc. Internet Service for any reason, all charges incurred for Varnet, Inc. Internet Service, together with interest owed for late payments, if any, shall become immediately due and payable, and the provisions of Section 3(e) shall apply as to any amounts not immediately paid and as to costs incurred in collecting such amounts. 12. Entire Agreement. This Agreement contains and refers to the entire agreement of the parties relating to the rights granted and obligations assumed in this Agreement. Any oral representations or modifications concerning this Agreement shall be of no force and effect unless contained in a subsequent written modification signed by both parties to this Agreement or unless modified pursuant to Section 2. 13. Headings. The headings in this Agreement are for convenience of reference only and shall not be given any effect in the interpretation of this Agreement. 14. No Waiver. No course of dealing or failure of either party to enforce strictly any right, term, or condition of this Agreement shall be deemed or construed as a waiver of such right, term, or condition. 15. Severability. If any provision
of this Agreement is held by a court or regulatory agency of competent
jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement
shall remain in full force and effect. VARNET, INC. INTERNET PROVIDER DSL INTERNET SERVICE ADDENDUM16. DSL Service. This Addendum modifies and expands the Varnet, Inc. Internet Provider Internet Service Agreement and governs the terms and conditions under which Varnet, Inc. provides DSL Internet access service to its customers ("Varnet, Inc. DSL Internet Service"). By making use of Varnet, Inc. DSL Internet Service, you agree to the terms and conditions of the Varnet Internet Provider Internet Service Agreement as modified by this Addendum. For subscribers to Varnet, Inc. DSL Internet Service, "this Agreement," as used in the Internet Service Agreement and in this Addendum, means said agreement as supplemented and modified by this Addendum. 17. Changes in Terms. Varnet, Inc. may change the provisions of this Addendum on not less than ten days' written notice by email or by United States mail (except as otherwise provided in the Optional Annual Plan Provisions below, if applicable). Your use of Varnet, Inc. DSL Internet Service after the effective date of any change in this Addendum shall constitute your acceptance of and agreement to such change.
18. Early Termination. The provisions of Section 11 shall apply, except that, if you sign the Optional Annual Plan Provisions at the end of this Addendum in order to receive a lower monthly rate, you will be charged a fixed early termination fee as provided in the Optional Annual Plan Provisions. 19. Equipment. a. Minimum System Requirements. In order to run Varnet, Inc. DSL Internet Service, your computer must meet the minimum specifications set forth in Exhibit A at the end of this Addendum. In addition, successful installation requires that you have your original copy of your operating system software on CD-ROM, diskette, or other medium. You represent and warrant that you meet these requirements. b. DSL Router. You must connect a DSL router to your computer in order to use the Varnet, Inc. DSL Internet Service. Varnet, Inc. will provide and install a loaned DSL router approved by Varnet, Inc. during the installation. This DSL router needs to be returned to Varnet, Inc. after termination of services provided by Varnet, Inc. c. Equipment Compatibility. You shall be solely responsible for the installation, operation, maintenance, use, and compatibility (with Varnet, Inc. DSL Internet Service) of your computer system and related equipment and any DSL-related equipment or software not provided by Varnet, Inc. In the event that your equipment or software not provided by Varnet, Inc. impairs your use of Varnet, Inc. DSL Internet Service, (i) you shall nonetheless be liable for payment of all Varnet, Inc. DSL Internet Service charges; and (ii) Varnet, Inc. shall not be responsible for meeting any service specifications or performance levels generally applicable to the Varnet, Inc. DSL Internet Service. d. Equipment Furnished by Varnet, Inc.; Limited Warranty. Varnet, Inc. shall not be responsible for the ongoing operation of the DSL router or other equipment furnished by Varnet, Inc., and Varnet, Inc. shall have no obligation to maintain such equipment, nor any obligation to secure maintenance services on your behalf. All equipment purchased from Varnet, Inc. is subject to the terms and conditions set forth in the manufacturer's warranty or end-user license packaged with such equipment. Varnet, Inc. makes no representations or warranties, express or implied, regarding such equipment. 20. Varnet, Inc. DSL Service Availability. a. Geographic Availability. You acknowledge that Varnet, Inc. DSL Service may not be available on your telephone line, even though the preliminary telephone number check conducted when you placed your order indicated that the service is available in your geographical area. Due to the nature of the DSL service technology, Varnet, Inc. reserves the right to terminate this Agreement without liability to you if Varnet, Inc. at any time is not able to provide, repair, or maintain Varnet, Inc. DSL Internet Service to your premises; provided, however, that Varnet, Inc. shall refund any pre-paid charges for the Varnet, Inc. DSL Internet Service that it terminates. b. Circuit Speed. Below is a representation of the actual speeds achieved by Varnet, Inc. as indicated by speedtest.net. Varnet, Inc. will attempt to deliver the speeds which you have signed up for. However, sometimes, due to conditions out of our control; internet congestion, malware, spyware, virus, line condition, site integrity and the like, may cause your connection to be slower than you expect. Varnet will attempt to remedy any speed issues that you may have but in no way implies that you will get the full bandwidth for which you have applied.
21. Telephone Service. a. Existing Line. Varnet, Inc. shall provide Varnet, Inc. DSL Internet Service over your existing telephone line. Varnet, Inc. and its agents, contractors, and representatives shall have no liability for interference with or degradation of telephone service on your line. b. 911 Service. You shall instruct everyone in your household to use the telephone and not your computer to call 911 for emergency help. Your computer, even with voice communication, will not deliver necessary emergency information to the 911 dispatcher. c. Local and Toll Carrier Charges. This DSL Addendum in no way changes or supersedes your relationship with your current provider(s) of local and long-distance telephone service. You will continue to be charged separately for those telephone services. 22. Limited Warranty. a. The actual transmission speeds you experience using Varnet, Inc. DSL Internet Service may vary from the transmission speeds that you might expect, due to such factors as the length and gauge of the telecommunications line serving your premises and other operational characteristics of the facilities and equipment used for the Varnet, Inc. DSL Internet Service. Speed also depends on the bottlenecks experienced upon the wider network architecture of the Internet itself. For these reasons, Varnet, Inc. does not guarantee that you will experience any particular performance level (throughput speed). b. However, Varnet, Inc. shall make every commercially reasonable effort to deliver to you the highest possible quality of DSL service. c. This limited warranty does not apply (i) to issues involving your computer or software; (ii) if your equipment has been subjected to unusual physical or electrical stress, misuse, neglect, accident, or abuse, or damaged by any other external cause; or (iii) any person other than Varnet, Inc. or its contractor has installed the Varnet, Inc. DSL Internet Service and related equipment. d. This limited warranty shall be in lieu of all other express or implied warranties, including without limitation, warranties of merchantability and fitness for a particular purpose. 23. Activation at Fixed-location. Varnet, Inc. DSL Internet Service requires a technical activation on your telephone line. Varnet, Inc. shall, at a time mutually agreed, install the necessary equipment at your premises and shall test the circuit at the telephone jack you intend to use for Varnet, Inc. DSL Internet Service. The service may not be moved to a different location (even if the telephone number remains the same) or a different telephone number without payment of a new activation fee and any applicable charge for early termination. Transferring the service to a different place within a location may require further activation work by Varnet, Inc. or its agents, contractors, or representatives, at additional cost. If you change premises, you shall notify Varnet, Inc., pursuant to the provisions of Section 11 of this Agreement, to terminate your service. 24. Installation by Varnet, Inc. a. Back-Up Requirements. The installation, use, inspection, maintenance, repair, and removal of the DSL equipment may result in service outage or potential damage to your computer. You are solely responsible for backing-up all existing computer files by copying them to another storage medium prior to installation of the DSL equipment, and prior to any inspection, maintenance, repair, or removal of the DSL equipment. b. Access; File Modification. If you request Varnet, Inc. to install Varnet, Inc. DSL Internet Service, you authorize Varnet, Inc. to enter your premises at a mutually agreed time, open your computer, install hardware and software, re-boot the system, test the service, and perform similar functions necessary for a successful installation. As part of the installation process for the DSL software, as when most software is installed on a computer, system files on your computer, such as INI, BAT, SYS, and DLL files, may be modified or deleted. Varnet, Inc. does not represent, warrant, nor covenant that such modifications or deletions will not disrupt the normal operations of your computer. c. Limitation of Liability. Varnet, Inc. and its employees, agents, contractors, and representatives shall have no liability whatsoever for any (i) damage to or loss or destruction of your software, files, or data arising out of installation by Varnet, Inc.; or (ii) damage to your computer or peripheral equipment caused by Varnet, Inc. in the course of installation, other than the cost to repair or replace such hardware; or (iii) disruption of your normal telephone service during the installation process; or (iv) impacts upon or loss of any computer or software vendor warranty relating to the opening of your computer in the course of installation. 25. Installation by You or Others. Varnet, Inc. does not represent, warrant, or covenant that installation by you or a third party chosen by you will enable you to successfully access, operate, or use Varnet, Inc. DSL Internet service. 26. Appropriate Use. Varnet, Inc. reserves the right to terminate your Varnet, Inc. DSL Internet Service immediately without notice if, in Varnet, Inc.'s sole discretion, you do not use Varnet, Inc. DSL Internet Service in an appropriate and lawful manner. You agree not to use or to allow others to use Varnet, Inc. DSL Internet Service, directly or indirectly, to: a. Violate any of the provisions of Section 5 of this Agreement; or b. Disrupt, abuse, or cause degradation of service in the Varnet, Inc.'s backbone network nodes or network services or the network nodes of other Varnet.net users; or c. Resell the Varnet, Inc. DSL Internet Service, or bandwidth, or use the service for operation of an Internet service provider business or for any other business enterprise in competition with Varnet, Inc. (except with the prior written approval of Varnet, Inc. and compliance with all conditions imposed by Varnet, Inc. for granting such approval); or d. Redistribute your residential Varnet, Inc. DSL Internet Service to anyone not a member of your household or redistribute your business Varnet, Inc. DSL Internet Service to anyone not working for your business as an employee or contractor. e. Access any computer, software, data, or any confidential, copyright-protected, or patent-protected material of any other person, without the knowledge and consent of such person. If you engage in any of these activities, Varnet, Inc. may immediately terminate your Varnet, Inc. DSL internet Service. This Section 26 shall not in any way limit Varnet, Inc.'s rights of termination pursuant to Section 11 of this Agreement.
27. Security. a. Firewall, Anti-virus Recommended. It is your responsibility to safeguard your computer system, through appropriate means (e.g., using commercially available software or hardware) from theft, unauthorized use, or system corruption. If you fail to secure your system properly and that causes any detriment to the network, Varnet, Inc. may immediately terminate your Varnet, Inc. DSL Internet Service. Varnet, Inc. HIGHLY recommends that you purchase and install a commercial firewall package and anti-virus package. Varnet, Inc. shall have no liability whatsoever for any claims, losses, actions, damages, suits, or proceedings resulting from or arising out of or otherwise relating to your failure to safeguard the security of your system, software, and data. b. FTP/HTTP Server Setup. Certain applications that you may use will, by their nature, permit other Internet users to gain access to your computer. These applications include, for example, your use of your computer as a server to allow others to download files using FTP or to access content you placed on a Web site using HTTP. You are permitted to run such applications for your personal use and within the limitations of Sections 5 and 26 of this Agreement, provided that you take the appropriate security measures and you assume all risk of security breaches such as those described in Section 27(a) above. Varnet, Inc. shall have no liability whatsoever for any claims, losses, actions, damages, suits, or proceedings resulting from or arising out of or otherwise relating to your use of such applications, including, without limitation, damages resulting from other Internet users' having access to your computer. 28. Limitation of Liability for Equipment. a. Varnet, Inc. shall not be liable for any direct, special, indirect, or consequential damages, including without limitation loss of anticipated profits or other economic loss, personal injuries, or property damage, for defective equipment provided by Varnet, Inc. b. Your sole remedy in the event of any defective equipment shall be to seek redress from the manufacturer in accordance with the terms and conditions set forth in such manufacturer's warranty or end-user license packaged with such equipment. Do not ship defective equipment to Varnet, Inc. Any equipment Varnet, Inc. delivers to you hereunder may have additional restrictions on its use required by the manufacturer. You are solely responsible for adhering to any and all such restrictions and requirements. 29. Internet Protocol Address. You shall have no ownership interest in any Internet Protocol address provided by Varnet, Inc. Varnet, Inc. shall retain ownership of all such addresses and, upon termination of this Agreement, you shall no longer have access to or use of any such address. VARNET,INC. INTERNET PROVIDER ANNUAL PLAN PROVISIONS (OPTIONAL) 30. In order to qualify for the chosen monthly rate for Varnet, Inc. DSL Internet Service, you agree to continue the service for at least twelve (12) months and, in case you terminate your agreement sooner than twelve (12) months, you agree to pay Varnet, Inc. a fixed early termination fee of $250.00. *Change only applies to agreements signed on or after August 06, 2009. All others will be responsible for only the amount listed on the signed Terms on the conception date of your contract. 31. After you have completed the initial one-year period, your service will be month-to-month, with no further early termination penalty. 32. The monthly rate in effect at the signing of this agreement shall remain fixed for the initial one-year term, but may thereafter be changed by Varnet, Inc. to the rate being charged new customers enrolling in the annual plan.
VARNET, INC. INTERNET PROVIDER DSL INTERNET SERVICE ADDENDUM RECOMMENDED MINIMUM SYSTEM REQUIREMENTS
Internet HTML 4.01 compatible browser such as Your computer and or software vendors Minimum recommended RAM Installed Ethernet network interface card with RJ45 connector Laptops must already have an installed Ethernet Network Interface Card with RJ45 connector
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