Internet Access Services
ACE INNOVATIVE NETWORKS, INC.
General Access Terms of Services
I. Acceptance of Terms
I UNDERSTAND THAT IN ORDER TO OBTAIN SERVICE FROM ACE INNOVATIVE NETWORKS, INC. ("ACE"), I MUST READ THIS GENERAL ACCESS TERMS OF SERVICE (THE "AGREEMENT") CAREFULLY AND ACCEPT THE TERMS OF THIS AGREEMENT BY CLICKING ON THE BUTTON BELOW MARKED "I ACCEPT". I UNDERSTAND THAT BY CLICKING ON THE "I ACCEPT" BUTTON OR USING ANY OF ACE'S SERVICES, INCLUDING, WITHOUT LIMITATION, THE ACE SERVICES, WEBSITE HOSTING OR EMAIL SERVICES (COLLECTIVELY, THE "SERVICE" OR "SERVICES"), I ACKNOWLEDGE THAT I HAVE READ THIS AGREEMENT, WHICH CONSTITUTES A CONTRACTUAL AGREEMENT BETWEEN MYSELF AND ACE, AND THAT I AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS SET FORTH HEREIN.
I UNDERSTAND THAT IF I DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, I MUST CLICK ON THE "I DECLINE" BUTTON, IN WHICH CASE, MY ACE ACCOUNT WILL NOT BE ACTIVATED.
UNLESS "EXHIBIT A" ATTACHED OR REFERENCED HERETO STIPULATES A PREDETERMINED TERM COMMITMENT, IF AT ANY TIME I WISH TO TERMINATE MY SERVICE WITH ACE, I MAY DO SO, UPON THIRTY (30) DAYS' NOTICE, BY SENDING NOTICE OF MY INTENTION TO DO SO TO ACE BY E-MAIL TO firstname.lastname@example.org, WITH A COPY SENT BY FIRST-CLASS, POSTAGE PREPAID MAIL TO:
ACE Innovative Networks, Inc.
101 West 23rd St, Suite 194
New York, NY, 10011
SUCH TERMINATION WILL THEN BE EFFECTIVE AS OF THE THIRTIETH (30TH) DAY AFTER THE DATE SUCH NOTICE IS PROPERLY SENT TO ACE BY E-MAIL.IN THE EVENT THAT "EXHIBIT A" ATTACHED OR REFERENCED HERETO STIPULATES A PREDETERMINED TERM COMMITMENT, A TERMINATION FEE EQUIVALENT TO ONE MONTHLY RECURRING CHARGE (MRC) SHALL BE DUE AND PAYABLE UPON RECEIPT OF NOTICE TO TERMINATE. IN ADDITION, SUCH TERMINATION WILL THEN BE EFFECTIVE AS OF THE THIRTIETH (30TH) DAY AFTER THE DATE SUCH NOTICE IS PROPERLY SENT TO ACE BY E-MAIL.
THE TERMS "I", "ME", "MY" OR "MYSELF", AS USED HEREIN, SHALL REFER TO THE AUTHORIZED ACE USER, AND WHERE APPROPRIATE, SHALL BE DEEMED TO REFER AND APPLY TO BUSINESS ENTITIES, THEIR EMPLOYEES, OFFICERS, SUCCESSORS AND ASSIGNS [SEE SECTION III.A (i) BELOW] OR SUCH OTHER GROUP ACCOUNTS AS MAY BE APPROVED BY ACE TO RECEIVE THE SERVICES.
II. Provision of Service
I understand and hereby agree that, subject to the terms and conditions of this Agreement, ACE shall provide me with certain Internet access and Website hosting services. I understand the terms set forth herein may be updated by ACE from time to time and without notice to me. I am aware that I can always review the most current version of this Agreement at any time at: http://www.aceinnovative.com/Agreement.html.
A. User Responsibilities and Service Requirements
I understand that availability of certain Services is dependent upon availability of services on my telephone line. I also understand that my local telephone company provides connection to ACE's Network and that ACE provides no warranties to me whatsoever as to availability of service on my telephone line at any point in time, including my scheduled activation date. [Please see Section V Limitation of Liability below]
I understand that am solely responsible for providing, installing and setting up all computer hardware, telecommunications equipment, and software required to use the Services. In order to use the Services, I understand that I must own or purchase a compatible modem and maintain an active telephone line with my local telephone company.
III. Terms and Conditions
A. Accuracy of Information
All of the information that I have provided or will provide to ACE, including information that I provided when ordering Services, is true and accurate in all respects and I will update this information throughout the term of this Agreement [by mailing such updated information to the following address together with my name and ACE Client Identification Number] so as to ensure its complete and continued accuracy: 101 West 23rd St, Suite 194, New York, NY, 10011. I UNDERSTAND THAT THIS OFFER IS ONLY OPEN TO UNITED STATES RESIDENTS, 18 YEARS OF AGE OR OLDER, AND HEREBY REPRESENT THAT I MEET THESE REQUIREMENTS. If completing this application on behalf of a business entity, I hereby warrant and represent to ACE that I have the express authority to contract on behalf of said business entity and to bind the business, its employees and officers to the terms set forth herein.
B. Content of Websites
I am solely responsible for the content of any Website which ACE hosts for me and the communications that take place through the Services. I hereby acknowledge that ACE acts ONLY as a passive conduit for my online distribution and publication of such content and is not responsible for monitoring the content disseminated by any of ACE's customers. ACE reserves the right to remove from the Services any information, including but not limited to text, images, and links to other Websites, which ACE believes, in its sole discretion, may infringe upon the intellectual property rights of ACE or third parties, be illegal, inappropriate or may create liability for ACE for any reason. ACE reserves the right, in its sole discretion, to limit the amount of storage space available to me or to delete materials stored for an excessive period while my account has been inactive.
I agree not to share passwords or accounts with other individuals (except when using one connection for multiple computers within LAN or household). I understand that I am solely responsible for maintaining the confidentiality of my password(s) and account(s), and I am fully responsible for all activities that occur under my password or account. I agree to immediately notify ACE of any unauthorized use of my password or account or any other security breach. I understand that ACE shall provide me with a new password upon reporting a breach in the security of my account. ACE cannot and will not be liable for any loss or damage arising from my failure to comply with this Section III.C.
D. System Security
I understand and agree that I am prohibited from utilizing ACE's services to compromise the security or tamper with system resources or accounts on any of computers, routers, servers, modems, or any other equipment belonging to ACE, its clients, or to unrelated third parties. I covenant not to interfere with the operations of the Services, whether intentionally, negligently or otherwise, including, without limitation: (i) accessing any data, servers or accounts which I am not authorized to access; (ii) attempting to test the vulnerability or breach the security or authentication measures of any system, network or computer; (iii) attempting to interfere with Service to any other user, host or network. I understand that I am prohibited from distribution of tools designed to compromise security of any systems or networks. Examples of such tools include, but are not limited to, password guessing programs, cracking tools or network probing tools. I agree that ACE reserves the right to release my name to system administrators at other sites or law enforcement authorities in order to assist them in resolving security incidents in the event that I or those who access ACE's services through my account are involved in violation of System Security. I understand that my violation of this Section III.D may result in the suspension or termination of my account, at ACE s sole discretion.
E. Resale of Services Prohibited
In conjunction with the terms of Section III.C, above, I agree not to resell any of the Services provided hereunder or the passwords thereto.
F. Intellectual Property Rights Infringements Prohibited
ACE respects the intellectual property rights of others, and reserves the right to suspend or terminate my account or any Services provided to me hereunder if I use the Services to infringe upon the copyright, trademark or other intellectual property rights of ACE or third parties.
IV. Billing Policies
I agree and assume full responsibility for making, in advance, timely full monthly payments for ACE services.
A. Acceptable Forms of Payment
A valid credit card account is required to place an order for ACE service. By submitting credit card information during my subscription process, I warrant and represent that I have the authority to use such credit card account and expressly authorize ACE to bill my credit card account periodically for all applicable services including, but not limited to, hardware that I purchase, monthly access fees, sales tax, shipping fees, late payments and other applicable charges. I understand that all charges are considered valid unless disputed, in writing, to ACE within thirty (30) calendar days after the date on which such charge has been posted to my credit card account.
I understand and agree that ACE shall not be responsible for any charges or expenses that I may incur resulting from overdrawing my bank account or exceeding my credit card limit as a result of a charge generated by ACE pursuant to this authority.
I understand and agree that a credit card is the ONLY acceptable form of payment for any residential ACE account. ACE business accounts may switch to receiving monthly statements after the second billing cycle, which statements will be due upon receipt.
B. Commencement of Charges
I understand that I will not be charged for ACE Services until my connection is available on my telephone line, provided, however, that if I fail to report to ACE, within one week after my scheduled activation date, that my connection is not available on my telephone line, then regardless of whether my connection is actually functioning, my ACE account will be charged in full for ACE Services from and after the scheduled activation date, unless and until such time as charges for ACE Services may be abated pursuant to the provisions of IV.C of this Agreement.
C. Downtime Reimbursement
A proportionate downtime credit will be issued to my account for interruption of Service caused by ACE, provided that I report such interruption of Service to ACE and such interruption continues for seventy-two (72) consecutive hours or longer after the time such interruption is reported to ACE customer service. No downtime credit will be issued for non-reported Service interruptions or Service interruptions created through no fault of ACE. To report a DSL outage, I must contact ACE customer service by telephone at the number which will be supplied to me during my account activation process.
D. Cost of Collection
In the event that I fail to pay the charges incurred under this Agreement or charges due for merchandise purchased from ACE, I hereby agree to pay the costs incurred by ACE to collect such outstanding charges, including, without limitation, interest on the outstanding amount at a rate of one and one-half (1.5%) percent per month, or such lower amount as may be deemed the highest lawful rate of interest allowable under the laws of the State of New York, and attorney's fees.
V. Limitation of Liability
I HEREBY WAIVE, AND RELEASE AND DISCHARGE ACE FROM, NY AND CLAIMS AND LIABILITY ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT AND THE SERVICES TO BE PROVIDED HEREUNDER, AND AGREE THAT I SHALL MAKE NO CLAIM AGAINST ACE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR OTHER LIABILITY FOR ANY MATTERS ARISING OUT OF THIS AGREEMENT OR ITS TERMINATION, MY WEBSITE, MY USE OF THE SERVICES OR MY OTHER ACTIVITIES IN CONNECTION HEREWITH. I UNDERSTAND AND ACCEPT THAT ACE SPECIFICALLY DISCLAIMS ANY AND ALL LIABILITY FOR LOSSES RESULTING FROM SYSTEM FAILURE OR SERVICE INTERRUPTION. I UNDERSTAND THAT SERVICE MAY BE INTERRUPTED AND THAT SUCH INTERRUPTION MAY RESULT IN THE LOSS OF WEBSITE CONTENT, E-MAIL TRANSMISSIONS AND/OR OTHER PROBLEMS. ACE WILL MAKE REASONABLE EFFORT TO PREVENT SUCH INTERRUPTION AND/OR REPAIR LOSSES RESULTING FROM SYSTEM FAILURE, TO THE EXTENT THAT THE SAME IS WITHIN ITS CONTROL, HOWEVER, I AGREE THAT IN NO EVENT SHALL ACE, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUBSIDIARIES OR AFFILIATES BE LIABLE FOR DAMAGES OF ANY KIND IN EXCESS OF ONE ($1.00) DOLLAR.
I UNDERSTAND THAT ACE DOES NOT AND CANNOT CONTROL THE FLOW OF IMAGES AND INFORMATION TO OR FROM ITS NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT MY CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). ACE CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, ACE DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS. I UNDERSTAND THAT IN NO EVENT SHALL ACE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, MONETARY LOSS, ARISING OUT OF VIOLATIONS OF THIS AGREEMENT OR MY USE OF OR INABILITY TO USE ACE'S SERVICES AT ANY TIME.
VI. IndemnityI hereby agree to indemnify and hold ACE, its officers, directors, shareholders, employees, agents, subsidiaries and affiliates harmless from and against any and all claims, damage, loss, liability, costs and expenses, including, but not limited to, attorneys' fees, in any way related to or arising out of any violation of this Agreement on my part, or on the part of those who access ACE's Services or the Internet through my ACE account, including, but not limited to, unlawful behavior or the infringement of any intellectual property of a third party. I agree that under no circumstance can I sue or recover damages from ACE as a result of ACE's decision to alter the scope of its services, suspend or terminate my account or take any other action during the investigation of a suspected violation of this Agreement or as a result of ACE's conclusion that a violation has occurred.
VII. Warranty Disclaimer
I ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF ACE SERVICES AND THE INTERNET BY ME AND THOSE INDIVIDUALS WHO ACCESS ACE'S SERVICES THROUGH MY ACCOUNT.
I UNDERSTAND THAT ACE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THAT ACE DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR FREE OF DEGRADATION OR ERROR. I ALSO UNDERSTAND THAT ACE DOES NOT WARRANT THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIALS AVAILABLE ON THE INTERNET AND ACCESSIBLE VIA ACE IS FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS.
I UNDERSTAND THAT ACE MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED BY OR THROUGH ACE OR ON THE INTERNET GENERALLY. ACE MAKES NO REPRESENTATIONS AS TO THE ACTUAL SPEED OF THE CONNECTION ON MY TELEPHONE LINES, AND SPECIFICALLY DISCLAIMS ANY WARRANTIES OR REPRESENTATIONS TO THE CONTRARY.
I UNDERSTAND THAT THE VOLUME OF USERS AT MY LOCATION CAN AND DOES IMPACT THE SPEED OF SERVICE.
I ACKNOWLEDGE THAT NO ADVICE OR INFORMATION GIVEN BY ACE, ITS EMPLOYEES, AFFILIATES OR CONTRACTORS SHALL CREATE SUCH WARRANTY.
VIII. Termination of Services
I understand that ACE reserves the right to terminate my account at any time, for reasons including, but not limited to, my failure to abide by the terms of this Agreement or my failure to pay any fees or charges when due, or for any other reason deemed appropriate, at ACE's sole discretion.
In the event that my account is inactivated for cause, I may be required to pay re-connection charges and a prepaid deposit in order to re-activate my account. I understand that any information stored on ACE's servers will be deleted upon inactivation. I understand that violation of certain generally accepted guidelines on Internet usage, such as restrictions on mass e-mail and mass advertising, or mass posting to news groups, may cause severe operating difficulties for ACE, and would constitute valid and good cause for the termination of my account.
IX. Law and Jurisdiction
I understand and agree that the laws of the State of New York shall govern this Service Agreement, the interpretation and enforcement of the terms contained herein, and my ACE account. I expressly agree that exclusive jurisdiction for any claim or dispute with ACE or relating in any way to this Agreement, my account or my use of ACE's services, shall be in the Courts of the State of New York venued in New York County. I further agree and expressly consent to personal jurisdiction in the Courts of the State of New York in connection with any such dispute, including, but not limited to, any claim involving this Agreement or ACE, its officers, directors, shareholders, employees, agents, subsidiaries and affiliates. I agree that no claim arising out of or in connection with this Agreement or the Services provided by ACE may be brought by me more than one (1) year after the event(s) giving rise to such claim(s).
I understand that this Agreement constitutes the entire agreement of the parties regarding the subject matter hereof. This Agreement supercedes any prior agreement(s) between myself and ACE. I further understand that no terms, representations or promises, written or oral, shall be binding upon the parties hereto, unless explicitly set forth in this Agreement.
I agree that this Agreement may not be assigned or otherwise transferred in any manner, whether by operation or law or otherwise, by me without ACE's prior written consent in each instance, which consent may be withheld for any reason or no reason at all.
ACE Innovative Networks, Inc. never sells or otherwise distributes customer lists or personal information provided to ACE by our users.
THIS FORM IS A BINDING CONTRACT: You must maintain a printed copy of this page for future reference.