InterMind
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InterMind
Corp. ("InterMind") is pleased to provide you ("Customer")
with Digital Subscriber Line (DSL) Internet access
services over telephone line via a DSL modem (the
"Services") on the terms and conditions set forth
below. Please carefully read and review the terms
and conditions of this Agreement before using the
equipment (AS DEFINED IN SECTION 3 BELOW) or THE
Services. By USING THE EQUIPMENT OR THE SERVICES,
you are becoming a party to and agree to be bound
by this agreement. IN ADDITION, YOUR USE OF THE
SERVICES IS SUBJECT TO THE THEN-CURRENT InterMind
INTERNET SERVICE AGREEMENT (SEE SECTION 7(a) BELOW)
and all license agreements in connection with the
software supplied to you by InterMind.
- Telephone
Service
(a) Computer Equipment Requirement. InterMind
or its agent or contractor has provided Customer
with materials which set forth the minimum hardware
and operating system requirements necessary to
use the Services. Customer represents and agrees
that Customer has reviewed those materials and
that the computer in which the Equipment will
be installed meets these minimum computer requirements.
Further, Customer understands that he or she must
possess original (or equivalent) media (CD, disk,
etc.) for the Operating System in order for an
installation to be successful.
(b) Back-Up Requirements. The installation, use,
inspection, maintenance, repair and removal of
the Equipment may result in service outage or
potential damage to Customer's computer. Customer
acknowledges and agrees that Customer is solely
responsible for backing-up all existing computer
files by copying them to another storage medium
prior to installation of the Equipment, and prior
to any inspection, maintenance, repair or removal
of the Equipment. InterMind and its employees,
agents, contractors and representatives shall
have no liability whatsoever for any damage to
or loss or destruction of any of Customer's software,
files, data or peripherals.
- Access
And Authorization
If Customer chooses to have InterMind install
the service (or is in an area where the self-install
option is not available), Customer authorizes
InterMind and its employees, agents, contractors
and representatives to enter Customer's premises
in order to install, maintain, inspect, repair
and remove the Equipment. All such services will
be conducted at a time mutually agreed to by InterMind
and Customer. Customer authorizes InterMind to
work with providers of telephone infrastructure
to provision DSL service to the phone number indicated
on the order. Customer is responsible for cancellation
of any previous high-speed Internet access service
using the same infrastructure.
- Equipment
Provided
InterMind or its agent or contractor may provide
Customer with an outlet (if required), a DSL modem,
a network interface card (for desktop systems
Only, we do not provide network interface cards
for laptop computers) and certain software (collectively,
the "Equipment"). InterMind will also provide
a user manual and instructions on the use of the
Equipment and the Services. The Equipment provided
by InterMind, when properly installed in Customer's
computer, will allow Customer to access and use
the Services.
- Installation
(a) Computer Equipment Requirement. InterMind
or its agent or contractor has provided Customer
with materials which set forth the minimum hardware
and operating system requirements necessary to
use the Services. Customer represents and agrees
that Customer has reviewed those materials and
that the computer in which the Equipment will
be installed meets these minimum computer requirements.
Further, Customer understands that he or she must
possess original (or equivalent) media (CD, disk,
etc.) for the Operating System in order for an
installation to be successful.
(b) Back-Up Requirements. The installation, use,
inspection, maintenance, repair and removal of
the Equipment may result in service outage or
potential damage to Customer's computer. Customer
acknowledges and agrees that Customer is solely
responsible for backing-up all existing computer
files by copying them to another storage medium
prior to installation of the Equipment, and prior
to any inspection, maintenance, repair or removal
of the Equipment. InterMind and its employees,
agents, contractors and representatives shall
have no liability whatsoever for any damage to
or loss or destruction of any of Customer's software,
files, data or peripherals.
(c) Access; File Modification. In order to install
the Equipment, it may be necessary to open Customer's
computer. In addition, as part of the installation
process for the software, as when most software
is installed on a computer, system files on Customer's
computer, such as INI, BAT, SYS and DLL files,
may be modified or deleted. InterMind does not
represent, warrant, nor covenant that such modifications
or deletions will not disrupt the normal operations
of Customer's computer, and InterMind and its
agents and contractors shall have no liability
whatsoever for any damages resulting from the
modifications or deletions.
(d) Full Installation. If Customer chooses to
have InterMind install the service, (or is in
an area where the self-install option is not available),
the Customer agrees to permit InterMind to open
Customer's computer in order to install the Equipment.
InterMind or its agent or contractor shall use
reasonable efforts to install the Equipment to
full operational status.
(e) Computer Warranty. Customer assumes responsibility
for impacts to or loss of any warranty associated
with the opening of Customer's computer for installation
of an internal card or DSL modem.
(f) Self-Installation. At InterMind's sole option,
InterMind may permit Customer to perform installation
of the Equipment by Customer or have installation
performed by a third party selected by Customer.
In such case, InterMind or its agent or contractor
shall supply the DSL modem, a network interface
card (if required), and limited quantities of
telephone wiring supplies.
InterMind DOES NOT REPRESENT, WARRANT OR COVENANT
THAT INSTALLATION BY CUSTOMER OR A THIRD PARTY
CHOSEN BY CUSTOMER WILL ENABLE CUSTOMER TO SUCCESSFULLY
ACCESS, OPERATE OR USE THE SERVICES, NOR THAT
SUCH INSTALLATION WILL NOT CAUSE DAMAGE TO CUSTOMER'S
COMPUTER, DATA, SOFTWARE, FILES OR PERIPHERALS.
IN ADDTION, InterMind AND ITS AGENTS AND CONTRACTORS
SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE,
OR FOR THE FAILURE TO PROPERLY INSTALL, ACCESS,
USE OR OPERATE THE EQUIPMENT OR SERVICES BY ANY
CUSTOMER WHO CHOSES THIS METHOD OF INSTALLATION.
THE FOREGOING LIMITATION OF LIABILITY IS IN ADDITION
TO AND SHALL IN NO WAY BE CONSTRUED TO LIMIT ANY
AND ALL LIMITATIONS OF LIABILITY SET FORTH ELSEWHERE
IN THIS AGREEMENT.
- Fixed
Location Service
Customer acknowledges that this is a fixed-location
service and may not be moved to a different residence
(even if the phone number remains the same) or
a different phone number without payment of the
new connection fees and the early cancellation
charge, if applicable. If Customer moves residences,
Customer shall notify InterMind that this Agreement
shall be terminated and the provisions of Section
12 (including Customer's obligations under Section
12(b)) shall apply to such termination. In all
cases Customer shall notify InterMind as provided
in Section 13.
- Payment
Terms
(a) Agreement to Pay. Customer agrees to pay the
monthly charges and other fees, including applicable
taxes, for the Equipment and Services as established
from time to time by InterMind. Current charges
are set forth in Attachment A to this Agreement
and are subject to change as specified in Section
6 (c) below.
(b) Payment Methods. Customer agrees to maintain
a valid credit card on file with InterMind against
which charges can be made. Customer agrees to
provide updated credit card information to InterMind
in the event of expiration or cancellation of
the card on file.
(c) Price Changes. Customer acknowledges and agrees
that InterMind has the right to change its charges
at any time subject to applicable law and upon
notice to Customer.
(d) Customer Charges. Customer acknowledges that
Customer may incur charges while using the Services.
For example, charges may be incurred as a result
of accessing certain information, or purchasing
or subscribing to certain offerings, via the Internet.
Customer agrees that all charges, including all
applicable taxes, shall be paid by Customer and
are not the responsibility of InterMind.
- Use
Of The Services
(a) Other Agreements. Customer acknowledges and
agrees that the Services are for personal use
only, and use of the Services is subject to the
terms and conditions of InterMind's then-current
subscriber Internet Service Agreement and InterMind's
then-current Acceptable Use Policy (each of which
can be found linked from the InterMind Home Page
at http://www.InterMind.net on the World Wide
Web), as well as the license agreements associated
with the software provided by InterMind. InterMind
reserves the right to change its subscriber Internet
Service Agreement and Acceptable Use Policy at
any time.
(b) No InterMind Liability for Content. Customer
acknowledges that there is content on the Internet
or otherwise available through the Services which
may be offensive, or which may not be in compliance
with all local laws, regulations and other rules.
For example, it is possible through the use of
the Services to obtain access to content which
is pornographic, obscene, or otherwise inappropriate
or offensive, particularly for children. InterMind
assumes no responsibility for and exercises no
control over the content contained on the Internet
or otherwise available through the Services. In
particular and without limiting the generality
of the foregoing, InterMind neither censors nor
monitors the legality of any such content. All
content accessed or received by Customer through
the Services is accessed and used by Customer
at Customer's own risk, and InterMind and its
employees, agents, contractors and representatives
shall have no liability whatsoever for any claims,
losses, actions, damages, suits or proceedings
arising out of or otherwise relating to the access
to or the receipt of such content by Customer.
(c) InterMind Content Rights. InterMind has no
obligation to monitor the Services content. However,
Customer acknowledges and agrees the InterMind
has the right to monitor content electronically
from time to time and to disclose any information
as necessary to satisfy any law, regulation or
other governmental request, to operate the Services
properly or to protect itself or its subscribers.
InterMind reserves the right to post or to remove
any information or materials, in whole or in part,
that in its sole discretion, are unacceptable,
undesirable, or in violation of this Agreement.
- Limited
Warranty
ALL EQUIPMENT AND SERVICES ARE PROVIDED BY InterMind
"AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF
ANY KIND. InterMind DOES NOT WARRANT UNINTERRUPTED
USE OR OPERATION OF THE EQUIPMENT OR SERVICES.
InterMind DOES NOT WARRANT THAT ANY DATA OR FILES
SENT BY OR TO CUSTOMER WILL BE TRANSMITTED IN
UNCORRUPTED FORM OR WITHIN A REASONABLE PERIOD
OF TIME. ALL REPRESENTATIONS, WARRANTIES, ENDORSEMENTS
AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION ANY WARRANTIES OF
TITLE OR NONINFRINGMENT, FITNESS FOR A PARTICULAR
PURPOSE, MERCHANTABILITY AND THOSE ARISING FROM
A COURSE OF DEALING OR USAGE OF TRADE, ARE HEREBY
EXCLUDED. Certain Equipment may be subject to
third party warranties which may be passed through
InterMind to Customer at no additional charge.
InterMind will comply with all reasonable requirements
necessary to effect the pass-through of the warranty
to Customer. At its sole option, InterMind or
its agent may replace defective equipment on behalf
of the manufacturer, provided Customer follows
all applicable procedures and obtains a Return
Materials Authorization (RMA) number.
- Specific
Risks For Which InterMind Shall Have No Liability
(a) Security Breaches. The Internet is a shared
resource among many customers. Because of this,
there is a risk that Customer could be subject
to a variety of security breaches, including but
not limited to eavesdropping and denial of service
attacks. This means that other people may be able
to access, monitor and/or alter Customer's files,
data or other traffic sent or received using the
Services, and/or negatively affect Customer's
ability to use the Services. Any information sent
by Customer over the Services network is sent
at Customer's sole risk, and InterMind shall have
no liability whatsoever for any claims, losses,
actions, damages, suits or proceedings arising
out of or otherwise relating to such actions by
Customer.
(b) FTP/HTTP Server Setup. Customer should also
be aware that when using the computer to access
the Internet or any other on-line network or service
via the Services, there are certain applications,
such as FTP (File Transfer Protocol) server and
HTTP (Hyper Text Transfer Protocol) server, which
may be used to allow other Service users and Internet
users to gain access to Customer's computer. Customer
is permitted to run such applications for Customer's
personal use and within the limitations of Section
7 of this Agreement, provided, however, that Customer
acknowledges and agrees that if Customer chooses
to run such applications, Customer should take
the appropriate security measures and that the
risk of security breaches as described in Section
9(a) of this Agreement may be significantly increased.
InterMind shall have no liability whatsoever for
any claims, losses, actions, damages, suits or
proceedings resulting from or arising out of or
otherwise relating to the use of such applications
by Customer, including, without limitation, damages
resulting from other users accessing Customer's
computer.
- Limitation
Of Liability
InterMind's liability to Customer for direct damages
shall be limited to a maximum of the fees paid
by Customer to InterMind for the Services during
the twelve (12) month period prior to the time
when Customer's claim for direct damages arose;
provided, however, that InterMind shall have no
liability whatsoever for any damage to, loss of,
or destruction of any software, files or data.
In addition, InterMind will not be liable to Customer
or to any third party for:
(a) any indirect, incidental, special, punitive
or consequential losses or damages, including
loss of profits, loss of earnings, loss of business
opportunities and personal injuries (including
death), resulting directly or indirectly out of,
or otherwise arising in connection with, the use
of the Services by Customer or any other use of
the Equipment or Services, including without limitation,
any damage resulting from or arising out of Customer's
reliance on or use of the Equipment or Services,
or the mistakes, omission, interruptions, deletion
of files, errors, defects, delays in operation,
transmissions, or any failure of performance of
the Equipment or Services; and
(b) 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 the
use of the Equipment or Services by Customer or
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.
The foregoing limitation applies to the acts,
omissions, negligence and gross negligence of
InterMind, its officers, employees, agents, contractors
or representatives which, but for this provision,
would give rise to the cause of action against
InterMind in contract, tort or any other legal
doctrine. Customer's sole and exclusive remedies
under this Agreement are as expressly set out
in this Agreement.
- Amendment
Of This Agreement
InterMind may, in its sole discretion, change,
modify, add or remove portions of this Agreement
at anytime. InterMind will provide notice of such
changes to this Agreement to Customer by electronic
mail or postal mail. Customer's continued use
of the Service following notice of such change,
modification or advancement shall be deemed to
be Customer's acceptance of any modification.
If Customer does not agree to any modification
of this Agreement, Customer is terminating this
Agreement in accordance with Section 12(a) of
this Agreement.
- Termination
(a) Termination Rights. Either party may terminate
this Agreement at any time by providing the other
party with no less than twenty-four (24) hours
written notice of such termination.
(b) Minimum Service Agreement. Customer agrees
to maintain the Services for the minimum service
agreement period or pay the applicable early termination
charge. Both the minimum service period and the
early termination charge are included with InterMind
's published rates, and are set forth in Attachment
A.
(c) Customer Obligations Upon Termination. Customer
agrees that upon termination of this Agreement:
(i) Customer will pay InterMind in full for Customer's
use of Services up to the end of the billing cycle
in which the Services have been disconnected;
(ii) Customer will pay an early termination charge,
if applicable; and (iii) Customer will return
or destroy all copies of any software provided
by InterMind pursuant to this Agreement, including
all back-up copies.
- Contact
Address
For any inquiries or notices required in connection
with Agreement Customer should contact InterMind
at the published Customer Service number, or in
writing to InterMind Corp., Customer Service Manager,
5000 West Oakey Blvd. Suite B-5, Las Vegas, NV.
89146.
- Governing
Law
This Agreement, the rights and obligations of
the parties hereto, and any claims or disputes
hereunder, shall be governed by and construed
in accordance with the laws of the State of Nevada
without reference to conflict of law principles.
All disputes arising out of or relating to this
Agreement shall be submitted to the exclusive
jurisdiction of the state and federal courts in
the District of Nevada, and each party irrevocably
consents to such personal jurisdiction and waives
all objections thereto. Customer may not bring
any claim, suit or proceeding more than one (1)
year after the date of the cause of action.
- General
Nothing contained in this Agreement shall be construed
to limit InterMind actions or remedies in any
way, and InterMind reserves at all times all rights
and remedies available to it at law or in equity.
This Agreement constitutes the entire agreement
and understanding between the parties with respect
to the subject matter of this Agreement and supersedes
and replaces any and all prior written or verbal
agreements. In the event that any portion of this
Agreement is held to be unenforceable, the unenforceable
portion shall be construed in accordance with
applicable law as nearly as possible to reflect
the original intentions of the parties and the
remainder of the provisions shall remain in full
force and effect. InterMind's failure to insist
upon or enforce strict performance of any provision
of this Agreement shall not be construed as a
waiver of any provision or right. Neither the
course of conduct between the parties nor trade
practice shall act to modify any provision of
this Agreement. This Agreement may not be assigned
or transferred by Customer. This Agreement may
be assigned or transferred by InterMind without
consent of Customer.
- Schedule
of Minimum Service Requirements and Charges
These
charges are current as of the published date,
but are subject to change at any time, subject
to applicable law and notice to Customer.
(a) Minimum
Service Requirement 1 - year Commitment
Customer agrees to maintain the DSL Services for
a minimum period of twelve(12) months. If prior
to the end of the twelve month term, Customer
cancels the Services for any reason or InterMind
terminates the Agreement due to Customer's breach
of the Agreement, Customer agrees to pay to InterMind
an early termination charge of equal to (1) one
month of customer normal monthly fee.
(b) Installation Charge
Installation are billed as a one-time charge of
$75.00. This rate
is subject to periodic discounts and promotions.
The actual amount charged for installation and
equipment will match the current promotional rate
for Customer's market and type of installation.
(c) Monthly Service Charge
The recurring charge payable by Customer for the
Services is the amount
per month.
(d)
No-Show Charge
Customer may be charged a no-show charge of $50.00
for failing to keep a scheduled appointment or
for canceling an appointment less than 24 hours
in advance of the appointment.
Residential
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