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The following terms
constitute an agreement (“Agreement”) between Great Lakes Computers
and a person 18 years old or older or a duly formed corporation,
partnership, or other legal entity (“Customer”) subscribing to or
using Great Lakes Computers Residential or Small Business end-user
DSL or Wireless Internet Service (“Service”). By subscribing to
and/or using the Service, Customer agrees to be bound by the terms
of this Agreement and to the Conditions of Use and Acceptable Use
policies contained herein.
GREAT LAKES COMPUTERS MAY
UPDATE AND AMMEND THIS AGREEMENT FROM TIME TO TIME AS NECESSARY BY
DISPLAYING AN UPDATED COPY ON THE GREAT LAKES COMPUTERS WEB SITE AND
CUSTOMER SHOULD REFER TO THAT COPY TO ENSURE COMPLIANCE.
Location of this
agreement on the Great Lakes Computers Web site.
http://www.glccomputers.com/acceptableuse.htm
Service Provided
Great Lakes Computers
will provide Service to Customer as requested by Customer and of the
service type selected by Customer, where that service is available,
for an initial term of one (1) year from the date service is
installed and determined to be functional (“Term”) and, unless
otherwise requested in writing at least thirty (30) days in advance
of the end of Term by Customer, for additional one year terms
thereafter. Rated performance of the Service and any additional
features of Service are determined by the service type Customer
requests and which may be upgraded by Customer to a higher
performance service at any time.
Great Lakes Computers
will provide customer with either a dynamically assigned IP address
or one or more statically assigned IP addresses as determined by the
service type Customer requests. Customer understands that Customer
has no ownership or rights to continued use of any such IP address
and that such IP addresses may be changed by Great Lakes Computers
as required to ensure compliance with Agreement and to maintain
Great Lakes Computers network and services. Customer may either
receive from Great Lakes Computers, or may otherwise need to
provide, the equipment necessary to establish Customer's connection
to the Service.
Great Lakes Computers may
in some cases provide Customer with equipment marked with a Great
Lakes Computers equipment tag (“Provider Owned Equipment”) to be
used in association with Service and Customer agrees that such
equipment will remain the property of Great Lakes Computers and that
such equipment will either be returned at Customer's expense to
Great Lakes Computers or that Customer will pay to Great Lakes
Computers the original cost of Provider Owned Equipment within
thirty (30) days of termination of this Agreement.
Service Performance and Reliability
Customer understands that
the performance in bits per Second (b/s), the latency in delivery
and reception of data packets in milliseconds (ms), the loss of data
packets, and the ability to use various protocols or applications
between Customer and any other destination is dependent on numerous
factors which may be beyond the control of Great Lakes Computers or
may be dependent on the condition of Customer's phone line or the
nature of the radio path to Great Lakes Computers wireless access
point. As such, the actual performance Customer experiences may vary
and may be less than or up to the rated performance for the service
type selected.
Customer understands that
due to unforeseen equipment failures or other difficulties in
providing Service there may be times when the Service is unavailable
to Customer (“Downtime”). When Customer experiences Downtime,
Customer may contact Great Lakes Computers and establish a “Trouble
Ticket” by which Great Lakes Computers will track and report the
reasons for the Downtime and arrange for correction of the problem.
Great Lakes Computers may from time to time perform planned
maintenance of Great Lakes Computers network and systems between 1
AM and 5 AM EST/EDT (“Maintenance Period”). Interruptions in Service
to Customer during these Maintenance Periods and Interruptions due
to problems with Customer's phone line, equipment, network,
computers, or software does not constitute Downtime.
Support
Great Lakes Computers
provides, inclusive of base monthly service fees, basic support to
Customer during normal business hours Monday through Friday from
8:30 AM to 5:00 PM to help customer initially establish Service, to
determine if any Downtime is due to a failure on the part of Great
Lakes Computers or due to a failure of any of Great Lakes Computers
systems or Provider Owned Equipment, and to help Customer with the
restoration of Service (“Basic Support”). Support for problems or
issues with Customer's phone line, equipment that is not owned by
Great Lakes Computers, internal network wiring or configuration,
wireless LAN, computers, software, applications, or use of Internet
sites or applications is not included in Basic Support.
With the exception of
Provider Owned Equipment, Customer is responsible for the operation
and maintenance of any equipment at Customer's location that is
required to receive Service and Customer understands that all
warranties, repairs, replacements, service, or support of such
equipment is between Customer and the manufacturer of such equipment
except that Great Lakes Computers will assist Customer in
establishing in association with Service a standard configuration
for and determining proper operation of any equipment models Great
Lakes Computers specifies as compatible with Service and that is
required to establish the connection from Customer location to the
Service.
Suspension or Termination
Customer may terminate
Service at any time upon thirty (30) days prior written notice to
Great Lakes Computers. Service may also be terminated for cause by
Great Lakes Computers should customer default on payment or fail to
comply with the Conditions of Use or Acceptable Use policies
contained below or for other material breech of Agreement. Should
Customer terminate Service prior to the end of Term or should
Service be terminated for cause prior to the end of Term, Customer
will return or pay for any Provider Owned Equipment within thirty
(30) days and Customer may, at Great Lakes Computers sole
discretion, be required to pay an early termination fee equal to an
additional month of service beyond the date Service is terminated
plus any direct costs Great Lakes Computers incurs in terminating
Service to Customer. Should Service be terminated for cause due to a
breach of Conditions of Use or Acceptable use, Customer may also be
obligated to compensate Great Lakes Computers for any costs incurred
in dealing with the effects of such a breach.
Great Lakes Computers may
suspend Customer's Service as provided for under “Payment” below
until such time as Customer pays all amounts due to Great Lakes
Computers, during which Customer is still obligated to pay for
Service as if it were continuing to be provided.
Great Lakes Computers may
suspend or terminate Customer's Service as necessary to avoid harm
to Great Lakes Computers systems or network that arises as a result
of Customer's connection to Great Lakes Computers or any activities
of Customer regardless of whether those activities were intentional,
accidental, or consequential.
Payment
Great Lakes Computers
will invoice Customer each month for the total cost of Service for
the following month (“Monthly Invoice”) and Customer agrees to pay
each Monthly Invoice within thirty (30) days of the date the Monthly
Invoice was issued. Fees for setup and installation, and any other
applicable one-time fee(s) required to establish Service, will be
included on the first Monthly Invoice along with all charges and
fees associated with the first two (2) months of Service and that
Monthly Invoice must be paid prior to activation of Service.
The total cost of Service
due on a Monthly Invoice includes the base fee for Service plus any
charges for optional support, hardware, materials, or services
Customer may have requested, plus any additional taxes, fees, or
assessments Great Lakes Computers is required by any governmental
authority to collect in association with Service, plus any late
fees, or other charges provided for in Agreement. Any changes in
Service that result in a change in the base fee or other charges
will result in a prorated adjustment on an appropriate Monthly
Invoice.
Invoices may be paid by
cash, check, or a credit card accepted by Great Lakes Computers. In
all cases, a payment by check or credit card is not considered to
have been made until such time as the check or credit card
transaction clears into Great Lakes Computers account. Customer may
elect to pay in advance for Services as desired and such prepayment
will be shown as credit on the appropriate Monthly Invoice(s). Each
returned check or credit card charge back will result in an
additional fee charged to Customer in the amount of thirty five (35)
dollars.
Failure to pay any amount
on a Monthly Invoice within thirty (30) days of the date a Monthly
Invoice was issued may result in suspension of Service to Customer
and the accumulation of late fees at the maximum rate permissible by
law. Failure to pay any amount on a Monthly Invoice within sixty
(60) days of the date a Monthly Invoice was issued will be
considered a default on payment and may at the sole digression of
Great Lakes Computers result in a termination of Service for cause
and result in additional charges as provided for elsewhere in
Agreement.
Customer understands that
a Monthly Invoice is issued each month and amounts are due as
described above regardless of whether customer actually receives or
views the Monthly Invoice. Should Customer not receive a Monthly
Invoice, it is incumbent upon Customer to request a copy of the
Monthly Invoice from Great Lakes Computers as required to ensure
that payment is made as proscribed above. Great Lakes Computers, at
its sole discretion, reserves the right to submit Monthly invoices
to customer by either (1) e-mail invoicing to registered e-mail
account or by (2) posting on a secured Web site for access only by
Customer using a unique user ID and password for Customer.
Conditions of Use, Acceptable Use
The Service provided is a
connection to the Internet for interactive use by Customer and may
not be used for any unattended purpose unless otherwise provided for
in writing from Great Lakes Computers. Service is not for resale and
may not be resold or transferred. Service may not be shared with any
other party other than those directly associated with Customer and
then only up to a maximum of five (5) computers or users. Customer
may not use Service to send any electronic messages, materials, or
content to any address on the Internet where doing so would be
restricted as a result of a valid listing in a database established
by law, including, but not limited to, the Michigan Children's
Protection Registry.
Customer and persons
using the Service delivered to Customer may not use Service to (1)
improperly assume the identity of another person on the Internet,
(2) obscure or attempt to hide the source of submissions, electronic
mail, or other postings, (3) post, send, or submit abusive or
offensive materials or content, (4) make available or distribute
over the Internet any copyrighted content or materials for which
they do not have proper permission to do so, (5) distribute or make
available any content or materials that are in any way illegal to
posses, sell, or distribute, (6) send or cause to be sent any
unsolicited advertising by electronic mail (SPAM) or engage in any
business or service that advertises by unsolicited electronic mail,
(6) attempt to gain unauthorized access to, or to deny or degrade
Internet connectivity services to, any server, system, service,
computer, or content, or (7) attempt to install any software into,
remove any software from, or compromise the operation of any
software on any other system or computer without proper permission
to do so.
Customer is responsible
for compliance with these Conditions of Use and Acceptable Use
policies in association with the Service delivered to Customer
regardless of whoever actually uses the Service delivered to
Customer. Great Lakes Computers reserves the right to monitor
Customer's use of Service for the purpose of ensuring the security
of, and managing resources of, Great Lakes Computers systems and
network and to ensure compliance with terms of Agreement.
Limited Warranty
Great Lakes Computers
will repair or replace any Provider Owned Equipment that
malfunctions or requires replacement for Term of Agreement provided
that the malfunction or need for replacement is not due to Customer
neglect or abuse.
Customer agrees that
there are no expressed or implied warranties related to the delivery
of Service, the availability or usability of any system, protocol,
application, or content accessed through Service, or fitness of
Service for any particular purpose, nor any warranty extended by
Great Lakes Computers to any equipment, software, or systems
associated with the use of Service, other than as specifically
provided for in Agreement or required by law. In the event of any
breech of warranty, damages shall be limited to the base fee paid by
Customer for the use of Services provided during the month in which
the breech of warranty exists.
Limitation of Liability
Customer understands and
agrees that Great Lakes Computers has limited or no control over
most parts of the Internet or the content and services offered by
others over the Internet and Customer assumes all risks related to
use of the Internet including, but not limited to the risk of
damage, loss, destruction, or disclosure of files or data, risk of
infection of Customer's computers, software, data, or storage media
by computer worms or viruses or by software designed to extract
personal data, display advertisements, or otherwise alter the
behavior of Customer's computer(s), risk associated with the
purchase or delivery of products or services over the Internet, or
risks associated with the use of information acquired over the
Internet.
Customer agrees that
Great Lakes Computers shall not be held responsible for any loss or
recovery of any of Customer's data nor any loss of profits,
business, or goodwill, interruption of business, or for any other
special or incidental damages, whether for any failure of Service,
failure of Provider Owned Equipment, breech of warranty, breach of
Agreement, tort, negligence, force majeure, restrictions imposed by
law, acts of God, or otherwise, even if Great Lakes Computers has
been advised of the possibility of such loss or damage. Customer
further agrees that Gaslight is not responsible for any incidental
costs Customer incurs as a result of subscribing to or using
Service.
Privacy of Customer Information
Great Lakes Computers
will neither distribute nor sell Customer's confidential information
to any other party nor compile or retain any records of Customer's
use of Service other than as required to provide Service to
Customer, to maintain Great Lakes Computers network and systems, as
required by a lawful request, notice, subpoena, warrant, or order
from a court of competent jurisdiction, or as otherwise required by
law.
Miscellaneous
Customer agrees that this
Agreement, as amended and posted on the Great Lakes Computers Web
Site, constitutes the entire agreement between Customer and Great
Lakes Computers and does not include by implication or reference any
other terms, conditions, or obligations of either party that are not
explicitly designated herein.
The waiver of any breach
or default under Agreement shall not constitute the waiver of any
subsequent breach or default.
Customer agrees to
indemnify Great Lakes Computers, its affiliates, officers,
directors, licensees and licensers for any and all claims and
expenses arising out of Customer's use of Service, including,
without limitation, reasonable attorney’s fees, arising from
Customer’s breach of any provision of Agreement.
Michigan law shall
control in the interpretation of Agreement.
If the parties are unable
to resolve a dispute arising under Agreement, either party may
submit such dispute to the American Arbitration Association for
resolution under its rules and procedures for dispute arbitration.
Any decision rendered in such proceeding shall be binding on both
parties and may be enforced in any court of competent jurisdiction.
Until such time as
Agreement is effectively terminated as provided herein, the terms
and conditions of Agreement shall prevail notwithstanding any
inconsistent terms and conditions that may be contained in any
purchase order or other document submitted by Customer to Great
Lakes Computers or by any verbal or written statement, quote,
communication, or other document received from Great Lakes Computers
by Customer.
Questions or Comments
related to this Agreement should be forwarded to:
Great Lakes Computers
1418 N. McEwan St.
Clare, MI 48617
Phone: 989-386-4868
FAX: 989-386-2036
E-Mail: info@glccomputers.com
This policy was last
updated on February 20, 2008. |
