NETPLEX - Terms of Service

THIS AGREEMENT IS ENTERED INTO by and between the subscriber of this agreement ("subscriber") and NETPLEX, LLC. ("NETPLEX, LLC") regarding access to the Internet as follows:

Part 1: Access to the Internet:

  1. Internet Access: This agreement allows the Subscriber to access the Internet. Subscriber will be issued an Internet User Account Number.
  2. License: During the term of this Agreement and subject to the terms and conditions hereof, NETPLEX, LLC grants Subscriber non-exclusive, non-transferable, limited license to access the Internet, through NETPLEX, LLC. Subscriber may access the Internet at such times as it is generally available and use data made available to Subscriber on the Internet. Subscriber hereby expressly agrees to comply with any and all license agreements or copyrights which may be included with downloaded software and/or information obtained through NETPLEX, LLC.
  3. Limitations: Internet data obtained through NETPLEX, LLC or any portion thereof may be copied, downloaded, stored, published, transmitted, transferred, sold or otherwise used, in any form or by any means, where (i) Subscriber obtains the appropriate license, (ii) secures the appropriate consent for copyrighted materials or (iii) if not otherwise expressly prohibited by this Agreement, as allowed by the fair use provision of the Copyright Act, 17 U.S.C. 107.
  4. Rights in the Downloaded Software and/or Information: All rights, titles, and interests in the downloaded software and/or information and all languages, formats, and media throughout the world, including the copyrights therein, are and shall continue to be the exclusive property of the stated owners.
Part 2: Billing:
  1. Access Charges: Charges payable for access to and use of the Internet by means of NETPLEX, LLC will be payed by the subscriber on a monthly or other negotiated contract basis, and such access charges are payable as designated herein.
  2. Billing and Payment: Access charges to the Internet through NETPLEX, LLC will be billed automatically to the Subscriber's credit card designated herein on the twenty-fifth day of each month. The initial access fees for the first month of access shall be prorated according to the number of days left in that month. Charges are exclusive of sales, use, and other taxes which are the responsibility of the Subscriber. If Subscriber's credit card payment is not authorized, Subscriber will pay the monthly access charges due and owed to NETPLEX, LLC within thirty (30) days of notice or further access to the Internet will be denied. If full payment is not made, Subscriber may be charged up to the maximum legal interest on the unpaid balance.
  3. Modification Charges: Charges may be modified prior to the effective date of this Agreement and upon at least thirty (30) days prior notice to Subscriber in writing or on-line.
Part 3: General Provisions:
  1. Responsibility for Certain Matters: Subscriber shall be responsible for all access to and use of the software and/or information available on the Internet. Subscriber shall be responsible for all access to the Internet whether or not Subscriber has knowledge of or authorizes such access and use.
  2. Monitoring Access: Subscriber acknowledges that NETPLEX, LLC is not monitoring access to the Internet. However, Subscriber further acknowledges and agrees that NETPLEX, LLC shall have complete access to all information on NETPLEX, LLC's System(s) and Subscriber waives any claim, including but not limited to, invasion of privacy, with respect to said information.
  3. Disclaimer of Warranties and Limitation of Liability:
    (a) Disclaimer of Warranties: EXCEPT AS SPECIFICALLY PROVIDED HEREIN, SCHEDULES HERETO OR AN APPLICABLE LICENSE AGREEMENT, THE SERVICE PROVIDED BY NETPLEX, LLC AND THE SOFTWARE AND/OR INFORMATION AVAILABLE ON THE INTERNET ARE PROVIDED "AS IS," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE WARRANTIES OF PERFORMANCE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
    (b) Limitation of Liability: Subscriber's exclusive remedy and NETPLEX, LLC's entire liability hereunder, if any, for any claim(s) for damages made against it, whether based on contract or negligence, shall be as follows: (i) any claim(s) relating to NETPLEX, LLC Access Software shall be limited to the amount of charges paid by the Subscriber relative to the period of occurence of events which are the basis of the claim(s), (ii) any claim(s) relating to the Internet shall be limited to the amount of Internet Access charges paid by Subscriber relative to the period of occurence of events which are the basis of the claim(s). In no event, will NETPLEX, LLC be liable for any lost profits or other consequential, exemplary, incidental, indirect or special damages, arising out of this agreement or Subscriber's use of NETPLEX, LLC and/or the Internet, even if advised of the possibility of such damages.
  4. Limitation of Claims: Except for claims relating to NETPLEX, LLC charges, no claim, regardless of form, which in any way arises out of this Agreement or use of, or inability to use the Internet, may be made, nor action based upon such claim brought, by Subscriber more than one (1) year after the action accrues, if the basis for such claim becomes known to the Subscriber desiring to assert it.
  5. Entire Understanding and Amendment: This Agreement, embodies the entire understanding between the parties with respect to the subject matter hereof and supercedes any and all prior understandings and agreements, oral or written, relating thereto. Except as otherwise provided herein, NETPLEX, LLC may amend the terms and conditions of this Agreement by giving Subscriber at least thirty (30) days prior written or on-line notice thereof. Any other amendments must be made in writing and signed by both parties.
  6. Term and Termination

(a) Effective Date: This Agreement will become effective upon approval and execution by NETPLEX, LLC, in Hartford, Connecticut.

(b) Termination: NETPLEX, LLC shall have the option to terminate this Agreement at any time by providing notice to the Subscriber.

(c) Termination Upon Breach: NETPLEX, LLC may terminate this Agreement, including denying access to the Internet, immediately and without notice of termination to the Subscriber, if Subscriber commits a material breach of this Agreement or of any obligation to NETPLEX, LLC under any other agreement between the parties.

(d) Obligations Upon Termination: Upon termination of access to the Internet, NETPLEX, LLC, at its option, may declare all charges with respect to such access immediately due and payable, including all unmatured installments of initial charges and the full access charges for any minimum initial access term agreed to by Subscriber. Upon any termination of this Agreement, the licenses granted hereunder shall also terminate and Subscriber shall comply with the obligations under the applicable license agreements.

(e) Force Majeure: NETPLEX, LLC's performance hereunder is subject to interruption and delay due to causes beyond its reasonable control such as acts of God, acts of government, war or other hostilities, civil disorder, the elements, fire or explosion, power failure, equipment failure, industrial labor disputes, inability to obtain necessary supplies and the like.

(f) Notices: All notices hereunder shall be given in writing to NETPLEX, LLC, at 85 Gillett Street, Hartford, Connecticut 06105, Attention: Subscription Department, and to Subscriber in writing or on-line at the address set forth below.

(g) Governing Law: This Agreement shall be governed by and construed under the laws of the State of Connecticut.

(h) General Provisions: Neither this Agreement nor any part or portion hereof shall be assigned, sublicensed, or otherwise transferred by Subscriber without NETPLEX, LLC's prior written consent. Should any provision of this Agreement be held to be void, invalid, unenforceable or illegal by a court, the validity or enforceability or the other provisions shall not be affected thereby. Failure of either party to enforce any provision of this Agreement shall not constitute or be construed as a waiver of such provision or of the right to enforce such provision.

(i) Headings and Captions: The headings and captions contained in this Agreement are for convenience only and shall not constitute a part hereof.

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