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Additional Terms & Conditions for
Broadband Customers
This Additional Terms & Conditions Agreement for Broadband
Customers (the "Broadband Customer Agreement" or "Agreement")
is applicable to individuals or companies ("You") who are
provided with DSL, ISDN, Cable Modem, Frame Relay, or any
other data connection in excess of 64 kilobits per second
(a "Broadband Connection") via ISOMEDIA, Inc., ISOMEDIA.COM
LLC, & all other ISOMEDIA Inc. related entities ("ISOMEDIA"),
or by a third party where ISOMEDIA is acting as a reseller
of that third party's connectivity services.
This Broadband Customer Agreement is a subsidiary contract
between the parties which shall be integrated into and considered
a part of the Master Terms & Conditions Agreement (the "Master
Agreement").
This Broadband Customer Agreement specifies additional terms
and conditions You accept and agree to abide by when connecting
one or more devices you own to a Broadband Connection provided
by ISOMEDIA.
If You do not agree to be bound by the terms and conditions
in this Agreement and the Master Agreement, do not use the
Broadband Connection provided by ISOMEDIA.
The Master Agreement describes the process and procedure
for making updates to this Agreement.
If any part of this Agreement is found to be unenforceable
or unlawful, then that provision shall be deemed severable
from these terms and conditions and shall not affect the
validity and enforceability of any remaining provisions.
Continuing to use a Broadband Connection provided by ISOMEDIA
following ISOMEDIA's posting of any changes to this Broadband
Customer Agreement or Master Agreement will constitute Your
acceptance of such changes or modifications. If You do not
agree to any changes to this Broadband Customer Agreement,
do not continue to use the Broadband Connection.
A current copy of this Broadband Customer Agreement, the
Master Agreeement and all subsidiary agreements can be found
at
http://www.isomedia.com/internet_index/terms_internet_index.shtml.
The version of this Broadband Customer Agreement stored
at that URL is considered the current and binding version
of this Agreement.
Additional terms and conditions applicable to You are as
follows:
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| 1. |
You agree to indemnify and hold harmless ISOMEDIA,
its ownership, its officers, directors, staff and affiliates
against any claim or action or damages arising from the
operation of Your business or any equipment under Your ownership
or control. |
| 2. |
You agree not to use any software or hardware,
or modify any software or hardware you are provided by ISOMEDIA
or your third party Broadband Connection provider to enable
your system to transmit or receive data at rates higher
than those you have contracted with ISOMEDIA to provide
("uncapping"). |
| 3. |
You agree not to connect more than one computer
to the Broadband Connection either directly or via a modem,
hub, switch, router or bridge ("networking multiple PCs")
without prior written permission from ISOMEDIA. |
| 4. |
You agree not to connect any unauthorized
device to the Broadband Connection. |
| 5. |
You agree that ISOMEDIA will continue to invoice
Your account an amount agreed between You and ISOMEDIA in
a separate Service Agreement at such intervals as stipulated
in that agreement, and You are obligated to pay and will
pay those invoices in full until the end of the month in
which You notify ISOMEDIA via electronic notification that
You are terminating your Broadband Connection with ISOMEDIA.
Such termination shall not take effect until after any previously
agreed term of service has expired. Termination of your
Broadband Connection circuit with Your telephone company
or Your third party Broadband Connection provider does not
constitute notice of Termination to ISOMEDIA and does not
relieve Your obligation to pay any ISOMEDIA invoices which
are billed to your account. |
| 6. |
The ISOMEDIA service is exclusive
of all other telecommunications services (the “Telco”)
which may be required to establish connection for the Customer
to ISOMEDIA, and all such costs and the associated terms
and conditions required by the Telco to perform such services
shall be directly between Customer and Telco provider. Customer
is responsible to have its site ready for installation of
any Telco line needed including, if necessary, providing
access to the designated building's phone closet on the
date agreed to by ISOMEDIA to perform the service connection.
Failure to provide access shall not suspend the service
start date. |
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Without limiting any other remedies, if You fail to adhere
to these Broadband Customer Terms & Conditions, ISOMEDIA
may, at its discretion, suspend or terminate any and all
services ISOMEDIA is providing to You. You specifically
waive Your right to sue or ability to subrogate those rights
for any losses. If You and ISOMEDIA enter into a separate
service agreement that provides for a different termination
process, that process will explicitly acknowledge and supercede
this clause. |
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