Additional Terms & Conditions for Dialup Customers
This Additional Terms & Conditions Agreement for Dialup Customers (the "Dialup Agreement") is applicable to individuals or companies ("You") who are provided with a dialup connection to ISOMEDIA services using the telephone system with a bitrate of less than 64 kilobits per second (a "Dialup Connection") via ISOMEDIA, Inc., ISOMEDIA.COM LLC, and all other ISOMEDIA Inc. entities ("ISOMEDIA"), or by a third party where ISOMEDIA is acting as a reseller of that third party's connectivity services.
This Dialup Agreement is a subsidiary contract between You and ISOMEDIA which is hereby integrated into and considered a part of the Master Terms & Conditions Agreement (the "Master Agreement").
This Dialup Agreement specifies additional terms and conditions You accept and agree to abide by when connecting one or more devices you own to a Dialup Connection provided by ISOMEDIA and using ISOMEDIA dialup services.
If You do not agree to be bound by the terms and conditions in this Dialup Agreement and the Master Agreement, do not use the Dialup Connection provided by ISOMEDIA.
The Master Agreement describes the process and procedure for making updates to this Dialup Agreement.
If any part of this Dialup 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 Dialup Connection provided by ISOMEDIA following ISOMEDIA's posting of any changes to this Dialup Agreement or the Master Agreement will constitute Your acceptance of such changes or modifications. If You do not agree to any changes to this Dialup Agreement, do not continue to use the Dialup Connection.
A current copy of this Dialup Agreement, the Master Agreement and all subsidiary agreements can be found at: http://www.isomedia.com/internet_index/terms_internet_index.shtml. The version of this Dialup Agreement stored at that URL is considered the current and binding version of this Dialup 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 owners, officers, directors and staff against any claim or action or damages arising from the operation of Your business or any equipment under Your 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 Dialup 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 any unauthorized device to the Dialup Connection. |
| 4. |
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 agree to pay those invoices in full until such time as You notify ISOMEDIA via electronic notification that You are terminating your Dialup Connection with ISOMEDIA. Such termination shall not take effect until after any previously agreed term of service has expired. Termination of your Dialup Connection circuit with Your telephone company or Your third party Dialup Connection provider does not constitute notice of Termination to ISOMEDIA and does not relieve Your obligation to pay any ISOMEDIA charges which are properly billed to your account. |
| 5. |
You agree not to persistently access ISOMEDIA connection telephone numbers with the intent or effect of making those numbers inaccessible to ISOMEDIA's other customers. |
| 6. |
You agree that you are solely responsible for all telephone long distance and access charges associated with your use of the ISOMEDIA system. You understand and agree that your computer, software, or telephone system may conceal the fact that you are making a long distance telephone call to access the ISOMEDIA system, and that you accept responsibility for any long distance or access charges you may incur as a result. It is your responsibility to determine if an access number is a long distance or toll call for you. |
| 7. |
ISOMEDIA reserves the right to terminate idle connections and to limit the length of individual connections. |
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Without limiting any other remedies, if You fail to adhere to the above 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 assign 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 paragraph. |
