MWEB TERMS AND CONDITIONS

  1. MicroWEB Technology, Inc. ("MWEB") exercises no control whatsoever over the content of the information passing through MWEB. MWEB makes no warranties of any kind, whether expressed or implied, for the service it is providing. MWEB also disclaims any warranty of merchantability or fitness for a particular purpose, and any obligation to maintain the confidentiality of information, although MWEB's current practice is to utilize reasonable efforts to maintain such confidentiality. MWEB will not be responsible for any damage you suffer from use of MWEB. This includes loss of data resulting from delays, nondeliveries, misdeliveries, or service interruptions caused by its own negligence or your errors or omissions, or due to inadvertent release or disclosure of information sent by you. Use of any information obtained via MWEB is at your own risk. MWEB specifically denies any responsibility for the accuracy or quality of information obtained through its services.
  2. MWEB may only be used for lawful purposes and with reasonable compliance to the Acceptable Use Policy. Transmission of any material in violation any U.S. or state regulation is prohibited. This includes, but is not limited to: copyrighted material, material legally judged to be threatening or obscene, or material material protected by trade secret. You agree to indemnify and hold harmless MWEB from any claims resulting from your use of the service which damages you or another party. Notwithstanding the above, you agree that should we be found liable in a court of law for any action related to the use of MWEB service that our liability shall be limited to the unused balance of your monthly payment, pro-rated to reflect your current month. You will further agree that we reserve the right to terminate further service to your organization upon notice that you have, or intend to, initiate legal proceedings against MWEB of any kind.
  3. The use of MWEB to transmit certain kinds of information (including without limitation, computer software and other technical data) may violate export control laws and regulations of the United States, whether that information is received abroad or by foreign nationals within the United States. Since MWEB exercises no control whatsoever over the content of information passing through MWEB, the entire burden of complying with such laws and regulations rests with its customers. You agree to comply with such laws and regulations and to indemnify and hold MWEB harmless from any damages it may suffer resulting from any violation of the export control laws of the United States.
  4. Any access to other networks connected to MWEB must comply with the rules appropriate for that other network. Use of MWEB itself may be for any lawful purpose. Use of MWEB for commercial purposes is permitted.
  5. You agree to pay all charges incurred through access of your account. The right to use the service is not transferable. Payment is due upon receipt of invoice. Accounts are in default if payment is not received within 15 days after date of invoice. If your payment is returned to us unpaid you are immediately in default and subject to a returned check charge of $25 from us. Accounts in default may have their service interrupted. Such interruption does not relieve you from the obligation to pay the monthly charge. Only a written request to terminate your service relieves you of your obligation to pay the monthly account charge. Accounts in default are subject to an interest charge of 1.5% per month on the outstanding balance. If your state law does not allow an interest rate of 1.5% per month, the maximum allowable rate for your state will be charged. If you default, you agree to pay MWEB reasonable expenses, including attorney and collection agency fees, incurred in enforcing its rights under these Terms and Conditions.
  6. Service is invoiced at least monthly and may be canceled in writing with 60 days notice with no penalty.
  7. MWEB may provide IP (Internet Protocol) addresses. These addresses may not be transferrable if you go to another Internet Service Provider. MWEB reserves the right to renumber its clients at any time. This is essential to the efficient operation of the Internet and is in no way a function of how MWEB does business.
  8. MWEB may provide certain end-user software to facilitate your use of MWEB. Such software and any related documentation ("Licensed Program") are owned and copyrighted by MWEB. You may not use, copy, modify, reverse engineer, sell, lease, sublease, or otherwise transfer the Licensed Program, or any copy or modification, in whole or in part, except as expressly provided hereunder. Under the terms of this license, you are given a personal, non-exclusive license to use the Licensed Program only in connection with your authorized use of MWEB pursuant to a valid agreement for services from MWEB ("Service Agreement") which has not been terminated. You may transfer copies of the Licensed Program to any potential user of MWEB, provided that such user agrees to be bound by the provisions hereof and only utilizes the Licensed Program while such user has in effect a valid Service Agrement with MWEB. MWEB shall provide you with free updates of the Licensed Program, if any, as are generally provided by MWEB to MWEB customers for so long as your Service Agreement remains in effect. Such updates shall be provided via modem. You agree to allow MWEB to provide such updates to the Licensed Program via modem and at all times to use the most current version of the Licensed program as supplied to you by MWEB.

    THE LICENSED PROGRAM IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MWEB SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF USE, INTERRUPTION OF BUSINESS, NOR FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHETHER UNDER THIS AGREEMENT OR OTHERWISE, EVEN IF MWEB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

    This license will automatically terminate if you fail to comply with any term or condition of this agreement, or in the event of termination of your service agreement with MWEB. You agree upon such termination to return the Licensed program or destroy it, along with any backup or other copies in your possession.

  9. These Terms and Conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with terms and conditions of any order submitted. Use of MWEB constitutes acceptance of these Terms and Conditions. These Terms and Conditions may be modified by MWEB upon 30 days prior written notice to you. Continued use of MWEB following such modifications constitutes acceptance of these Terms and Conditions, as modified.
  10. All individuals accessing MWEB represent to MWEB that they are 18 years of age or older. If under 18 years of age, such individual is not permitted to access MWEB unless the express written agreement of such individual's parent or legal guardian has been furnished to MWEB. Certain material available through MWEB may not be suitable for individuals under the age of 18.

LETTER OF CONSENT FOR USE OF MicroWeb Technology, Inc. BY MINOR

The undersigned parent or legal guardian of ___________________, a minor, hereby consents to the use of the MWEB service by such minor. The undersigned agrees to be responsible for such minor's use of the MWEB service (in accordance with MWEB Terms and Conditions) and to pay all charges incurred by such minor's use of the MWEB service.


___________________________ ___________________________ __________________
Guardian Signature          Print Name                  Date

Please mail or fax this form with your MicroWeb Technology Inc. Account Application form, if applicable.


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