MWEB TERMS AND CONDITIONS
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.
- 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.
- 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.
- 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.
- 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
- 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.
- Service is invoiced at least monthly and may be canceled in writing
with 60 days notice with no penalty.
- 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.
- 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.
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.
- 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.
___________________________ ___________________________ __________________
Guardian Signature Print Name Date
Please mail or fax this form with your MicroWeb Technology Inc.
Account Application form, if applicable.