- General Terms and Definitions
Any individual or entity receiving any product or service from DSLX.NET shall hereafter be referred to as “Client”. By accepting products and/or services provided by DSLX.NET, Client agrees to observe and abide by all of the provisions, terms, and requirements specified in this agreement. Client’s use of the services constitutes acceptance of this agreement. The term “DSLX.NET” includes all agents, employees, officers, directors, subcontractors, and assignees of DSLX.NET and DSL Express , subsidiaries of Biopass Medical Systems, Inc.
The Client shall be liable to DSLX.NET for any applicable Charges, Additional Service Charges and other One-time Fees. Charges and Additional Service Charges will be billed one month in advance and are due to be paid by the first day of the month of service. Where applicable, the service charges for the initial partial month of service will be prorated and billed on the first recurring monthly bill. For each month thereafter, a full monthly service amount will be charged for any part of a month in which service is provided. The monthly service charges and fees are nonrefundable. All One-time Fees (if any) will be billed along with the monthly charges and are due to be paid when the next monthly bill is due to be paid. PAST DUE ACCOUNTS WILL BE CHARGED A LATE FEE OF 1.5% PER MONTH ON ANY UNPAID PAST DUE BALANCE. Delinquent accounts are subject to immediate termination or suspension of services at the sole discretion of DSLX.NET. Monthly billings will include any applicable local, state and federal taxes and charges.
- Disclaimer of Liability
Client acknowledges that all products and services are provided on an “As Is” basis and that DSLX.NET makes no warranty of any kind, expressed or implied, including, but not limited to, any warranty regarding the reliability or suitability of any product or service for a particular purpose. DSLX.NET disclaims any warranty of merchantability or fitness for a particular purpose. No oral advice or written information provided by DSLX.NET shall create or expand any representation or warranty nor shall Client be entitled to rely on any such information or advice. Client acknowledges and understands that DSLX.NET exercises no control over the nature, content, or reliability of the information delivered to Client from the Internet or vice versa. Under no circumstances shall DSLX.NET be held responsible for damages or loss suffered by Client, including but not limited to special, incidental, consequential, or punitive damages, as a result of Client’s direct or indirect use of the DSL line or DSLX.NET products or services including, but not limited to, errors, delays, loss of information, or interruptions in service caused by Client’s or DSLX.NET’ or a third party’s acts or failure to act. Client acknowledges that the Internet and mail access service may be temporarily unavailable for scheduled or unscheduled maintenance, and for other reasons within and without the control of DSLX.NET. Under no circumstances do any such errors, delays, loss of information, or interruptions in service nullify or modify this agreement or any other agreement or contract entered into by DSLX.NET and Client.
- Client Responsibility
Client is responsible for protecting all account passwords and for any authorized or unauthorized use made of Client’s account. Client agrees to comply with the rules appropriate to any network to which Client may gain access via the products and services of DSLX.NET. Client acknowledges that any proprietary, confidential, or otherwise valuable information that Client desires to keep confidential should not be transmitted over any part of the Internet, nor reside on computers connected to the Internet. Client will not transmit or make available to the Internet any material that is illegal, libelous, tortuous, or likely to result in action against DSLX.NET or its clients. Client agrees that under no circumstances will the Client use DSLX.NET’ products or services, including, but not limited to electronic mail, in connection with the sending of unsolicited electronic mail messages, commercial or otherwise, including, but not limited to, the sending of unsolicited mass mailings from another service which in any way implicates the use of DSLX.NET’ products or services, or any DSLX.NET electronic mail address. Client assumes the risk of all damages and injury associated with the use of a DSL Line and DSLX.NET’ services and products. Client agrees not to use the products or services purchased from DSLX.NET in a manner prohibited by any federal, state, county, or local law.
- Dispute Resolution; Choice of Law; Venue; Jury Trial
The parties shall attempt to resolve any disputes between them without resort to litigation in court. Client’s remedies are limited as set forth herein. This agreement shall be construed in accordance with and governed by the internal laws of the State of Florida without given effect to choice of law. Any legal action or other legal proceeding relating to this agreement or the enforcement of any provision of this agreement shall be brought or otherwise commenced in a state or federal court located in the County of Broward, Florida. Each of the parties hereto irrevocably waives the right to a jury trial in connection with any legal proceeding relating to this agreement or the enforcement of any provision of this agreement.
- Attorney Fees
In any litigation or other proceeding by which one party seeks to enforce its rights under this agreement (whether in contract, tort, or both) or seeks a declaration of any rights or obligations to the agreement, the prevailing party shall be awarded reasonable attorneys fees, together with any costs and expenses, to resolve this dispute and to enforce the final judgment.
- Force Majeure
DSLX.NET shall not be responsible for any failure to perform any obligation or provide service hereunder because of any act of God, strikes, work stoppage, equipment or facilities shortages, governmental acts or directives, war, riot or civil commotion, or any other force beyond DSLX.NET’ reasonable control.
Client shall not assign or transfer its rights or obligations under this agreement without the prior written consent of DSLX.NET, and any attempted assignment without such consent shall be null and void.
If any provision of this agreement is held to be invalid or unenforceable pursuant to judicial decree or decision, the remainder of this agreement shall remain valid and enforceable according to its terms.
- Domain Name Registration
You must read and agree to the Domain Name Registration Agreement for DSLX.NET to register or modify an existing Domain Name Registration.