READ THIS SERVICE AGREEMENT CAREFULLY BEFORE USING ANY OF OUR INTERNET SERVICES.
1.
AGREEMENT.
This is an agreement between
Silq Networks, Inc. and you to provide Silq Networks Internet ("the
Service"). By establishing an account or using the Service or equipment,
you agree to be bound by this Agreement and to use the Service in compliance
with the Silq Networks Internet Service Agreement and Silq Networks Acceptable
Use Policy ("the Agreements") which can be found by going to
www.silq.net/aup.htm.
2.
TERM.
The term of this agreement is
on a month-to-month basis. Silq Networks reserves the right to change the price
of the Service at any time after the initial term upon 30 days notice. Prices
for other Silq Networks services may change at any time upon 30 days notice and
will be posted on the Silq Networks homepage: www.silq.net. Current rates may
also be obtained by calling 206-633-6063.
| Internet access and certain related equipment. |
| 1 email account upon request |
The Service speed can vary
depending on location, line quality, inside wiring, Internet traffic and other
factors beyond the control of Silq Networks. Silq Networks provides the Service
on a "best effort" standard and does not guarantee upload or download
speeds.
The email and Internet service
are available under this agreement after the Activation Date. You are solely
responsible for determining if use of a particular dial-up number will cause you
to incur long-distance, toll, or any other charges. Silq Networks is not
responsible for any long-distance, toll or other charges you incur. Toll-free
(800, 888, 877), international, and simultaneous login access costs will be
extra.
4.
CANCELLATION.
If you are dissatisfied with
the Service or any related terms, conditions, rules, policies, guidelines, or
practices, your sole remedy is to discontinue using the Service, cancel your
account, and pay any cancellation fees that apply. Silq Networks is providing
equipment to you for your use of the Service. Cancellation of the Service by you
before the initial term of the agreement ends will result in a cancellation
charge. Cancellation of the Service by you before the Activation Date will not
result in an equipment charge, provided that you return all materials provided
to you by Silq Networks in the original container (or an equivalent) within 30
days of cancellation.
To cancel the Service you must
call 206-633-6063.or write to Silq Networks., Customer Service Manager, 4500 9th
Ave, Seattle, WA 98105. Cancellation will be effective at the end of the current
billing period in which notice of cancellation is received. Upon cancellation,
email service will be terminated and all files stored on Silq Networks servers
will be deleted. Silq Networks may terminate this Agreement, your password, your
account, or your use of the Services for any reason, including, without
limitation, if Silq Networks, in its sole discretion, believes you have violated
the Agreements or if you fail to pay any charges when due. Termination notice
will be by email or U.S. Mail to the address you provided for the Service. All
notices to you shall be deemed effective on the first (1st) day following the
date of the email or on the fourth (4th) day following the date of the mailing.
Sections 1, 4, 6, 10 and 11 of this Agreement shall survive termination of this
Agreement.
| You must be at least 18 years old and provide a
valid credit card. |
| Your
computer must meet the following minimum requirements: For PC: |
 | 133 MHz (or faster) Pentium-based processor (or
equivalent) |
| Windows 95B/98/Me or Windows NT 4.0 Workstation
with Service Pack 3 or higher |
| 32MB RAM |
| 25MB of available hard disk space |
| Installed CD-ROM drive |
| Installed 10BaseT Ethernet Network Interface
Card |
| Operating
System CD (or equivalent) |
For Macintosh:
| PowerPC or faster processor |
| Mac OS 8 or greater |
| Open Transport 1.1.1 enabled |
| 32MB RAM |
| 25MB of available hard disk space |
| Installed CD-ROM drive |
| Installed 10BaseT Ethernet Network Interface
Card |
| Operating System CD (or equivalent) |
| The Service must be available to your location.
|
| You
must keep your telephone service active in order for the Service to work
and you are responsible for charges for the Service regardless of the
status of your underlying telephone service. |
6.
PAYMENT.
You will be charged a monthly
charge of $27.50 for the Service. Silq Networks may offer from time to time
certain promotions with different terms, activation fees and monthly charges.
You must provide accurate billing information including legal name, address,
telephone number, and credit card/billing information, and report all changes to
this information immediately. You are responsible for any charges to your
account. Questions regarding charges to an account should be directed to Silq
Networks’s Customer Service Department at 206-633-6063.All charges are
considered valid unless disputed in writing within sixty (60) days of the
billing date. Adjustments will not be made for charges that are more than 60
days old.
Charges are billed to your
credit card or debit card, as applicable, each month for the Service and any
additional usage or services. Silq Networks is not responsible for any charges
or expenses (e.g., for overdrawn accounts, exceeding credit card limits, etc.)
resulting from charges billed by Silq Networks. Payment by check is due within
30 days after the month in which the charges are incurred. You agree to maintain
valid and current credit card information on file with Silq Networks at all
times.
If purchasing Services through
a reseller, the reseller must pay all amounts owing for your account. If the
reseller fails to pay Silq Networks any amounts due, whether or not you have
paid the reseller, your account will be subject to suspension or cancellation
until you or the reseller has paid all amounts due.
Delinquent accounts may be
suspended or canceled at Silq Networks’s sole discretion; however charges will
continue to accrue until the account is canceled. Silq Networks may bill an
additional charge to reinstate a suspended account.
7.
YOUR ACCOUNT, PASSWORD AND SECURITY.
Upon registration and upon
request, you will receive an email name and password. You are solely responsible
for use of the Service. You must keep your password confidential so that no one
else may access the Services through your account. You must notify Silq Networks
immediately upon discovering any unauthorized use of your account.
Email accounts exceeding 10MB
in size may be inactivated until you reduce the size of the mail being stored.
Any free Web site exceeding the allotted amount of disk space may be suspended
until you reduce the disk space usage or purchase additional space. Any free Web
site exceeding the allotted amount of bandwidth will be billed for excess
traffic. Email, webspace and bandwidth limits are posted throughout our Web site
at www.silq.net. These limits may also be obtained by calling 206-633-6063.Silq
Networks reserves the right to change limits at any time upon 30 days prior
notice.
8.
INSTALLATION.
The installation, use,
inspection, maintenance, repair, and removal of the Equipment may result in
service outage or potential damage to your computer. You are solely responsible
for backing up all existing computer files. Silq Networks and its employees,
agents, contractors, and representatives shall have no liability whatsoever for
any damage to or loss or destruction of any of your hardware, software, files,
data, or peripherals. You assume responsibility for impacts to or loss of any
warranty associated with the opening of your computer for installation of an
internal card (such as a Network Interface Card) or DSL modem.
If you are unable to
perform self-installation, Silq Networks may suggest an outside vendor to help
install the service. You will be responsible for all costs and scheduling
associated with the installation by a third party. You are also responsible for
all inside wiring repair necessary to install the service.
SILQ NETWORKS DOES NOT
REPRESENT, WARRANT, OR COVENANT THAT INSTALLATION BY YOU OR A THIRD PARTY CHOSEN
BY YOU WILL ENABLE YOU TO SUCCESSFULLY ACCESS, OPERATE, OR USE THE SERVICES, NOR
THAT SUCH INSTALLATION WILL NOT CAUSE DAMAGE TO YOUR COMPUTER, DATA, SOFTWARE,
FILES, OR PERIPHERALS. IN ADDITION, SILQ NETWORKS SHALL HAVE NO LIABILITY
WHATSOEVER FOR ANY DAMAGE, OR FOR THE FAILURE TO PROPERLY INSTALL, ACCESS, USE,
OR OPERATE THE EQUIPMENT OR SERVICES BECAUSE OF YOUR INSTALLATION. THE FOREGOING
LIMITATION OF LIABILITY IS IN ADDITION TO AND SHALL IN NO WAY BE CONSTRUED TO
LIMIT ANY AND ALL LIMITATIONS OF LIABILITY SET FORTH ELSEWHERE IN THIS
AGREEMENT.
Silq Networks will make its
best effort to provide the Service. Because of the complex nature of high speed
internet services, availability, and the underlying infrastructure, it may not
be possible to provide the Service to everyone. In its sole discretion, Silq
Networks may cancel the installation process and refund any money that you have
paid. Silq Networks will notify you of its intent to cancel as soon as
reasonably possible. It may take 30, 60, 90 or more days to determine if Silq
Networks is able to provide service. Silq Networks shall have no responsibility
whatsoever for claims arising out of its failure or refusal to complete the
installation or provide the Service.
9.
MONITORING THE SERVICES.
Silq Networks has no obligation
to monitor the Services, but may do so and disclose information regarding use of
the Services for any reason if Silq Networks, in its sole discretion, believes
that it is reasonable to do so, including to: satisfy laws, regulations, or
governmental or legal requests; operate the Service properly; or protect itself
and its subscribers. Please see our Privacy Policy. Silq Networks may
immediately remove your material or information from Silq Networks’s servers,
in whole or in part, which Silq Networks, in its sole and absolute discretion,
determines to infringe another’s property rights or to violate our Acceptable
Use Policy.
10.
DISCLAIMERS.
CERTAIN EQUIPMENT MAY BE
SUBJECT TO THIRD PARTY WARRANTIES, WHICH MAY BE PASSED THROUGH SILQ NETWORKS TO
YOU AT NO ADDITIONAL CHARGE. SILQ NETWORKS WILL COMPLY WITH ALL REASONABLE
REQUIREMENTS NECESSARY TO AFFECT THE PASS-THROUGH OF THE WARRANTY TO YOU. AT ITS
SOLE OPTION WITHIN THE INTITIAL TERM, SILQ NETWORKS OR ITS AGENT MAY REPLACE A
DEFECTIVE MODEM OR GATEWAY ON BEHALF OF THE MANUFACTURER, PROVIDED YOU FOLLOW
ALL APPLICABLE PROCEDURES AND OBTAIN A RETURN MATERIALS AUTHORIZATION (RMA)
NUMBER. THIS WARRANTY DOES NOT COVER DEFECTS RESULTING FROM ACTS OUTSIDE OF SILQ
NETWORKS’S CONTROL, USE CONTRARY TO SPECIFICATIONS OR INSTRUCTIONS, OR REPAIR
OR MODIFICATION BY ANYONE OTHER THAN SILQ NETWORKS OR ITS CONTRACTOR. SILQ
NETWORKS RESERVES THE RIGHT TO MODIFY THIS WARRANTY AT ANY TIME.
THE SERVICES ARE PROVIDED ON AN
"AS IS" AND "AS AVAILABLE" BASIS. SILQ NETWORKS DOES NOT
WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES,
OR OTHER HARMFUL COMPONENTS. SILQ NETWORKS MAKES NO EXPRESS WARRANTIES AND
WAIVES ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF
TITLE, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
REGARDING ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH SILQ NETWORKS
OR THE INTERNET GENERALLY. NO ADVICE OR INFORMATION GIVEN BY SILQ NETWORKS OR
ITS REPRESENTATIVES SHALL CREATE A WARRANTY. SILQ NETWORKS AND IT EMPLOYEES ARE
NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE
OF THE SERVICES OR THE INTERNET INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY,
MULTIPLE, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES. IN ANY EVENT, SILQ
NETWORKS’S CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE
USE OF THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID
DURING A ONE-YEAR PERIOD.
SILQ NETWORKS SHALL HAVE NO
LIABILITY WHATSOEVER FOR ANY CLAIMS, LOSSES, ACTIONS, DAMAGES, SUITS, OR
PROCEEDINGS RESULTING FROM: OTHER USERS ACCESSING YOUR COMPUTER; SECURITY
BREACHES; EAVESDROPPING; DENIAL OF SERVICE ATTACKS; INTERCEPTION OF TRAFFIC SENT
OR RECEIVED USING THE SERVICES; YOUR RELIANCE ON OR USE OF THE EQUIPMENT OR
SERVICES, OR THE MISTAKES, OMISSION, INTERRUPTIONS, DELETION OF FILES, ERRORS,
DEFECTS, DELAYS IN OPERATION, TRANSMISSIONS, OR ANY FAILURE OF PERFORMANCE OF
THE EQUIPMENT OR SERVICES; THE USE OF THE EQUIPMENT OR SERVICES BY YOU OR A
THIRD PARTY THAT INFRINGES THE COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET,
CONFIDENTIALITY, PRIVACY, OR OTHER INDUSTRIAL OR INTELLECTUAL PROPERTY RIGHTS,
PROPRIETARY RIGHTS OR CONTRACTUAL RIGHTS OF ANY THIRD PARTY; THE ACCURACY,
COMPLETENESS, AND USEFULNESS OF ALL SERVICES, PRODUCTS, AND OTHER INFORMATION,
AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE PROVIDED THROUGH THE
SERVICE OR THE INTERNET.
THE FOREGOING LIMITATION
APPLIES TO THE ACTS, OMISSIONS, NEGLIGENCE AND GROSS NEGLIGENCE OF SILQ
NETWORKS, ITS OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR REPRESENTATIVES WHICH,
BUT FOR THIS PROVISION, WOULD GIVE RISE TO THE CAUSE OF ACTION AGAINST SILQ
NETWORKS IN CONTRACT, TORT OR ANY OTHER LEGAL DOCTRINE. YOUR SOLE AND EXCLUSIVE
REMEDIES UNDER THIS AGREEMENT ARE AS EXPRESSLY SET OUT IN THIS AGREEMENT. ANY
WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS, WHICH
VARY FROM STATE TO STATE.
11.MISCELLANEOUS.
This Agreement, the
Acceptable Use Policy, and Silq Networks’s other Agreements and policies
posted on Silq Networks’s Web site constitute the entire agreement between
you and Silq Networks with respect to your use of the Service.
Silq Networks may revise,
amend, or modify the Agreements at any time and in any manner. Notice of any
revision, amendment, or modification will be posted on Silq Networks’s Web
site (www.silq.net) and/or on your start pages and/or by email and/or in our
various publications and mailings to you.
Ver.1/24/2002