1. LIMITATION OF REMEDIES AND LIABILITY
The remedies provided herein are Customer's sole and exclusive remedies. In no event, whether in contract, warranty, tort (including negligence) or otherwise, shall Homeland Internet be liable for indirect, special, incidental, or consequential damages including, but not limited to, loss of profits or revenue, loss of use of services or products, loss of data, missed-deliveries, non-deliveries, interruption of business, cost of capital, cost of substitute services, downtime costs, or claims of customers of the Customer for such damages, even if advised of the possibility of such damage. In any event, Homeland Internet's liability to Customer or any third party shall not exceed a credit equal to the price paid to Homeland Internet by Customer for the particular service(s) involved. Satisfaction of any claim is contingent upon receipt by Homeland Internet of notice from Customer within thirty (30) days of/from the alleged loss or damage is known to Customer. Failure to provide notice shall relieve Homeland Internet from any and all liabilities on any such claim.
2. FORCE MAJEURE
Homeland Internet shall not be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitations: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies or third parties; any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing or boycotts; inability to secure raw materials, transportation facilities, or fuel or energy shortages, or acts or omissions of other common carriers.
3. PAYMENT
If payment is made with other than credit card, Homeland Internet will invoice Customer up to 10 days prior to the commencement of services and/or renewal of such services (monthly, quarterly, semi-annually, or annually). Customer agrees to make payment to Homeland Internet within 10 days from the date of Homeland Internet's invoice. Customer's failure to make timely payment to Homeland Internet shall be a breach of this Agreement and may subject Customer to immediate termination, as provided herein, and/or suspension of services. Unpaid balances will result in a late payment charge of $30 and an interest charge of one and one half percent of the outstanding balance for each month or portion thereof (18% per annum) for which the balance remains.
Homeland Internet may assign unpaid late balances to a collection agency for appropriate action. In the event legal action is necessary to collect on balances due, Customer agrees to reimburse Homeland Internet for all expenses incurred to recover sums due, including attorney fees and other legal expenses.
4. TERMINATION
If this agreement is a month-to-month basis, Customer may terminate this Agreement at anytime and for any reason with 30-day prior written or electronic (e-mail) notice to Homeland Internet. If this Agreement is on a quarterly, semi-annual, or annual basis, Customer may terminate this agreement at the end of the each quarterly, semi-annual, or annual period (as applicable) by giving prior written or electronic (e-mail) notice to Homeland Internet. Customer shall make full payment for all services provided up through the date of termination. No refund will be made by Homeland Internet to Customer for any "unused" period.
Homeland Internet may terminate this Agreement if Customer breaches the terms of the Agreement and such breach is not cured to the satisfaction of Homeland Internet within 5 days of Homeland Internet's written or electronic (e-mail) notice to Customer, and all data stored in the Customers account will be discarded. Homeland Internet may terminate this Agreement, and the account(s) provided hereunder, immediately and without notice to Customer if the services provided hereunder are being misused, used improperly, or used for illegal purposes.
5. SECURITY
Customer is responsible for the protection of Customer's account and data. The Internet is not a secure system. Data can be, and very often is, viewed by third parties. Private or confidential information should not be placed on the system. Homeland Internet denies any responsibility for the security of Customer's account and the data stored in Homeland Internet's facilities.
6. CONTENT
Except for the requirements or restrictions conferred under this Agreement, Homeland Internet does not monitor, regulate or control the users of its systems or the content of the information passing through its systems. You are warned that some information you receive may be offensive or, on occasion, obscene, and perhaps not suitable for some members of your household. If you are offended by certain language or expression of certain ideas, you acknowledge that you have read this warning and will not hold Homeland Internet responsible for any language, expressions, thoughts or discussions which may be part of information viewed by you on the Internet, or anyone viewing Internet information related to Customer's account.
The Customer agrees that all services provided by Homeland Internet shall be used in a lawful manner and Customer will not violate any federal, state, local or foreign law, including the trademarks, copyrights, and trade secrets of third parties. Homeland Internet reserves the right to remove any information, data, software or materials from its systems that are in violation of the aforementioned policies or that appears to be threatening to any third party. Use of any software, data or information obtained by Customer through the services of Homeland Internet is at Customer's own risk.
Homeland Internet asserts that it values the First Amendment to the Constitution of the United States of America.
7. RIGHT TO PRIVACY
Homeland Internet respects Customers reasonable rights to privacy. However, if during Homeland Internet's normal systems operations and maintenance, any illegal or criminal activity comes to our attention, Homeland Internet is required by law to report such criminal activity. This applies particularly to software piracy. If Homeland Internet finds commercial software stored on our system, Homeland Internet will report it and immediately terminate your service. Homeland Internet will cooperate in any way to assist in law enforcement actions.
8. EXPORT RESTRICTIONS AND LOCAL LAWS
Customer assures Homeland Internet that it will not use the services provided by Homeland Internet to export any software or technology prohibited by Section 77l.2(c) of the U.S. Department of Commerce Export Administration Regulations. Customer shall be exclusively responsible at Customers own expense for compliance with all local laws relating to the export/import of any software or technology in the countries in which Customer transmits or communicates such software or technology. Customer shall indemnify and hold Homeland Internet harmless from any claim, loss, cost, fine or expense, including reasonable attorney's fees, arising out of Customer's breach of any provision in this article.
9. TERM
This Agreement shall commence on the date services and/or a connection are first made available to Customer by Homeland Internet and shall remain in force for the period specified in this Agreement, unless earlier terminated by either party as provided herein. This Agreement shall automatically renew for successive periods upon payment of the applicable renewal fees by Customer.
10. WARRANTIES
Homeland Internet makes no warranties of any kind, whether written or oral, expressed or implied. HOMELAND INTERNET DISCLAIMS ALL WARRANTIES RELATING TO THE SERVICES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Homeland Internet shall have no responsibility for the accuracy or quality of the materials, software or other information obtained by Customer through the use of the services provided by Homeland Internet. Customer acknowledges and agrees that Homeland Internet does not maintain one telephone line and/or one modem port and/or one access point for every customer of Homeland Internet, and Customer further acknowledges and agrees that Customer may get unlimited busy signals when attempting to connect to Homeland Internet, and Customer further acknowledges and agrees that Customer's sole remedy for unlimited busy signals shall be that the Customer may terminate this Agreement.
11. CHANGES IN SERVICES AND FEES
Homeland Internet reserves the right to revise or modify any of its services, terms and conditions, and/or fees at any time and without notice. It is intended that changes that are applicable to Customer shall be effective at the end of Customer's monthly, quarterly, semi-annual or annual renewal period (s). Some unusual changes that are applicable to Customer may be effective during Customer's monthly, quarterly, semi-annual or annual renewal period (s).
12. TRAINING AND/OR OTHER SERVICES
Any training, services or assistance requested by Customer but not currently a part of this Agreement will be provided by Homeland Internet outside this Agreement.
13. APPLICABLE LAW
This agreement shall by the laws of the State of California and the County of Santa Clara, without regard to its conflict or choice of law provisions. Customer acknowledges and agrees that California Courts have jurisdiction over this agreement and that Santa Clara County is an appropriate place for venue of any litigation.
14. ASSIGNMENT
Customer's obligations under this Agreement are not assignable by Customer without prior written approval of Homeland Internet. Customer agrees not to provide and/or resell, to any third party, any of the services provided by Homeland Internet under this Agreement.
15. ATTORNEY FEES
In any action or proceeding between the parties to enforce any of the terms of this Agreement, the prevailing party shall be entitled to recover expenses, including reasonable attorney's fees.
16. GENERAL
a) All rights and remedies conferred under this Agreement and by any other instrument or law shall be cumulative and may be exercised singularly or concurrently. Failure by either party to enforce any contract term shall not be deemed a waiver of future enforcement of that or any other term. The provisions of this Agreement are declared to be severable.
b) Customer agrees to abide with the terms and conditions of this Agreement and to the restrictions, rules, or regulations imposed by other parties or services connected directly or indirectly to Homeland Internet systems. Further, Customer agrees to abide with the Acceptable Use Policies as established and/or modified by Homeland Internet, Usenet and the Internet as a whole which expressly prohibits commercial solicitation or "spamming". Homeland Internet will immediately terminate Customer's account if Customer is sending unsolicited email.
c) Customer acknowledges that the Internet may provide access to programs that are not desirable and may cause damage to Customer's data, such as worms, trojans, viruses, etc. Customer further acknowledges that Homeland Internet does no checking for these deleterious programs and that any screening will be the responsibility of the Customer. Customer agrees not to introduce any of these potentially damaging agents into Homeland Internet's systems and into the Internet, or Customer's account will be immediately terminated.
Customer further agrees to hold Homeland Internet harmless from any damages caused to anyone's computer caused by potentially damaging agents obtained as a result of Customer's account with Homeland Internet. Customer further agrees to hold Homeland Internet harmless, and to indemnify Homeland Internet for any damages, claims, loss, fine, cost or expense, including reasonable attorney's fees, resulting from any potentially damaging agents put into Homeland Internet's system, or the Internet, by the Customer, knowingly or unknowingly.
d) Homeland Internet reserves the right to refuse service to any Customer or potential Customer at its sole discretion. At its sole discretion, Homeland Internet may choose to terminate Customer's account at any time.
e) If any portion of this Agreement is found to be invalid or unenforceable, the parties agree that the remaining portions shall remain in effect. The parties further agree that in the event such invalid or unenforceable portion is an essential part of this Agreement, they will immediately begin negotiations for a replacement.
f) Customer is responsible for any/all communication charges that are incurred when calling the Homeland Internet computer system.
g) Homeland Internet reserves the right to terminate Customer's connection after 10 minutes of inactivity.
h) Customer may store up to its agreed-upon disk storage space. Homeland Internet reserves the right to erase files in Customer's directory to keep Customer within this limit. Erasure of such files will be at random, selected by Homeland Internet. Any important information should not be stored on the Homeland Internet System.
i) If Customer accesses other networks through Homeland Internet, Customer must comply with all rules and regulations associated with each network.
j) Homeland Internet offers what may be described as "interactive access". You must be at your computer when using our service. You must not run e-mail checks, ping programs, pong programs, server programs, bots, FTP servers, eggdrop, redial scripts, chats, chat scripts, chat servers, or any program or procedure that defeats or attempts to defeat our inactivity disconnect timer. At our discretion, Homeland Internet may choose to terminate your account at any time. Customer agrees to abide with the Homeland Internet Terms of Service (TOS) as established and/or modified at any time by Homeland Internet.
k) The section headings in this Agreement are inserted for convenience only and are not intended to affect the meaning or interpretation of this Agreement.
l) This Agreement constitutes the entire Agreement between Customer and Homeland Internet. This Agreement supersedes and terminates any prior oral or written agreement between the parties hereto, except with respect to any trade indebtedness or not which may be owing by either Customer or Homeland Internet to the other. Except as otherwise expressly provided herein, this Agreement may not be varied, amended, or supplemented except by written instrument executed by both parties hereto concurrently with or after the execution of this Agreement, except as to any notice given under the Termination Article hereof.
This Agreement is not effective until signed on behalf of both parties. Customer's use of the services provided hereunder shall constitute acceptance of these Terms and Conditions.
m) Notices and other communications shall be transmitted in writing by Certified U.S. Mail postage prepaid and shall be effective four days after the mailing date. To Homeland Internet: Homeland Internet, 2530 Berryessa Road #614, San Jose, CA 95132, Attn: Sales. To Customer: As set forth below.
