Terms of Service
GROSSMONT DESIGNS TERMS OF SERVICE AGREEMENT
INTRODUCTION. This Terms of Service Agreement ("Agreement") establishes the terms and conditions for the use of all types of Internet access accounts and the services available through those accounts (herein collectively, "Services") offered by Grossmont Designs. Submittal of the Grossmont Designs online account application or any services available to you by Grossmont Designs constitutes your acknowledgement of receipt and agreement of this Agreement which supersedes all previous representations, understandings or agreements. Grossmont Designs reserves the right to amend, modify, revoke, or cancel this Agreement, pricing, or services at any time without notice.
DEFINITIONS. Grossmont Designs, will provide Services on its systems to you in exchange for recurring payment of subscription fees and full compliance with this Agreement. As used in this Agreement, "you" or "your" refers to the person(s) subscribing to or using these Services (including others you permit to use these Services); "we", "us" or "our" refers to Grossmont Designs, in its sole or separate capacities, and any agent, independent contractor, designee, or assignee that may, in its discretion, involve in the provisioning of these Services.
HEADINGS. The section headings used in this Agreement are for convenience only and shall not be held to limit or affect the terms of this Agreement.
DISCLAIMER OF LIABILITY. Grossmont Designs makes no warranties of any kind, expressed or implied, for Services provided. Grossmont Designs disclaims any warranty of merchantability or fitness for a particular purpose. Grossmont Designs exercises no control over the content of the information passing through its systems. Use of Grossmont Designs, software, or any information obtained via Grossmont Designs or stored on Grossmont Designs equipment is at your own risk. Grossmont Designs is not responsible for any damage suffered from the direct or indirect use of its Services by you or any third party, including but not limited to damages or expenses due to loss of data resulting from delays, nondeliveries, misdeliveries or interruptions caused by its own negligence or errors or omissions, or damage to your personal computer, modem, telephone or other property resulting from your use of these Services.
HOLD HARMLESS. You shall indemnify and hold harmless Grossmont Designs, its officers, directors, employees, successors, and assigned from and against any and all claims, demands, liabilities, causes of actions, complaints, awards and/or judgments for damages of any type and kind of any third party or entity which may arise or are connected with your use of these Services and/or the terms of this Agreement. This indemnification and hold harmless provision shall survive and be in full force and effect subsequent to the termination of this Agreement.
ATTORNEY'S FEES. In any action, at law or inequity including arbitration, or mediation, which is commenced to either enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to recover its reasonable attorney's fees and court costs from the other party. The right of the prevailing party to recover said fees shall survive and be in full force not withstanding the termination of this Agreement.
RESTRICTIONS. Services provided for Personal Accounts are for student or home entertainment purposes only and may be suspended or terminated if used for any other reason, including but not limited to support of a business or organization. These Services may only be used for lawful purposes. Transmission or storage of material in violation of federal, state or local regulation is prohibited, including but not limited to material that is: copyrighted, judged to be threatening, compromises security or privacy, or protected as a trade secret. Grossmont Designs, at its discretion, reserves the right to remove or modify any material deemed in violation of these restrictions.
WAIVERS. No delay or omission by us in exercising any rights or remedies under this Agreement shall impair such right or remedy or be construed as a waiver of any such right or remedy. Any single or partial exercise of any other right or remedy shall not preclude further exercise of that right or remedy or the exercise of any other right or remedy. No waiver shall be valid unless it is in writing and signed by us.
ACCEPTABLE USE. Use of these Services is subject to existing regulations and any future changes in those regulations. By using these Services after the effective date of any change or amendment, you agree to that change or amendment. We reserve the right to refuse the Service to anyone at any time for any reason. You agree to comply with the rules and restrictions of any network or service you access via Grossmont Designs, including but not limited to the Acceptable Use Policies for Usenet, and electronic mail, in which both formats expressly prohibit unsolicited advertising and abuse of network resources.
Should Grossmont Designs in its sole discretion deem that you or any other party using your account is in violation of Acceptable Use under this Agreement, your account will be terminated and you will be subject to maximum penalties under applicable state and federal laws. As provided in United States Code Title 47 Section 227(b)(1)(C), Grossmont Designs will exercise action against you for liquidated damages of at least five-hundred dollars ($500) for each electronic message initiated or delivered in violation of Acceptable Use in which you fully recognize "telephone facsimile machine" to mean any computing device capable of transmitting or receiving information in electronic format, such as a computer and modem. Further, as provided in California State Law Section 17538.45(f)(1), in addition to any other action available under law, Grossmont Designs will pursue civil action against you to recover actual monetary losses suffered by Grossmont Designs, or liquidated damages of fifty dollars ($50) for each electronic mail message initiated or delivered in violation under this heading, up to a maximum of twenty-five thousand dollars ($25,000) per day, whichever amount is greater.
PAYMENT OBLIGATIONS. Upon opening your account, any applicable non-recurring charges ("NRCs") and monthly recurring fees ("MRCs"), must be paid in full prior to Service activation. If Service is activated after the first of the month, the MRC will be pro-rated. Grossmont Designs will issue you a monthly statement at the beginning of each month and will include the upcoming month's recurring charges as well as any NRCs that may have been incurred in the previous month. Grossmont Designs must receive payment no later than 30 days from the date your statement is issued ("Due Date"). Any portion of the statement not paid in full by the Due Date will be considered overdue and incur a penalty ("Late Payment Fee") of 1.5% per month (0.050% per day), or the maximum amount permitted by law, until the statement is paid in full. Overdue accounts are subject to suspension and possible termination. You are liable to Grossmont Designs for all fees and expenses, including reasonable attorney's fees, Grossmont Designs incurs to collect, or attempt to collect, charges owed by you to Grossmont Designs.
SUSPENSION. In the event your account requires suspension, Grossmont Designs shall cease providing all Services, with or without notice, during which time Internet access and/or any other services provided by Grossmont Designs shall be denied and rendered unavailable. Grossmont Designs shall no longer collect, store, and/or deliver any new or existing data for your account, including but not limited to electronic mail and files placed on Grossmont Designs equipment. Suspension does not relieve you from paying ongoing and/or past due charges. Account reactivation shall incur no less than a ten dollar ($10) service charge and may require more than twenty-four (24) hours before any Services are restored. Accounts suspended for more than thirty (30) days are subject to termination.
TERMINATION; CANCELLATION. Grossmont Designs reserves the right to terminate an account at any time should you breach any provision of this Agreement, and may terminate an account for any reason with thirty (30) days prior written notice. In the event you wish to terminate, notice must be delivered in writing via electronic mail, US Mail, or FAX. ONLY A WRITTEN REQUEST TO TERMINATE YOUR SERVICE RELIEVES YOU OF YOUR OBLIGATION TO PAY FURTHER ACCOUNT CHARGES. IT DOES NOT RELIEVE YOU OF PAST OBLIGATIONS AND CHARGES. Fees paid in advance are non-refundable, except for business accounts closed within 30 days of establishment, excluding any non-recurring charges.
ALTERATIONS. This Agreement may not in any way be altered by you without express written consent by us. Any attempt by you to alter this Agreement without our express written consent shall be void and shall have no legal effect. You hereby agree to indemnify and hold us harmless from and against any and all claims, losses, liabilities, penalties, expenses and any or other damages (including without limitation reasonable attorney's fees) directly or indirectly resulting from, relating to or arising in connection with any successful or unsuccessful attempt by you to alter this Agreement without our express written consent.
ASSIGNMENT. You may not assign this Agreement, or any of your rights or responsibilities under this Agreement, to any other party. We may assign this Agreement and any or all of our rights and/or responsibilities under this Agreement, or delegate any or all of such rights and responsibilities, to any third party or parties.
GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the state of Texas without regard to that state's conflict of laws provisions. The proper venue to resolve any and all disputes under the terms of this Agreement is San Antonio, TX.
SEVERABILITY. If any provision of this Agreement is determined to be void or invalid, the remainder of this Agreement, as the case may be, shall remain in full force and effect.