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SERVICE AGREEMENT 1. The WolfeNet/Accretive Networks Service (the "Service") consists of the computing and communications services, software, databases, data, information and all other material (collectively "Information") available through WolfeNet/Accretive Networks ("WolfeNet"). These terms and any Acceptable Use Policies ("AUP") published over the Service from time to time by WolfeNet constitute the entire agreement (collectively "Agreement") between WolfeNet and Customer with respect to the Service and supersede all other communications. 2. Upon notice published over the Service, WolfeNet may at any time and with no prior notice to any Customer or User of the Service modify this agreement, the AUP or prices. WolfeNet may also discontinue or revise any aspects of the Service at its sole discretion and without prior notice. 3. Unless otherwise agreed, the Customer's right to use the Service or to designate users is not transferable and is subject to any limits established by WolfeNet, or by Customer's credit card company if billing is through a credit card. The Service is a Private Membership System. As such, WolfeNet reserves the right to refuse any applications, or cancel any membership with a full refund of unused fees, with the exception of setup fees, at its sole discretion. Should WolfeNet suspend or terminate the Service pursuant to this agreement, the Subscriber has no right to any data stored and WolfeNet will be under no obligation to make such data or any copies of it available to subscriber in any form whatsoever. Should this agreement terminate for any reason whatsoever, Subscriber data stored on WolfeNet's facilities will be explicitly erased without prior notification. 4. Any means of identification assigned to you by WolfeNet (including usernames and email addresses) will remain the property of WolfeNet and may be altered or replaced at WolfeNet's sole discretion at any time. 5. Customer agrees to indemnify WolfeNet against liability for any and all use of customer's account. 6. Except for software provided by WolfeNet, the Customer is responsible for providing and maintaining all equipment, services and other software necessary to access the Service. 7. CUSTOMER EXPRESSLY AGREES THAT USE OF THE SERVICE, WHICH INCLUDES THE CONTENTS THEREOF AND ANY STORAGE OR USE OF INFORMATION, IS AT CUSTOMER'S SOLE RISK. NEITHER WOLFENET NOR ANY OF ITS INFORMATION PROVIDERS, LICENSORS, EMPLOYEES, OR AGENTS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES WOLFENET OR ANY OF ITS INFORMATION PROVIDERS, LICENSORS, EMPLOYEES, OR AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE. THE SERVICE IS DISTRIBUTED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE WITH RESPECT TO THE SERVICE OR INFORMATION. NEITHER WOLFENET NOR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICE OR INABILITY TO USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY. THE PROVISIONS OF THIS SECTION 7 WILL SURVIVE ANY TERMINATION OF THIS AGREEMENT. 8. Neither Customer nor its designated Users may reproduce, redistribute, retransmit, publish or otherwise transfer, or commercially exploit, any proprietary information which they receive through the Service except in writing and signed by a duly authorized representative of WolfeNet. 9. The provisions of Paragraph 7 and 8 are for the benefit of WolfeNet and its Information Providers, Licensors, Employees, and Agents; and each shall have the right to assert and enforce such provisions directly on its own behalf. 10. This agreement is, and shall be governed by and construed in accordance with the law of the State of Washington applicable to agreements, made and performed in Washington. Any cause of action of Customer or its designated Users with respect to the Service must be instituted within one year after the claim or cause of action has arisen or be barred. 12. If you believe that WolfeNet has billed you in error, you must contact the Customer Care Department within 60 days of the invoice or transaction date of the charge. Refunds or adjustments will not be given for any charges which are more than 60 days old. 13. WOLFENET IS NOT RESPONSIBLE FOR ANY LONG-DISTANCE OR TOLL CHARGES INCURRED BY YOU THROUGH YOUR USE OF THE SERVICE. YOU ARE SOLELY RESPONSIBLE FOR ALL TELECOMMUNICATIONS CHARGES INCLUDING LOCAL AND LONG-DISTANCE TELEPHONE CHARGES FOR CONNECTION TO THE SERVICE BY YOU AND BY THOSE WHO ACCESS THE SERVICE THROUGH YOUR ACCOUNT. 14. Cancellations must be directed to the Customer Care Department and made by the following methods only: email cancellation to custservice@wolfe.net, or telephone our Customer Care Department directly. Your termination will only be complete upon your receipt of a confirmation cancellation number from WolfeNet. Charges to your account will stop accruing on the specified date of termination, which will be at the end of the current cycle of service.WolfeNet does not issue pro rata fee refunds. Customers who cancel new accounts within 24 hours of creation will receive a refund of unused access fees. Setup fees are non-refundable. If the Customer fails to properly cancel the Service, the maximum refund allowed will be two (2) months. 15. Termination of the Service does not release you from the obligation to pay all accrued charges under this Agreement. 16. WolfeNet reserves the right to sell your Service to another Internet Service Provider. 17. This Agreement, and any AUP published by WolfeNet over the Service from time to time, contains the full understanding of the parties with respect to the subject matter hereof. As set forth previously in Sections 1 and 2 above, WolfeNet may modify or alter the terms of this Agreement and any AUP at its sole discretion and without prior notice to User or Customer. No waiver, alteration, or modification of any of the provisions hereof by User or Customer shall be binding on WolfeNet unless in writing and signed by duly authorized representatives of the parties. Neither the course of conduct between parties nor trade practices shall act to modify the provisions of the Agreement. 18. Customer agrees that Customer may be liable for any damage to WolfeNet, WolfeNet's equipment, or WolfeNet's system that is associated with the delivery of the Service, as well as any damage to other third parties, in the event Customer engages in any conduct that is commonly referred to as spamming, mass e-mailing, junk e-mailing, "mail-bombing", "news-bombing" or automated bulk mailing of messages, content, or communications by use of the WolfeNet Service provided under this Agreement. WolfeNet |
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