1) Georgia Business Net, Inc. exercises no control whatsoever over the content of the information passing through it.
2) Georgia Business Net, Inc. makes no warranties of any kind, whether expressed or implied, for the service it is providing. Georgia Business Net, Inc. also disclaims any warranty of merchantability or fitness for a particular purpose. Georgia Business Net, Inc. will not be responsible for any damage subscriber may suffer unless caused by Georgia Business Net, Inc.. This includes, but is not limited to loss of data resulting from delays, non-deliveries, misdeliveries, or service interruptions.
3) Georgia Business Net, Inc. and the Internet may only be used for lawful purposes. Transmission of any material in violation of any US or state regulation is prohibited. This includes, but is not limited to: copyrighted material, threatening or obscene material, or material protected by trade secret. Subscriber agrees to indemnify and hold harmless Georgia Business Net, Inc. from any claims resulting from Subscriber's use of the Georgia Business Net service, which damages Subscriber or another party and is not caused by Georgia Business Net, Inc.
4) Any access to other networks through Georgia Business Net, Inc. must comply with the rules appropriate for that other network.
5) Use of any information obtained via the Georgia Business Net, Inc. communications service is at Subscriber's own risk. Georgia Business Net, Inc. specifically denies any responsibility for the accuracy or quality of information obtained through its services.
6) Monthly payments shall be paid for each month on the first day of each month in advance. Payments not received within 5 days of the due date thereof shall be grounds for the interruption of the Subscriber service. Such interruption does not relieve Subscriber from the obligation to pay the monthly account charge. If Subscriber's payment is returned to Georgia Business Net, Inc. unpaid Subscriber is immediately in default and subject to a returned check charge of $25.00 from Georgia Business Net, Inc. In the event of interruption of service because of non-payment or other breach of this contract, Subscriber may also be liable for termination charges or reconnection charges billed to Georgia Business Net, Inc. by its telephone company provider.
7) Accounts in default are subject to a late payment charge of 5% of the payment if not paid by the 5 th day of the month and an interest charge of 1.5% per month on the outstanding balance. If Subscriber's state does not allow the interest rate or late charge set forth herein, the maximum allowable rate for that state will be charged.
8) The UNIX software and configuration of the Subscriber's Georgia Business Net, Inc. machine (if one is installed) will remain the property of Georgia Business Net, Inc. All custom configuration script files are copyright of Georgia Business Net, Inc. Subscriber agrees to return the software upon termination of the contract.
9) Georgia Business Net, Inc. will provide Internet access to the Subscriber and to the Subscriber only. Subscriber may not provide Internet access to any other entity or person through its connection with Georgia Business Net, Inc. Any resale of this Internet access or web or email hosting or domain hosting by the Subscriber (except for Subscribers own use) or by any other entity using the Subscriber's Internet access or the Georgia Business Net, Inc. machines is strictly prohibited.
10) These Terms and Conditions supersede all previous representations, understandings or agreements and shall prevail notwithstanding any variance with terms and conditions of any order submitted.
11) Use of the Georgia Business Net, Inc. system or your signing this Service Agreement constitutes acceptance of these Terms and Conditions.
12) Notice to the Subscriber and to Georgia Business Net, Inc. shall be given to Subscriber at the
address set forth above. Each party by written notice to the other, may change the address for notice to be given by the other.
13) Time is of the essence to this Agreement
14) Communications to Georgia Business Net, Inc. concerning disputed debts, including an instrument tendered as full satisfaction of a debt, are to be sent to a Georgia Business Net, Inc. P.O. Box 211006, Augusta, GA 30917, Attn: Clay Colvin-disputed debt. Subscriber agrees that invoices, statements, and recurring charges are considered final and correct if no notices of dispute have been received and acknowledged by GABN within 90 days of invoice date.
Integrated Long Distance Services General Terms & Conditions:
Tier 1 RBOC / Wireless / Tier 2 or 3 "Rural" Thresholds for Flat Rate Charges related to Integrated Long Distance Plans: All flat-rate per-minute rates (Interstate LD, Intrastate LD) assume at least 90% of calls terminate on either an Tier 1 RBOC or Tier 1 Wireless PSTN providers. If this threshold is not met, Georgia Business Net and/or our affiliates reserve the right to charge an increased per minute rate to meet this threshold and recover additional underlying carrier costs.
If 5% or more of Subscriber's completed calls are equal to or less than six (6) seconds in length during any billing cycle then Georgia Business Net and/or our affiliates reserve the right to charge, and Customer shall pay, a $0.06 charge per short duration call. This charge will be in addition to Subscriber's current rates and recover additional underlying carrier costs.
Georgia Business Net, Inc. and/or our affiliates reserve the right to change the rates and otherwise modify these terms and conditions at the end of the initial term and all renewal terms thereof. In the event, the telephone provider changes its rate on this service; any increase in costs may be passed on to the Subscriber immediately without notice. In the event sales tax is charged on this service, sales tax can be added to the Subscriber's bill without notice.
Co-location Accounts Additional General Terms & Conditions:
Subject to a term commitment based on your pricing, service requirements and arrangements made with your signed GABN agreement.
It is up to the subscriber to be aware of their website traffic by utilizing a web stats tool or request statistics from a GABN representative. Any usage used over your allotted bandwidth plan will be subject to overage charges. Bandwidth overage are available upon request.
Subscriber agrees that your use of our services is solely at your own risk. You agree that such Service(s) is provided on an "as is," "as available" basis. GABN expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. GABN makes no warranty that the Services will meet your requirements, or that the Service(s) will be uninterrupted, timely, secure, or error free. This includes loss of data resulting from delays, and any service interruption caused by GABN employees. GABN will reasonable precautions to protect against failure of our equipment and software. The Subscriber acknowledges and agrees that temporary interruptions in service may occur, and that GABN shall have no liability for any claim, cost, charge, loss or expense arising from or relating to use of the service. The Subscriber acknowledges and agrees that data may be lost or corrupted in connection with use of the service. GABN may perform regular back-ups of some data stored on behalf of a Subscriber, but shall have no liability to customer in the event all data is lost or destroyed. The Subscriber acknowledges and agrees that in the event restoration of data from backup is necessary, it may take several days to complete such restoration of data and resume operation of the service.