GS Internet

"INTERNET SERVICE AGREEMENT"

1. INTRODUCTION 
By using this Internet service ("Service") or by establishing an account, you agree to be bound by this Agreement and to use the Service in compliance with this Agreement, our Acceptable Use Policies and all other use policies (collectively, the "Terms of Service"). If you do not agree to the Terms of Service, including any future revisions, you may not use the Service, and if you have an account you must terminate it as provided herein. We, your Internet service provider ("GSInternet"), reserve the right to revise the Terms of Service and you accept sole responsibility for periodically reviewing them for any and all changes. Your continued use of this Service following the posting of any revisions to the Terms of Service constitutes your acceptance of those revisions.

2. SUBSCRIBER OBLIGATIONS 
(A) End users establishing an account with the GSInternet ("Members") must be at least 18 years old. Local access dialup numbers may not be available in all areas. You are solely responsible for determining if use of a particular dialup number will cause you to incur long-distance, toll, or other charges. GSInternet is not responsible for any long-distance, toll or other charges you incur. 
(B) Members must (i) provide GSInternet with accurate and complete billing information including legal name, address, telephone number, and credit card/billing, and (ii) report to GSInternet all changes to this information within 30 days of the change. Members are responsible for all charges to their account. 
(C) Members are billed each month for the basic service and any additional usage or services. Members are responsible for paying all charges billed to their account in the manner and method prescribed on their invoice. GSInternet is not responsible for any charges or expenses (overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by GSInternet. 
(D) If GSInternet has failed to pay any underlying service provider all amounts owing for your account - whether or not you have paid GSInternet- your account will be subject to suspension or cancellation until you or GSInternet has paid all amounts due. 
(E) Delinquent accounts may be suspended or canceled at GSInternet's sole discretion; however, charges will continue to accrue until the account is canceled. GSIntenet may bill an additional charge to reinstate a suspended account.

3. MEMBER'S ACCOUNT, PASSWORD AND SECURITY 
Members receive a user name, password and account designation upon registration. You and members of your household are the only authorized users of your GSInternet account and must comply with this Agreement. You must keep your password confidential so that no one else may access the Service through your account. You must notify GSIneternet within 24 hours of discovering any unauthorized use of your account. Using a personal account for high volume or commercial use (e.g., revenue generation, advertising, etc.) is prohibited. Email accounts exceeding 10MB in size may, at GSinernet's discretion, be transferred to a compressed temporary file or storage. GSInternet may delete the temporary file from the server 60 days after notifying you. Any Member Web site exceeding 10MB of disk space or 250MB of data transfer will be billed for excess usage. You may establish a commercial or high-volume account by the GSInternet. Usernames, passwords and email addresses are GSInternet's property and GSInternet may alter or replace them at any time.

4. MONITORING THE SERVICE 
GSInternet has no obligation to monitor the Service, but may do so and may disclose information regarding the use of the Service for any reason if GSInternet, in its sole discretion, believes that it is reasonable to do so, including but not limited to: satisfy laws, regulations, or governmental or legal requests; operate the Service properly; or protect itself and its Members. GSInternet may immediately remove your material or information from GSInternet's servers, in whole or in part, which GSInternet, in its sole and absolute discretion, determines to infringe another's property rights or to violate our Acceptable Use Policy.

5. DISCLAIMER OF WARRANTIES EXCEPT FOR CERTAIN PRODUCTS AND SERVICE SPECIFICALLY IDENTIFIED AS BEING OFFERED BY GSINTERNET. GSINTERNET DOES NOT CONTROL ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICE ON THE INTERNET. THE INTERNET CONTAINS UNEDITED MATERIALS, SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. GSINTERNET HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY FOR SUCH MATERIALS. YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THE SERVICE AND THE INTERNET AND ARE SOLELY RESPONSIBLE FOR EVALUATING THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL SERVICE, PRODUCTS, AND OTHER INFORMATION, AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE PROVIDED THROUGH THE SERVICE OR THE INTERNET. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. GSINTERNET DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES, OR OTHER HARMFUL COMPONENTS. GSINTERNET MAKES NO EXPRESS WARRANTIES AND WAIVES ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH GSINTERNET OR THE INTERNET GENERALLY. NO ADVICE OR INFORMATION GIVEN BY GSINTERNET OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY.

6. LIMITATION OF LIABILITY 
UNDER NO CIRCUMSTANCES SHALL GSINTERNET, EMPLOYEES, SUBSIDIARIES, ITS LICENSORS OR ANY UNDERLYING SERVICE PROVIDER BE LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OR INABILITY TO USE THE SERVICE OR THE INTERNET INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ONCONTRACT, TOTRT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF GSINTERNET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, GSINTERNET'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

7. INDEMNIFICATION 
Upon a request by GSInternet, you agree to defend, indemnify, and hold harmless GSInternet and its subsidiary and other affiliated companies, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of this site. GSInternet reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with GSInternet in asserting any available defenses.

8. SOFTWARE LICENSE 
GSInternet grants to each Member a limited, non-exclusive, non-transferable and non-assignable license to install and use the GSInternet access software (including software from third-party vendors that GSInternet distributes) (in object code format), its associated documentation, and any updates thereto ("Licensed Programs") in order to access and utilize the Service. Each Member agrees to use the Licensed Programs solely in conjunction with the Service and for no other purpose. GSInternet may modify the Licensed Programs at any time, for any reason, and without providing notice of such modification to a Member. The Licensed Programs constitute confidential and proprietary information of GSInternet and GSInternet's licensors and embody trade secrets and intellectual property protected under United States copyright laws, other laws, and international treaty provisions. All right, title, and interest in and to the Licensed Program, including associated intellectual property rights, are and shall remain with GSInternet and GSInternet's licensors. Member shall not translate, decompile, reverse engineer, distribute, remarket or otherwise dispose of the Licensed Program or any part thereof. You may not download, use or otherwise export or re-export the Licensed Programs or any underlying information or technology except in full compliance with all United States and other applicable laws and regulations. By installing or downloading the Software, you represent and warrant that you are not located in, under the control of or a national or resident of any country on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders.

9. WEBSITE USAGE and OTHER WEB SITES 
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because GSInternet has no control over such sites and resources, you acknowledge and agree that GSInternet is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that GSInternet shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. Some portions of the Website are made available for the free exchange of ideas by participants and are not regularly monitored nor moderated by GSInternet. GSInternet assumes no responsibility and makes no warranty that it will undertake to screen or remove such material. You agree to hold GSInternet harmless from all claims based upon the materials posted by others. Also, in exchange for availing yourself of the opportunity to upload or provide information to this site and any associated chat rooms or discussion areas, you will indemnify GSInternet from any claims made by third parties regarding the material that you provide. Personal information posted by you to the Website is posted at your own risk. GSInternet will have no liability arising from use of that information. You shall not use the Website to distribute or publish any advertising of goods or services, solicitations for funds, or other commercial messages. You agree that you will not post, upload or otherwise introduce a virus or other harmful code onto the Website. Your posting of material on the Website or providing material to GSInternet to use on the Website, will be deemed to be a grant by you to GSInternet of a perpetual, non-revocable, worldwide, non-exclusive license to the material to include the material on the Website and to reproduce, publish, distribute, perform, display, and transmit the material and to prepare derivative works as reasonably necessary to do so, and you waive all rights of attribution and integrity with respect to the material.

10. TERM OF AGREEMENT 
Continued use of the Service constitutes acceptance of this Agreement and any future versions. If you are dissatisfied with the Service or any related terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the Service and, if you are a Member, to terminate your account.

11. TERMINATION 
GSInternet reserves the right, in its sole discretion, to terminate your account, your password and your use of the Service, with or without notice. You may terminate your account at any time and for any reason by providing notice of intent to terminate to GSInternet by: * telephone calls directed to Customer Service. * registered or certified mail, return receipt requested addressed to GSInternet. Email termination of your basic Internet access account will not be accepted. If your account included space on GSInternet's servers, anything stored on this space will be deleted upon termination. Section 2, the third paragraph of Section 3, and Sections 5, 6, 7, 12 and 13 of this Agreement shall survive termination of this Agreement.

12. THIRD PARTY BENEFICIARY 
YOU AGREE THAT ANY UNDERLYING SERVICE PROVIDER OF GSINTERNET'S SERVICE IS A THIRD-PARTY BENEFICIARY OF THIS AGREEMENT AND AS SUCH IS ENTITLED TO ALL THE RIGHTS AND PROTECTIONS AFFORDED BY THIS AGREEMENT TO GSINTERNET DESCRIBED HEREIN.

13. MISCELLANEOUS 
This Agreement, the Acceptable Use Policy, the Privacy Policy, and GSInternet's other user policies posted on GSInternet's website constitute the entire agreement between you and ISP with respect to your use of the Service. GSInternet may revise, amend, or modify this Agreement, the Acceptable Use Policy and any other user policies, at any time and in any manner. Any revision, amendment, or modification will be effective immediately after GSInternet posts it at website for the policy. This Agreement is governed by the law of the state in which GSInternet operates its main office without regard to conflict of law provisions. The federal and state courts located in said state alone have jurisdiction over all disputes arising out of or related to this Agreement and the Service. You consent to the personal jurisdiction of such courts sitting in said state with respect to such matters or otherwise between you and GSInternet, and waive your rights to removal or consent to removal. Ver. 04/2002

up]

[scroll down]