1. INTRODUCTION.
This Agreement is between Excel.Net, Inc. located at 2103 Indiana Avenue, Sheboygan, WI 53081 (hereinafter called "Excel") and "Customer" as
noted at the bottom of Agreement. Excel provides access to the Internet
information and communication services. This service is accessed through the
use of a computer and additional communications hardware. Customer agrees to
all terms and conditions outlined below.
2. DEFINITIONS.
The terms below will be used throughout Agreement to differentiate levels of
service and will be interpreted as follows:
·
DIALUP: This refers to a method of
accessing the Internet using the public telephone system, typically using a
modem and telephone line.
·
WIRELESS: This will refer to
Residential, Small Business and Business Wireless Customers making connection
through our fixed wireless system.
·
DSL: This will refer to
Residential, Small Business and Business DSL Customers connecting by a DSL
circuit.
·
RESIDENTIAL: This refers to a Customer
that will use wireless/DSL equipment to access the Internet and the Excel
network..
·
SMALL BUSINESS: This refers to a
Customer that will use wireless/DSL equipment to access the Internet and the
Excel network.
·
BUSINESS: This refers to a
Customer that will use wireless/DSL equipment to access the Internet and the Excel
network.
3. TERM. The
initial term for Agreement will commence on the date of signup for Dialup
Customers and the installation date of the wireless access equipment or DSL
circuit for Wireless or DSL Customers. The initial term for Dialup access is
one (1) month and for Wireless or DSL Customers is twelve (12) months. Upon
completion of the initial term, service will be provided on a month by month
basis. Excel reserves the right to terminate the services of Customer for any
violation of the terms of Agreement. If Customer elects to terminate Agreement,
notice must be given in writing. The basic service fee will not be prorated for
the month of termination. Customer account will remain active until the end of
the current billing period. Wireless or DSL accounts terminated prior to
expiration of the initial term will be subject to a $200.00 disconnection fee
in addition to any other charges that have been incurred. Dialup Customers that
are on the annual plan will be billed at the monthly rate for the number of
months service received if contract is terminated before the end of the
contract year. Customer is required to pay all amounts in full to Excel within
thirty (30) days of termination. Accounts not paid within thirty (30) days will
be deemed delinquent and subject to collections. Customers on annual accounts due a refund will be mailed to the address on record within ten (10) business
days from the end of the month of termination. Credit balances on the account
at time of termination will be refunded only if credit amount exceeds $10.00.
Balances under $10.00 will not be refunded due to processing costs involved. Excel
shall not be held liable for any incidental or consequential damages that
result from the termination of Agreement.
4. DISCLAIMER.
Customer agrees use of the Internet is at Customer's sole risk. Excel does not
warrant the service will be error-free or uninterruptible and will not be
responsible for any damages Customer may incur as a result. The service is
distributed on an "as is” and "as available" basis without
warranties of any kind. Excel does not warrant that the services will be free
from viruses or other harmful components. Excel is not responsible for any of
the actions that Customer performs while using the service. Customer agrees to
hold Excel harmless from all claims resulting from Customer's violation of
state and federal laws, including but not limited to copyrighted material.
Excel is not responsible for the truthfulness, reliability or nature of content
available on the Internet.
5. LOGIN/PASSWORD.
Customer will be assigned a login and password with which Customer will use to
access the system, and will be responsible for all use of this service under
the assigned login and password.
6. ACCESS BILLING.
All billing information will be sent out via e-mail to the primary address for
the account. At the request of Customer statements can be e-mailed to an
alternate address. Excel does not provide paper billing. Payment for the basic
service is due in advance. Excel agrees to provide Customer with one of the
base packages listed at the bottom of this section based on Customer's
selection. Prices listed do not include applicable taxes and are for a period
of one month unless stated differently. Dialup, Residential and Small Business
Wireless/DSL Customers will be provided with up to four (4) e-mail accounts/aliases
total at no additional cost. Business Wireless/DSL Customers will be provided
with twenty (20) e-mail accounts/aliases total at no additional cost. Wireless
and DSL speeds shown in the table below list download speed first and upload
speed second. Speeds shown are in kilobits per second (Kbps) and reflect maximum
speeds as there are many factors which can affect the actual throughput of the
connection and affect speeds achieved by customer.
|
Dialup Access Plans
|
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Unmetered hours, no
simultaneous logins for the cost of $20.00.
|
|
Unmetered hours, no
simultaneous logins, $180.00 for twelve (12) months.
|
|
Ten (10) hours/month for
the cost of $10.00. Usage exceeding ten (10) hours will be billed at
$1.00/hour.
|
|
Sixty (60) hours/month for
the cost of $20.00. Usage exceeding sixty (60) hours will be billed at
$1.00/hour.
|
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One hundred twenty (120)
hours/month for the cost of $40.00. Usage exceeding one hundred twenty (120)
hours will be billed at $0.50/hour.
|
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Residential/Small Business Wireless Plans
|
|
256/128
|
$24.95
|
768/256
|
$99.95
|
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384/128
|
$39.95
|
1024/256
|
$149.95
|
|
512/192
|
$59.95
|
|
|
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Business Wireless Plans
|
|
256/256
|
$89.95
|
768/768
|
$229.95
|
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384/384
|
$129.95
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1024/1024
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$299.95
|
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512/512
|
$179.95
|
|
|
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Residential/Small Business DSL Plans
|
|
1500/384
|
$28.95
|
3000/512
|
$39.95
|
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Business DSL Plans
|
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1500/384
|
$89.95
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6000/768
|
$229.95
|
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3000/512
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$129.95
|
|
|
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Residential/Small Business Wireless NextGen Plans
|
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Standard (1536/384)
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$24.95
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Premium (3072/512)
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$42.95
|
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Business Wireless NextGen Plans
|
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Standard (1536/384)
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$89.95
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Biz T1 (1536/1536)
|
$179.95
|
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Premium (3072/512)
|
$129.95
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Biz 3M (3072/3072)
|
$299.95
|
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Ultimate (6144/768)
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$229.95
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Biz 6M (6144/6144)
|
$549.95
|
7. PAYMENT.
Customers may pay their Excel bills using cash, check, credit card or automatic
withdrawal. A penalty of $25.00 will be assessed on returned checks or declined
debit transactions. Charges incurred by Customer beyond the basic plan shall be
invoiced and paid with the next pre-payment billing. If payment is not made by
Customer within thirty (30) days after the billing date, late charges of the
greater of $5.00 or one and one-half percent (1 1/2%) per month shall be due
and payable. Failure to remit payment may result in suspension of service, or
be reason for termination of Agreement without notice to Customer and at the
sole discretion of Excel. Customer is responsible for the monthly fee, no
matter how much time is used on the service until terminated as specified
above.
8. WIRELESS EQUIPMENT. Wireless Customers will be charged a monthly rental fee in addition to
other charges. Monthly standard radio rental fee will be $10.00, monthly high-powered
radio rental fee of $17.00 will be charged. Customers have the option to
purchase this equipment and not be subject to this charge. Equipment installed
for wireless service will at all times remain the property of Excel, unless
Customer purchases and pays in full for required equipment. Customer shall pay
the full retail cost or the repair/replacement cost of any lost, stolen,
unreturned, damaged (by lightning or other means), sold, or transferred
equipment. In addition, Customer will be liable for any costs incurred by Excel
in obtaining or attempting to obtain any such equipment.
9. WIRELESS INSTALLATION. Residential Customers agree to pay a one-time
installation fee of $159.95 for wireless access. The installation fee will
include a standard mount, antenna, lightning arrestor, fifty (50) feet of
cable, Ethernet adapter (PCI or ISA only) and labor. Small Business Customers
agree to pay a one-time installation fee of $299.95 for wireless access. The
installation fee will include a standard mount, antenna, lightning arrestor,
one hundred (100) feet of cable, Ethernet adapter (PCI or ISA only) and labor. Business
Customers agree to pay a one-time installation fee of $549.95 for wireless
access. The installation fee will include a standard mount, antenna, lightning
arrestor, one hundred (100) feet of cable, router with Ethernet connections and
labor. In the event that special construction or additional equipment is needed
to complete the installation, Customer will be responsible for charges
associated with such items including materials and labor. Excel will inform Customer
of additional charges prior to starting the installation. Customers moving
service to a new location will be charged the installation fee again for the
new location.
10.
WEB PAGE STORAGE. Dialup, Small Business and Residential Customers will
receive five (5) megabytes of storage on Excel’s server at no additional
charge. Additional space can be purchased at the cost of $2.00/month for each
additional one (1) megabyte or $25.00/month for a total of twenty (20)
megabytes. Wireless/DSL Business Customers will receive twenty (20) megabytes
of storage on Excel’s server at no additional charge. Customers that have
twenty (20) or more megabytes of storage space will be able to purchase
additional space at the cost of $1.00/month for each additional one (1) megabyte.
Customers with twenty (20) megabytes of storage can optionally have scripting
capabilities and other server extensions not allowed with the basic storage
plans.
11.
IP ADDRESSES. Dialup, Residential and Small Business Customers will
be dynamically assigned an IP address for their connection. Business Wireless/DSL
Customers will be assigned a block of up to 16 IP addresses as required, at no
additional cost. Customer acknowledges that all addresses remain the property
of Excel and in the event of termination will be returned to Excel for
reassignment. If Business Wireless/DSL Customer's requirements exceed 16 IP
addresses, additional blocks of 16 IP addresses can be allocated at the cost of
$25.00/month for each additional block.
12.
RESTRICTIONS. Dialup, Residential and Small Business Wireless/DSL
Customers are prohibited from running servers including but not limited to web,
mail, and ftp. Customer agrees service is for use by the individual or company
represented in Agreement and service will not be resold without prior written
consent of Excel. Customer is prohibited from using Excel’s service to send
unsolicited advertising or promotional materials (commonly known as SPAM or
UCE) over the network. Residential and Small Business Wireless customers will
be limited to four (4) gigabytes of data transfer per month. If Residential or
Small Business Wireless customer exceeds that amount their connection speed
will automatically be dropped for the remainder of the month. Additional
transfer for these accounts can also be purchased for the remainder of the
month, contact Excel customer support for additional details. The transfer
limit for Residential and Small Business is not applicable to the NextGen
wireless vice where available.
13.
ELECTRONIC DATA. Excel agrees to store all electronic data without
charge for thirty (30) calendar days at which time it may be eligible to be
purged. Excel does not guarantee storage of data larger than five (5)
accumulated megabytes of space for e-mail purposes. Excel does not guarantee
storage of data larger than contracted amount for Customer's web page storage.
Excel will not be responsible for loss or non-delivery of electronic data.
14.
PURCHASES. If Customer chooses to order merchandise, services or
information from merchants and advertisers through the Internet, Customer is
solely responsible for payment to merchant or advertiser. Excel.Net, Inc. is
not a party to these transactions and makes no warranty or guarantee for
Customer’s satisfaction of these items.
15.
EQUIPMENT. Excel offers equipment for customer purchase. These
items include but are not limited to Ethernet adapters (including free one
provided during wireless installation), routers, surge suppressors, DSL modems and
wireless access devices. This equipment carries the manufacturer warranty
where applicable and will not be replaced by Excel. Customer will need to
contact manufacturer for details on such equipment.
16.
FREEWARE/SHAREWARE. Excel does not warrant this material in any way.
Customer agrees by accepting this material to hold Excel harmless from any
problems that may result from such material. Customer assumes all risks
regarding the determination of whether the material is freeware or shareware.
If Customer continues to use shareware material, Customer is responsible for
paying all fees associated with such shareware.
17.
TELEPHONE CHARGES. Dialup access is provided to Wireless/DSL Customers
that need to access the Internet from a location other than where service is
installed.. Wireless/DSL Customers are limited to fifty (50) hours per month,
with additional hours being billed at $1.00/hour. Customer is responsible for
telephone charges associated with accessing our service and is responsible for
ensuring that the Customer is accessing the service through the proper location(s).
Excel is not responsible for long distance or other charges resulting from
Customer connecting to the service.
18.
CONTRACTS WITH MINORS. Customers must be at least eighteen (18) years of age
to subscribe to our services. An adult who will be legally responsible for that
contract must sign contracts for minors.
19.
INDEMNIFICATION/RELEASE. Customer, its agent, successor agrees to indemnify
and release Excel, its affiliates, employees, agents or subcontractors from any
liability for any claims, losses, actions, damages or suits arising from the
installation, use or termination of Excel services.
20.
GOVERNING LAW AND VENUE. The laws of the State of Wisconsin shall govern the
terms of Agreement. The parties hereto stipulate and agree that the exclusive
venue for the resolution of all disputes concerning this Agreement shall be Sheboygan County, Wisconsin.
21.
MODIFICATIONS. Excel reserves the rights to modify this agreement at
its sole discretion and with ten (10) days prior notice to Customer. Notice of
changes does not need to be in writing but may be handled by web site, e-mail
or other means.
________________ ________________________________________________
Date Business Name (if applicable)
__________________________________________________________________
Customer’s Printed Name
__________________________________________________________________
Customer’s Signature
Virus Filter Addendum
1. INTRODUCTION.
This is an agreement between Excel.Net, Inc. (hereinafter called “Excel”) and
“Customer” noted on front of agreement covering the E-mail Virus Scanning
Service (“Service”) which Excel will furnish to the Customer.
2. SERVICE. The
Service uses anti-virus software to scan every e-mail message that is received
by the Excel's e-mail scanner. The software is provided by a major vendor or
vendors and is updated frequently. The purpose is to eliminate dangerous
attachments such as executable files, script files, and files hiding their true
nature with various tricks. The Service cannot and does not guarantee
elimination of viruses. Among other things, the Service does NOT do the
following:
·
Protect against encrypted files or
files compressed with unusual compression methods.
·
Reduce or eliminate spam. See our
separate Spam Filter service for this functionality.
·
Protect against messages which
succeed in passing directly and bypass our e-mail scanner.
·
Protect against viruses where the
Customer connects to other e-mail systems, such as AOL, Yahoo, MSN, Hotmail,
etc.
·
Protect against viruses received
from web sites, downloaded files, FTP, floppy discs, CD-ROMs, DVDs or any other
method besides e-mail. This includes no protection against viruses received as
a result of clicking on a link embedded in an e-mail. We scan the e-mail, but
cannot and do not scan any locations to which an e-mail may link.
·
Protect against any virus which
has not been identified (normally a new virus) and therefore is not in our
anti-virus software (although updated frequently).
3. FORCE MAJEURE.
In particular in the event that our e-mail scanner is not working for any
reason beyond our control, the Service will not protect against viruses and Excel
assumes no responsibility for the consequences.
4. TERM. The
term of this agreement is from the date when Excel begins to implement the
Service for which the Customer is subscribing and terminates on five days
notice from Excel to the Customer or from the Customer to Excel, as the case
may be. Customers with annual Internet subscriptions will forfeit any
remaining months left on their virus filter service in the event that the
annual Internet service is cancelled/terminated prior to the end of the term. Excel
may, at its option, with or without notice to the Customer, terminate the
Service to the Customer for failure to make payment for Service.
5. NO WARRANTY.
Excel makes no warranty whatsoever, express or implied, in connection with the
provision of the Service and, specifically, without limitation, makes NO
WARRANTY OF MERCHANTABILITY and NO WARRANTY OF FITNESS OR SUITABILITY FOR
PURPOSE.
6. LIMITATION OF LIABILITY. Excel is not liable to the Customer for ordinary
negligence and the Customer releases any claim against Excel which the Customer
might otherwise have based on ordinary negligence in connection with the
provision of the Service.
7. LIMITATION OF DAMAGES. In any event, Excel shall not be liable for indirect,
incidental, special, punitive or consequential damages arising from or related
to the Service, regardless of the legal theory under which such liability is
asserted and regardless of whether Excel has been advised of the possibility of
such liability, loss or damage. Further, in any event, if there should be
liability for any reason whatsoever, the Customer's right to damages hereunder
shall be limited to an amount not exceeding one month's payment for the
Service.
8. INDEMNIFICATION. Customer agrees to indemnify Excel and hold harmless against any third
party claims, demands, suits or actions, relating to or based upon the Service
provided (or defectively or not at all provided) to the Customer.
9. REPRESENTATIONS OF CUSTOMER. The person accepting this agreement for the Customer
is fully authorized to do so, and the acceptance by such person is binding upon
and enforceable against the Customer.
Signature required here
only if signing up for virus filter service.
________________ ________________________________________________
Date Business Name (if applicable)
__________________________________________________________________
Customer’s Printed Name
__________________________________________________________________
Customer’s Signature
Last Updated: 10-20-2009
