Internet Operating Agreement
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 in conjunction with
Service Information Sheet.
2. Definitions. The terms below will be used throughout Agreement to
differentiate levels of service and will be interpreted as follows:
· Broadband: Accessing the Internet using high speed service including but not
limited to fixed wireless or DSL service.
· Residential, Small Business, Business: Each item represents a classification
of service provided by Excel to access the Internet. Based on service(s)
selected customer will be assigned the appropriate classification.
3. Term. The initial term for Agreement will commence on the
date of signup for Customers or the service/circuit installation date for Broadband
Customers. The initial term and disconnect fees are provided for on Service Information
Sheet. 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. Service fees will not be
prorated for the month of termination. Customer account will remain active
until the end of the current billing period. 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. Credit balances 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. 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, federal and local 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. Billing. All billing information will be sent out via e-mail
to the primary address for the account or at Customer request an alternate
e-mail address. Payment for the basic service is due in advance. Prices listed
on Service Information Sheet do not include applicable taxes and are for a
period of one month unless stated differently. Speeds shown are in kilobits per
second (Kbps) unless noted otherwise and reflect maximum speeds as there are
many factors which can affect the actual throughput of the connection and
affect speeds achieved by Customer. Charges incurred by Customer beyond the
base plan shall be invoiced and paid with the next pre-payment billing.
7. Payment. Customers may pay Excel using cash, check, credit
card or automatic withdrawal. A penalty of $25.00 will be assessed on returned
checks or declined debit transactions. Payment not made by Customer within
thirty (30) days after the billing date are assessed late charges of the
greater of $5.00 or one and one-half percent (1½%) 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 all fees, no matter how much usage
on the service until terminated as specified above. If Customer account is in
default, Customer agrees to pay all collection charges incurred in the
collection of the amounts that you owe under this agreement - including but not
limited to the charges of any collection agency to which we may refer your
account. In the event the account is referred to an attorney, Customer agrees
to pay all charges and expenses, including reasonable attorney’s fees and court
costs, to the extent permitted by law.
Wireless Equipment. Equipment
installed for wireless service will at all times remain the property of Excel.
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 all costs
incurred by Excel in obtaining or attempting to obtain any such equipment,
including but not limited to collection costs to insure full cost of equipment
9. Wireless Installation. All Customers installation will include
a standard mount, antenna, lightning arrestor and standard labor. Residential Customer
installation fee will include fifty (50) feet of cable. Small Business and
Business Customers installation fee will include one hundred (100) feet of
cable. Business Customers installation fee will include a router with Ethernet
connections if required. 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. Customers will receive five (5) megabytes of storage
on Excel’s server at no additional charge. Broadband Business Customers will
receive twenty (20) megabytes of storage on Excel’s server at no additional
charge in lieu of base five (5) megabytes. Additional storage is available on
all plans at an added fee. Additionally, upgraded plans may include added
capabilities such as scripting or SSL service. These are not available with
Customers base storage plan.
11. IP Addresses. Customers will be dynamically assigned an IP address.
Business Broadband Customers may request a block of up to 8 IP addresses as
required with plan. Additional IP address blocks are available to Business Broadband
Customers for an added fee as needed. Single static IP addresses are available
to Residential and Small Business Customers for an added fee as needed. Customer
acknowledges that all addresses remain the property of Excel and in the event
of termination will be returned to Excel for reassignment.
12. Restrictions. Customers, except Broadband Business 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. Customer’s total transfer will be limited to as outlined
on Service Information Sheet. Customer that exceeds that amount will be billed
the additional rate also found on Service Information Sheet.
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 through the Internet, Customer is solely responsible for
payment of said items. Excel 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, 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. Protection Plans. Protection plans activated at any time other than
the initial installation of service will not be in effect until two (2)
calendar months after the plan activation date. Plans activated at the time of
installation are immediately active. All timeframes defined require immediate availability
by Customer during Excel service call attempt. Adverse weather including but
not limited to high wind, lightning, or heavy snow, may result in unsafe
working conditions and at Excel’s sole discretion delay service call past
defined timeframe. Service plan covers and is limited to Excel-provided onsite
hardware. Customer’s liability of damaged equipment as defined in section 8 is negated in
situations determined by Excel to have non-negligent and non-willful cause if
one of the plans below is active on the account. Excel defines each protection
plan as follows:
Service Protection: Service calls to Customer’s location
will be prioritized but with no guaranteed timeframe.
Express Protection: Service issues reported by Customer and
approved by Excel for service call prior to 1:00pm Mon through Fri will have
same-day service call performed by Excel. Issues reported and approved after 1:00pm
will have same-day service call attempted, and where that is determined to be
infeasible by Excel will have next business day service call performed.
Real-Time Protection: Service issues reported by Customer and
approved by Excel for service call will have a service call performed within four
(4) hours of the approval.
17. Telephone Charges. 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.
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
· 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
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.
Last Updated: 2012-05-31