Contract - RThis Agreement is by and between Msen, Inc., duly authorized andexisting under the laws of the State of Michigan with its mainoffice at 1899 East Wattles Road, Troy, MI 48098 ("Msen"); and theCustomer for the provision by Msen or its subcontractors of certainelectronic communications services in exchange for the payment offees and compliance with conditions stated herein.
1. Billing Terms. Customer shall pay monthly subscription and connection fees as set forth in Msen's current rate schedule prior to service being rendered. This schedule may be modified byMsen at any time via a posting to the Usenet newsgroup msen.announce,by sending electronic mail to Customer's account or by conventionalmail. Failure to make prepayment for service will result intermination of Customer's account. There are no refunds on theseaccounts.
2. Customer Termination. Service may be terminated by Customer atthe end of any month by not providing payment.
3. No Warranties. Msen exercises no control whatsoever over thecontent of the information passing through its network. Msen makesno warranties of any kind, whether expressed or implied, includingany implied warrantee of merchantability or fitness of this servicefor a particular purpose. Msen takes no responsibility for anydamages suffered by the Customer, including, but not limited to,loss of data from delays, non deliveries, misdeliveries, or serviceinterruptions caused by Msen's own negligence or the Customer'serrors and/or omissions. Use of any information obtained via Msen'snetwork is at your own risk. Msen specifically denies any responsibilityfor the accuracy or quality of information obtained through itsservices.
4. Use of Service. This service may only be used for lawful purposes.Materials and/or transmission in violation of any local, state orfederal regulation(s) is prohibited. This includes, but is notlimited to, copyrighted material, threatening or obscene material,or material protected by trade secret. The Customer agrees toindemnify and hold harmless Msen from any claims resulting fromthe Customer's use of this service which damages the Customer orany third party. The Customer is expressly prohibited from engagingin any activity that constitutes, in the sole opinion of Msen,system abuse.
5. Appropriate Use. Msen or other relevant authorities may determineinappropriate usage of this account and the privilege may be revokedat Msen's discretion. Should this occur, the Customer will beinformed via electronic or conventional mail of this action.The sending of "Unsolicited Bulk Email" or "spam" via usenet or emailis specifically inappropriate usage and may be penalized by Msen'scurrent policies at the time.
6. Jurisdiction.Customer hereby consents to the jurisdiction of theCourts of the State of Michigan, particularly the District Courtlocated in Troy, Michigan, for the adjudication of any dispute arising under this Agreement.
7. Change of Terms and Conditions. Msen reserves the right to change these terms and conditions at any time by posting to the Usenet newsgroup msen.announce, by electronic mail to Customer's account or by conventional mail in advance of the effective date of the change. Use by the Customer after the effective date constitutes acceptance of the new terms and conditions. If the Customer does not agree to the new terms and conditions, the Customer may terminate this Agreement in accordance with the provisions of Section 2, set forth above.
8. Notices to Msen. All notices given by Customer under this Agreement shall be in writing and delivered by US Mail or facsimile to Msen at the address/fax number at left.
9. Notices to Customer. All notices given to Customer by Msen under this Agreement shall be via posting to the Usenet newsgroup msen.announce, via electronic mail to Customer's account or via conventional mail to Customer's current address on file.
10. Enforcement of Agreement. The failure of Msen to insist upon or enforce strict performance by Customer of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between parties nor trade practice shall act to modify any provisions of this Agreement.
11. No Assignment. Customer shall not sell, transfer, or assign this agreement without the prior written consent of Msen. Any act in derogation of assignment shall not relieve the Customer of its obligations under this Agreement.
12. Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the remaining provisions of this Agreement will remain in full force and effect.
13. Entire Agreement. This Contract supersedes all previous representations, understandings or agreements of the parties with respect to the subject matter herein, whether written or oral.
Customer Signature: ___________________________ Date:___________________