GRU.Net Service Agreement
THIS AGREEMENT represents the complete agreement and understanding between The City of Gainesville, doing business as GRUCom ("GRUCom"), and the account holder, for the use of the GRUCom on-line gateway and Internet access service ("Service"). Account holder's use of GRU.Net/Gator.Net services shall constitute account holder's acceptance of the terms and conditions of this Agreement including the Operating Policies (Attachment "A"). Upon notice published on-line via GRUCom, GRUCom may modify these terms and conditions, amplify them, and/or modify the prices, as well as discontinue or change the services offered. Account holder's use of GRU.Net/Gator.Net services after modification shall constitute account holder's acceptance of the modifications.
TERMS AND CONDITIONS
- PROVISION OF SERVICES. The Service consists of dial-up Internet Protocol connectivity to the GRUCom on-line gateway, as well as access or connectivity to any of the information sources or services that may be provided by GRUCom or be available from other service providers participating in, or connected to, GRUCom.
- SERVICE RATES AND CHARGES. The rates and charges for the Service shall be in accordance with GRUCom's rate schedule as in effect from time to time, a copy of which will be available on-line on the Service as Attachment "B" or otherwise shall be provided to you upon request. You will be billed monthly for usage of the Service and for any other service utilized by you or other users of your account, which are billed for by GRUCom in connection with the Service (including any applicable taxes), directly by GRUCom, by electronic funds transfer (EFT) or through your designated credit card company. If paid by credit card, the terms of the applicable credit card agreement will apply. Otherwise, payment for the Service and any such other services billed by GRUCom, including any applicable taxes, shall become delinquent if not received by GRUCom or its billing agent, on the close of business on the twentieth (20th) day (fifteenth day (15th) for EFT payments) after the billing is rendered. Service charges for late payments, returned checks or non-paid EFT transactions shall be in accordance with GRUCom's rate schedule as in effect from time to time.
- LIMITATION OF WARRANTIES AND LIABILITY; DISCLAIMER OF WARRANTIES. Your use of the Service is at your own risk. Neither GRUCom nor any of its underlying service providers, information providers, licensers, employees, or agents, warrant that the Service will be uninterrupted or error free; nor does GRUCom or any of its underlying service providers, information providers, licensers, employees, or agents, make any warranty as to the results to be obtained from the use of the Service. THE SERVICE IS DISTRIBUTED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, OTHER THAN THOSE WARRANTIES (IF ANY) WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS SERVICE AGREEMENT, ALL SUCH WARRANTIES BEING EXPRESSLY DISCLAIMED. NEITHER GRUCom NOR ANY OF ITS UNDERLYING SERVICE PROVIDERS, INFORMATION PROVIDERS, LICENSERS, EMPLOYEES, OR AGENTS SHALL BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT OR SPECIAL DAMAGES SUFFERED BY YOU OR ANY OTHER PARTY AS A RESULT OF THE OPERATION OR MALFUNCTION OF THE SERVICE, REGARDLESS OF WHETHER OR NOT SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU EXPRESSLY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL ALSO APPLY TO ALL CONTENT OR OTHER SERVICES AVAILABLE THROUGH THE SERVICE. YOU AGREE THAT YOU WILL NOT IN ANY WAY HOLD GRUCom RESPONSIBLE FOR ANY SELECTION OR RETENTION OF, OR THE ACTS OR OMISSIONS OF, THIRD PARTIES IN CONNECTION WITH THE SERVICE (INCLUDING THOSE WITH WHOM GRUCom MAY CONTRACT TO OPERATE VARIOUS AREAS ON THE SERVICE). You assume total responsibility and risk for your use of the service and the Internet. GRUCom DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND GRUCom SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the service or on the Internet generally. GRUCom does not warrant that the service will be uninterrupted or error-free or that defects in the service will be corrected. You understand further that the Internet contains unedited materials, some of which are sexually explicit or may be offensive to you. You access such materials at your own risk. GRUCom has no control over and accepts no responsibility whatsoever for such materials. The information available through the interconnecting networks may not be accurate. GRUCom has no ability or authority over the material. GRUCom makes no warranty of any kind, either expressed or implied, regarding the quality, accuracy, or validity of the data and/or information residing on or passing through these networks. Use of information obtained from or through GRUCom's services is at the risk of the account holder. Your sole and exclusive remedy for any failure or non-performance of the Service (including any associated software or other materials supplied in connection with the Service) shall be for GRUCom to use commercially reasonable efforts to effectuate an adjustment or repair of the Service and, in the event such downtime exceeds twenty-four (24) consecutive hours, the account holder has the right to request a pro-rata refund or credit of or against any charges otherwise payable for the Service for the period of Service downtime.
- USE OF MATERIAL.
- (a) You may use, copy and distribute the materials found on the Service for internal, noncommercial, informational services only. All copies that you make of the material must bear any copyright, trademark or other proprietary notice which pertain to the material being copied. Except as authorized in this paragraph, you are not being granted a license under any copyright, trademark, patent or other intellectual property right in the material or the products, services, processes or technology described therein. All such rights are retained by GRUCom, its affiliates and/or any third party owner of such rights.
- (b) GRUCom company names and logos and all related product and service names, design marks and slogans are the property of GRUCom or its affiliates. You are not authorized to use any GRUCom name or mark in advertising, publicity or in any other commercial manner without the prior written consent of GRUCom.
- (c) All product and service marks contained on or associated with the Service that are not GRUCom marks are the trademarks of their respective owners. References to any names, marks, products or services of third parties, or hypertext links to third party sites or information do not necessarily constitute or imply GRUCom 's endorsement, sponsorship or recommendations of the third party, information, product or service
- (d) Any feedback, data, answers, questions, comments, suggestions, ideas or the like, which you send to GRUCom will be treated as being nonconfidential and nonproprietary. GRUCom assumes no obligation to protect such information from disclosure and will be free to reproduce, use, and distribute the information to others without restriction, except for information protected by law. GRUCom will also be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever including but not limited to developing, manufacturing and marketing products and services incorporating such information. GRUCom may also use your status as a subscriber to the Service for the purpose of marketing to you other GRUCom products and services.
- INDEMNIFICATION BY USER. You shall indemnify and hold harmless GRUCom and any of its underlying service providers, information providers, licensers, employees or agents from and against any and all claims, demands, actions, causes of action, suits proceedings, losses, damages, costs, and expenses, including reasonable attorney fees, arising from or relating to your use of the Service, or any act, error, or omission of you or any user of your account in connection therewith, including, but not limited to, matters relating to incorrect, incomplete, or misleading information; libel; invasion of privacy; infringement of a copyright, trademark, service mark, or other intellectual property; any defective product or any injury or damage to person or property caused by any products sold or otherwise distributed through or in connection with the Service; or violation of any applicable law.
- BROWSER SOFTWARE. If any Internet browser or other software has been provided to you for use with the Service, you agree to be bound by and to comply with the terms and conditions of the separate software license which is applicable to and was provided to you along with such software.
- OTHER RESPONSIBILITIES OF USER. You agree that you will be the only user of your account ID and password and that you will not transfer or disclose either your account ID or password to any other person (except that you may at your own risk and on your own responsibility permit other members of your family or business associates to access the Service using your account ID and password), and that you will be responsible for all usage of the Service and any other services accessed through the Service on your account whether or not authorized by you. You agree to pay the applicable fees by the due date, and to pay any interest or late fees incurred for late payment of the required fees. You agree not to transmit or publish on or over the Service any information, software or other content which violates or infringes upon the rights of any others or to use the facilities and capabilities of the Service to conduct any business or activity or solicit the performance of any activity which is prohibited by law. You agree to comply with all applicable laws, rules and regulations in connection with the Service. You acknowledge that you are aware that certain content, services or locations of the Service or of other parties that may be accessible through the Service may contain materials that is unsuitable for minors (persons under 18 years of age). You agree to supervise usage of the Service by any minors whom you permit to use the Service. You agree to perform independent backup of your data stored on GRUCom services, as GRUCom is not responsible for your personal files residing on GRUCom's server.
- TERM. This Agreement for the use of the Service will be in effect from the date your completed registration is accepted by GRUCom. This Agreement and your use of the Service may be terminated by either you or GRUCom at any time by written notice to the other, or by GRUCom at any time with or without notice for your non-payment or other default. The provisions of paragraph 5.0 and all other obligations of and restrictions on you and any user of your account with respect to the Service shall survive any termination of this Agreement.
- MISCELLANEOUS. This Agreement shall be governed and construed in accordance with the laws of the State of Florida applicable to agreements made and to be performed in Florida. You agree that any legal action or proceeding between GRUCom and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Florida. Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. GRUCom's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be constructed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. GRUCom may assign its rights and duties under this Agreement to any party at any time without notice to you.