2. Amendment. Adaptive.net may modify this agreement or the Acceptable Use Policy at any time in its sole discretion. Any modification is effective immediately. If any modification to this agreement is unacceptable to you, you may immediately terminate your subscription as provided in Section 19 below. However, if you do not terminate your registration, or continue to use the Adaptive.net Service, following modification to this agreement, your continued use will mean that you have accepted that modification.
3. Use of the Service. Under the terms of this agreement, you may only use the Adaptive.net Service through the number of communication channels and for which you have purchased service. You may not connect to the Adaptive.net Service through more than one telecommunications connection at any given time.
4. Disclaimer. The Adaptive.net Service is provided on an AS IS, AS AVAILABLE BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Adaptive.net EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE Adaptive.net SERVICE WILL BE ERROR-FREE, SECURE OR UNINTERRUPTED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY Adaptive.net, ITS EMPLOYEES, LICENSORS OR THE LIKE, WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE. The terms of this Section will survive any termination of this agreement.
5. Information and Products. You acknowledge that except for information products or services clearly identified as being supplied by Adaptive.net, neither Adaptive.net nor any of its suppliers, licensor, or affiliates ("Affiliates") operates or controls any information, products or services accessible through the Adaptive.net Service in any way and that, except for such Adaptive.net identified information, services or products, all merchandise, information and services offered or made available or accessible through the Adaptive.net Service are offered or made available or accessible by third parties who are not affiliated with Adaptive.net or its Affiliates. YOU ACKNOWLEDGE THAT USE OF THE Adaptive.net SERVICE IS AT YOUR SOLE RISK AND YOU AGREE THAT ANY INFORMATION, SERVICE OR PRODUCT ACCESSIBLE THROUGH THE SERVICE IS WITHOUT WARRANTIES OF ANY KIND BY Adaptive.net AND ITS AFFILIATES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. The terms of this Section will survive any termination of this agreement.
6. Commerce on the Web. Through your uses of the Adaptive.net Service, you may have opportunities to order and purchase merchandise or services from other subscribers to the Adaptive.net service and users of other communications outlets such as the Internet. You further acknowledge that all transactions relating to merchandise or services offered by you through the Adaptive.net service, including but not limited to the purchase terms, payment terms, warrantees, guarantees, maintenance and delivery terms for such transactions are agreed to solely between you and third party purchasers. Adaptive.net and its affiliates make no warranties or representations whatsoever with respect to your goods and services, or with respect to the qualifications of any third party purchaser.
7. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL Adaptive.net, OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE Adaptive.net SERVICE, including but not limited to reliance on any information obtained on the Adaptive.net Service; or that result from mistakes, omissions, interruptions, deletion of files or e-mail, loss of or damage to data, errors, defects, viruses, delays in operation, or transmission, or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to Adaptive.net's records, programs or services. YOU HEREBY ACKNOWLEDGE THAT THIS PROVISION WILL APPLY WHETHER OR NOT Adaptive.net IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND THAT THIS PROVISION WILL APPLY TO ALL CONTENT, MERCHANDISE OR SERVICES AVAILABLE FROM Adaptive.net OR ITS AFFILIATES. The terms of this Section will survive any termination of this agreement.
8. Charges. You agree to pay Adaptive.net the then-current monthly charges for the Adaptive.net Service. You may find information regarding current rates for using the Adaptive.net Service by viewing Adaptive.net's Web page at http://www.Adaptive.net/ under the section designating the service you have chosen. The Acceptable Use Policy may contain additional charges for particular services. Customer agrees that Adaptive.net may pre-charge Customer's monthly service fee to the credit card supplied by customer during registration. If Adaptive.net does not receive the full amount of Customer's Adaptive.net Service account balance within 30 days of the invoice date or billing date, the lesser of an additional 1.5%, or the highest percentage allowed by law, of the outstanding balance may be added to your bill as a late charge each month and will be due and payable immediately. The specific service you have chosen may offer you the choice of additional payment terms, including without limitation pre-payment terms. Adaptive.net reserves the right to increase fees, surcharges, monthly subscription fees or to institute new fees at any time upon 30 days prior notice. Adaptive.net may reduce any fees at any time without notice. In the event that your account is terminated or canceled, on-line time credited to your account is not convertible to cash or other form of credit.
9. Personal Information. You hereby certify to Adaptive.net that you are not a minor. (A minor's parent or legal guardian may authorize a minor to use his/her account(s) under supervision by the parent or guardian). For purposes of identification, billing and marketing, you must provide Adaptive.net with accurate, complete, and updated information required by the registration to the Adaptive.net Service ("Member Registration Data"), including your legal name, address, telephone number(s), and applicable payment data (for example, a credit card number and expiration date). You must notify Adaptive.net within 30 days of any changes in your Member Registration Data. Adaptive.net may require a copy of a state issued form of identification before making changes to the billing information or registration data on a Customer's account.
10. Accounts and Passwords. This agreement applies to all accounts, sub-accounts, alternative account names associated with your principal account. You are responsible for the use of each of your accounts, whether used under any name or by any person, and for ensuring full compliance with this agreement by all users of that account. A Adaptive.net Service account may not be transferred without prior written approval from Adaptive.net. You are responsible for maintaining the confidentiality of your passwords. In the event of a breach of security through your account, you will be liable for any unauthorized use of the Adaptive.net Service until you cancel Adaptive.net customer service under BILLING INFO at http://www.Adaptive.net.
11. OFFENSIVE MATERIAL. YOU UNDERSTAND THAT INFORMATION AVAILABLE TO YOU THROUGH THE Adaptive.net SERVICE MAY INCLUDE MATERIALS THAT ARE UNEDITED, SEXUALLY EXPLICIT OR OFFENSIVE TO YOU AND THAT YOUR ACCESS TO SUCH MATERIALS IS AT YOUR OWN RISK. Adaptive.net AND ITS AFFILIATES HEREBY DISCLAIM ANY RESPONSIBILITY FOR OR CONTROL OVER SUCH MATERIALS.
12. At-Will Termination. This agreement will become effective on the date Adaptive.net receives your first payment, and will remain in effect billing-month-to-billing-month unless terminated by either party pursuant to this agreement. You may terminate the agreement and your subscription at any time for any reason or no reason. Adaptive.net may immediately restrict, suspend or terminate without notice, your access to and use of the Adaptive.net Service upon any breach of this agreement, include the then-current Acceptable Use Policy. Adaptive.net may also terminate the agreement at any time for any reason or no reason, upon 10 days' prior notice. In the event of any termination for breach of this agreement, you may not establish a new subscription with Adaptive.net for one year from the date of termination. Upon and after termination, Adaptive.net will not be obligated to provide you with access to any stored e-mail or content related to your account. Your only right with respect to any dissatisfaction with any terms, rules, policies, guidelines, or practices of Adaptive.net in operating the Adaptive.net Service, any change in the content of the Adaptive.net Service, or any change in the amount or type of fees charged in connection with the Adaptive.net Service, is to terminate this agreement by delivering notice to Adaptive.net, effective the day Adaptive.net receives notification of termination.
13. IP Addresses. If Adaptive.net assigns you an Internet Protocol address for your use of the Adaptive.net Service, the right to use that Internet Protocol address will belong only to Adaptive.net, and you will have no right to use that Internet Protocol address except as allowed by Adaptive.net in its sole discretion in connection with the plan you have selected, during the term of this agreement.
14. Electronic Mail. Adaptive.net may, but is not obligated to, block any incoming or outgoing e-mail message that Adaptive.net determines, in its sole discretion, is unsolicited or otherwise violates the then-current Acceptable Use Policy. Adaptive.net shall not be responsible for lost, misdirected or undeliverable e-mail.
15. Merchant Accounts and Transactions. Adaptive.net shall not be responsible for incorrect or fraudulent orders, manipulated scripts or links, errant charges, or incorrect merchant transactions that take place on the Adaptive.net network, shopping cart, order processing system, control panel, or any other merchant order technique using your merchant account. Adaptive.net shall not be responsible for any malicious use of our system to fraudlently access your merchant account. It is the merchant's responsibility to verify credit card address verification, sufficient funds deposit and/or withdrawal, of any and all transactions that take place between the merchant and the customer and/or your merchant account. You are required to contact your merchant bank for any and all charges or disputes. It is your responsibility to verify any and all transactions with your merchant bank before any batch settlement occurs. Please note that deleting a transaction removes it from our database, it does not cancel the transaction between the merchant and the merchant bank. It is your responsibility to issue appropriate refunds/charges/credits to void the transaction or to coordinate appropriate transaction changes with your merchant bank.
16. Indemnity. Upon request of Adaptive.net, you shall defend, indemnify and hold harmless Adaptive.net, its officers, directors, employees, agents and licensees, from any claims, losses, damages, expenses, and fees including without limitation reasonable attorneys fees, arising out of or relating to your use of the Adaptive.net Service, including without limitation any violation by you of Adaptive.net's Acceptable Use Policy. The terms of this Section will survive any termination of this agreement.
17. Entire Agreement. This agreement constitutes the entire agreement between you and Adaptive.net with respect to the Adaptive.net Service and supersedes all prior agreements between you and Adaptive.net. Adaptive.net's failure to enforce any provision of this agreement will not be construed as a waiver of any provision or right. In the event that a portion of this agreement is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect.
18. Notices. Any notices in connection with this agreement must be sent to each party as follows: if to Adaptive.net, [email protected]; if to you: either the e-mail address for your account, or the address supplied by you as part of the Member Registration Data. Any notices or communication under this agreement will be deemed delivered to the party receiving such communication on the delivery date if delivered personally to the party; (2) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, whether or not received, if sent by US mail, return receipt requested; (4) on the delivery date if transmitted by confirmed facsimile or (5) on the delivery date if transmitted by confirmed email.
19. Force Majeure. Adaptive.net will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen contingency beyond the reasonable control of such party including without limitation Internet outages, communications outages, fire, flood, war or act of God.
20. General Terms. Interpretation and enforcement of this
agreement will be governed by the laws of the state of Michigan
(excluding its choice of law rules). You hereby consent to personal
jurisdiction in the federal and state courts of Macomb County,
Michigan for any action arising out of or relating to your use of the
Adaptive.net Service. The federal and state courts of Macomb County,
Michigan will have exclusive jurisdiction over all such actions. In any
such action, the prevailing party will be entitled to recover all legal
expenses incurred in connection with the action, including but not limited
to its costs, both taxable and non-taxable, and reasonable attorney's
fees. The terms of this Section will survive any termination of this
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information, the terms of which must be observed and followed.