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The account holder agrees to pay TXOL Internet the per month charges, plus tax if applicable, for services rendered. The access charges may be modified at any time upon giving 30 days prior e-mail notice to account holder. This is a single user, personal account. It is the responsibility of the account holder to keep their account password private. Accounts are due on the 1st of each month. A $5.00 late fee is applied to the account if not paid by the 5th. Account balances outstanding, at months end, are terminated and administrative fees will be required for re-activation of services. There is a $25.00 fee on any service payment that is not honored by your financial institution. This agreement shall become effective on the date Account Holder first accesses the Internet and shall continue in force until terminated by either party upon at least 30 days prior e-mail notice of termination to the other party. Either Account holder or TXOL may terminate this agreement in whole or in part, by furnishing 30 days prior e-mail notice to the other. For the calendar month in which such termination becomes effective, account holder shall pay the accrued charges under the applicable schedule or schedules or the full minimum, if any, whichever is greater. TXOL has no control of the content of any material or information that is passed through the Internet. TXOL makes no warranties of any kind, whether expressed or implied, for the service it is providing or software. TXOL will not be held responsible for any possible damage suffered by the account owner to their equipment. This includes loss of data resulting from software installations, delay, non-deliveries, misdeliveries, or service interruptions caused by its own negligence or that of the account owner. Account Holder is granted a non-exclusive, non-transferable, limited license to access the Internet services available through TXOL, solely in the regular course of research and related work and subject to the average consumers usage. Use of any information obtained via TXOL is at the account owner's risk. TXOL specifically denies any responsibility for the accuracy or quality of information through its services or software. TXOL may be used for lawful purposes only. Any transmission of any material in violation of US or state regulations is prohibited. TXOL does not guarantee any amount of hours, of access, to any user. Any notice required or permitted to be given under this agreement shall be deemed properly given at the time it is e-mailed to the e-mail address of the other party. Account Holder acknowledges having read this agreement, including all printed language, understands it, and agrees to be bound by its terms, and additionally agrees that it constitutes the entire agreement between the parties and, except to the extent that they may be expressly incorporated, supercedes all proposals, oral and written, and all negotiations, conversations, or discussions previously and between the parties related to the subject matter of this agreement. TXOL SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF PERFORMANCE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ACCOUNT HOLDER'S EXCLUSIVE REMEDY AND TXOL'S ENTIRE LIABILITY HEREUNDER, IF ANY, FOR ANY CLAIM(S) FOR DAMAGES RELATING TO TXOL WHICH ARE MADE AGAINST THEM, INDIVIDUALLY OR JOINTLY, WHETHER BASED IN CONTRACT OR NEGLIGENCE, SHALL BE LIMITED TO THE AMOUNT OF TXOL CHARGES PAID BY ACCOUNT HOLDER RELATIVE TO THE PERIOD OF OCCURRENCE OF THE EVENTS WHICH ARE THE BASIS OF THE CLAIM(S) RELATING IN ANY WAY TO (I) ACCOUNT HOLDER INABILITY OR FAILURE TO ACCESS THE INTERNET, OR (ii) ANY LOST PROFITS OR OTHER SPECIAL DAMAGES RELATING IN WHOLE OR IN PART TO ACCOUNT HOLDERS RIGHTS HEREUNDER OR USE OF, OR INABILITY TO USE, TXOL'S SERVICES, EVEN IF TXOL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, FURTHER TXOL SHALL HAVE NO LIABILITY WHATSOEVER TO ACCOUNT HOLDER FOR ANY CLAIM(S) RELATING IN ANY WAY TO ANY THIRD PARTY SERVICE. |
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