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MSE Terms Of Service Internet Service User Agreement This document creates a legally binding Agreement between MSE NETWORKS, LLC (hereafter MSE), a Wisconsin-based partnership Customer and supersedes any prior version of this Agreement(s) between Customer and MSE. Customer shall be defined as the person who is named on the MSE Order Form and/or Customer Account Information and/or Important Setup Guide and/or Internet Order Form and/or the person acting as a representative for Customer. MSE shall provide Internet services such as hosting of world wide web pages, domain name service and hosting, electronic mail hosting, and other related services (Services). In return, Customer shall pay MSE a Service Fee and Assessments as provided for elsewhere in this Agreement. According to the terms of this Agreement, Customer shall then have an Account(Account may be referred to as Username or Login Name or Account) with MSE. In addition to this Agreement, MSE also has an Acceptable Use Policy (AUP) which governs and further defines Customer's Use and Responsibilities with an Account from MSE. The AUP is available at http://www.msenetworks.com/legal/aup.html and should be checked regularly. The rights and obligations defined in the AUP shall be Incorporated into this Agreement. In addition, if Customer utilizes domain name registration services from MSE, they agree to be bound by the terms of the OpenSRS Registrar Policies as well as Registrar Policies as appropriate for the TLD(s) which customer registers/owns. These Policies (as amended from time to time) are available through hyperlink at http://www.msenetworks.com/legal/opensrs.php. These Policies include but are not limited to the governing body ICANN's policies available online (and amended from time to time) at http://www.icann.org/udrp/udrp.htm. Additionally, if Customer is obtaining an SSL digital certificate from MSE, Customer agrees to be bound by the terms of GeoTrust's Subscriber agreement available through hyperlink at http://www.msenetworks.com/legal/opensrs.php. Upon registration of a domain name, MSE may elect to point domain(s) at a welcome/coming soon/domain parking page, or the like to indicate that the domain is registered with MSE. I. Service Fee Customer has chosen an Account with MSE based upon a Service Fee as defined on any order forms or signup processes. Use of the Account on or after the first of each calendar Month constitutes Customer's acceptance to be held liable for that Month's Service Fee. MSE reserves the right to change Payment Policies, Terms and Amounts with Proper Notification as defined in this Agreement. A. All Accounts are provided on a monthly basis with the first of each calendar month constituting a new Service Period, further, all Service Fees plus Assessments are due on or before the first of each calendar month for the following month of Service. Responsibility for timely payment of all Service Fees and Assessments lies wholly with the Customer. Any Service Fee(s) will be pro-rated to the first of the next calendar month based on the yearly fee divided by 365 (three hundred sixty five). B. In the event that the Service Fee plus Assessment(s) are not paid in full in a timely manner by 5:00pm Central Time on the first of the month, the Account shall be considered Past Due. In the event the Account remains Past Due following a 2(two) day Grace Period, a Past Due Assessment of up to $5.00(five dollars) shall be incurred for the current Service Period and MSE shall Suspend the Account. C. In the event the Account is Past Due for 15(fifteen) days for the current Service Period MSE shall delete the Account and the files contained if Payment in Full has not been made and MSE shall take appropriate action to collect any outstanding Fees and Assessments. Further, Customer shall incur a Deletion Assessment of $1.00(one dollar). D. If the Service Fee plus Assessments are Past Due for 30(thirty) days and for each 30(thirty) day period thereafter, a 1.5%(one and one half percent) per month of the total outstanding Late Fee Assessment shall be added. E. If the Service Fee is unavailable due to Insufficient Funds, Expired or Refused Credit Card, the Account shall be Suspended immediately. Customer shall be liable for a $15.00(fifteen dollars) Assessment for any Suspension or Re-Activation and $30.00(thirty dollars) per incident. F. When making any Payment Customer should indicate the Username(s) that Payment is to be credited to in the Memo field. MSE is not responsible for ANY Suspension, Termination and/or Deletion because Customer did not indicate the Username(s) with payment. G. For any usage based plans Customer is responsible for all charges incurred beyond the allowed usage. Further, MSE's Accounting and other log files shall be considered the sole and final source of Customer's usage in any given Calendar Month. Usage/downloads spanning Calendar months may be billed in the month in which the connections enters the log file(s). II. Our Service To You A. MSE's Service and Physical Equipment shall be maintained for continual Service. Concurrent with providing reliable Service is MSE's need to provide for system maintenance and upgrades. When possible MSE shall post Web Notification as defined in this Agreement for Foreseen Service Outages and/or Downtimes, but Customer acknowledges that Service may not be available from time to time due to factors beyond MSE's control including, but not limited to, Acts of God, telecommunication outages, power or other utility outages, or like circumstances. 1. NO WARRANTY OF SERVICE IS INCLUDED, EITHER EXPRESSED OR IMPLIED AND SERVICE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. NO CLAIM OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE IS MADE BY MSE AND MSE WILL NOT BE RESPONSIBLE FOR LOSS OF BUSINESS, SAVINGS OR THE LIKE DUE TO SERVICE OUTAGE(S). B. In the event of an Unforeseen Outage, MSE will restore Service as soon as possible. Service Outages and Downtimes, either Foreseen or Unforeseen, shall not affect Customer's responsibilities to MSE or this Agreement and MSE is in no way responsible for any loss due to a Service Outage, either Foreseen or Unforeseen. III. Termination of Account and Changes in Account Status A. If the Customer wishes to Terminate their Account, Customer shall contact MSE during normal business hours at least 5(five) days prior to the next billing to Terminate the Account. Customer MUST have their Account Username AND Password and should get the name of the MSE Representative that assists them in Termination. Customer is not entitled to a refund, either full or partial, for any of MSE's Payment Plans because of any Termination by Customer. However MSE may charge a $5.00(five dollars) Refund Fee in the event that MSE chooses to refund a portion of a prepayment or overpayment by Customer. Any Termination by Customer shall be effective at the end of the current Calendar Month if timely Termination notice was given and no refund shall be given for partial month(s). Customer should NOT under any circumstances attempt to login or connect to MSE with a Terminated Account after Termination. If Customer uses the Account according to our records at any time after Termination, Customer shall be liable for that month's entire Service Fee. In addition, if Customer or Customer's Business/Organization or the like reactivates or opens a new Account, Customer shall still be liable for previously incurred Service Fees and Assessments B. MSE reserves the right to Terminate Customer's Account at any time and for any reason. In such an event, any Service Fee Payments made by Customer will be pro-rated from the date of Termination minus any outstanding Assessments as provided for in this Agreement and MSE is not obligated to disclose any reason for Termination. C. When any Account is De-Activated or Terminated, MSE shall remove any data on our machines and MSE is not responsible for any loss, including but not limited to loss of data, files, or other material in the event of Account Termination. D. Any free month(s) given for Extended Subscriptions are added as the final month(s) of Service and no refund will be given for any Termination either by MSE or Customer for free month(s). IV. General Provisions A. This Agreement constitutes the entire agreement between the parties. No representation, promise or agreement not contained herein shall be of any force or effect. B. MSE cannot be responsible for lost/misdirected mail and/or messages left with others, including machines. C. Customer agrees to release all claims of liability against MSE relating to and arising from Customer's Account and/or our Provision of Services under this Agreement. This includes, but is not limited to, any files, pictures, text, and/or data or the like sent or received while connected to our Service or any loss due to Service Outage(s) and/or damage to Physical Machine(s) or facilities. 1. MSE reserves the right but does not have the responsibility to review and/or remove any information, data, or the like stored on our Physical Machine(s) at any time and is not responsible for any loss due to review and/or removal, either intentional or unintentional. D. Customer assumes all responsibility and liability of Hardware, Setup, Maintenance and Use of the Account and Internet Connection at and for their site(s) and any costs incurred therein and any Intellectual Property rights therein. E. Customer's use of their Account, whether use was direct or indirect such as name resolution constitutes acceptance of these Terms and MSE reserves the right to change any of these Terms at any time. MSE shall Post the latest Revision of this Agreement on our HTTP Server at the address http://www.msenetworks.com/legal/. Any Revision Posted will be effective 30(thirty) days after Posting of the Revision and shall include date of the Revision(Posting). Customer is responsible for checking this address often to become aware of any Revisions of this Agreement and acknowledges that there may be a more recent Revision of this Agreement posted at any time. Customer's continued use of their Account, whether direct or indirect, 30(thirty) days after the Posting of the Revision constitutes their acceptance to be bound by the Agreement regardless of when Customer becomes aware of the Revision. If any Revision Posted is not acceptable, Customer must Terminate their Account as provided for in Section III. F. Customer is at least eighteen(18) years of age. G. Customer agrees to indemnify and hold harmless MSE, its employees, partners, and the like from any lawsuit and waives the right to seek punitive damages. In no event shall Customer recover from MSE and/or it's employees an amount in excess that due MSE under this Agreement. H. Customer shall be responsible for any costs and if allowed by law, reasonable attorney's fees incurred as a result of Customer's breach of this Agreement. I. MSE accepts no responsibility nor liability for any disputes arising out of or related to our provision of Service. J. If any provision of this Agreement shall be held invalid, illegal, or unenforceable, the validity, legality and enforceability of the other provisions shall not be affected thereby, and there shall be deemed substituted for the provision at issue a valid, legal and enforceable provision as similar as possible to the provision at issue. K. Customer agrees to use the Account only for lawful purposes. L. No waiver by MSE to any default hereunder shall operate as a waiver of any other default or of the same default on a future occasion. No delay on the part of MSE in exercising any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude other or future exercise thereof or the exercise of any other right or remedy. M. This Agreement, and the rights and obligations of the parties hereto, shall be governed by and construed in accordance with the laws of the State of Wisconsin and any matter, conflict, litigation or the like shall be adjudicated at a court at or nearest to Stevens Point, Wisconsin. N. Proper Notification shall be defined as an Electronic Mail(email) sent to Customer's current email address on record with MSE. Responsibility for receipt of the email lies wholly with Customer and MSE accepts no responsibility for lost or unread email, further the Account shall be deemed Properly Notified upon the email being accepted by the mail server responsible for the account at the time the email was delivered. Web Notification shall consist of an electronic message posted/published on MSE's world wide web server on a link or multiple clicks/links available from the starting point of http://www.msenetworks.com/. -rev. 03.3.00

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