Customer & User Agreement

By commencing usage of iDockUSA's wireless Internet services, you have agreed to the terms of this agreement. Please read this agreement carefully.

The terms and conditions of this agreement shall govern the relationship between you ("Client") and iDockUSA ("iDockUSA")..

iDockUSA shall provide a client connection ("Connection") to the Internet from iDockUSA's closest wireless access point. Client shall pay iDockUSA a Subscription ("Subscription") during the term hereof.

Client will be invoiced in advance for all amounts due and owing to iDockUSA. Subscription fees will automatically renew unless terminated by Client by contacting iDockUSA in writing or by e-mail at support@icoacorp.com by the 20th of the preceding month's billing period.

Clients must provide iDockUSA accurate and complete billing information including legal billing name, address, e-mail address, and telephone number. Client may also provide credit card information for purposes of billing. Client further authorizes iDockUSA to automatically apply charges to credit card each billing period until agreement is terminated. Client must report any changes or modifications to name, address, telephone, e-mail address or credit card information within 30 days of change.

iDockUSA reserves the right to change prices and institute new fees at any time. Customers are responsible for any charges to their account. Any disputes to charges to accounts must be disclosed to iDockUSA by calling 866-464-3625, faxing a letter, mailing a letter or by e-mail support@icoacorp.com. All charges are considered valid unless disputed in writing within 60 days of the billing date. Adjustments greater than 60 days old will not be made for any reason.

I understand that wireless Internet connectivity utilizing EEEI 802.11b standards requires direct radio line of sight, and that any obstruction between iDockUSA and the client antenna may cause decreased performance. Any obstruction(s) such as foliage, erection of building or other structures, other objects such as other boats may interfere with or degrade the Connection.

The wireless radio, adapter card, antenna, and cable are the property of the Client. If the Client purchases hardware from iDockUSA or any other source to be self installed, it is the Clients responsibiliy to install such hardware. iDockUSA is not responsible for providing technical support or advice with regard to making this hardware operational. Client can seek technical support from the manufacturer of the hardware device. For any reason, re-configuration of Client's computer settings, network settings, and/or wireless adapter settings is the sole responsibility of the Client.

iDockUSA offers Client access to the Internet. Client hereby acknowledges that the Internet is not owned, operated, managed by, or in any way affiliated WITH iDockUSA or any of it's affiliates, and that it is a separate network of computers independent of iDockUSA. Client's use of the Internet and iDockUSA's wireless network are solely at Client's own risk and is subject to all applicable local, state, national, and international laws and regulations. Access to the Internet is dependent on numerous factors, technologies, broadcast obstructions, and systems, many of which are beyond iDockUSA's authority and control.

iDockUSA's network can only be used in accordance with iDockUSA's Network User Policy (copy can be found at www.iDockUSA.com/networkuserpolicy.htm) and for lawful purposes. The transmission of any material in violation of any local, state, national, or international law or regulation is prohibited. This includes, but is not limited to, copyrighted material, material legally judged to be threatening or obscene, material protected by trade secret, or material that is otherwise deemed to be proprietary or Material judged by iDockUSA to be inappropriate or improper.

The services are provided on an "as is" basis. iDockUSA does not warrant that either the service will be uninterrupted, error-free or free of viruses or their harmful components or intrusions. Additionally, iDockUSA does not warrant that the information on the client computer or the information that is available on iDockUSA's WIRELESS NETWORK is secure or private. Client is responsible for protecting any data transmissions, storage, or transfers on, to and from the Client computer.

iDockUSA makes no warrantee, expressed or implied, including, but not limited to, those of merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, miss-deliveries or service interruption however caused, the security of data including the data broadcasted on the wireless network and/or Internet, or unsecured data available on client computers. Use of any information obtained by iDockUSA's network is at Client's own risk. iDockUSA specifically disclaims any responsibility for the accuracy or quality of information obtained through it's services.

Client waives and release all claims and causes of action accrued at any time and whether known or unknown, against iDockUSA and its shareholders, directors, officers, employees, agents, representatives, subcontractors, suppliers, successors and assigns ("iDockUSA Parties") for any and all loss and damage cuased in the whole or part by iDockUSA Parties and/or your use of the services. If this waiver and release is not given full effect, then the total amount of any liability of iDockUSA Parties, including all attorney's fees and costs, shall not exceed the total fees actually paid by your for the services (excluding amounts paid for other goods or service provided by the company and its affiliates) for the one month preceding iDockUSA's reciept of written notice of your claim.

Routine maintenance and periodic system repairs, upgrades and reconfigurations, public emergency or necessity, force majeure, restrictions imposed by law, acts of God, labor disputes and other situations, including mechanical or electronic breakdowns may result in temporary impairment or interruption of service. iDockUSA will guarentee the wireless broadcast will function at normal operating levels with Internet connectivity 98% of each monthly period beginning on the 1st of each calendar month.

Under California Civil Code Section 1789.3, Customers who are residents of California are entitled to certain consumer rights information such as contact information of the provider of service and any changes to the consumer imposed by such provider. The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814 or by telephone at (916)445-1254.

This Agreement is governed by California law without regard to conflict of law provisions. The federal and state courts located in Los Angeles, California alone have jurisdiction over all disputes arising out of or related to this Agreement and the Services. You consent to the personal jurisdiction of such courts sitting in Los Angeles, California with respect to such matters or otherwise between you and iDockUSA, and waive your rights to removal or consent to removal.

iDockUSA may assign this Agreement without Client's prior consent and all of iDockUSA's rights, title, and interest herein shall inure to the benefit of such assignee, it's successors and assigns. This Agreement shall not be assignable by Client except with the written consent of iDockUSA. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns.

iDockUSA may modify these terms and conditions upon written notice published on it's website, www.iDockUSA.com. Client's continued use of service after such notice shall constitute Client's acceptance of the modification of this Agreement implied in fact.

iDockUSA reserves the right to terminate this Agreement and the services to Client.

This Agreement contains the entire agreement of the parties hereto with respect to the matters covered hereby and superseded any other prior or simultaneous agreement related to such matters.

 

 

   
   
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