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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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