

Please read our legal policies in regard to your
internet service and responsibilities.
**We require that all customers acquire power supply/ backup systems or surge
protection and lightning arrestors to ensure adequate
protection against power supply issues and lightning. We also recommend
businesses or anyone wishing to protect sensitive materials, acquire a firewall.
CCVNET Networks Customer Agreement - More Fine Print
This CCVNET Customer Agreement ("Agreement") is entered into between Cripple
Creek Victor Net ("CCVNET" or "we"), having an office at 118 So. 4th, Victor, CO
80860, and the customer designated on the Work Order ("Customer" or "you"). Our
mailing adress is POB 713, Victor, CO 80860. The parties agree to the following:
TERMS AND CONDITIONS
1. INSTALLATION.
1.1 You authorize CCVNET or its authorized contractors to install a
customer premise unit, software, wiring and other equipment
("Equipment"), at the address you provide ("Premises") for CCVNET
internet service ("Services").
1.2 To provide the Services, CCVNET is required to complete the
installation of various equipment ("Installation") at the Premises. The
standard Installation includes but is not limited to the installation of the
antenna, digital transceiver, down converter, routing of cable, and wireless
modem, as applicable (" Equipment") by the most direct path to your
computer. Any custom installation work that you request, including
placing cable under carpet, through cabinets, through interior walls or
inside molding, may require an additional charge. CCVNET will not be liable
for any alterations to Premises that result from the installation or removal of
Equipment, including but not limited to, any holes in walls, cable wiring or
antenna mounting brackets.
2. SERVICES.
2.1 CCVNET will provide the Services to you subject to the terms and
conditions of this Agreement and a work order signed by you and us
("Service Agreement") and any applicable tariffs.
2.2 You represent and warrant to CCVNET that you are at least 18 years of
age and verify and acknowledge that the Services are being installed with
your permission in your home, business, or designated location.
2.3 CCVNET may revise, modify or discontinue at any time any or all
aspects of the Services, including but not limited to the Service and
Equipment prices, any applicable tariffs, and any terms and conditions in
this Agreement.
2.4 You must install, operate, and maintain any hardware or software not
provided by CCVNET ("Customer provided"). You agree that CCVNET is
not responsible for the information transmitted or received on any
hardware or software provided by you.
2.5 You will ensure that any hardware or software you provide is
compatible with the Services. If this hardware or software impairs your use
of the Services, you will continue to pay CCVNET for the Services. If
CCVNET notifies you that hardware or software provided by you impairs
or is likely to impair the Services, you agree to immediately eliminate the
impairment. CCVNET may suspend the Services until the impairment is
corrected. At your request, CCVNET may troubleshoot difficulties caused
by hardware or software provided by you at CCVNET's then current
standard list prices.
2.6 CCVNET is not liable if any changes in the Services cause any
hardware or software provided by you to become obsolete, require
alteration, or affect performance of the hardware or software. BECAUSE
CCVNET HAS NO CONTROL OVER THE INTERNET, ITS CONTENT OR
RATE OF ACCESS, CCVNET CANNOT GUARANTEE ACTUAL
CONNECTION SPEEDS WITH RESPECT TO THE INTERNET.
2.7 To prepare for Services you will:
2.7.1. At your expense, prepare your site(s) to comply with CCVNET's
installation and maintenance specifications. Installations requiring time
and materials beyond normal working conditions may result in additional
install fees.
2.7.2. Pay CCVNET any applicable charges to relocate any installed
Services;
2.7.3. Provide CCVNET and its suppliers reasonable access to Premises to
perform any required acts; and
2.7.4. Be responsible for cabling that connects equipment not provided by
CCVNET for the Services.
2.8 If you are purchasing equipment upfront, You acknowledge and agree
that you are purchasing the Equipment and in the event you terminate the
Services, CCVNET will have no obligation to remove the Equipment from
the Premises. However, if you terminate your Services prior to the end of
the Term, and if you fail to pay the Termination Fee as provided in Section
3 below, CCVNET will have the right, but not the obligation, to remove and
resell or reuse the Equipment.
3. TERM AND TERMINATION; TERMINATION FEE.
This Agreement will have a term ("Term") as designated on the Work
Order. At the end of the Agreement's initial Term, this Agreement will
automatically renew for successive one month periods ("Renewal Terms")
unless either party provides the other party written notice of its intent not
to renew at least 30 days before the end of the current term. If you
terminate this Agreement before the end of the Term or Renewal Term, you
agree to pay to CCVNET a termination fee equal to the number of months
in the Term remaining at the time of termination. Upon termination of this
Agreement, you will not attempt to utilize the service or utilize any
purchased Equipment to connect to, or otherwise utilize the Services or
assist any third party to connect to or utilize the Services. Any
unpurchased equipment will be removed form your property, and is the
property of CCVNET.
4. PAYMENT TERMS.
4.1 You agree to pay for the Equipment, if purchasing it, and Services and
all other charges described in this Agreement, including the Work Order,
and to comply with all of the terms and conditions of this Agreement. You
will pay CCVNET's invoice(s) in U.S. currency by the invoice due date. You
will pay any applicable sales, use, excise and like taxes that are stated
separately on each invoice. If you fail to pay all valid charges for the
Services when due, CCVNET may charge you interest on those charges
equal to the lesser of 3½% per month or the maximum rate allowed by
CCVNET tariff(s) or by law.
4.2 You agree to pay for the Equipment, if purchasing it, and the Services
by the use of a valid personal or business check or a valid credit card,
provided that CCVNET may elect to implement new payment policies, in its
sole discretion at any time. You agree that all Service Charges, and if
applicable, late fees, reconnection charges and all applicable fees and other
taxes will be collected automatically through the existing method of
payment. By signing an authorization form and providing CCVNET an
impression of your credit card and/or credit card number for billing, you
agree to recurring monthly fees as outlined in your service agreement.
Installation fees, first and last month's service and other applicable taxes
and fees are due and payable upon installation. All service contracts are
for 24 months unless otherwise agreed upon in writing.
4.3 If you fail to pay any amounts owing to CCVNET within 14 days,
CCVNET will have the absolute right to disconnect the Services without
notice. Upon disconnection, you agree to immediately pay all amounts
owing to CCVNET.
4.4 You may in good faith withhold payment of any disputed charges. You
agree to pay all undisputed charges. A charge is not "disputed" until you
provide CCVNET with written explanation of the disputed charge. You
agree to cooperate with CCVNET to resolve any disputed charge
expeditiously. If CCVNET in good faith determines that the disputed
charges are indeed valid, you agree to pay the charges within 10 days after
being notified of this determination by CCVNET.
4.5 You authorize CCVNET to perform a credit check prior to providing
Equipment or the Services. CCVNET may refuse to provide Equipment or
the Services or may require a security deposit based on your credit
standing. If a security deposit for the Services or Equipment is required,
CCVNET will hold the deposit as partial guarantee of payment. The deposit
cannot be used by you to pay any bills or to delay payment. 90 days after
termination of this Agreement, any remaining deposit will be returned to
you without interest after deducting any charges owed by you to
CCVNET.
4.6 CCVNET will have the right to convert the monthly Service Charge to a
usage based billing system ("Usage Based Billing") by delivering to you a
written notice or electronic mail that CCVNET intends to commence usage
based billing.
4.7 Subject to availability, CCVNET may offer to you additional services,
subject to terms and conditions of CCVNET's current price list.
5. SERVICE INTERRUPTIONS.
5.1 Although CCVNET will make commercially reasonable efforts to
maintain the Services, you may experience service interruptions. CCVNET
assumes no responsibility or liability for interruption of the Services,
whether due to (without limiting the generality of the foregoing):
5.1.1. Failure or of any part of the Services for any reason, whether related
to hardware, software, wiring or any other equipment;
5.1.2. Interruptions due to periodic testing or system alterations, including
modifications to Equipment;
5.1.3. Power failures, riots, civil unrest, acts of war, or acts of God,
including hurricanes, floods, ice, wind, lightning, and accidents; or
5.1.4. Regulations, orders, decisions or acts of any lawfully constituted
authority or court.
6. SERVICE AND REPAIRS; LIMITED WARRANTY.
6.1 CCVNET assumes no responsibility and is not responsible for the
operation, maintenance, or repairs of your computers or existing wiring or
other equipment.
6.2 If CCVNET damages the Premises during the Services' installation or
maintenance, CCVNET will compensate the owner of Premises for
reasonable, actual and documented costs of necessary repair, not to
exceed $1,000 or actual costs whichever is less.
6.3 If you are purchasing equipment, CCVNET will provide you, the original
purchaser, with a limited warranty of the modem, transceiver and
installation thereof during the Term of this Agreement or 12 months,
whichever is greater. Pursuant to this warranty, if a problem develops with
the modem, transceiver or installation thereof, CCVNET will repair or
replace the affected modem, transceiver, and/or correct the installation
problem at no charge to you. This warranty excludes any damage to the
modem or transceiver resulting from Customer abuse or negligence and/or
Acts of God, as determined solely by CCVNET. If you sell the modem or
transceiver during the Term or thereafter, the warranties provided herein
will immediately terminate. Any other equipment will be covered by
manufacturer's warranties and will not be separately warranted by
CCVNET.
6.4 Any repair or replacement of the Equipment and/or correction of an
installation problem following the expiration of this Agreement will be the
responsibility of the customer. Any services performed by CCVNET at that
time will be at the then-current CCVNET hourly rate and/or list price.
6.5 If the Equipment contains software, you understand and agree that:
6.5.1 You are granted a personal, nontransferable and nonexclusive right to
the use of software for your own business purposes;
6.5.2 No title to the software is being transferred
6.5.3 The software will not be reproduced or copied in whole or in part
except as necessary for authorized use, and such copy shall contain the
same copyright notice and proprietary marketing as appears on the
original; and
6.5.4 You will not reverse engineer, decompile or disassemble the software.
7. ACCEPTABLE USE POLICY.
7.1 When you use the Services for Internet access, you must protect the
CCVNET network by either disabling or password protecting file and print
sharing on your computer(s) or have a firewall solution that prohibits
unauthorized access to your computer. When using the Service, you may
not:
7.1.1 Restrict or inhibit any other user from using the Internet;
7.1.2 Post or transmit any unlawful, threatening, abusive, libelous,
defamatory, vulgar, obscene, indecent, profane, hateful, bigoted or
otherwise objectionable information of any kind, including without
limitation any transmissions, constituting or encouraging, conduct that
would constitute a criminal offense, give rise to civil liability, or otherwise
violate any local, state, national or international law, including without
limitation US export control laws and regulations;
7.1.3 Post or transmit any information or software that contains a virus,
trojan horse, worm or other harmful component;
7.1.4 Post, publish, transmit, reproduce, distribute or in any way exploit any
information, software or other material obtained through Services for
commercial purposes;
7.1.5 Upload, post, publish, transmit, reproduce, or distribute in any way,
information, software or other materials, or other proprietary right, or
derivative works without obtaining permission of the copyright owner or
right holder;
7.1.6 Upload, post, publish, reproduce, transmit or distribute in any way
any component of the Services or derivative works, as Services are
copyrighted as a collective work under US copyright laws;
7.1.7 Remove or alter copyright management information including, without
limitation, name or identification information of the author or owner,
copyright note or terms & conditions for
use of a work;
7.1.8 Avoid, bypass, remove, deactivate or circumvent by any means, any
process or system such as copy protection systems that are intended to
protect the rights of a copyright owner;
7.1.9 Send unsolicited e-mail that causes complaints from the recipients of
the unsolicited e-mail;
7.1.10 Send large quantities of unwanted or unsolicited e-mail to individual
e-mail accounts (also known as "spamming" or "mailbombing");
7.1.11 Make any unauthorized attempt to gain access to any account or
computer resource not belonging to that user
7.1.12 Attempting to send e-mail or newsgroup articles or postings using a
name or address of someone other than yourself, attempting to
impersonate any person or using forged headers or other identifying
information.
7.1.13 Engage in conduct which interferes with CCVNET's ability to provide
the Services or interferes with the rights of others including, but not
limited to hacking, circumvention of user authentication or security of any
host network, or account, "denial of service" attacks (port scans, flooding
of networks, deliberate overload attempts, etc.);
7.1.14 Can or probe the security of the CCVNET or any other network for
any purpose whatsoever by the use of packet sniffers, siphons, decoders
or other methods;
7.1.15 Obtain or attempt to obtain Services by any means or device with
intent to avoid payment;
7.1.16 Unauthorized access, alteration, destruction, or any attempt, of any
information of any CCVNET customers or end-users by any means or
device;
7.1.17 Use CCVNET's products and services to interfere with the use of the
CCVNET network by other customers or authorized users;
7.1.18 Violate the law or aid another in any unlawful act;
7.1.19 Resell the Services or any other CCVNET service to any third parties
without prior express written consent from CCVNET;
7.1.20 Engage in any commercial or business activities using a residential
account without prior express written consent from CCVNET;
7.1.21. Run programs or servers that provide network services to others
through the Services which includes, but is not limited to, web hosting,
multi-user interactive forums, game servers, operating an internal
mail/http/ftp/irc/dhcp server to serve external connections or support
multi-user interactive forums;
7.2 You are responsible for ensuring that your usage of the Services does
not improperly restrict, degrade or adversely affect any other user's use of
the Services, nor represent, in CCVNET's sole judgment, an unusually large
burden on the network itself. You must comply with the then current
bandwidth, data storage and other limitations on the Services. If CCVNET
determines that your account is exceeding the bandwidth limits, you will be
notified by e-mail. If the excess use continues for more than 10 days, the
Services may be suspended or terminated. If excessive bandwidth
utilization is determined by CCVNET to adversely affect CCVNET's ability
to provide the Services for its other customers, immediate action may be
taken to alleviate the problem. In such event, you will be notified by e-mail
as soon as practicable.
7.3 Except for information, products or services clearly identified as being
supplied by CCVNET, CCVNET does not operate or control any
information, products or services on the Internet.
7.4 The Internet contains unedited materials that may be offensive or
objectionable to you. You access these materials at your own risk.
CCVNET has no control over and accepts no responsibility for these
materials. Customer may wish to utilize software designed to limit access to
certain material on the Internet.
7.5 IF AT ANY POINT IN TIME CCVNET DISCOVERS THAT THE
CUSTOMER IS 'SHARING' THEIR NETWORK CONNECTION, WITHOUT
THE EXPRESS PERMISSION OF CCVNET, THEN THE CUSTOMER WILL
BE SUBJECTED TO A $10,000.00 FINE PLUS ANY LEGAL FEES.
7.6 YOU UNDERSTAND THAT YOU MAY BE HELD LIABLE BOTH
UNDER CIVIL AND CRIMINAL LAW FOR INFRINGEMENTS OF THE
INTELLECTUAL PROPERTY RIGHTS OF OTHERS. YOU MAY BE HELD
LIABLE FOR ALL ACTUAL DAMAGES AND PROFITS, ATTORNEY'S
FEES, COSTS, OR THE COURT MAY AWARD STATUTORY DAMAGES
UNDER THE COPYRIGHT ACT. CRIMINAL LIABILITY CAN ALSO
INCLUDE FINES AND IMPRISONMENT.
7.7 CCVNET may take any action it deems appropriate without notice to
protect the Services and its facilities for provision of the Services. If
CCVNET denies you access to the Services pursuant to this Section, you
will have no right: (I) to access through CCVNET any materials stored on
the Internet, or (ii) to access third party services, merchandise or
information on the Internet through CCVNET, and CCVNET will have no
responsibility to notify any third-party providers of services, merchandise
or information nor any responsibility to any consequences resulting
from lack of notification.
7.8 CCVNET has no obligation to monitor the Services. You agree that
CCVNET has the right to monitor the Services electronically from time to
time, and you consent to CCVNET's access, use and disclosure of any
information as necessary to satisfy any law, regulation or other
governmental request, to operate the Services properly, to improve the
Services, or to protect itself or its customers. CCVNET reserves the right to
refuse or to remove any information or materials, in whole or in part, that in
its sole discretion are unacceptable, undesirable, or in violation of this
Agreement.
7.9 If you wish to make purchases on the Internet, you may be asked by
the merchant or service provider from whom you are making the purchase
to supply certain information, including credit card or other payment
mechanism information. You agree that all information you provide any
merchant or information or service provider on the Internet for the
purposes of making purchases will be accurate, complete and current. The
merchants and information and service providers offering merchandise,
information and services on the Internet set their own prices and may
change prices or institute new prices at any time. You agree to pay all
charges incurred by users of your account and credit card or other
payment mechanism at the prices in effect when the charges are incurred.
You also will be responsible for paying any applicable taxes relating to
purchases on the Internet.
Section 8. USE OF PERSONAL IDENTIFIABLE INFORMATION.
8.1 You understand and agree that CCVNET's network gathers information
about Internet usage such as the sites visited, session lengths, bit rates
and number of messages and bytes passed. CCVNET uses this information
in the aggregate. CCVNET may share this aggregated information with
other parties from time to time. CCVNET will not use or disclose any
personal identifiable information regarding Internet usage unless
compelled by a court order or subpoena or You consent to the use or
disclosure or to protect CCVNET's Services and facilities.
Section 9. LIABILITY AND INDEMNIFICATION.
9.1 CCVNET AND ITS SUBCONTRACTORS WILL NOT BE LIABLE FOR
ANY LOSS OF DATA OR DAMAGE TO HARDWARE THAT OCCURS
DURING INSTALLATION OF OR ANY SUBSEQUENT SERVICE
PERFORMED ON YOUR COMPUTER IN SUPPORT OF THE SERVICES.
YOU AGREE THAT IT IS YOUR RESPONSIBILITY TO COMPLETELY
BACKUP YOUR COMPUTER BEFORE INSTALLATION. YOU FURTHER
AGREE THAT CCVNET OR ITS SUBCONTRACTORS ARE NOT
RESPONSIBLE FOR ANY PROBLEMS WITH YOUR COMPUTER AFTER
INSTALLATION OF OR ANY SUBSEQUENT SERVICE PERFORMED ON
YOUR COMPUTER IN SUPPORT OF THE SERVICES.
9.2 CCVNET is not liable in contract or tort for unauthorized access by a
non-CCVNET individual or entity to customer's transmission facilities or
customer premise equipment, or for unauthorized access to, or alteration,
theft, or destruction of customer's data files, programs or other information
through accident, wrongful means or any other cause.
9.3 YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY AND ALL
LOSS OR DAMAGES RESULTING FROM ANY CAUSE, INCLUDING
CCVNET'S OR ITS SUBCONTRACTOR'S NEGLIGENCE, WILL BE A
REFUND OF ANY SERVICES, CHARGES AND FEES PAID TO CCVNET
UP TO THE TIME THE DAMAGE IS DISCOVERED. NEITHER CCVNET
NOR ITS SUBCONTRACTORS WILL BE LIABLE FOR ANY
CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY,
DAMAGES TO PROPERTY, OR LOSS OF BUSINESS.
9.4 THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND. ANY
WARRANTIES UNDER THIS AGREEMENT ARE EXCLUSIVE AND ARE
IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED, IMPLIED, OR
STATUTORY, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR USE FOR PARTICULAR
PURPOSE OF WARRANTIES OF NON-INFRINGEMENT. NO CCVNET
ADVICE OR INFORMATION GIVEN WILL CREATE A WARRANTY.
NEITHER CCVNET NOR ITS AFFILIATES WARRANT THAT SERVICES
WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY
INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE ON
SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS.
9.5 IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE
ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS,
ADVICE, SERVICES AND OTHER INFORMATION, AND THE QUALITY
AND MERCHANTABILITY OF ALL MERCHANDISE, PROVIDED
THROUGH SERVICES OR ON THE INTERNET GENERALLY. CCVNET,
ITS AFFILIATES OR ITS SUBCONTRACTORS WILL NOT BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR
CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR USE OF OR
INABILITY TO USE SERVICES OR TO ACCESS THE INTERNET OR
YOUR RELIANCE ON OR USE OF OFFERS, CLAIMS,
REPRESENTATIONS, PROMOTIONS AND TRANSACTIONS,
INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON OR
THROUGH THE INTERNET OR INTERNET SERVICES, OR THAT
RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION
OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION,
TRANSMISSION OR ANY FAILURE OF PERFORMANCE.
9.6 You agree that you will properly use the Services and will not, nor will it
permit or assist others to, use the Services for any purpose other than their
intended purpose, fail to maintain a suitable environment according to the
manufacturer's specifications, or tamper with the Services. If you fail to
comply with this Section, you will release CCVNET from all liabilities or
obligations (including any warranty or indemnity obligation) to you under
this Agreement and you will pay CCVNET all costs or damages CCVNET
incurs. If any person not a party to this Agreement makes any claim
against CCVNET, its affiliates or its subcontractors, relating to Equipment
or the Services that are the subjects of this Agreement, or arising out of the
use of the Equipment or the Services by you or an authorized user of your
account, including the placement or transmission of any message,
information, software or other materials on the Internet, you agree to
indemnify and hold CCVNET, its affiliates and subcontractors harmless
from any and all such claims and lawsuits, including the payment of all
damages, expenses, costs and reasonable attorney's fees.
9.7 The limitations on liability and indemnification provisions expressed in
this Agreement will inure to the benefit of and apply to CCVNET's parent,
subsidiary and affiliated companies, and to any subcontractors performing
work on CCVNET's behalf.
9.8 This Section 9 will survive any termination of this Agreement.
Section 10. MISCELLANEOUS.
10.1 You agree to notify CCVNET in writing of any change of occupancy or
ownership or tenancy. If you vacate the Premises, this Agreement will be
subject to termination and CCVNET will have the right to disconnect the
Services and remove the CCVNET owned equipment.
10.2 You warrant that you own the Premises to which Services will be
provided, or you have obtained the valid consent of the owner for any
necessary changes to the Premises or with the Premises wiring that arise
out of the installation, maintenance, repair and removal of Equipment. In
addition, Customer has reviewed any restrictive covenants or homeowners
restrictions ("Restrictions") to confirm that Customer may place an antenna
on the Premises. If it is later determined that the installation of the RF
Equipment violates any Restrictions or that Customer failed to obtain
appropriate permission, CCVNET may immediately terminate this
Agreement and discontinue the Services. Customer agrees to hold
harmless CCVNET for any damages or losses caused by your (I) failure to
comply with the Restrictions or (ii) failure to secure appropriate permission.
CCVNET may in its discretion, require evidence that Customer has
obtained appropriate permission.
10.3 You agree that you will not permit or assist others to abuse or
fraudulently use the Services, including, but not limited to, unauthorized or
attempted access, alteration, or destruction of another CCVNET customer's
information, or using the Services that cause interference with another
customer's or authorized user's use of the CCVNET network. Illegal and
unauthorized attachments to its facilities are costly to CCVNET and may
create interference and a degradation of the Services to other customers.
CCVNET will be obligated to seek legal redress and assist in the criminal
prosecution in matters involving illegal and unauthorized
connections and attachments and injury to its wiring or facilities.
10.4 CCVNET's failure to enforce strict performance of any provision of this
Agreement will not be construed as a waiver of any provision or right.
Neither the course of conduct between parties nor trade practice will act to
modify any provision of this Agreement.
10.5 With e-mail notification, CCVNET reserves the right to charge for
customer calls into technical support or for on-site technical support.
10.6 Additional services may be offered as available and may be subject to
service specific terms and conditions and pricing.
10.7 Subject to availability, CCVNET will support and charge for the
connectivity of multiple computers to a single connection. CCVNET may
install wiring for additional computers, setup a hub purchased from
CCVNET, and configure computers for Internet connectivity. CCVNET will
not support file and print sharing or other local area network functionality.
10.8 In accepting this Agreement, you are not relying on any
representations or promises not in this Agreement. When signed by the
parties, this Agreement together with the Work Order will constitute the
parties' entire understanding regarding Equipment and the Services; and
supersedes all agreements or discussions, oral or written, regarding the
Equipment and the Services, unless explicitly in this Agreement.
10.9 CCVNET is an independent contractor under this Agreement. The
parties' relationship and this Agreement will not constitute or create an
association, joint venture, partnership, or other form of legal entity or
business enterprise between the parties, their agents, employees or
affiliates.
10.10 If either party fails to enforce any right or remedy under this
Agreement, that failure is not a waiver of the right or remedy for any other
breach or failure by the other party.
10.11 This Agreement's benefits do not extend to any third party, unless
expressly stated in this Agreement. CCVNET may assign this Agreement
without your prior written consent if: (I) the assignment is to a successor in
interest, by merger, operation of law, or by assignment, purchase, or
otherwise of CCVNET's entire business, or (ii) the assignment is to the
parent, affiliate or subsidiary of CCVNET.
10.12 Neither party will use the name, service marks, trademarks, or trade
secrets of the other party or any of its affiliates for any purpose, including,
but not limited to, press releases, without the other party's written consent.
10.13 CCVNET may modify this Agreement at any time. Notice to you will
consist of updating the Terms and Conditions on the CCVNET website at
http://www.ccvnet.net or sending an e-mail to your primary CCVNET
Services address.
10.14 You grant to CCVNET or any appointed subcontractors an
irrevocable license to enter into or onto your Premises during normal
business hours, in order to install, repair, replace or remove Equipment.
This license will survive termination or cancellation of this Agreement and
will run with the land and inure to the parties' successors and assigns.
10.15 If You change your address, You will notify CCVNET in writing of
your new address before the move and You will remain liable for all of its
obligations under this Agreement. You agree to pay the standard CCVNET
transfer charges plus any additional payments required for installation of
Equipment at Customer's new location.
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Cripple Creek Victor Net,
LLC
POB 713,
Victor, CO 80860
719-266-3464
information@ccvnet.net
This is a ZStudios website. Copyright 2004.