SWCP Customer Contract

Southwest Cyberport Customer Contract

This agreement is between SWCP and Customer. It is effective regardless of signature or return by Customer upon the first instance of: Customer use of services provided by SWCP, receipt by SWCP of customer fees, or receipt by SWCP of contract signed by customer.

1. AGE - Customer represents and warrants that he/she is 18 years of age or older.

2. LATE FEES - Bills are sent to customer on or after the 10th of the month and are due by the end of that month. Bill is considered late after the end of that month and a 5% late fee may be assessed.

3. SWCP CANCELLATION - SWCP reserves the right to cancel any account at any time, for any reason or no reason. SWCP will reimburse Customer for any unused portion of pre-paid fees, minus damages caused by Customer, if any. Cancellation by SWCP shall be effective immediately upon SWCP removing customer's access privileges from SWCP facilities; but SWCP shall promptly notify customer in writing also.

4. CUSTOMER CANCELLATION - Customer may cancel their account at any time, for any reason or no reason. SWCP will reimburse Customer for any unused and prorated portion of pre-paid fees. Customer must pay any fees incurred up to the day of cancellation. Cancellation by customer will be effective on the day that SWCP receives notice in writing. Electronic mail notification shall not suffice (for Customer's protection).

5. CUSTOMER DATA AFTER CANCELLATION - When Customer's account is terminated, Customer's data residing on SWCP computers will be stored for up to 6 months. See the SWCP Policy Statement for storage charges. After 6 months the data will be erased without warning Customer. Arrangements may be made at any time prior to the six months to transfer the data to Customer, at Customer's expense and SWCP's convenience.

6. EXCLUSION OF WARRANTIES - Customer uses SWCP's service at his/her own risk. SWCP does not guarantee any data and is not liable for any damage done to person or property as a result of any data acquired from or through or stored at the facilities of SWCP or involving SWCP's service in any way.

7. LIMITATION OF LIABILITY - SWCP intends to be operational 24 hours a day 7 days a week, but SWCP does not guarantee that. Interruptions of service under one day will not be compensated; longer interruptions will result in extension of service as customer's sole compensation for interruption. SWCP may gratuitously compensate for shorter interruptions. SWCP SHALL NOT BE LIABLE FOR ANY DAMAGES TO THE CUSTOMER OR ANYONE ELSE FOR THE USE OR MISUSE OF SWCP SERVICES BY THE CUSTOMER, INCLUDING WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES. DAMAGES FOR OUTAGES, INCLUDING WITHOUT LIMITATION, LIABILITY FOR SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR INDIRECT DAMAGES WILL NOT EXCEED THE AMOUNT THE CUSTOMER PAID TO SWCP FOR SAID SERVICES.

8. TECHNICAL SUPPORT - SWCP will provide limited free technical support over the phone for Customer. After Customer reaches the limit, they may purchase additional support at SWCP's normal consulting rates. Details are set out in the SWCP Policy Statement.

9. PASSWORDS - Customer is responsible for choosing a password which reasonably protects their account. SWCP is not responsible for charges or damages resulting from mis-use of an account, including unauthorized use by another party. Customer is responsible for any and all charges and damages resulting from mis-use of their account, including consequential damages. See the SWCP Policy Statement for help in choosing a good password.

10. APPROPRIATE USE - When Customer accesses computers, networks, or other resources owned by an organization other than SWCP, they must do so in accordance with that organization's rules, regulations, customs and traditions.

11. LEGAL USE - Customer may not violate any local, state, federal or international laws which involve SWCP's computer network in any way.

12. ACCOUNT TRANSFER - Customer may not transfer use of his/her account to another person without the written permission of SWCP. Customer is encouraged to review item 8 in this contract.

13. POLICY - Customer agrees to read and abide by the SWCP Policy Statement as initially provided and as amended thereafter. The SWCP Policy Statement is included in this document by reference. Customer also agrees to abide by acceptable use policies of any of SWCP's vendor partner if purchasing a product provided in part by these vendor partners. See SWCP Policy Statement for more information on vendor policies.

14. INDEMNIFICATION -

Customer agrees to indemnify, defend and hold harmless SWCP, its officers, directors, employees, agents, shareholders, licensors, and suppliers from and against all claims, liabilities, losses, expenses, damages and costs, including reasonable attorneys' fees, that arise from: (1) any violation of this Policy by customer; (2) any violation of any rights of a third party by customer; (3) any violation of applicable law; (4) information or content that customer submits, posts, transmits or makes available through the Network; or (5) customer's use of the Network.

 
  
  
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