EasyTEL Communications, Inc.
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Terms of Use

 

Terms of Use and Standard Terms and Conditions Agreement
EasyTEL Communications, Inc.
7335 S. Lewis Ave.
Tulsa, Oklahoma 74136
(918) 523-8000

Terms of Use Policies and Standard Terms and Conditions Agreement

BY YOUR USE OF THIS WEB SITE OR BY YOUR PURCHASE OF PRODUCTS OR SERVICES FROM EASYTEL COMMUNICATIONS, INC. (COMPANY), YOU ARE INDICATING YOUR ACCEPTANCE OF THE TERMS OF THIS AGREEMENT. BY YOUR USE OF THIS WEB SITE, BY YOUR PURCHASE OF PRODUCTS OR SERVICES OR BY YOUR CONTINUED USE THE SERVICES PROVIDED BY OUR COMPANY, YOU ARE ENTERING INTO A BINDING AGREEMENT WHICH MAY AFFECT YOUR RIGHTS REGARDING THE USE OF THE TOOLS ACCESSED THROUGH THIS WEB SITE AS WELL AS THE USE OF THE SERVICES PROVIDED BY THIS WEB SITE OR BY OUR COMPANY TO YOU, YOUR EMPLOYEES, AND THOSE WHO MAY BE CLAIMING BY OR THROUGH YOU. IF YOU ARE NOT IN AGREEMENT WITH THE TERMS AND CONDITIONS SPECIFIED HEREIN YOU MAY NOT USE THIS SITE NOR MAY YOU PURCHASE, USE, OR CONTINUE TO USE THE SERVICES PROVIDED BY OUR COMPANY.

This agreement is made on the date which a person, partnership, corporation or other entity, hereinafter referred to as the Customer, first acquires products or accesses or uses any tools, content or services provided by the Company by any means including through this web site. This agreement is by and between the Customer and EasyTEL Communications, Inc., hereinafter referred to as Company.

  1. This agreement applies when the Company directly or indirectly supplies its products or services to a Customer. Any sale to the Customer is made on a non-exclusive basis and the Customer understands that the Company is selling the same or similar products and services to other customers. Fees for the use or continued use of any such services or products will be determined by the Company and be paid by the Customer upon demand made by the Company. The Customer acknowledges that this agreement will apply to all products and services sold to the Customer by the Company including the continued use of any products or services and that this "Terms of Use Policies and Standard Terms and Conditions Agreement" may change from time to time and that the Customer agrees that the continued use of any products or services by the Customer or his employees, and those who may be claiming by or through him signifies the Customer's acceptance and agreement with any changed terms and conditions. This agreement and future modifications to the agreement will be posted on the Company's web site and the Customer will access and review the agreement as necessary to assure the Customer's compliance with this agreement.
     
  2. The Customer acknowledges that the cost of telephone support, consultation, maintenance or other services which the Customer may need for the products and services acquired from the Company is not included. Should the Customer desire to acquire telephone support, consultation, maintenance or other services, the Customer shall pay the then prevailing rate charged by the Company for such telephone support, consultation, maintenance or other services. All such charges for hourly rate services shall be calculated at one quarter hour intervals. All such charges for materials shall be made at a cost determined by the Company. The Customer shall pay any and all such charges on demand. Although the Company may make available any such support, consultation, maintenance or other services, nothing shall require the Company to supply support, consultation, maintenance or other services.
     
  3. The Company may make available updates, enhancements, or modifications to the products or services acquired under this agreement to the Customer. However, nothing in this agreement shall be construed to require the Company to supply any such updates, enhancements, or modifications.
     
  4. The Customer agrees that his use of any web hosting, e-mail services, or services which may be used to access the Internet will not be used to access, communicate or display any content which may be considered to be illegal, against public policy, or consists of content of a highly sexual nature or may be considered to be pornographic. The Customer agrees that the Company reserves the right to cancel the supply of services or products which it deems, in its sole judgment, may be used to access or supply such content or content which is deemed offensive. The Company reserves the right to access, review, and delete any material on web sites hosted by the Company that the Company determines is unprofessional, inaccurate, or contains objectionable material. Although the Company may make such reviews of web sites or decisions regarding any content within services offered or acquired by the Customer, the Company shall not be responsible for review, editing or taking any other steps to monitor the content of web sites hosted by the Company or downloaded by its customers.
     
  5. The Customer agrees not to send unsolicited e-mails, also referred to as spam, through the use of any of the products or services supplied by the Company. The Customer agrees that the Company may, although it will not be required, to take steps necessary to prohibit such unsolicited e-mail and that it may immediately discontinue any service to any Customer for any reason whatsoever.
     
  6. The Customer acknowledges that the use of any of the Company's Web Products, Consultation, Communication Products or Services which relate to the Internet may be highly unreliable and that access to said Products, Consultation, or Services may not be available. In addition, the Customer agrees that the Company has taken measures to provide security, but that there can be no guarantee of the security of information submitted through the Internet. The Customer expressly waives any and all claims against the Company from these events.
     
  7. The Customer agrees that damage to Customer's property may result from the installation or removal of any equipment installed by the Company on the Customer's premises. In addition, damage to the Customer's property may result from power surges, lightening strikes, and other such events. The Customer agrees that the Company will not be liable for any such damages.
     
  8. IT IS AGREED AND UNDERSTOOD THAT THE COMPANY MAKES NO WARRANTY WITH REGARD TO THE PERFORMANCE OF ANY OF ITS PRODUCTS OR FOR CONSULTATION AND SERVICES SUPPLIED BY THE COMPANY. IT IS FURTHER UNDERSTOOD THAT THE COMPANY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY, ITS EMPLOYEES OR REPRESENTATIVES, SHALL NOT BE LIABLE FOR ANY LOSS OR CONSEQUENTIAL DAMAGES THAT MAY RESULT TO THE CUSTOMER OR OTHERS THROUGH THE USE OF ANY OF THE PRODUCTS SUPPLIED BY THE COMPANY INCLUDING THE SUPPLY OF CONSULTATION OR SERVICES OR FOR THE FAILURE TO SUPPLY ANY PRODUCTS OR FOR THE FAILURE TO SUPPLY ANY CONSULTATION OR SERVICES AND IN NO EVENT WILL THE COMPANY BE LIABLE FOR AN AMOUNT GREATER THAN THE ORIGINAL AMOUNT PAID BY THE CUSTOMER, TO THE COMPANY, FOR THE PURCHASE OF ANY PRODUCTS, CONSULTATION OR SERVICES.
     
  9. The Customer agrees that any IP address assigned by the Company to the Customer are the property of the Company or the Company's suppliers. The Company may reassign any IP addresses or change IP addresses assigned to the Customer at any time. The Customer will not use any device which would limit the use of non-assigned IP addresses and will cooperate with the Company in the management of any of the Company's network services. The Customer acknowledges that certain of the Company's products and services used by him are proprietary property of the Company or have been licensed by the Company from a third party and have been developed as trade secrets at the Company's expense. The Customer acknowledges that the products and services also include any related documentation and any enhancements, updates, or modifications supplied for the products and services to the Customer. The Customer will not, nor will the Customer permit any of its employees, agents or representatives to assign, resell, or divulge the products, services or the technology used in the products or services.
     
  10. The Company may terminate any services to the Customer at any time without any penalty or liability whatsoever. The Customer expressly waives any and all claims against the Company from any such termination of services. Upon a 30 day notice, the Customer may terminate service from the Company. Should the Customer terminate services the Customer will pay the remaining balance due on any term contract or other amount for termination as may be specified in the agreement between the Company and the Customer. A termination by the Company due to a violation of the conditions set forth in paragraphs 4 and 5 shall be considered a termination by the Customer.
     
  11. The Customer agrees that should the Company supply equipment for which the Company retains ownership then the Company will be provided access to maintain the equipment during the hours of 8:00 AM and 5:00 PM weekdays or as necessary. In addition, should service be discontinued for any reason, then the Company will be provided access from 8:00 AM to 5:00 PM weekdays to remove said equipment. Should access not be provided for maintenance of the equipment, it will be deemed that the Customer has terminated service. Should access not be provided for the removal of equipment then the Company will receive compensation in the amount of $1,000 per day for each day it is unable to remove said equipment. During the term of this agreement, should any such equipment be damaged or stolen then the Customer shall reimburse the Company for the greater of the Cost to replace the equipment including any labor and material or if in case of denial of access for removal, the amount calculated at the stated rate per day during the time that the Company is denied the use of the equipment or its replacement.
     
  12. The Customer will pay any charges for products or for consultation or services provided by the Company to the Customer upon demand or in accordance with the terms and conditions set forth in a separate agreement for services or on an invoice for services. Any balance not paid when due is subject to a finance charge 1½% per month (18% per annum).
     
  13. If the Customer or any other person breaches the covenants set forth in this agreement, as a result of an act or omission by the Customer, the Customer shall be liable for damages plus reasonable attorney fees. The Customer agrees to defend, indemnify and hold harmless the Company, its employees or representatives from and against all claims and expenses including, but not limited to, reasonable attorney's fees and costs arising out of the defense or prosecution of any claim. This agreement will be construed in accordance with the laws of the State of Oklahoma, and the Customer consents that jurisdiction for any legal actions taken to enforce or defend any provisions of this agreement shall be in the United States District Court for the Northern District of Oklahoma or in the Tulsa County District Court, State of Oklahoma. The Company expressly denies consent to jurisdiction in any other forum. Any agreement which modifies this agreement must be in writing executed by an officer of the Company and reference this agreement.