L A Bridge, Inc. Terms of Service and Customer Agreement
USE OF OUR SYSTEM IMPLIES YOU HAVE READ, AGREE TO AND WILL ABIDE BY THE TERMS OF THIS AGREEMENT. Note: Text shown in this color were added on 06/09/2009
Purpose of the Agreement
1. The purpose of this Agreement is to state the terms and
conditions under which L A Bridge, Inc., a California Corporation (hereafter referred
to as L A Bridge) will provide service to the end user (hereafter
referred to as Customer).
Services Provided
2. For all services provided L A Bridge will provide e-mail and/or Instant Messenger support for operational questions,
phone support for system availability problems, near continuous
up-time, rapid response to any system problems, and secure, controlled
access to files, programming/consulting services, and access to shared
databases. Any equipment provided by L A Bridge will be considered as owned by L A Bridge and returned to L A Bridge within 5 business days of service cancellation, unless otherwise agreed to in writing prior to service activation or during the term of service.
Customer's Agreement
3. Customer agrees to not create or alter files other than those in
their assigned directories.
4. Customer agrees not to use Internet access services for any illegal purposeincluding, but not limited to, the Digital Millennium Copyright Act(DMCA) laws.
5. Customer agrees to the conditions of the "Use Policy" and thereby will not send unsolicited e-mail (SPAM).
6. Customer agrees not to use any L A Bridge equipment or connectivity service (e.g. DSL, fiber, ethernet) for unsolicited e-mail delivery.In the event that Customer's own equipment is compromised by malicious software (e.g. virus, worms), Customer takes responsibility for diagnosing and curing the diseased systems within 96 hours of receiving notice. Customer agrees, upon discovering infected computer, to disconnect the offending machine from the L A Bridge network until the offending software is removed.
7. Customer agrees not to SPAM (regardless of delivery mechanism) on behalf of any website hosted on L A Bridge servers.
8. Co-location customer agrees that any wiring or cable work will be
done by L A Bridge staff unless other agreement is completed in writing.
9. Customer
agrees not to use IP addresses on the L A Bridge network that were not assigned to them by L A
Bridge.
10. Customer will not share nor resell bandwidth unless an agreement between L A Bridge and Customer is completed in writing. Further, Customer will secure all wireless and wired connections to their own equipment and ensure unauthorized access to the L A Bridge network is not inadvertently attained over Customer's leased line.
11. In consideration of security, Customer agrees not to run any software servers that accept ANONYMOUS incoming connections unless expressly agreed upon, in writing, with L A Bridge. Server software includes but is not limited
to Bit Torrent, eMule and other peer-to-peer technologies. While L A Bridge staff often use peer to peer networks for downloading everything from Linux operating systems to publicly licensed music, it is the companies goal to be vigilant about new infection vectors that could wreak havoc in these networks. L A Bridge readily agrees to
such requests to run public servers, but simply wants to discuss and be made aware of new network activities
that fall within it's purview.
12. L A Bridge will use due care and best effort in providing all
services. In the event of a system failure, L A Bridge will provide
best effort to restore systems under its control and with the exception
of events considered force mejeure. L A Bridge shall not be liable for
any loss to Customer as a result of such system failure. The liability
of L A Bridge with respect to this Agreement shall in any event be
limited to the total compensation for the services provided under this
Agreement and shall not include any contingent liability.
Compensation
13. Customer shall pay L A Bridge, compensation for services
rendered, in accordance with the established rates and minimums of L A
Bridge in effect at the time the services are rendered.
14. L A Bridge will
charge credit cards on the 1st or 15th of the month as agreed upon in advance. For those accounts that
require an email or snail mail invoice, L A Bridge will send an invoice on or before the 17th of the
month prior to the month in which service is provided and payment is due by
the 1st of the month in which service will be provided.
15. The L A Bridge
billing system may automatically disconnect unpaid accounts at
midnight on the 10th of the month. A $25 re-connect fee will be applied
to accounts de-activated for non-payment. Interest may be charged at
the rate of 1.25 percent per month on all delinquent accounts. Billing
shall commence when service is activated.
Term of Agreement
16. The term of this Agreement shall commence on and shall continue
in full force and effect until it is terminated by 30 days' written
notice from either party to the other. This applies to all services
provided.
Attorney Fees and Costs
17. If any contract action is necessary to enforce or interpret the
terms of this Agreement, the prevailing party shall be entitled to
reasonable attorney fees, costs, and necessary disbursements in
addition to any other relief to which that party may be entitled.
Governing Law, Entirety of Agreement, and Partial Invalidity
18. The agreement shall be governed by the laws of the State of
California. It constitutes the entire agreement between the parties
regarding its subject matter. If any provision in this contract is held
by any court to be invalid, void or unenforceable, the remaining
provisions shall nevertheless continue in full force and effect.
USE OF OUR SYSTEM IMPLIES YOU HAVE READ, AGREE TO AND WILL ABIDE BY THE TERMS OF THIS AGREEMENT.
