User Agreement

User Agreement

This agreement is made on this _____ day of __________, 19__ [hereinafter referred to as the "Effective Date"], by and between Web Resources, LLC of Idaho, [hereinafter referred to as "Web Resources"] and ___________________, of Idaho, [hereinafter referred to as "CUSTOMER"}, for the __________ Internet Access Account.

1. CUSTOMER agrees to pay the proper fees, as listed in Exhibit A, for the desired type of "Internet Access Account," an electronic or telephonic connection to the Internet provided by Web Resources to CUSTOMER to allow the CUSTOMER to access the Internet with a computer located at the CUSTOMER's site. CUSTOMER further agrees to pay for any time used over the number of hours included with the type of Internet Access Account chosen, at the rate set forth in Exhibit A.

2. CUSTOMER certifies that he or she is at least 18 years of age, and will not use the Internet Access Account for illegal purposes, or for the harassment of other Internet users.

3. CUSTOMER agrees to accept full responsibility for and supervision of access of CUSTOMER's Internet Access Account by parties other than the CUSTOMER, including, but not limited to, minors, spouse, acquaintances and co-workers. CUSTOMER shall not have the right to assigne its rights, and obligations hereunder to any person or entity. Any assignment, delegation, or any other transfer by CUSTOMER in violation of this section shall be null and void, and shall constitute a material breach of this contract.

4. CUSTOMER agrees that the information accessible through Web Resources system or the Internet is offered as a community service and is not intended to be a substitute for individual professional consultation.

5. CUSTOMER shall defend, indemnify, and hold harmless Web Resources and its managers, and employees, from and against and and all loss, liability, claims, damages, costs or expenses (including attorney's fees and costs) relating to any breach of any warranties or representations made by CUSTOMER under this Agreement, or any claims which if true, would contradict any warranties or representations made by CUSTOMER under this Agreement.

6. Web Resources agrees to provide CUSTOMER with access to the Internet for the number of hours included for use with the desired type of Internet Access Account. Web Resources further agrees to provide to access to the Internet for usage beyond the number of hours included for use with the desired type of Internet Access Account, to be paid for by CUSTOMER at the rate set forth in Exhibit A.

7. Web Resources is not responsible for, and makes no claim to, any material placed on its systems by any user. Web Resources does not claim any copyright, trademark, or other interest in information through its system. Web Resources will not allow any pornographic (as defined by the U.S. government), or "hate" materials to be stored on their server.

8. WEB RESOURCES MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, TO CUSTOMER, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WEB RESOURCES MAKES NO GUARANTEES, EITHER EXPRESS OR IMPLIED, TO CUSTOMER THAT SERVICE WILL BE UNINTERUPTIBLE OR ERROR FREE.

9. Web Resources retains the right to set forth and enforce other user guidelines and policies in the future for specific services provided, such as space for User Web Page or FTP archives. Web Resources agrees that CUSTOMER shall have adequate access to such usage guidelines and policies through email, Usenet, Newsgroups or World Wide Web pages.

10. Web Resources may terminate this Agreement upon the breach of a material term herof by CUSTOMER. CUSTOMER may terminate this Agreement at any time by serving notice in writing, at which time the CUSTOMER's Internet Access Account will be terminated. CUSTOMER remains responsible for payment of charges incurred through the date on which the Agreement is terminated, including the full Internet Access Account fee for the month in which the Agreement is terminated. In the event that CUSTOMER terminates the Agreement for a"Yearly" type Internet Access Account, or the "Pre-Payment Package" type Internet Access Account. CUSTOMER waives all claim to reimbursement for any unused time remaining on the period of the Internet Access Account.

11. The term of this Agreement shall be successive periods of one (1) month, (except for the "Yearly" or "Pre-Payment Package" type accounts, whose periods shall be (1) year) unless either party provides written notice to the other party at least ten (10) days prior to the beginning of the next Successive Period, except in cases of CUSTOMER breach, in which no notice of termination is required.

12. By signing this agreement, the CUSTOMER agrees to read the Terms of Service found at the Internet address of http://gemstate.net/webres/terms.htm and agrees to be bound by such. In addition, the CUSTOMER understands that a copy of this User Agreement can be found at the Internet address of http://gemstate.net/webres/user.htm.

13. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, without regard to the conflict of laws provisions thereof.

14. Should any part, term, section, or provision of this Agreement be determined to be illegal or in conflict with any law, rule of law, statute, ordinance, or regulation, the illegal or conflicting part shall be deemed amended to the extent necessary to remove such illegality or conflict and the validity of the remaining portions shall not be affected thereby.

15. There are no representations, promises, warranties, conveniences, or undertakings other than those contained in this Agreement, which represents the entire understanding of the parties with respect to the subject matter herof. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing by the parties hereto.

16. Use of an Internet Access Account also constitutes acceptance of these Terms and Conditions.

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