This Agreement is by and between Msen, Inc., duly authorized and
existing under the laws of the State of Michigan with its main
office at 1677 West Hamlin Road, Rochester Hills, MI 48309 ("Msen"); and the
Customer for the provision by Msen or its subcontractors of certain
electronic communications services in exchange for the payment of
fees and compliance with conditions stated herein.
1. Billing Terms. Customer shall pay monthly subscription and
connection fees as set forth in Msen's current rate schedule
prior to service being rendered. This schedule may be modified by
Msen at any time via a posting to the Usenet newsgroup msen.announce,
by sending electronic mail to Customer's account or by conventional
mail. Failure to make prepayment for service will result in
termination of Customer's account. There are no refunds on these
accounts.
2. Customer Termination. Service may be terminated by Customer at
the end of any month by not providing payment.
3. No Warranties. Msen exercises no control whatsoever over the
content of the information passing through its network. Msen makes
no warranties of any kind, whether expressed or implied, including
any implied warrantee of merchantability or fitness of this service
for a particular purpose. Msen takes no responsibility for any
damages suffered by the Customer, including, but not limited to,
loss of data from delays, non deliveries, misdeliveries, or service
interruptions caused by Msen's own negligence or the Customer's
errors and/or omissions. Use of any information obtained via Msen's
network is at your own risk. Msen specifically denies any responsibility
for the accuracy or quality of information obtained through its
services.
4. Use of Service. This service may only be used for lawful purposes.
Materials and/or transmission in violation of any local, state or
federal regulation(s) is prohibited. This includes, but is not
limited to, copyrighted material, threatening or obscene material,
or material protected by trade secret. The Customer agrees to
indemnify and hold harmless Msen from any claims resulting from
the Customer's use of this service which damages the Customer or
any third party. The Customer is expressly prohibited from engaging
in any activity that constitutes, in the sole opinion of Msen,
system abuse.
5. Appropriate Use. Msen or other relevant authorities may determine
inappropriate usage of this account and the privilege may be revoked
at Msen's discretion. Should this occur, the Customer will be
informed via electronic or conventional mail of this action.
The sending of "Unsolicited Bulk Email" or
"spam" via usenet or email
is specifically inappropriate usage and may be penalized by Msen's
current policies at the time.
6. Jurisdiction.Customer hereby consents to the jurisdiction of the
Courts of the State of Michigan, particularly the District Court
located in Troy, Michigan, for the adjudication of any dispute arising
under this Agreement.
7. Change of Terms and Conditions. Msen reserves the right to change
these terms and conditions at any time by posting to the Usenet
newsgroup msen.announce, by electronic mail to Customer's account or
by conventional mail in advance of the effective date of the change.
Use by the Customer after the effective date constitutes acceptance
of the new terms and conditions. If the Customer does not agree to
the new terms and conditions, the Customer may terminate this
Agreement in accordance with the provisions of Section 2, set
forth above.
8. Notices to Msen. All notices given by Customer under this Agreement
shall be in writing and delivered by US Mail or facsimile to Msen at
the address/fax number at left.
9. Notices to Customer. All notices given to Customer by Msen under
this Agreement shall be via posting to the Usenet newsgroup msen.announce,
via electronic mail to Customer's account or via conventional mail
to Customer's current address on file.
10. Enforcement of Agreement. The failure of Msen to insist upon or
enforce strict performance by Customer of any provision of this Agreement
shall not be construed as a waiver of any provision or right. Neither
the course of conduct between parties nor trade practice shall act to
modify any provisions of this Agreement.
11. No Assignment. Customer shall not sell, transfer, or assign this
agreement without the prior written consent of Msen. Any act in derogation
of assignment shall not relieve the Customer of its obligations under
this Agreement.
12. Severability. If any provision of this Agreement is held by a
court of competent jurisdiction to be contrary to law, the remaining
provisions of this Agreement will remain in full force and effect.
13. Entire Agreement. This Contract supersedes all previous representations,
understandings or agreements of the parties with respect to the subject
matter herein, whether written or oral.
