Business Internet Services Agreement/Acceptable Use Policy
AYACHT TECHNOLOGY SOLUTIONS BUSINESS SERVICES
BUSINESS SERVICES CUSTOMER TERMS AND CONDITIONS
The Customer named on the Service Order Agreement and Ayacht Technology Solutions agree that the terms and conditions on the Service Order Agreement and these terms and conditions constitute the agreement (the “Agreement") for the provision of the Services selected by Customer and designated on a Service Order. Services may include Ayacht Technology Solutions Business Internet including private and public wi-fi services (“Internet"). The terms and conditions in the “GENERAL TERMS AND CONDITIONS" section below are applicable to all Services. Additional terms and conditions that apply to Business Internet should be reviewed in the “ADDITIONAL TERMS APPLICABLE TO INTERNET SERVICE" section.
GENERAL TERMS AND CONDITIONS
ARTICLE 1. DEFINITIONS
Affiliate: Any entity that controls, is controlled by, or is under common control with Ayacht Technology Solutions.
Agreement: These terms and conditions and the Service Order Agreement executed by Customer.
Ayacht Technology Solutions: The company that owns and/or operates the internet system in your area.
Ayacht Technology Solutions Equipment: Any and all equipment or devices provided by Ayacht Technology Solutions or its authorized contractors at the Service Location(s) that are used to deliver any of the Services including, but not limited to, all terminals, wires, modems, lines, circuits, ports, routers, gateways, switches, channel service units, data service units, cabinets, and racks.
Ayacht Technology Solutions Website or Website: The Ayacht Technology Solutions website where the General Terms and Conditions, PSAs, network conditions, and other Ayacht Technology Solutions security and privacy policies applicable to the Agreement will be posted. The current URL for the Website is www.Ayacht.com. Ayacht Technology Solutions may update the Website documents and/or URL from time to time.
Confidential Information: All information regarding either party's business which has been marked or is otherwise communicated as being “proprietary" or “confidential." Or which reasonably should be known by the receiving party to be proprietary or confidential information. Without limiting the generality of the foregoing, Confidential Information shall include, even if not marked, the Agreement, all Licensed Software, promotional materials, proposals, quotes, rate information, discount information, subscriber information, network upgrade information and schedules, network operation information (including without limitation information about outages and planned maintenance) and invoices, as well as the parties' communications regarding such items.
Customer-Provided Equipment: Any and all equipment or devices supplied by Customer for use in connection with the Services.
Licensed Software: Computer software or code provided by Ayacht Technology Solutions or required to use the Services, including without limitation, associated documentation, and all updates thereto.
Party: A reference to Ayacht Technology Solutions or the Customer; and in the plural, a reference to both companies.
Service(s): The Business Internet services provided by Ayacht Technology Solutions to Customer described in one or more Service Order(s). All Services are for commercial use only, except as otherwise expressly permitted herein.
Service Commencement Date: The date(s) on which Ayacht Technology Solutions first makes Service available for use by Customer. A single Service Order containing multiple Service Locations or Services may have multiple Service Commencement Dates.
Quote: A request for Ayacht Technology Solutions to provide the Services to Service Location(s) submitted by Customer to Ayacht Technology Solutions (a) on a then-current Ayacht Technology Solutions form designated for that purpose.
Service Ticket: The agreement under which all Service Orders are submitted to Ayacht Technology Solutions.
Service Location(s): The Customer location(s) where Ayacht Technology Solutions provides the Services.
Service Term: The duration of time (commencing on the Service Commencement Date) for which Services are ordered, as specified in a Service Ticket.
Termination Charges: Charges that may be imposed by Ayacht Technology Solutions if, prior to the end of the applicable Service Term (a) Ayacht Technology Solutions terminates Services for cause or (b) Customer terminates any Service without cause. Termination Charges with respect to each Service terminated during the initial Service Term shall equal, in addition to all amounts payable by Customer there will be $399.00 termination fee if service is cancelled after the first 30 days of service.
ARTICLE 1A. CHANGES TO THE AGREEMENT TERMS
Ayacht Technology Solutions may change or modify the Agreement, and any related policies (“Amendments") by posting such Amendments to the Ayacht Technology Solutions Website. The Amendments are effective upon posting to the Website. Customer will receive notice of the Amendments in the next applicable monthly invoice. Customer shall have thirty (30) calendar days from the invoice notice of such Amendments to provide Ayacht Technology Solutions with written notice that the Amendments adversely affect Customer's use of the Service(s). If after notice Ayacht Technology Solutions is able to verify such adverse effect, but is unable to reasonably mitigate the Revision's impact on such Services, then Customer may terminate the impacted Service(s) without further obligation to Ayacht Technology Solutions beyond the termination date, including Termination Charges, if any. This shall be Customer's sole and exclusive remedy.
ARTICLE 2. DELIVERY OF SERVICES
2.1 Quote. Customer shall submit to Ayacht Technology Solutions a properly completed Work Order to initiate Services to a Service Location(s). A Work Order shall become binding on the parties when (i) it is specifically accepted by Ayacht Technology Solutions in writing, (ii) Ayacht Technology Solutions begins providing the Services described in the Service Order or (iii) Ayacht Technology Solutions begins Custom Installation (as defined in Section 2.7) for delivery of the Services described in the Work Order, whichever is earlier. When a Work Order becomes effective it shall be deemed part of, and shall be subject to, the Agreement.
2.2 Speed. Ayacht Technology Solutions makes no representation regarding the speed of the Internet Service. Actual speeds may vary and are not guaranteed. Many factors affect speed including, without limitation, the number of workstations using a single connection.
2.3 Access. Customer, at no cost to Ayacht Technology Solutions, shall secure and maintain all necessary rights of access to Service Location(s) for Ayacht Technology Solutions to install and provide the Services, unless Ayacht Technology Solutions has secured such access prior to this Agreement. In addition, Customer shall provide an adequate environmentally controlled space and such electricity as may be required for installation, operation, and maintenance of the Ayacht Technology Solutions Equipment used to provide the Services within the Service Location(s). Ayacht Technology Solutions and its employees and authorized contractors will require free ingress and egress into and out of the Service Location(s) in connection with the provision of Services. Upon reasonable notice from Ayacht Technology Solutions, Customer shall provide all required access to Ayacht Technology Solutions and its authorized personnel.
2.4 Service Commencement Date. Upon installation and connection of the necessary facilities and equipment to provide the Services, Ayacht Technology Solutions shall notify Customer that the Services are available for use, and the date of such notice shall be called the “Service Commencement Date." Any failure or refusal on the part of Customer to be ready to receive the Services on the Service Commencement Date shall not relieve Customer of its obligation to pay applicable Service charges.
2.5 Ayacht Technology Solutions Equipment. Ayacht Technology Solutions Equipment is and shall remain the property of Ayacht Technology Solutions regardless of where installed within the Service Location(s), and shall not be considered a fixture or an addition to the land or the Service Location(s). At any time Ayacht Technology Solutions may remove or change Ayacht Technology Solutions Equipment in its sole discretion in connection with providing the Services.
Customer shall not use the Ayacht Technology Solutions Equipment for any purpose other than that authorized by the Agreement.
Ayacht Technology Solutions shall maintain Ayacht Technology Solutions Equipment in good operating condition during the term of this Agreement; provided, however, that such maintenance shall be at Ayacht Technology Solutions's expense only to the extent that it is related to and/or resulting from the ordinary and proper use of the Ayacht Technology Solutions Equipment.
Customer is responsible for damage to, or loss of, Ayacht Technology Solutions Equipment caused by its acts or omissions, and its noncompliance with this Section, or by fire, theft or other casualty at the Service Location(s), unless caused by the negligence or willful misconduct of Ayacht Technology Solutions.
Customer agrees not to take any action that would directly or indirectly impair Ayacht Technology Solutions's title to the Ayacht Technology Solutions Equipment, or expose Ayacht Technology Solutions to any claim, lien, encumbrance, or legal process, except as otherwise agreed in writing by the Parties.
Following Ayacht Technology Solutions's discontinuance of the Services to the Service Location(s), Ayacht Technology Solutions retains the right to remove the Ayacht Technology Solutions Equipment including, but not limited to, that portion of the Ayacht Technology Solutions Equipment located within the Service Location(s). To the extent Ayacht Technology Solutions removes such Ayacht Technology Solutions Equipment; it shall be responsible for returning the Service Location(s) to its prior condition, wear and tear excepted.
2.6 Customer-Provided Equipment. Ayacht Technology Solutions shall have no obligation to install, operate, or maintain Customer-Provided Equipment. Customer alone shall be responsible for providing maintenance, repair, operation and replacement of all inside wiring and equipment and facilities on the Customer's side of the cable modem, route and/or coaxial input connection. All Customer-Provided Equipment and wiring that Customer uses in connection with the Services must be fully compatible with the Services. Customer shall be responsible for the payment of all charges for troubleshooting, maintenance or repairs attempted or performed by Ayacht Technology Solutions's employees or authorized contractors when the difficulty or trouble report results from Customer-Provided Equipment.
2.7 Engineering Review. Each Service Order submitted by Customer shall be subject to an engineering review by Ayacht Technology Solutions. The engineering review will determine whether the cable plant must be extended, built or upgraded in order to provide the ordered Services at the requested Service Location(s), or whether Service installation has to be expedited to meet the Customer's requested Service Commencement Date ("Custom Installation") . Ayacht Technology Solutions will provide Customer written notification in the event Service installation at any Service Location will require an additional one-time installation fee (“Custom Installation Fee"). Customer will have five (5) days from receipt of such notice to reject the Custom Installation Fee and terminate, without further liability, the Service Order with respect to the affected Service Location(s).
2.8 Administrative Web Site. Ayacht Technology Solutions may, at its sole option, make one or more administrative web sites available to Customer in connection with Customer's use of the Services (each an “Administrative Web Site"). Ayacht Technology Solutions may furnish Customer with one or more user identifications and/or passwords for use on the Administrative Web Site. Customer shall be responsible for the confidentiality and use of such user identifications and/or passwords and shall immediately notify Ayacht Technology Solutions if there has been an unauthorized release, use or other compromise of any user identification or password. In addition, Customer agrees that its authorized users shall keep confidential and not distribute any information or other materials made available by the Administrative Web Site. Customer shall be solely responsible for all use of the Administrative Web Site, and Ayacht Technology Solutions shall be entitled to rely on all Customer uses of and submissions to the Administrative Web Site as authorized by Customer. Ayacht Technology Solutions shall not be liable for any loss, cost, expense or other liability arising out of any Customer use of the Administrative Web Site or any information on the Administrative Web Site. Ayacht Technology Solutions may change or discontinue the Administrative Web Site, or Customer's right to use the Administrative Web Site, at any time. Additional terms and policies may apply to Customer's use of the Administrative Web Site. These terms and policies will be posted on the site.
ARTICLE 3. CHARGES, BILLING AND PAYMENT
3.1 Charges. Customer shall pay Ayacht Technology Solutions one hundred percent (100%) of the Custom Installation Fee prior to the installation of Service. Customer further agrees to pay all charges associated with the Services, as set forth or referenced in the applicable Service Order(s) or invoiced by Ayacht Technology Solutions. These charges may include, but are not limited to installation charges, monthly recurring service charges, usage charges including without limitation charges for the use of Ayacht Technology Solutions Equipment, charges for service calls, maintenance and repair charges, and applicable federal, state, and local taxes, fees, surcharges and recoupments (however designated). Except as otherwise indicated herein or on the applicable Service Order(s), monthly recurring charges for Internet Services shall not increase during the initial Service Term. Except as otherwise indicated herein or on the applicable Service Order(s).
3.2 Third-Party Charges. Customer may incur charges from third party service providers that are separate and apart from the amounts charged by Ayacht Technology Solutions. These may include, without limitation, charges resulting from accessing on-line services. Customer agrees that all such charges, including all applicable taxes, are Customer's sole responsibility. In addition, Customer is solely responsible for protecting the security of credit card information provided to others in connection with such transactions.
3.3 Payment of Bills. Except as otherwise indicated herein or on the Service Order(s), Ayacht Technology Solutions will invoice Customer in advance on a monthly basis for all monthly recurring Service charges and fees arising under the Agreement. All other charges will be billed monthly in arrears. Customer shall make payment to Ayacht Technology Solutions for all invoiced amounts within thirty (30) days after the date of the invoice. Any amounts not paid to Ayacht Technology Solutions within such period will be considered past due. If a Service Commencement Date is not the first day of a billing period, Customer's next monthly invoice shall include a pro rated charge for the Services, from the date of installation to the first day of the new billing. In certain cases, Ayacht Technology Solutions may agree to provide billing services on behalf of third parties, as the agent of the third party. Any such third-party charges shall be payable pursuant to any contract or other arrangement between Customer and the third party. Ayacht Technology Solutions shall not be responsible for any dispute regarding these charges between Customer and such third party. Customer must address all such disputes directly with the third party.
3.4 Partial Payment. Partial payment of any bill will be applied to the Customer's outstanding charges in the amounts and proportions as solely determined by Ayacht Technology Solutions. No acceptance of partial payment(s) by Ayacht Technology Solutions shall constitute a waiver of any rights to collect the full balance owed under the Agreement.
3.6 Credit Approval and Deposits. Initial and ongoing delivery of Services may be subject to credit approval. Customer shall provide Ayacht Technology Solutions with credit information requested by Ayacht Technology Solutions. Customer authorizes Ayacht Technology Solutions to make inquiries and to receive information about Customer's credit history from others and to enter this information in Customer's records. Customer represents and warrants that all credit information that it provides to Ayacht Technology Solutions will be true and correct. Ayacht Technology Solutions, in its sole discretion, may deny the Services based upon an unsatisfactory credit history. Additionally, subject to applicable regulations, Ayacht Technology Solutions may require Customer to make a deposit (in an amount not to exceed an estimated two-month's charge for the Services) as a condition to Ayacht Technology Solutions's provision of the Services, or as a condition to Ayacht Technology Solutions's continuation of the Services. The deposit will not, unless explicitly required by law, bear interest and shall be held by Ayacht Technology Solutions as security for payment of Customer's charges. If the provision of Service to Customer is terminated, or if Ayacht Technology Solutions determines in its sole discretion that such deposit is no longer necessary, then the amount of the deposit will be credited to Customer's account or will be refunded to Customer, as determined by Ayacht Technology Solutions.
3.7 Taxes and Fees. Customer shall be responsible for the payment of any and all applicable local, state, and federal taxes or fees (however designated). Customer will be responsible to pay any Service fees, payment obligations and taxes that become applicable retroactively.
3.9 Disputed Invoice. If Customer disputes any portion of an invoice, Customer must pay the undisputed portion of the invoice and submit a written claim, including all documentation substantiating Customer's claim, to Ayacht Technology Solutions for the disputed amount of the invoice by the invoice due date. The Parties shall negotiate in good faith to resolve the dispute. However, should the parties fail to mutually resolve the dispute within sixty (60) days after the dispute was submitted to Ayacht Technology Solutions, all disputed amounts shall become immediately due and payable to Ayacht Technology Solutions. Under no circumstances may Customer submit a billing dispute to Ayacht Technology Solutions later than sixty (60) days following Customer's receipt of the applicable invoice.
3.10 Past-Due Amounts. Any undisputed payment not made when due will be subject to a reasonable late charge not to exceed the highest rate allowed by law on the unpaid invoice. If Customer's account is delinquent, Ayacht Technology Solutions may refer the account to a collection agency or attorney that may pursue collection of the past due amount and/or any Ayacht Technology Solutions Equipment that Customer fails to return in accordance with the Agreement. If Ayacht Technology Solutions is required to use a collection agency or attorney to collect any amount owed by Customer or any unreturned Ayacht Technology Solutions Equipment, Customer agrees to pay all reasonable costs of collection or other action. The remedies set forth herein are in addition to and not in limitation of any other rights and remedies available to Ayacht Technology Solutions under the Agreement or at law or in equity.
3.11 Rejected Payments. Except to the extent otherwise prohibited by law, Customer will be assessed a service charge up to the full amount permitted under applicable law for any check or other instrument used to pay for the Services that has been rejected by the bank or other financial institution.
3.12 Fraudulent Use of Services. Customer is responsible for all charges attributable to Customer with respect to the Services, even if incurred as the result of fraudulent or unauthorized use of the Services. Ayacht Technology Solutions may, but is not obligated to, detect or report unauthorized or fraudulent use of Services to Customer. Ayacht Technology Solutions reserves the right to restrict, suspend or discontinue providing any Service in the event of fraudulent use by Customer.
ARTICLE 4. TERM
4.1 Agreement Term. This Agreement shall terminate upon the expiration or other termination of the final existing Service Order entered into under this Agreement. The term of a Service Order shall commence on the Service Commencement Date and shall terminate at the end of the stated Service Term of such Service. Unless otherwise stated in these terms and conditions, if a Service Order does not specify a term of service, the Service Term shall be one (1) year from the Service Commencement Date.
4.2 Service Order Renewal. Upon the expiration of the initial Service Term, this Agreement and each applicable Service Order shall automatically renew for successive periods of one (1) year each (“Renewal Term(s)" and unless otherwise distinguished herein, is also referred to as “Service Term(s)"), unless otherwise stated in these terms and conditions or prior notice of non-renewal is delivered by either Party to the other at least thirty (30) days before the expiration of the then current Service Term, or in the case of Louisiana Customers, notice of non-renewal is delivered to Ayacht Technology Solutions within thirty (30) days following the expiration of the then current Service Term. Such termination shall be effective thirty (30) days after Ayacht Technology Solutions's receipt of the termination notice.
4.3 Changes in Monthly Recurring Service Charges. Effective at any time after the end of the initial Service Term and from time to time thereafter, Ayacht Technology Solutions may modify the monthly recurring charges for Internet Services subject to thirty (30) days prior notice to Customer. Customer will have thirty (30) days from receipt of such notice to cancel the applicable Service without further liability. Should Customer fail to cancel within this timeframe, Customer will be deemed to have accepted the modified Service pricing. Nothing within this Section 4.3 is intended to limit Ayacht Technology Solutions's ability to increase charges associated with the Services as set forth in Section 3.1.
ARTICLE 5. TERMINATION OF AGREEMENT AND/OR A SALES ORDER
5.1 Termination for Convenience. Notwithstanding any other term or provision in this Agreement, Customer shall have the right to terminate a Service Order or this Agreement, in whole or part, at any time during the Service Term upon sixty (60) days prior notice to Ayacht Technology Solutions, and subject to payment to Ayacht Technology Solutions of all outstanding amounts due for the Services, any and all applicable Termination Charges, and the return of any and all Ayacht Technology Solutions Equipment. Such termination shall be effective sixty (60) days after Ayacht Technology Solutions's receipt of the termination notice.
5.2 Termination for Cause.
(a) If Customer is in breach of a payment obligation (including failure to pay a required deposit), and fails to make payment in full within ten (10) days after receipt of notice of default, or has failed to make payments of all undisputed charges on or before the due date on three (3) or more occasions during any twelve (12) month period, Ayacht Technology Solutions may, at its option, terminate this Agreement, terminate the affected Service Orders, suspend Service under the affected Service Orders, and/or require a deposit, advance payment, or other satisfactory assurances in connection with any or all Service Orders as a condition of continuing to provide the Services. However, Ayacht Technology Solutions will not take any such action as a result of Customer's non-payment of a charge that is the subject of a timely billing dispute, unless the parties have reviewed the dispute and determined in good faith that the charge is correct.
(b) If either party breaches any material term of this Agreement and the breach continues without remedy for thirty (30) days after notice of default, the non-defaulting party may terminate for cause any Service Order materially affected by the breach.
(c) A Service Order may be terminated by either party immediately upon notice if the other party has become insolvent or involved in liquidation or termination of its business, or adjudicated bankrupt, or been involved in an assignment for the benefit of its creditors.
(d) Termination by either party of a Service Order does not waive any other rights or remedies that it may have under this Agreement.
5.3 Effect of Expiration or Termination of the Agreement or a Service Order. Upon the expiration or termination of a Service Order for any reason: (i) Ayacht Technology Solutions may disconnect the applicable Service; (ii) Ayacht Technology Solutions may delete all applicable data, files, electronic messages, voicemail or other information stored on Ayacht Technology Solutions's servers or systems; (iii) if Customer has terminated the Service Order prior to the expiration of the Service Term for convenience, or if Ayacht Technology Solutions has terminated the Service Order prior to the expiration of the Service Term as a result of material breach by Customer, Ayacht Technology Solutions may assess and collect from Customer applicable Termination Charges; (iv) Customer shall, permit Ayacht Technology Solutions access to retrieve from the applicable Service Locations any and all Ayacht Technology Solutions Equipment (however, if Customer fails to permit access, or if the retrieved Ayacht Technology Solutions Equipment has been damaged and/or destroyed other than by Ayacht Technology Solutions or its agents, normal wear and tear excepted, Ayacht Technology Solutions may invoice Customer for the full replacement cost of the relevant Ayacht Technology Solutions Equipment, or in the event of minor damage to the retrieved Ayacht Technology Solutions Equipment, the cost of repair, which amounts shall be immediately due and payable); and (v) if used in conjunction with the terminated Service, Customer's right to use applicable Licensed Software shall automatically terminate, and Customer shall be obligated to return the Licensed Software to Ayacht Technology Solutions.
5.4 Regulatory and Legal Changes. The parties acknowledge that the respective rights and obligations of each party as set forth in this Agreement upon its execution are based on law and the regulatory environment as it exists on the date of execution of this Agreement. Ayacht Technology Solutions may, in its sole discretion, immediately terminate this Agreement, in whole or in part, in the event there is a material change in any law, rule, regulation, Force Majeure event, or judgment of any court or government agency, and that change affects Ayacht Technology Solutions's ability to provide the Services herein.
ARTICLE 6. LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES; WARNINGS
6.1 NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, WHETHER OR NOT FORESEEABLE, OF ANY KIND INCLUDING BUT NOT LIMITED TO ANY LOSS REVENUE, LOSS OF USE, LOSS OF BUSINESS OR LOSS OF PROFIT, WHETHER SUCH ALLEGED LIABILITY ARISES IN CONTRACT OR TORT, PROVIDED, HOWEVER, THAT NOTHING HEREIN IS INTENDED TO LIMIT CUSTOMER'S LIABILITY FOR AMOUNTS OWED FOR THE SERVICES, FOR ANY EQUIPMENT OR SOFTWARE PROVIDED BY AYACHT TECHNOLOGY SOLUTIONS OR FOR EARLY TERMINATION CHARGES. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, THE ENTIRE LIABILITY OF AYACHT TECHNOLOGY SOLUTIONS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, SUPPLIERS OR CONTRACTORS (“ASSOCIATED PARTIES") FOR LOSS, DAMAGES AND CLAIMS ARISING OUT OF THE DELIVERY OF THE SERVICES INCLUDING, BUT NOT LIMITED TO, DELAY IN THE INSTALLATION OF SERVICES OR THE PERFORMANCE OR NONPERFORMANCE OF THE SERVICES OR THE AYACHT TECHNOLOGY SOLUTIONS EQUIPMENT SHALL BE LIMITED TO A SUM EQUIVALENT TO THE APPLICABLE OUT-OF-SERVICE CREDIT. REMEDIES UNDER THIS AGREEMENT ARE EXCLUSIVE AND LIMITED TO THOSE EXPRESSLY DESCRIBED IN THIS AGREEMENT.
6.2 THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON- INFRINGEMENT WITH RESPECT TO THE SERVICES, AYACHT TECHNOLOGY SOLUTIONS EQUIPMENT, OR LICENSED SOFTWARE. ALL SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED TO THE MAXIMUM EXTENT ALLOWED BY LAW. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, AYACHT TECHNOLOGY SOLUTIONS DOES NOT WARRANT THAT THE SERVICES, AYACHT TECHNOLOGY SOLUTIONS EQUIPMENT, OR LICENSED SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF LATENCY OR DELAY, OR THAT THE SERVICES, AYACHT TECHNOLOGY SOLUTIONS EQUIPMENT, OR LICENSED SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES, AYACHT TECHNOLOGY SOLUTIONS EQUIPMENT, OR LICENSED SOFTWARE WILL PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES.
6.3 AYACHT TECHNOLOGY SOLUTIONS MAKES NO WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE SERVICES, AYACHT TECHNOLOGY SOLUTIONS EQUIPMENT, OR LICENSED SOFTWARE FOR USE BY THIRD PARTIES.
6.4 IN NO EVENT SHALL AYACHT TECHNOLOGY SOLUTIONS, OR ITS ASSOCIATED PARTIES, SUPPLIERS, CONTRACTORS OR
LICENSORS BE LIABLE FOR ANY LOSS, DAMAGE OR CLAIM ARISING OUT OF OR RELATED TO: (i) STORED, TRANSMITTED, OR RECORDED DATA, FILES, OR SOFTWARE; (ii) ANY ACT OR OMISSION OF CUSTOMER, ITS USERS OR THIRD PARTIES; (iii) INTEROPERABILITY, INTERACTION OR INTERCONNECTION OF THE SERVICES WITH APPLICATIONS, EQUIPMENT, SERVICES OR NETWORKS PROVIDED BY CUSTOMER OR THIRD PARTIES; OR (iv) LOSS OR DESTRUCTION OF ANY CUSTOMER HARDWARE, SOFTWARE, FILES OR DATA RESULTING FROM ANY VIRUS OR OTHER HARMFUL FEATURE OR FROM ANY ATTEMPT TO REMOVE IT.
6.5 DISRUPTION OF SERVICE. The Services are not fail-safe and are not designed or intended for use in situations requiring fail-safe performance or in which an error or interruption in the Services could lead to severe injury to business, persons, property or environment ("High Risk Activities"). These High Risk Activities may include, without limitation, vital business or personal communications, or activities where absolutely accurate data or information is required. Customer expressly assumes the risks of any damages resulting from High Risk Activities. Ayacht Technology Solutions shall not be liable for any inconvenience, loss, liability, or damage resulting from any interruption of the Services, directly or indirectly caused by, or proximately resulting from, any circumstances, including, but not limited to, causes attributable to Customer or Customer- Equipment; inability to obtain access to the Service Locations; failure of a communications links; loss of use of poles or other utility facilities; strike; labor dispute; riot or insurrection; war; explosion; malicious mischief; fire, flood, lightening, earthquake, wind, ice, extreme weather conditions or other acts of God; failure or reduction of power; or any court order, law, act or order of government restricting or prohibiting the operation or delivery of the Services.
6.6 Customer's sole and exclusive remedies under this Agreement are as expressly set forth in this Agreement. Certain of the above exclusions may not apply if the state in which a Service is provided does not allow the exclusion or limitation of implied warranties or does not allow the limitation or exclusion of incidental or consequential damages. In those states, the liability of Ayacht Technology Solutions and its affiliates and agents is limited to the maximum extent permitted by law.
8.5 Intellectual Property Rights in the Services. Title and intellectual property rights to the Services are owned by Ayacht Technology Solutions, its agents, suppliers or affiliates or their licensors or otherwise by the owners of such material. The copying, redistribution, reselling, bundling or publication of the Services, in whole or in part, without express prior written consent from Ayacht Technology Solutions or other owner of such material, is prohibited.
ARTICLE 9. CONFIDENTIAL INFORMATION AND PRIVACY
9.1 Disclosure and Use. All Confidential Information shall be kept by the receiving party in strict confidence and shall not be disclosed to any third party without the disclosing party's express written consent. Notwithstanding the foregoing, such information may be disclosed (i) to the receiving party's employees, affiliates, and agents who have a need to know for the purpose of performing this Agreement, using the Services, rendering the Services, and marketing related products and services (provided that in all cases the receiving party shall take appropriate measures prior to disclosure to its employees, affiliates, and agents to assure against unauthorized use or disclosure); or (ii) as otherwise authorized by this Agreement. Each party agrees to treat all Confidential Information of the other in the same manner as it treats its own proprietary information, but in no case using a degree of care less than a reasonable degree of care.
9.2 Exceptions. Notwithstanding the foregoing, each party's confidentiality obligations hereunder shall not apply to information that: (i) is already known to the receiving party without a pre-existing restriction as to disclosure; (ii) is or becomes publicly available without fault of the receiving party; (iii) is rightfully obtained by the receiving party from a third party without restriction as to disclosure, or is approved for release by written authorization of the disclosing party; (iv) is developed independently by the receiving party without use of the disclosing party's Confidential Information; or (v) is required to be disclosed by law or regulation.
9.3 Remedies. Notwithstanding any other Article of this Agreement, the non-breaching party shall be entitled to seek equitable relief to protect its interests pursuant to this Article 9, including, but not limited to, injunctive relief.
9.4 Monitoring. Ayacht Technology Solutions shall have no obligation to monitor postings or transmissions made in connection with the Services, however, Customer acknowledges and agrees that Ayacht Technology Solutions and its agents shall have the right to monitor any such postings and transmissions from time to time and to use and disclose them in accordance with this Agreement, and as otherwise required by law or government request. Ayacht Technology Solutions reserves the right to refuse to upload, post, publish, transmit or store any information or materials, in whole or in part, that, in Ayacht Technology Solutions's sole discretion, is unacceptable, undesirable or in violation of this Agreement.
ARTICLE 9A: CUSTOMER PRIVACY POLICIES
9A.2 Privacy Note Regarding Information Provided to Third Parties: Ayacht Technology Solutions is not responsible for any information provided by Customer to third parties, and this information is not subject to the privacy provisions of this Agreement or the privacy policies. Customer assumes all privacy and other risks associated with providing personally identifiable information to third parties via the Services.
ARTICLE 10. PROHIBITED USES
10.1 Resale. Except as otherwise provided in the General Terms and Conditions, Customer may not sell, resell, sublease, assign, license, sublicense, share, provide, or otherwise utilize in conjunction with a third party (including, without limitation, in any joint venture or as part of any outsourcing activity) the Services or any component thereof.
10.2 Use Policies. Customer agrees to ensure that all uses of the Ayacht Technology Solutions Equipment and/or the Services installed at its premises (“use") are legal and appropriate. Specifically, Customer agrees to ensure that all uses by Customer or by any other person (“user"), whether authorized by Customer or not, comply with all applicable laws, regulations, and written and electronic instructions for use. Ayacht Technology Solutions reserves the right to act immediately and without notice to terminate or suspend the Services and/or to remove from the Services any information transmitted by or to Customer or users, if Ayacht Technology Solutions (i) determines that such use or information does not conform with the requirements set forth in this Agreement, (ii) determines that such use or information interferes with Ayacht Technology Solutions's ability to provide the Services to Customer or others, (iii) reasonably believes that such use or information may violate any laws,regulations, or written and electronic instructions for use, or (iv) reasonably believes that Customer's use of the Service interferes with or endangers the health and/or safety of Ayacht Technology Solutions personnel or third parties. Furthermore, the Services shall be subject to one or more Acceptable Use Policies (“AUP") that may limit use. The AUP and other policies concerning the Services are posted on Ayacht Technology Solutions's web site(s) at www.ayacht.com. Ayacht Technology (or any successor URL) or on another web site about which Customer has been notified, and are incorporated to this Agreement by reference. Ayacht Technology Solutions may update the use policies from time to time, and such updates shall be deemed effective seven (7) days after the update is posted online, with or without actual notice to Customer. Accordingly, Customer should check the above web addresses (or the applicable successor URLs) on a regular basis to ensure that its activities conform to the most current version of the use policies. Ayacht Technology Solutions's action or inaction in enforcing acceptable use shall not constitute review or approval of Customer's or any other users' use or information.
10.3 Violation. Any breach of this Article 10 shall be deemed a material breach of this Agreement. In the event of such material breach, Ayacht Technology Solutions shall have the right to restrict, suspend, or terminate immediately any or all Service Orders, without liability on the part of Ayacht Technology Solutions, and then to notify Customer of the action that Ayacht Technology Solutions has taken and the reason for such action, in addition to any and all other rights and remedies under this Agreement.
ARTICLE 11. SERVICE CREDITS
11.1 Credit Allowances. Unless otherwise addressed in a service level agreement attached to this Agreement, Ayacht Technology Solutions will allow a pro-rata credit against future payment of the net monthly recurring charge (exclusive of nonrecurring charges, other one-time charges, per call charges, measured charges, regulatory fees and surcharges, taxes, and other governmental and quasi-governmental fees) for a Service Interruption, except as specified below or as may otherwise be legally required (“Credit"). "Service Interruption" shall mean a break in transmission that renders the Service unusable for transmission and reception. For the purposes of calculating a Credit allowance, the Service Interruption period begins when the Customer reports an interruption in the portion of the Service to Ayacht Technology Solutions, a trouble ticket is opened, and the Service is released to Ayacht Technology Solutions for testing and repair. The Service Interruption ends when the affected portion of the Service has been restored and Ayacht Technology Solutions has closed the trouble ticket. Service Interruption time does not include interruptions of less than thirty (30) minutes' duration. Credits will be as follows:Length of Service Interruption Amount of Credit. At least 4 hours and up to and including 24 hours 1 full day
The total number of credit allowances per month shall not exceed the total monthly recurring charge for the affected Service. Credit allowances will not be made for less than $1.00, unless required under applicable law. To qualify, Customer must request the Credit from Ayacht Technology Solutions within 30 days of the Service Interruption.
11.2 Exceptions to Credit Allowances. Except as otherwise provided in the General Terms and Conditions, a Service Interruption shall not qualify for the Credits set forth herein if such Service Interruption is related to, associated with, or caused by: scheduled maintenance events; Customer actions or in actions; Customer-provided power or equipment; any third party not contracted through Ayacht Technology Solutions, including, without limitation, Customer's users, third-party network providers; any power, equipment or services provided by third parties; or an event of force majeure as defined in this Agreement, unless otherwise provided under applicable law. The remedies set forth in this Article 11 shall be Customer's sole and exclusive remedy for any Service Interruption in the Services, outage, unavailability, delay or other degradation in the Services or any Ayacht Technology Solutions failure to meet the objectives of the Services.
ARTICLE 12. INSURANCE
12.1 Ayacht Technology Solutions shall maintain during the Initial Term or any Renewal Term commercial general liability insurance that covers its liability and obligations here under including property damage and personal injury.
ARTICLE 13. MISCELLANEOUS TERMS
13.1 Force Majeure. Neither party shall be liable to the other party for any delay, failure in performance, loss, or damage to the extent caused by force majeure conditions such as acts of God, fire, explosion, power blackout, cable cut, acts of regulatory or governmental agencies, unavailability of right-of- way, unavailability of services or materials upon which the Services rely, or other causes beyond the party's reasonable control, except that Customer's obligation to pay for Services provided shall not be excused. Changes in economic, business or competitive condition shall not be considered force majeure events.
13.2 Assignment and Transfer. Neither Party shall assign any right, obligation or duty, in whole or in part, nor of any other interest here under, without the prior written consent of the other Party, which shall not be unreasonably withheld. The foregoing notwithstanding, Ayacht Technology Solutions may assign this Agreement to any affiliate, related entity, or successor in interest without Customer's consent. In addition, Ayacht Technology Solutions may partially assign its rights and obligations here under to any party that acquires from Ayacht Technology Solutions all or substantially all of the assets of a cable franchise(s) in which the Services is deployed to Customer. All obligations and duties of either Party under this Agreement shall be binding on all successors in interest and assigns of such Party.
13.3 Export Law and Regulation. Customer acknowledges that any products, software, and technical information (including, but not limited to, services and training) provided pursuant to the Agreement may be subject to U.S. export laws and regulations, and any foreign use or transfer of such products, software, and technical information must be authorized under those regulations. Customer agrees that it will not use distribute, transfer, or transmit the products, software, or technical information (even if incorporated into other products) except in compliance with U.S. export regulations. If requested by Ayacht Technology Solutions, Customer also agrees to sign written assurances and other export-related documents as may be required for Ayacht Technology Solutions to comply with U.S. export regulations.
13.4 Notices. Except as otherwise provided in this Agreement, any notices or other communications contemplated or required under this Agreement, in order to be valid, shall be in writing and shall be given via personal delivery, overnight courier, or via U.S. Certified Mail,Return Receipt Requested. Notices to Customer shall be sent to the Customer billing address; notices to Ayacht Technology Solutions shall be sent to PO Box 955, Bolton, MA 01740, Attn: WISP Operations. All such notices shall be deemed given and effective on the day when delivered by overnight delivery service or certified mail.
13.5 Entire Understanding. The Agreement constitutes the entire understanding of the parties related to the subject matter hereof. The Agreement supersedes all prior agreements, proposals, representations, statements, or understandings, whether written or oral, concerning the Services or the parties' rights or obligations relating to the Services. Any prior representations, promises, inducements, or statements of intent regarding the Services that are not expressly provided for in this Agreement are of no effect. Terms or conditions contained in any purchase order, or restrictive endorsements or other statements on any form of payment, shall be void and of no force or effect. Only specifically authorized representatives of Ayacht Technology Solutions may make modifications to this Agreement or this Agreement's form. No modification to the form or this Agreement made by a representative of Ayacht Technology Solutions who has not been specifically authorized to make such modifications shall be binding upon Ayacht Technology Solutions. No subsequent agreement among the parties concerning the Services shall be effective or binding unless it is executed in writing by authorized representatives of both parties.
13.7 Construction. In the event that any portion of this Agreement is held to be invalid or unenforceable, the parties shall replace the invalid or unenforceable portion with another provision that, as nearly as possible, reflects the original intention of the parties, and the remainder of this Agreement shall remain in full force and effect.
13.8 Survival. The rights and obligations of either party that by their nature would continue beyond the expiration or termination of this Agreement or any Service Order, including without limitation representations and warranties, indemnifications, and limitations of liability, shall survive termination or expiration of this Agreement or any Service Order.
13.9 Choice of Law. The domestic law of the state in which the Services are provided shall govern the construction, interpretation, and performance of this Agreement, except to the extent superseded by federal law.
13.10 No Third Party Beneficiaries. This Agreement does not expressly or implicitly provide any third party (including users) with any remedy, claim, liability, reimbursement, cause of action, or other right or privilege.
13.11 No Waiver. No failure by either party to enforce any rights hereunder shall constitute a waiver of such right(s).
13.12 Independent Contractors. The Parties to this Agreement are independent contractors.
Neither Party is an agent, representative, or partner of the other Party. Neither
Party shall have any right, power, or authority to enter into any agreement for, or on behalf of, or incur any obligation or liability of, or to otherwise bind, the other Party. This Agreement shall not be interpreted or construed to create an association, agency, joint venture, or partnership between the Parties or to impose any liability attributable to such a relationship upon either Party.
13.13 Article Headings. The article headings used herein are for reference only and shall not limit or control any term or provision of this Agreement or the interpretation or construction thereof.
13.14 Compliance with Laws. Each of the Parties agrees to comply with all applicable local, state and federal laws and regulations and ordinances in the performance of its respective obligations under this Agreement. ADDITIONAL TERMS APPLICABLE TO INTERNET SERVICES
In addition to Articles 1 through 13 above, Articles 14 and
15A are specifically applicable to Internet Service:
ARTICLE 15B: ADDITIONAL TERMS APPLICABLE TO PRIVATE WI-FI AND PUBLIC WI-FI (INCLUDING WI- FI HOTSPOT SERVICES) SERVICES
In addition to Articles 1 through 13, Articles 14A and 15A above, Article 15B is specifically applicable to Private Wi-Fi (“Private Wi- Fi Services") and Public Wi-Fi (including Hot Spot Service, “Public Wi-Fi Services") services (collectively “Wi-Fi Services") offered by Ayacht Technology Solutions:
15B.1 Limitation. Subject to service availability, Customer may order Wi-Fi Services to provide Internet connectivity to certain areas of the Service Location as further described below. Wi-Fi Services are not intended for use within residential dwellings. In order to order and retain Wi-Fi Service with Ayacht Technology Solutions, Customer must have Internet Service at the applicable Service Location. Ayacht Technology Solutions shall have no liability for loss of Wi- Fi Services which results from Customer's failing to maintain Internet Service at the Service Location.
(a) Private Wi-Fi Services are offered together with Public
Wi-Fi Services, and may not be ordered separately.
(b) Public Wi-Fi Services may be order with or withoutPrivate Wi-Fi Services.
15B.2 Term and Termination. Wi-Fi Services are offered on a month to month basis. Customer shall have the right to terminate Wi-Fi Services, at any time, for any reason, upon thirty (30) days prior written notice to Ayacht Technology Solutions, subject to payment of all outstanding amounts due for the Wi-Fi Services, if any, and the return of any and all Ayacht Technology Solutions Equipment. Termination of Wi-Fi Services is not subject to Termination Charges. Wi-Fi Services will terminate simultaneously with Customer's Internet Services.
15B.3 Supplemental Terms. Ayacht Technology Solutions agrees to provide Wi- Fi Services pursuant to the Terms and Conditions herein. Ayacht Technology Solutions may at its sole option change or modify the Wi-Fi Terms and Conditions, and any related policies from time to time (“Amendments") by posting such Amendments to the Ayacht Technology Solutions website at the above URL. The Amendments are effective upon posting.
15B.4 Service Charges. Wi-Fi Services are provided to Customer by Ayacht Technology Solutions at specified charges. Ayacht Technology Solutions reserves the right to change a service charge for Wi-Fi Services upon thirty (30) days advanced written notice to Customer. During the term of this Agreement and upon its termination to delete Customer's voicemail, call detail, data, files, or other information that is stored on Ayacht Technology Solutions's or its suppliers' servers or systems, in accordance with our storage policies. Customer understands and acknowledges that Ayacht Technology Solutions shall have no liability whatsoever as a result of the loss or removal of any such voicemail, call detail, data, files, or other information.
23.1 Disruption of Service.
In the event of an interruption of Internet Services for more than twenty-four consecutive hours and of which Ayacht Technology Solutions has received actual notice, Ayacht Technology Solutions will issue a credit to Customer's Business Internet monthly service charges for the total period of the interruption in an amount proportionate to Customer's regular monthly service charge. If Ayacht Technology Solutions has not been made aware of the interruption, Customer must call 1-855-779-7970 to request a credit.
23.2 Contact Information. Customer may contact the Ayacht Technology Solutions corporate offices at 289 Seven Bridge Road Lancaster, MA 01523 with concerns and complaints.
Acceptable Use Policy
As a provider of Internet access, and other Internet-related services, Ayacht Technology Solutions offers its customers (also known as subscribers), and their customers and users, the means to acquire and disseminate a wealth of public, private, commercial, and non-commercial information. Ayacht Technology Solutions respects that the Internet provides a forum for free and open discussion and dissemination of information, however, when there are competing interests at issue, Ayacht Technology Solutions reserves the right to take certain preventative or corrective actions. In order to protect these competing interests, Ayacht Technology Solutions has developed an Acceptable Use Policy ("AUP"), which supplements and explains certain terms of each customer's respective service agreement and is intended as a guide to the customer's rights and obligations when utilizing Ayacht Technology Solutions ' services. This AUP will be revised from time to time. A customer's use of Ayacht Technology Solutions' services after changes to the AUP are posted on Ayacht Technology Solutions 's web site, www.ayacht.com will constitute the customer's acceptance of any new or additional terms of the AUP that result from those changes.
One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use the Internet, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that Ayacht Technology Solutions cannot monitor, verify, warrant, or vouch for the accuracy and quality of the information that subscribers may acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet is sexually explicit or otherwise offensive. Because Ayacht Technology Solutions cannot monitor or censor the Internet, and will not attempt to do so, Ayacht Technology Solutions cannot accept any responsibility for injury to its subscribers that results from inaccurate, unsuitable, offensive, or illegal Internet communications.
When subscribers disseminate information through the Internet, they also must keep in mind that Ayacht Technology Solutions does not review, edit, censor, or take responsibility for any information its subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation, and other harmful speech. Also, because the information they create is carried over Ayacht Technology Solutions' network and may reach a large number of people, including both subscribers and nonsubscribers of Ayacht Technology Solutions, subscribers' postings to the Internet may affect other subscribers and may harm Ayacht Technology Solutions 's goodwill, business reputation, and operations. For these reasons, subscribers violate Ayacht Technology Solutions policy and the service agreement when they, their customers, affiliates, or subsidiaries engage in the following prohibited activities:
Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming"). It is not only harmful because of its negative impact on consumer attitudes toward Ayacht Technology Solutions, but also because it can overload Ayacht Technology Solutions ' network and disrupt service to Ayacht Technology Solutions subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, Ayacht Technology Solutions has the discretion to determine from all of the evidence whether the email recipients were from an "opt-in" email list.
Intellectual Property Violations
Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities. Also, engaging in activity that violates privacy, publicity, or other personal rights of others. Ayacht Technology Solutions is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is also Ayacht Technology Solutions' policy to terminate the privileges of customers who commit repeat violations of copyright laws.
Obscene Speech or Materials
Using Ayacht Technology Solutions' network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material. Ayacht Technology Solutions is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through Ayacht Technology Solutions 's network.
Defamatory or Abusive Language
Using Ayacht Technology Solutions 's network as a means to transmit or post defamatory, harassing, abusive, or threatening language.
Forging of Headers
Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.
Illegal or Unauthorized Access to Other Computers or Networks
Accessing illegally or without authorization computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as "hacking"). Also, any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity).
Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities
Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mailbombing, or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment.
Facilitating a Violation of this AUP
Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mailbombing, denial of service attacks, and piracy of software.
Export Control Violations
Exporting encryption software over the Internet or otherwise, to points outside the United States.
Ayacht Technology Solutions reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.
Other Illegal Activities
Engaging in activities that are determined to be illegal, including advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, and pirating software.
Engaging in activities, whether lawful or unlawful, that Ayacht Technology Solutions determines to be harmful to its subscribers, operations, reputation, goodwill, or customer relations.
As we have pointed out, the responsibility for avoiding the harmful activities just described rests primarily with the subscriber. Ayacht Technology Solutions will not, as an ordinary practice, monitor the communications of its subscribers to ensure that they comply with Ayacht Technology Solutions policy or applicable law. When Ayacht Technology Solutions becomes aware of harmful activities, however, it may take any action to stop the harmful activity, including but not limited to, removing information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or take any other action it deems appropriate.
Ayacht Technology Solutions also is aware that many of its subscribers are, themselves, providers of Internet services, and that information reaching Ayacht Technology Solutions ' facilities from those subscribers may have originated from a customer of the subscriber or from another third-party. Ayacht Technology Solutions does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. Ayacht Technology Solutions has the right to directly take action against a customer of a subscriber. Also, Ayacht Technology Solutions may take action against the Ayacht Technology Solutions subscriber because of activities of a customer of the subscriber, even though the action may affect other customers of the subscriber. Similarly, Ayacht Technology Solutions anticipates that subscribers who offer Internet services will cooperate with Ayacht Technology Solutions in any corrective or preventive action that Ayacht Technology Solutions deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Ayacht Technology Solutions policy.
Ayacht Technology Solutions also is concerned with the privacy of on-line communications and web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, Ayacht Technology Solutions urges its subscribers to assume that all of their on-line communications are insecure. Ayacht Technology Solutions cannot take any responsibility for the security of information transmitted over Ayacht Technology Solutions ' facilities.
Ayacht Technology Solutions will not intentionally monitor private electronic mail messages sent or received by its subscribers unless required to do so by law, governmental authority, or when public safety is at stake. Ayacht Technology Solutions may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, Ayacht Technology Solutions may disclose information, including but not limited to, information concerning a subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, or governmental request. Ayacht Technology Solutions assumes no obligation to inform the subscriber that subscriber information has been provided and in some cases may be prohibited by law from giving such notice. Finally, Ayacht Technology Solutions may disclose subscriber information or information transmitted over its network where necessary to protect Ayacht Technology Solutions and others from harm, or where such disclosure is necessary to the proper operation of the system.
Ayacht Technology Solutions expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of on-line communications. A subscriber's failure to comply with those laws will violate Ayacht Technology Solutions policy. Finally, Ayacht Technology Solutions wishes to emphasize that in signing the service agreement, subscribers indemnify Ayacht Technology Solutions for any violation of the service agreement, law, or Ayacht Technology Solutions policy that results in loss to Ayacht Technology Solutions or the bringing of any claim against Ayacht Technology Solutions by any third-party. This means that if Ayacht Technology Solutions is sued because of a subscriber's or customer of a subscriber's activity, the subscriber will pay any damages awarded against Ayacht Technology Solutions, plus costs and reasonable attorneys' fees.