Internet Services
User Agreement

This User Agreement (the "Agreement") governs the terms of use by Client of services Offered by Microgear.net Internet Services (the "Provider" or "ISP").

1. Selection of Service Plan. Client will complete an Application for Service and that application, once accepted by the Provider, will define a Service Plan.
2. Payment for Services Billed by the Month. Payment is in advance of service. Invoices for services that are billed by the month are mailed monthly, for services rendered during that month and are due and payable fifteen (15) days from the date of the invoice. If this Agreement is terminated on some day other than the end of the billed month, Client will be obligated to pay for only the pro rata portion of the monthly service plan charge for the month in which the service is terminated.
3. Payment for Services Billed by the Hour. Invoices for services that are billed by the hour are mailed as they accrue. Their due date is fifteen (15) days from the date of the invoice. Such services include web page and graphic design, programming, scripting, and the design, setup, installation or implementation of special features not included in the standard service plans. Provider’s services to Client may be suspended for nonpayment of these invoices.
4. Payment for Services Billed by Special Contract. Terms for these items are specified in the Special Contract.
5. Termination. This Agreement may be terminated by Client or Provider at any time without prior notice and without cause. If Client or Provider is in default under the terms of this Agreement or Special Contract (including nonpayment), then the nondefaulting party may also immediately terminate the Agreement without prior notice to the other party.
6. Compliance with Law. Client will use the services offered by Provider in a manner consistent with all applicable local, state, and federal laws and regulations.
7. Temporary Service Outages. Client acknowledges that Provider’s services require utilities owned and controlled by third parties, and agrees to hold Provider blameless for service outages from these utilities.
8. Backup of Client’s Data. Provider is not responsible for Client’s files residing on Provider’s equipment. Client is solely responsible for the backup of data stored on Provider’s equipment.
9. Prohibition of Publication or Distribution of Certain Materials. Client shall not knowingly or unknowingly publish or distribute any of the following material to Provider’s servers or to a public form on any server accessible through Provider’s services (including pictures, links or any other content):
   1. any material which violates or infringes any copyright, trademark, trade secret, patent, statutory, common law or other proprietary rights of others;
   2. any material which might commonly be considered indecent, lewd, obscene or pornographic;
   3. any material that is libelous or slanderous;
   4. any material that promotes illegal activities or physical harm or injury against any group or individual;
   5. any material that includes blatant expressions of bigotry, racism or hatred, or that is purposely offensive;
   6. any material that may negatively reflect on Provider or expose Provider to legal liability; or
   7. anonymous or unsolicited mass mailings.

   Due to the public nature of the Internet, all material submitted by Client for publication will be considered publicly accessible. Provider does not perform advance screening of material submitted to Provider for publication or distribution. Provider’s publication or distribution of material submitted by Client provides no express or implied approval or agreement of such materials by Provider. Publication or distribution of materials by Client carries no implication of approval or compliance with the terms of this Agreement.

10. Malicious/Fraudulent Use. Client shall not use Provider’s services to engage in illegal activities such as attempting to gain access to restricted networks or materials, soliciting fraudulent or illegal business, or any form of malicious conduct. Client shall not provide log-on names and passwords to others outside his household (for a personal account) or his company (for a business account) Client shall not make simultaneous log-ons using multiple accounts. Client shall not use activity generating techniques to defeat idle-time disconnects for a dial-up connection.
11. IP Addresses. Provider maintains control and any ownership of any and all IP numbers and addresses that may be assigned to Client and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses.
12. Disclaimer of Warranties. Provider’s service is provided on an "as is" basis and is subject to availability on an "as available" basis.

    Provider specifically disclaims any other warranty, express or implied, including any warranty of merchantability or fitness for a particular purpose. In no event shall provider be liable for any consequential, direct or indirect, special or incidental damages, even if provider has been advised by client of the possibility of such potential loss or damage. If provider’s service to client is disrupted or malfunctions for any reason, provider shall not be responsible for losses of income due to disruption of service(s), beyond the fees paid by client to provider for service(s), during the period of disruption or malfunction.

13. Limitation/Disclaimer of Liability. Provider is not liable for protection of privacy of electronic mail or other information transferred through the Internet or any other network provider or its’ customers. Provider does not represent or warrant to Client that Client will receive continual and uninterrupted service during the term of this Agreement. In no event shall Provider be liable to Client for any damages resulting from or related to any failure or delay of Provider to provide service under this Agreement if such delays or failures are due to strikes, riots, fire, inclement weather, theft, vandalism, acts of God, or other causes beyond Provider’s control, as defined by standard practices in the industry. Such failure or delay shall not constitute a default under this Agreement.
14. Indemnity. Client agrees to defend, indemnify and hold Provider harmless from and against any and all claims, losses, liabilities and expenses (including attorneys’ and other legal fees) related to or arising from the services provided by Provider to Client under this Agreement, including without limitation, claims made by third parties (including customers of Client), related to any false advertising claims, liability claims for products or services sold or provided by Client, claims for patent, copyright or trademark infringement, claims due to disruption or malfunction of services provided hereunder, or for any content submitted by Client for publication or distribution by Provider, but excluding those related to the negligence of Provider.
15. Resale of Provider’s Service. If Client acts as a "reseller" of the services provided by Provider to Client hereunder, by Client providing similar services to its customers, then all the terms of this Agreement shall provide to the resale. Without limiting the foregoing, Client’s obligations under Section 9 ("Indemnity") shall apply to any and all claims made against Client and/or Provider which arise out of the resale of Provider’s services.
16. Taxes. If any federal, state, or local government entity with authority of taxation over the services provided under this Agreement imposes a tax directly on the services provided by Provider to Client under this Agreement (excluding any income, business and occupation, capital gain, death or inheritance, or other indirect taxes), then Provider may pass the direct amount of such cost on to Client, and Client shall pay such cost.
17. Governing Law/Venue. The laws of the State of Louisiana shall govern this Agreement. Venue for any action hereunder shall be in Caddo Parish, Louisiana.
18. Relationship of the Parties. The parties intend that an independent contractor relationship shall be created by this Agreement, and that no partnership, joint venture or employee/employer relationship is intended.
19. Waiver. Any party’s failure to insist on compliance or enforcement of any provision of this Agreement shall not affect its validity or enforceability or constitute a waiver of future enforcement of that provision or of any other provision of this Agreement.
20. Attorneys’ Fees. If a legal proceeding is commenced to enforce or obtain a declaration of rights under this Agreement, the prevailing party in such proceeding shall be entitled to recover its reasonable attorneys’ fees and costs incurred in the proceeding from the nonprevailing party, as well as any reasonable attorneys’ fees and costs that the prevailing party incurred prior to the commencement of the proceedings.