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Contract Terms

1.  Access. Upon receipt, in collected funds of the non-refundable fees and advance recurring fees described in the estimate, and the continued payment of all fees, sandSecurity will provide Internet services to the Customer.  Customer agrees that sandSecurity may amend and/or otherwise modify the terms and conditions of its services upon a 30 day written notice.

2.  Payment of Fees.  The Customer agrees to pay to the order of sandSecurity, its successors and assigns, the fees set forth in the payment schedule that is listed on the estimate.  Customer waives any right to offset against payable fees.  Customer agrees that sandSecurity has a right to change rates upon receiving a 30 day written notice and agrees to pay such new rates.  The Customer agrees to pay for each month in service in advance.  The customer shall be liable for the full contract term fee even if terminated before the end of the Contract Term for any reason.  Accounts with bills remaining unpaid 10 days after the due date are liable for a $50.00 administrative surcharge and may have their services suspended.  If payment is returned or rejected, services will be suspended and the Customer agrees to pay a $25.00 service charge.  Suspension of Service does not relieve the Customer from its obligation to pay any and all fees, charges and costs due to sandSecurity.  Suspended services may be resumed at sandSecurity’s discretion upon receipt of full payment of all amounts due and a reconnect charge.  Past due amounts are subject to an interest rate of 1.5% per month from the date of the invoice, subject to the maximum rate permitted by law.  Customer agrees to pay all costs of collection including, but not limited to, attorney and collection agency fees that are incurred.

3.  Disclaimer.  The services provided by sandSecurity and any equipment owned by us and used by the Customer are provided AS IS AND WITHOUT WARRANTY OF ANY KIND, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  THE CUSTOMER AGREES THAT SANDSECURITY SHALL NOT BE HELD LIABLE FOR ANY LOSS OF PROFIT, LOSS OF USE, INTERRUPTION OF BUSINESS, OR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHETHER UNDER THIS AGREEMENT OR OTHERWISE, EVEN IF SANDSECURITY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR WAS GROSSLY NEGLIGENT.  Customer acknowledges that Sandsecurity does not own or control the various telecommunications facilities to which it may provide access, except as those specifically identified as belonging to sandSecurity.

4.  Usage.  sandSecurity exercises no control what so ever the content of information passing through its equipment.  The Customer agrees to use the Internet for only lawful purposes.  The Customer agrees to indemnify and hold sandSecurity harmless for any claims, damages, costs or expenses resulting from the Customer’s use of sandSecurity’s service, equipment, or the Internet.  The Agreement of this indemnification shall survive the termination of this Agreement.  Customer shall have no right to assign or transfer rights and services granted here to any other person or any other location.  Use of sandSecurity’s services, equipment or the Internet constitutes an acceptance of this Agreement in full.  Use of the Internet and the information contained thereon is at the Customer’s own risk.

5.  Entire Agreement.  This agreement and any other attached schedules, as they may be amended by sandSecurity at its sole discretion from time to time, supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the matters stated herein and contains all the covenants and agreements with respect hereto.  This Agreement may be amended or modified only in writing and signed by sandSecurity.

6.  Governing Law.  THE CONSTRUCTION, VALIDITY AND PERFORMANCE OF THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF VIRGINIA AND THE PARTIES HERETO CONSENT TO VENU AND JURISDICTION OF ANY ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT IN THE CITY OF POQUOSON, VIRGINIA.

7.  Cumulative Remedies.  The failure of sandSecurity to seek redress for violation of or to insist upon the strict performance of any provision of this Agreement shall not prevent a subsequent act, which would have originally constituted a violation, from having the effect of an original violation.  The rights and remedies provided in this Agreement are cumulative and the use of any one right or remedy by sandSecurity shall not preclude or waive its right to use any or all of the remedies.  Said rights and remedies are given in addition to any other rights that sandSecurity may have by law, statute, ordinance, or otherwise.

8.  Terms of Contract.  This Agreement shall commence on the date executed by all parties and shall terminate upon the earlier of:

* 12 months for the 1st day of the month following the date the services become “live” (i.e. duly execute Agreement is received by sandSecurity and the product is installed)
* 60 day written notice from the Customer along with payments for all amounts owing to the date of termination immediately upon notice from sandSecurity.
* Termination of service shall not terminate a customers obligation to pay all sums owed to sandSecurity.  This Agreement will automatically renew on a 12 month basis unless otherwise notified by the Customer.

9.  General Terms.  Customer agrees to be responsible for obtaining and maintaining all insurance covering all risks.  Every provision in this Agreement is intended to be severable.  If any term or provision hereof is illegal or invalid for any reason whatsoever such illegailty or invalidity shall not affect the validity of the remainder of the Agreement.

* Captions contained in this Agreement are for reference purposes only and are in no way intended to describe, interpret, define or limit the scope, extend or intent of the Agreement or any provision.
* Use of other networks may sometimes require the approval and use will be subject to any acceptable usage policies such networks establish.
* The Customer shall not self transfer or assign this Agreement.  Any such assignment shall be null and void and shall not relieve the Customer of its obligations to sandSecurity.
* sandSecurity shall not be liable for delays or defaults in furnishing goods or services hereunder, if such delays or defaults on the part of sandSecurity, are due to:

1. Acts of God or Public Enemy
2. Acts of the United States or any state or political subdivision thereof
3. Fires, severe weather, floods, explosions or other catastrophes
4. Embargoes, epidemics, and quarantine restrictions
5. Shortage if goods, labor strikes, slowdowns, differences with workmen or labor stoppages
6. Delays of supplier or delay of transportation for any reason, or causes beyond the control of sandSecurity in furnishing items of services including, but not limited to the breakdown or failure or plant machinery or equipment or delay in the Customer reporting problems or furnishing information or materials.

10.  Facsimile.  Facsimile dated signatures of Customers and/or agents shall be considered a binding Agreement enforceable in accordance with the stated rates, terms and conditions of the Agreement and/or applicable service contracts attached.

11.  Controlling Documents.  Notice is given to Customer that sandSecurity objects to any terms of Customer’s forms inconsistent with those contained herein.  It is a condition of this Agreement htat any provisions printed or otherwise contained in any acknowledgement hereof, inconsistent with or in addition to the terms and conditions herein stated, and any alteration hereof is such acknowledgment signed by sandSecurity, and Customer agrees that any such additional provisions of any such alterations in this Agreement shall not consitute any part of this Agreement contains the complete and final agreement between Customer and sandSecurity and no agreement or other understanding in any way purporting to modify the terms and/or conditions hereof, shall be binding upon sandSecurity unless made in writing and signed by sandSecurity’s authorized representative.

12.  Domains and Copyrights.  sandSecurity is not responsible for domain name requests that have been issues (to another company or indivdual) prior to this request.  Trademark, Copyright and Communications Decency issues are the sole responsibility of the Customer.

13.  Reselling Services.  SELLING OR HOSTING WEB SITES ON VIRTUAL SERVERS ARE ALLOWED UNDER THIS AGREEMENT BUT ARE THE SOLE RESPONSIBILITY OF THE CUSTOMER.