DSLExtreme will provide Customer with a point to point T1 line from Customer Facilities to the Internet, subject to the terms and conditions set forth herein and only to the extent such T1 line is a service listed in Section V. Service and Equipment Order as supplied by DSLExtreme. The T1 line will have a maximum upload and download rate of 1500 kbps for a T1, 3000 kbps for two Bonded T1s, 4500 kbps for three Bonded T1s and 6000 for four Bonded T1s and Customer will be supplied with one block of 5 IP addresses. Additional IP addresses may be made available upon request for an additional monthly fee. Upon request DSLExtreme may provide primary and/or secondary DNS services for DSLExtreme supplied IP addresses (any such DNS services provided by DSLExtreme, together with such T1 line and IP addresses and any other services listed in Section V. Service and Equipment as supplied by DSLExtreme collectively referred to herein as the "Service").2. IP ADDRESSES
Upon expiration, cancellation or termination of this Agreement, Customer must relinquish any IP addresses or address blocks assigned to them by DSLExtreme. DSLExtreme may choose to assign Customer new IP addresses at any time.3. TERM
This Agreement is effective beginning on the Effective Date and shall continue for a period ending upon the earlier of (a) the end of a number of months after the Effective Date equal to the number of months listed in Section V. Service and Equipment Order or (b) the date on which this Agreement is terminated by Customer or DSLExtreme pursuant to the terms of this Agreement (such period, the "Term").4. ACTIVATION DATE
The Service activation date shall be the date Customer has connectivity over the transport network to DSLExtreme's Internet Access Network (the "Activation Date"). In the case of connectivity via DSL, Frame Relay, SMDS, or ATM, connectivity shall have occurred when a physical connection has been installed and a Private Virtual Circuit (PVC) has been established to permit routing of traffic from Customer's equipment to DSLExtreme's Internet Access Network. The Activation Date shall not be dependent on correct configuration of Customer's computer equipment, application's (e.g., Domain Name Service, Electronic Mail Service), Local Area Network or Wide Area Network.5. BILLING, LATE FEES, OTHER CHARGES AND COLLECTIONSA.
DSLExtreme's prices are shown in the Pricing Schedule and you will be charged based on the Plan and Options you select during the ordering process. A Subscriber who selects a "Month to Month" Plan (a "Monthly Subscriber") will pay the monthly price(s) listed on the Pricing Schedule corresponding to the Plan and Options chosen by such Monthly Subscriber at the time of order. However, such monthly prices are subject at any time to increase to DSLExtreme's then current prices. A Subscriber who selects a "1 Year Contract", "2 Year Contract", or a "3 Year Contract", Plan (an "Annual Subscriber") will pay the monthly price(s) listed on the Pricing Schedule corresponding to the Plan and Options chosen by such Annual Subscriber at the time of order. Such monthly prices for Annual Subscribers are guaranteed for the initial twelve (12), twenty-four (24) or thirty-six (36) month Term. Following the initial twelve (12) twenty-four (24) or thirty-six (36) month Term, an Annual Subscriber will automatically become a Monthly Subscriber and will pay DSLExtreme's then current prices, subject to increase as described above, unless such Subscriber registers for a new "Contract" Plan at such time, to the extent available. In addition to regular fees set forth in the Pricing Schedule, you agree to pay all other charges, including but not limited to applicable taxes, network usage and surcharges, including charges imposed against DSLExtreme by third party providers that it passes on to you. The taxes and surcharges may vary on a monthly basis; any variations will be reflected in your monthly charge. Texas Residents are also subject to an Internet Tax on all monthly services of eight and three-tenths percent (8.3%) after the first twenty-five dollars ($25.00). When possible, DSLExtreme will break out such charges on the monthly invoice. You may change your plan speed at any time. Promotional packages are only available to first time DSLExtreme Subscribers.B.
Customer's one-time and monthly charges are listed on our website. The first invoice for Service may include one or more of the following: (a) the pro-rated charges for the remainder of the current month, (b) the total charges for the following month, (c) the actual usage charges for the previous month and (d) the one-time charges, as applicable. Monthly recurring Service charges shall commence on the Activation Date, and shall be billed in advance of Service for months following the first month of Service. Invoices are due and payable in full upon receiptC.
Upon entering into this Agreement, a non-refundable setup fee of five hundred dollars ($500.00) will apply to all Subscribers unless otherwise in the Pricing Schedule via a special promotion. D.
There is no money back guarantee for any Services unless specifically written in a special one time promotion. There are no pro-rated refunds for unused time, including for pre-paid plans, such as annual plans. Unless otherwise stated in the Pricing Schedule, DSLExtreme will invoice Subscribers monthly. Invoices will be on a full calendar month basis. New Subscribers who enter into this Agreement after the first day of any month will be billed on a pro-rated basis for their first month of Service and thereafter on a full calendar month basis. Subscribers agree to pay within twenty (20) days from receipt of an invoice. If a Subscriber does not pay an invoice within such twenty (20) day period, DSLExtreme may deny, discontinue or otherwise suspend such Subscriber's Service until full payment is received. Subscribers are responsible for paying monthly subscription fees while Services are suspended due to non-payment. All accounts suspended for non-payment are subject to a ten dollar ($10.00) re-activation fee. Subscribers are responsible for any disputed charges beyond sixty (60) days from the date of the charge. Any account which goes into collection status will be transferred to a collection agency and incur a twenty-five dollar ($25.00) processing fee and all other applicable fees and charges. Subscribers must pay a twenty-five dollar ($25.00) service charge on all returned checks, disputed credit cards, and credit card chargebacks. Past due accounts will accrue a monthly charge of one and one-half percent (1.5%) of the past due balance or one dollar ($1.00), whichever is greater.E.
In the event Customer fails to pay charges billed or DSLExtreme, or its billing agent, is unable to bill Customer, DSLExtreme reserves the right to bill outstanding sums in any of the alternative methods identified in paragraph 5.A. DSLExtreme may assign unpaid late balances to a collection agency for appropriate action. In the event legal action is necessary to collect on balances due, Customer agrees to reimburse DSLExtreme for all expenses incurred to recover sums due, including without limitation attorneys fees and other legal expenses.6. TERMINATION BY SUBSCRIBER
Customer can terminate this Agreement if the Service does not meet or exceed a 99% uptime record by providing DSLExtreme with written notice of termination and paying all fees and other charges accrued or otherwise payable under the terms of this Agreement (any such termination, a "Termination With Cause"). Customer will not accrue any additional monthly charges following a Termination With Cause. Any downtime caused by Customer shall not count for purposes of determining a 99% uptime record. If Customer terminates this Agreement prior to the end of the number of months after the Effective Date equal to the number of months listed in Section V. Service and Equipment Order (any such remaining months in such period, the "Remaining Months") other than by a Termination With Cause, or if DSLExtreme terminates this Agreement because Customer is in breach of any of the terms of this Agreement (including but not limited to the Acceptable Use Policy) (any such termination by Customer or DSLExtreme, a "Termination Without Cause"), Customer must pay a cancellation charge equal to the installation charges waived plus the unpaid monthly charges for each Remaining Month. Such cancellation charge and all fees and other charges accrued or otherwise payable under the terms of this Agreement shall be due immediately upon a Termination Without Cause. A written termination request is valid only if it includes your account number, phone number, main username, date you wish the service to be cancelled and the reason for canceling and is submitted using one of the following methods:
1. Online at http://www.dslextreme.com/cancel/
2. Via fax at 818-206-0326
3. Via mail to: DSLExtreme
Attn: Cancellation Department
9221 Corbin Ave, Suite 260
Northridge, CA 913247. EARLY TERMINATION BY DSLEXTREME
If, in DSLExtreme's sole discretion, (a) Customer is in breach of any of the terms of this Agreement (including but not limited to the Acceptable Use Policy); (b) Customer's use of the Service is prohibited by law or is disruptive to, adversely impacts or causes a malfunction to the Service, DSLExtreme's servers or other equipment, or the use and enjoyment of other users; (c) DSLExtreme receives an order from a court to terminate Customer's Service; or (d) DSLExtreme for any reason ceases to offer the Service, then DSLExtreme at its sole election may terminate or suspend Customer's Service immediately without notice. For a termination in accordance with this paragraph, Customer remains liable for all unpaid fees and other charges accrued or otherwise payable under the terms of this Agreement.8. INTERRUPTION OF SERVICE
Customer understands and agrees that temporary interruptions may occur as normal and reasonable events in the provision of the Service. DSLExtreme agrees to exercise reasonable care to prevent such occurrences. Customer further understands and agrees that DSLExtreme has no control over third party networks Customer may access in the use of the Service, and therefore, delays and disruption of other network transmissions are completely beyond the control of DSLExtreme.9. THINGS BEYOND DSLEXTREME'S CONTROL
DSLExtreme will not be liable for delays, damages or failures in performance due to causes beyond its reasonable control, including, but not limited to, acts of a governmental body, acts of God, acts of third parties, fires, floods, strikes or other labor-related disputes, of other things we do not control, or an inability to obtain necessary equipment or services.10. TECHNICAL SUPPORT
DSLExtreme assumes Customer has an understanding of Customer's equipment. DSLExtreme will provide Customer with technical support to the point applicable to Customer's Service. DSLExtreme will provide Customer with technical support relating to email service only to the extent that such email service is listed in Section V. Service and Equipment as supplied by DSLExtreme. DSLExtreme will not train Customer in computer skills. Technical support is intended to facilitate the setup of Customer's properly functioning equipment for access to the Service. Customer's equipment must be in working order before any technical support will be dispensed. DSLExtreme's technical support staff is not trained to and, unless otherwise specifically provided for in this Agreement, has no obligation to and will not assist Customer in installing and/or troubleshooting any of Customer's equipment (including, without limitation, modems, network cards, routers, complex network configurations, telephone lines) or third party software. Customer must initiate and be available for technical support during DSLExtreme's hours of operation. If Customer wishes to utilize DSLExtreme's technical support, Customer must be available to help troubleshoot the connection or computer setup. DSLExtreme does not provide on-site technical support. Use of DSLExtreme technical support is at Customer's own risk and is not warranted.SECTION II: EQUIPMENT1. INSTALLATION OF EQUIPMENTA.
In the event DSLExtreme provides on-site installation of equipment listed in Section V. Service and Equipment as supplied by DSLExtreme ("Equipment"), Customer shall provide reasonable access to Customer's premises, and adequate communications facilities and workspace, to enable DSLExtreme to perform its obligations under this Agreement. Customer shall make premises free from all hazardous material (e.g. asbestos) and dangerous conditions prior to performance of work by DSLExtreme.B.
Installation is complete upon the occurrence of all of the following: (a) Equipment is configured per manufacturer specifications, or other reasonable Customer-specified configuration provided to DSLExtreme prior to installation; (b) Equipment is connected to network service, as applicable to the type of units to be installed; (c) Equipment has been tested with network service provided by DSLExtreme, which is ordered by Customer, outside this Agreement; and (d) Equipment first operates as per manufacturer specifications.C.
Installation does not include any of the following: (a) installation or other work related to inside wire; (b) LAN configuration and testing of applications; (c) fine-tuning of application related communication; (d) site visit to determine circuit or jack demarcation or termination or to determine equipment placement; or (e) additional site visits if Customer misses an appointment, does not have its site ready for installation or requests additional testing or configuration. Charges may apply if the network provider must extend the jack beyond the MPOE or perform any inside wiring work. Additional site visits will be billed on a time and materials charge at then current rate, at a minimum of two hours per site visit.2. MAINTENANCE OF EQUIPMENT
For maintenance services on any Equipment provided pursuant to this Agreement under a manufacturer's warranty, DSLExtreme may, at it's option, repair or replace such Equipment at Customer's location or at another location specified by DSLExtreme.3. CUSTOMER PROVIDED EQUIPMENT
Unless specified in an accepted Sales Order, which is executed pursuant to this Agreement, Customer is solely responsible for provisioning, configuration and maintenance of all customer premises equipment (hardware and software), including without limitation TCP/IP routers, CSU/DSU line interface units, primary domain name servers, electronic mail servers and firewall or proxy servers. DSLExtreme shall not be responsible for delays in the provision of Service resulting from incompatibility of such equipment, or resulting from improper provisioning, configuration or maintenance of such equipment. Incompatible Customer equipment shall not relieve Customer from any of their obligations under this Agreement while troubleshooting defective or incompatible equipment even if Customer's Service is down during such periods of troubleshooting.4. INSTALLATION DATE
The estimated available installation date is three weeks after DSLExtreme has received a signed copy of this Agreement. These time periods may vary based on the scope of the desired installation and upon the current availability of Equipment and Services.SECTION III: WARRANTIES, LIMITATIONS OF LIABILITY AND INDEMNIFICATION
1. WARRANTIES AND LIMITATIONS OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE, EQUIPMENT AND SOFTWARE SUPPLIED HEREUNDER IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITH ALL FAULTS. EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THIS AGREEMENT AND AS OTHERWISE SPECIFICALLY SET FORTH IN ANY MANUFACTURER WARRANTY FOR ANY SOFTWARE OR EQUIPMENT PROVIDED BY DSLEXTREME (BUT ONLY IF SUCH WARRANTY IS INCLUDED WITH SUCH SOFTWARE OR EQUIPMENT). DSLEXTREME (AND ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AND AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS DISCLAIM ANY AND ALL WARRANTIES FOR THE SERVICE, SOFTWARE AND EQUIPMENT WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, NON-INTERFERENCE, TITLE, COMPATIBILITY OF COMPUTER SYSTEMS, INTEGRATION, AND THOSE ARISING FROM COURSE OF DEALING, COURSE OF TRADE, OR ARISING UNDER STATUTE. NO ADVICE OR INFORMATION GIVEN BY DSLEXTREME OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. USE OF DSLEXTREME TECHNICAL SUPPORT IS AT YOUR OWN RISK AND IS NOT WARRANTED.
DSLEXTREME DOES NOT WARRANT OR GUARANTEE THAT DSL SERVICE CAN BE PROVISIONED TO YOUR LOCATION, OR THAT PROVISIONING WILL OCCUR ACCORDING TO A SPECIFIED SCHEDULE, EVEN IF DSLEXTREME HAS ACCEPTED YOUR ORDER FOR DSL SERVICE. THE PROVISIONING OF DSL SERVICE IS SUBJECT TO CIRCUIT AVAILABILITY AND OTHER FACTORS, INCLUDING WITHOUT LIMITATION, LOOP LENGTH, THE CONDITION OF YOUR TELEPHONE LINE AND WIRING INSIDE YOUR LOCATION, AND YOUR COMPUTER/DEVICE CONFIGURATION AND CAPABILITIES, AMONG OTHER FACTORS. IN THE EVENT YOUR LINE IS NOT PROVISIONED FOR ANY REASON, NEITHER YOU NOR DSLEXTREME SHALL HAVE ANY DUTIES OR OBLIGATIONS UNDER THIS AGREEMENT (OTHER THAN YOUR OBLIGATION TO RETURN ANY DSLEXTREME -PROVIDED EQUIPMENT, PURSUANT TO THE TERMS OF THIS AGREEMENT).
DSLEXTREME DOES NOT WARRANT THAT THE SERVICE, SOFTWARE OR EQUIPMENT PROVIDED BY DSLEXTREME WILL PERFORM AT A PARTICULAR SPEED, BANDWIDTH OR DATA THROUGHPUT RATE, OR WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES, WORMS, OR THE LIKE. DSLEXTREME SHALL NOT BE LIABLE FOR LOSS OF YOUR DATA, OR IF CHANGES IN OPERATION, PROCEDURES, OR SERVICES REQUIRE MODIFICATION OR ALTERATION OF YOUR EQUIPMENT, RENDER THE SAME OBSOLETE OR OTHERWISE AFFECT ITS PERFORMANCE. DSLEXTREME MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED USING THE SERVICE, THE SOFTWARE, THE EQUIPMENT OR THE INTERNET. DSLEXTREME MAKES NO WARRANTY REGARDING THE CONTENT AND INFORMATION ACCESSED BY USING THE SERVICE, THE SOFTWARE, THE EQUIPMENT OR ANY LINKS DISPLAYED. YOU EXPRESSLY ASSUME ALL RISK AND RESPONSIBILITY FOR USE OF THE SERVICE, THE SOFTWARE, THE EQUIPMENT AND THE INTERNET GENERALLY. YOU AGREE NOT TO USE THE SERVICE, THE SOFTWARE OR THE EQUIPMENT IN ANY HIGH RISK ACTIVITIES WHERE DAMAGE OR INJURY TO PERSON, PROPERTY, ENVIRONMENT, OR BUSINESS MAY RESULT IF AN ERROR OCCURS.
IN NO EVENT SHALL DSLEXTREME (OR ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, OR AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS BE LIABLE FOR: (A) ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOSS OF REVENUE OR DAMAGE TO DATA ARISING OUT OF THE USE, PARTIAL USE OR INABILITY TO USE THE SERVICE, THE SOFTWARE OR THE EQUIPMENT, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, THOSE ARISING UNDER CONTRACT, TORT, NEGLIGENCE OR STRICT LIABILITY, EVEN IF DSLEXTREME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES, OR (B) ANY CLAIMS AGAINST YOU BY ANY OTHER PARTY.
ALL LIMITATIONS AND DISCLAIMERS STATED IN THIS SECTION 30 ALSO APPLY TO DSLEXTREME'S THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS AS THIRD PARTY BENEFICIARIES OF THIS AGREEMENT.
ANY RIGHTS OR LIMITS STATED HEREIN ARE THE MAXIMUM FOR WHICH DSLEXTREME (AND ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AND AFFILIATES), DSLEXTREME'S THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS ARE COLLECTIVELY RESPONSIBLE.
THE REMEDIES EXPRESSLY SET FORTH IN THIS AGREEMENT ARE YOUR SOLE AND EXCLUSIVE REMEDIES. YOU MAY HAVE ADDITIONAL RIGHTS UNDER CERTAIN LAWS (SUCH AS CONSUMER LAWS), WHICH DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY, OUR EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
DSLEXTREME RESERVES THE RIGHT TO PURSUE ANY AND ALL LEGAL AND EQUITABLE CLAIMS AGAINST YOU PERTAINING TO YOUR USE OR MISUSE OF THE SERVICE, THE SOFTWARE OR THE EQUIPMENT, OR FOR YOUR BREACH OF THE AGREEMENT (INCLUDING ANY POLICIES RELATING TO THE SERVICE.)
WITHOUT (A) INCREASING ANY OF THE LIABILITIES OR OTHER OBLIGATIONS DSLEXTREME (OR ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES OR AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS ARE OTHERWISE SUBJECT TO PURSUANT TO THIS AGREEEMNT OR SUBJECTING DSLEXTREME (OR ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES OR AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS TO ANY ADDITIONAL LIABILITIES OR OTHER OBLIGATIONS OR (B) INCREASING ANY OF THE RIGHTS YOU ARE OTHERWISE ENTITLED TO PURSUANT TO THIS AGREEMENT OR PROVIDING YOU WITH ANY ADDITIOINAL RIGHTS, THE MAXIMUM AGGREGATE LIABILITY OF DSLEXTREME (AND ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES AND AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS FOR DAMAGES HEREUNDER SHALL NOT EXCEED THE UNUSED PORTION OF YOUR PREPAID FEES, IF ANY.2. INDEMNIFICATION
You agree to defend, indemnify and hold harmless DSLExtreme from and against all liabilities, costs and expenses, including reasonable attorney's fees, related to or arising from: (a) any violation of applicable laws, regulations or this Agreement by you (or any parties who use your account, with or without your permission, to access the Service); (b) the use of the Service, the Software, the Equipment or the Internet or the placement or transmission of any message, information, software or other materials on the Internet by you (or any parties who use your account, with or without your permission, to access the Service); (c) negligent acts, errors, or omissions by you (or any parties who use your account, with or without your permission, to access the Service); (d) injuries to or death of any person and for damages to or loss of any property, which may in any way arise out of or result from or in connection with this Agreement, except to the extent that such liabilities arise from the active negligence or willful misconduct of the other party; or (e) claims for infringement of any intellectual property rights arising from the use of the Service, the Software, the Equipment or the Internet.SECTION IV: MISCELLANEOUS
1. CUSTOMER INFORMATION
Customer understands that DSLExtreme relies on the information Customer supplies and that providing false or incorrect information may result in Service delays or the suspension or termination of Service. Customer agrees to promptly notify DSLExtreme whenever Customer's personal or billing information changes, including without limitation, name, address, telephone number, and credit card number and expiration date, if applicable.2. ACCEPTABLE USE
Customer agrees to use the Service in accordance with DSLExtreme's acceptable use policy ("Acceptable Use Policy") published at https://www.dslextreme.com/Terms/Aup.aspx
DSLExtreme or third parties may provide links to websites other than http://www.dslextreme.com
or other resources. Because DSLExtreme has no control over such websites and resources, Customer acknowledges and agrees that DSLExtreme is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. Customer further acknowledges and agrees that DSLExtreme will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such website or resource.5. CHOICE OF LAW
Customer and DSLExtreme agree that the substantive laws of the State of California, without reference to its principles of conflicts of laws, will be applied to govern, construe and enforce all of the rights and duties of the Parties arising from or relating in any way to the subject matter of this Agreement. CUSTOMER AND DSLEXTREME CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION OF AND VENUE IN A COURT LOCATED IN LOS ANGELES COUNTY, CALIFORNIA FOR ANY SUITS OR CAUSES OF ACTION CONNECTED IN ANY WAY, DIRECTLY OR INDIRECTLY, TO THE SUBJECT MATTER OF THIS AGREEMENT OR TO THE SERVICE. Except as otherwise required by law, including California laws relating to consumer transactions, any cause of action or claim Customer may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.6. COMPLIANCE
DSLExtreme's failure at any time to insist upon strict compliance with any of the provisions of this Agreement in any instance shall not be construed to be a waiver of such terms in the future. If any provision of this Agreement is determined to be invalid, illegal or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and the unenforceable portion shall be construed as nearly as possible to reflect the original intentions of the Parties.7. SUCCESSION, ASSIGNMENT AND SUBCONTRACTING
This Agreement shall be binding upon and inure to the benefit of the Parties named herein and their respective successors and permitted assigns. No Party may assign either this Agreement or any of his or its rights, interests, or obligations hereunder without the prior written approval of DSLExtreme and Customer; provided, however, that DSLExtreme may (a) assign any or all of its rights and interests hereunder to one or more of its affiliates and (b) designate one or more of its affiliates or subcontractors to perform its obligations hereunder (in any or all of which cases DSLExtreme nonetheless shall remain responsible for the performance of all of its obligations hereunder).8. ENTIRE AGREEMENT
This Agreement, including all policies posted on DSLExtreme's website, which are fully incorporated into this Agreement by reference, constitutes the entire agreement between Customer and DSLExtreme with respect to the subject matter hereto and supersedes any and all prior or contemporaneous agreements whether written or oral. Any changes by Customer to this Agreement, or any additional or different terms in Customer's purchase orders, acknowledgements or other documents, written or electronic, are void.9. AMENDMENTS AND WAIVERS
No amendment of any provision of this Agreement shall be valid unless the same shall be in writing and signed by DSLExtreme and Customer. No waiver by any Party of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.10. NOTICES
Except as otherwise expressly provided for herein, all notices, requests, demands, claims and other communications hereunder will be in writing and shall be deemed duly given if (and then two business days after) it is sent by registered or certified mail, return receipt requested, postage prepaid, and addressed to the intended recipient as set forth below:If to DSLExtreme:
9221 Corbin Ave, Suite 260, Northridge, CA 91324If to Customer:
Any Party may send any notice, request, demand, claim, or other communication hereunder to the intended recipient at the address set forth above using any other means (including personal delivery, expedited courier, messenger service, telecopy, telex, ordinary mail, or electronic mail), but no such notice, request, demand, claim, or other communication shall be deemed to have been duly given unless and until it actually is received by the intended recipient. Any Party may change the address to which notices, requests, demands, claims, and other communications hereunder are to be delivered by giving the other Party notice in the manner herein set forth.11. SURVIVAL
All obligations of the Parties under this Agreement, which, by their nature, would continue beyond the termination, cancellation or expiration of this Agreement, including without limitation, those provisions relating to Warranties and Limitation of Liability and Indemnification, shall survive such termination, cancellation or expiration.12. HEADINGS
The section headings contained in this Agreement are inserted for convenience only and shall not affect in any way the meaning or interpretation of this Agreement.SECTION V: SERVICE AND EQUIPMENT ORDER (NOTE: CUSTOM PER ORDER)For Service and Equipment Order, please reference Pricing Schedule based on options you selected during ordering process. You will be charged based on the Plan and Options you select during the ordering process.