Agreement is between LEM.NET
and the participant ("you" or "your").
This Agreement sets forth the terms and conditions
under which you agree to use LEM.NET's
Client Service ("Service" or "Services").
will provide you with the necessary user documentation.
Commencing on the date on which you initiate the
Service, you will have use of the Service pursuant
to the terms and conditions set forth herein. Such
Service shall renew automatically and shall continue
until such time as you provide LEM.NET
with notice that you wish to discontinue such Service,
or as terminated and/or canceled by LEM.NET,
as set forth herein.
For all Service(s) charges, including installation
charges if applicable, LEM.NET
will either (1) bill you monthly (2) Monthly recurring
charges are billed one month in advance of Service.
If any portion of payment is received after the
late payment date, a monthly late charge may be
charged to you. The monthly late charge will be
1.5% of the entire outstanding balance for each
month or portion thereof (18% per annum) for which
the balance remains.
may assign unpaid late balances to a collection
agency for appropriate action. In the event legal
action is necessary to collect on balances due,
you agree to reimburse LEM.NET
for expenses incurred to recover sums due, including
attorneys fees and other legal expenses.
You are responsible for purchase and payment of
tariffed network services needed for use of these
Any long distance, measured service or toll charges
incurred by you to dial into the Service during
your use of the Service shall be your sole responsibility.
You understand and agree that temporary interruptions
of the Service may occur as normal events in the
provision of the Service. LEM.NET
agrees to exercise reasonable care to prevent such
occurrences; however, under no circumstances will
be held liable for any financial or other damages
due to such interruptions.
Limitation of Liability
will make reasonable efforts to provide continuous,
uninterrupted, expedient and error-free Service
to you. In no event shall LEM.NET
be liable to you or any other person for any special,
incidental, consequential or punitive damages of
any kind, including without limitation, refunds
of fees, loss of profits, loss of income or cost
of replacement services.
Any Software provided hereunder is provided on an
as-is basis. LEM.NET
makes no express or implied warranties (including
those of merchantability or fitness for a particular
purpose) with respect to the Software provided.
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT,
HEREBY DISCLAIMS ANY AND ALL WARRANTIES INCLUDING
IMPLIED WARRANTIES OF FITNESS, MERCHANTABILITY AND
You agree to indemnify and save LEM.NET
harmless from all claims, losses, liens, expenses,
suits and attorneys' fees ("Liabilities")
for 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
The offending party shall, at its expense, defend
any claim, legal proceeding or suit asserting a
claim for Liabilities and shall pay all costs and
attorneys' fees incurred by the other in connection
You agree to indemnify LEM.NET,
its parent, affiliates and subsidiaries, in the
event that your use of the Service and/or Software;
(a) constitutes a violation of any law, regulation
or tariff (including, without limitation, copyright
and intellectual property laws); (b) is defamatory,
fraudulent or deceptive, (c) is intended to threaten,
harass or intimidate, or (d) interferes with other
customers' use or enjoyment of the Services provided
are solely responsible for provisioning, configuration
and maintenance of all equipment on your premises,
including, without limitation, computer equipment
You shall not use LEM.NET's
name or any language, pictures or symbols which
could, in LEM.NET's
judgment, imply LEM.NET's
identity in any (a) written or oral advertising
or presentation, or (b) brochure, newsletter, book,
or other written material of whatever nature, without
prior mutual written consent.
You agree to comply with the rules and regulations
applicable to any network that is accessed through
Any violation of such rules, regulation and policies
and any network policies document issued by LEM.NET,
may terminate this Agreement. Any attempt to break
security or to access an account which does not
belong to Customer shall be considered a material
breach of this Agreement, LEM.NET
may terminate this Agreement.
reserves the right to terminate the Service to you
in the event it is used in a manner which (a) constitutes
violation of any law, regulation or tariff (including,
without limitation, copyright and intellectual property
laws); (b) is defamatory, fraudulent or deceptive;
(d) is intended to threaten, harass or intimidate;
(d) tends to damage the name or reputation of LEM.NET,
its parent, affiliates and subsidiaries; or (e)
interferes with other customers' use and enjoyment
of the Services provided by LEM.NET.
exercises no control over the content of the information
passing through the Service. You understand that
the information that is available over interconnecting
networks may not be valid or accurate. Use of such
information will be at your own risk.
Cancellation and Termination
In the event of a ruling, regulation or order issued
by a judicial, legislative or regulatory body causes
to believe that this Agreement may be in conflict
with such rules, regulations and orders, LEM.NET
may terminate this Agreement without liability.
Lem.Net does not refund charges for unused service.
In the event you terminate service, you agree that
the following cancellation charges shall apply:
(1) for month to month service, the monthly charge
for the month in which Service is terminated; or
(2) for service under the "Annual Pricing Plan",
the annual charge for the year in which Service
is terminated." B. You may terminate this Agreement
upon notice to LEM.NET.
You agree that the monthly charge for the month
in which service is terminated shall be forfeit
as a cancellation charge.
If you fail to pay any charge when due, including,
but not limited to, installation charges or taxes,
or if you fail to perform or observe any other material
term or condition of this Agreement, and such condition
continues unremedied for thirty (30) days, you shall
be in default and LEM.NET
may terminate the Service to you.