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blackAL.com: is a free service available to the general public.
blackAL.com business listings: are a free service available to the general public.
Other Services with a fee: Customer agrees to purchase the blackAL.com Services. (“blackAL.com”) products and/or services outlined in the Service Order on the terms and conditions described herein and reflected in the tariff on file at the governmental regulatory authority in the state in which this Agreement was signed. Conflicts between this agreement and the tariff shall be resolved in favor of the tariff. Customer agrees to remain a subscriber of the service for a minimum period of one (1) month from the date of service activation. This Agreement shall automatically renew for successive one (1) month periods on the same terms and conditions contained herein until terminated by either party by providing written notice no less than 30 days prior to the end of the then current term. Notwithstanding the previous sentence, Customer may terminate the Service within the initial 30 days following activation in the event Customer, in its good faith judgment is not satisfied with the Service. Notice of termination should be made in writing to the blackAL.com Customer Service, P.O. Box 340 Normal, Alabama 35762.
Rights and Obligations of Customer: blackAL.com 's Services are to be used only for lawful purposes and in accordance with blackAL.com 's .: Acceptable Use Policy. Failure to comply with these obligations and the obligation in the Acceptable Use Policy shall constitute a violation of these terms and conditions and possible termination of this Agreement at blackAL.com 's discretion. If Customer operates hardware or software that blackAL.com determines in its sole discretion may cause hazard, interference, or service interruption to blackAL.com provided equipment or Services or blackAL.com 's network, Customer shall immediately remove the offending hardware or software upon notice. Customer agrees that blackAL.com , in its discretion, may access Customer’s network in order to deliver an Internet Control Message Protocol (ICMP) ping in order to determine the number of IP addresses being utilized by Customer.
Proprietary Rights: blackAL.com grants Customer a non-exclusive, non-transferable license to use the Products and Services provided hereunder. Title, property rights, software licenses and hardware licenses and agreements, including all intellectual property rights to such Products and Services, are and shall remain with blackAL.com or blackAL.com 's licensor, whether or not they are embedded in any Product or Service. Customer shall not attempt in any way to alter, re-engineer, tamper with, or otherwise misuse such Products and Services. In all cases, the IP addresses assigned for Customer use remain the property of blackAL.com and shall revert to the same upon Customer termination.
Invoicing and Payment of Service: Initial rates for the Services are set forth in the Service Order(s). The initial rates shall be in effect for the duration of the initial service commitment. blackAL.com shall invoice Customer monthly, in advance. The price of the Service described in the Service Order(s) does not include sales, usage, excise, ad-valorem, property or any other taxes now or hereafter imposed, directly or indirectly, by any governmental authority or agency with respect to the Services or Products. Customer agrees to pay such taxes directly or reimburse blackAL.com for any such taxes. This bill is due and payable in full on the date shown on the bill. Customer may prepay for the services for the term of this Agreement.
Non-Payment/Customer Termination: A late charge equal to the lesser of 1-1/2% per month or the maximum rate permitted by law may be applied to each of Customer's service bills not paid by the due date. This late charge is applicable to the unpaid balances as of the due date. Customer shall pay blackAL.com all costs including, without limitation, reasonably attorney fees, the fees of any collection agency, and any other costs incurred by blackAL.com in exercising any of its rights under this Agreement. If Customer terminates the Agreement, or if blackAL.com terminates the Customer for a violation(s) of the Acceptable Use Policy, Customer shall immediately pay a lump sum equal to the charges for the remainder of the then-current term of the Agreement.
Limitation of Liability: blackAL.com exercises no control whatsoever over the content of any information passing through its network. Customer agrees that blackAL.com makes no representation that it can provide uninterrupted service. blackAL.com is not responsible for any damages Customer may suffer for any reason, including, but not limited to content passing through its network, loss or degradation of data resulting from delays, non-deliveries, wrong deliveries, or for any and all service interruptions whether caused by the acts or omissions of blackAL.com and its employees, of Customer, or of any other party other than the credits outlined herein. blackAL.com shall not be liable for acts or omissions of other carriers, equipment failures or modifications, acts of God, strikes, government actions, or other causes beyond its reasonable control. Customer further agrees to indemnify and hold harmless blackAL.com from any and all claims resulting from Customer's use of the equipment or Services, or violation of the Acceptable Use Policy. blackAL.com MAKES NO WARRANTIES WITH RESPECT TO THE PRODUCTS OR SERVICES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT. THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE ARE HEREBY DISCLAIMED AND EXCLUDED. blackAL.com SHALL NOT BE LIABLE TO ITS CUSTOMER OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. In no event may Customer recover damages in excess of the total amount paid by Customer to blackAL.com over the one (1) month preceding the event giving rise to a claim for damages. All disputes between Customer and blackAL.com shall be resolved by means of an arbitration conducted under the auspices and rules of the American Arbitration Association. Any dispute not raised within one (1) year is waived.
Transfer and Assignment: Customer may not sell, assign or transfer this Agreement without the prior written consent of blackAL.com . blackAL.com may assign this Agreement upon written notice to Customer. Governing Law: This Agreement is governed by the laws of the State of Alabama without regard to its choice of law provisions.
Acceptance: This Agreement, Service Order(s), and Acceptable Use Policy together supersede all previous representations, understandings or agreements and shall prevail notwithstanding any variance with terms and conditions of any order submitted.
REFUND: All services come with a 30 day money back guarantee unless otherwise specified.
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