|
AIM CONSULTING and
AIMNET SMART BUILDING SYSTEMS
Services Agreement / Terms and Conditions
Networking Services Agreement
These terms and conditions are incorporated into, and a part
of, the AIMNET Smart Building Systems Service Agreement (the
"Agreement") entered into by you ("Customer", "You", or "User(s)",)
for You and others that make use of your Networked device.
AIM CONSULTING for AIMNET Smart Building Services and You
are the Parties to the Agreement, and are subject to these
Terms and Conditions. AIM CONSULTING owns and maintains
computer systems, firewalls, routers and other network
devices (the "AIMNET Smart Building System"), which it makes
available for use by owners, managers, employees, occupants,
service providers and visitors of AIMNET Smart Building’s.
Herein and after the term “AIMNET” represents AIMNET
Smart Building Systems, and the Networking Systems and
Services and other AIM Smart Building Services and including
AIM Consulting as the owner / manager of AIMNET Smart
Building Systems. The term “AIM” represents AIM
Consulting, LLC a Connecticut based company who owns,
installs and manages AIMNET and AIMNET Smart Building
services.
1. Acceptance of this Agreement.
By signing the Agreement, or, by clicking "I Accept" at the
end of the electronic version of the Agreement or by
utilizing any service of AIMNET, You acknowledge that
You have read and understand this Agreement and You accept
the Agreement (together with all of the policies attached
hereto) and agree to abide by its terms and conditions as
they may be amended by AIM from time to time, in its sole
discretion. If You do not accept the Agreement, You may not
and should not utilize AIMNET! Please take the time
to read the Agreement carefully.
The terms and conditions of the Agreement may be amended by
AIM from time to time, in its sole discretion, by posting
such changes at
http://www.aimsmartbuilidng.com
(the "AIMNET Smart Building Internet Site"). Use of AIMNET
by You after a change to these terms and conditions has been
so posted and noticed by AIMNET shall constitute acceptance
by You of such changed terms. If You do not wish to accept
such changes, your sole and exclusive remedy is to refrain
from using AIMNET that AIM is providing to You under this
Agreement.
2. AIMNET Installation and Access.
(a)
AIMNET. Subject to and in accordance with the terms and
conditions of the Agreement, AIMNET will provide You
Networking services. Your networked device needs to be
provided with a private IP address assigned by AIMNET.
AIMNET may offer multiple AIMNET Service products that
consist of varying features and restrictions, including but
not limited to different speeds or traffic consumption
allowances. Product features and restrictions are subject to
change at any time, with or without notice to You, at AIM ’s
sole discretion.
(b) Access. You agree that AIM and AIMNET is
not liable for files, data, connections or other information
that may be lost on your networked device and system during
the access process, and You agree to hold AIM Consulting and
AIMNET harmless in the event that any connection, file, data
or other information is lost. You understand and agree that
AIM Consulting, AIMNET will not restore or reconfigure your
networked device or system at any time.
(c)
Traffic Consumption Allowances. AIM,
AIMNET - has the right to monitor measure and report
bandwidth consumption by You. AIMNET reserves the right, in
its sole discretion, to establish, modify and/or enforce
consumption allowances at any time now or in the future,
with or without notice to You, and to apply a surcharge for
excess usage subsequent to notice of changes in bandwidth
consumption allowances.
(d)
Firewall Security . AIM,
AIMNET incorporates a Firewall with “Content Filtering” and
“Intrusion Protection” and has the right to monitor and log
your visits to websites and other Internet Services accessed
via our Network services. AIMNET Firewall security has the
right to limit the type, amount and direction of data
traffic and connections based on AIMNET building wide
security requirements. AIM reserves the right, in its sole
discretion, to limit access to any Internet Service and
Website at any time now or in the future, with or without
notice to You, and to apply a restriction and or deny access
to any such services.
(e)
SERVICE ACCESS – PAYMENT, AIMNET’s Networking
Services provides a connection to the internet through our
routers and firewalls to one or more of your Networked
devices based on a fee you pay for “Time Use.” Your Access
Time is pre-purchased and the amount of time you pay for is
stored and maintained on the AIMNET Smart Building central
server. Your time is automatically decremented from your
time bank based on your use at the end of each day. If your
Time Bank runs out of purchased time, your service is
automatically discontinued and your network device
connection terminated. Your connection will not re-establish
until additional Time is purchased and stored in your Time
Bank. It is important to keep your “Time Bank” open by
purchasing additional time as required. If your Time Bank
becomes empty and your services automatically terminate, You
understand that a “Service Fee” as published on our fee
schedule at
www.aimsmartbuilding.com will be charged to re-establish
your connection that is in addition to fees paid for time in
your “Time Bank.”
You may establish an automatic credit card charge to insure
that Your Time Bank remains open such that a pre-determined
amount of time is purchased and automatically charged to
your credit card whenever additional time is required.
3.
Support and Maintenance of AIMNET.
AIM may use commercially reasonable efforts to provide
customer support for use of AIMNET solely on the Equipment
described in Section 2 of this Agreement. AIM DOES NOT
GUARANTEE THAT CUSTOMER SUPPORT WILL BE AVAILABLE OR THAT
AIM WILL MAKE AIMNET WORK ON YOUR NETWORKED DEVICE and
SYSTEM OR RESOLVE ALL PROBLEMS IN CONNECTION THEREWITH.
Support
may be available on a commercially reasonable basis via
telephone, e-mail or AIMNET Smart Building Internet Site.
Telephone numbers for such customer support are posted on
AIMNET Smart Building Internet Site and are included in the
"Contact AIM" section of this Agreement. AIM CONSULTING &
AIMNET Smart Building Network Services - AIMNET Smart
Building does not undertake to correct or repair, and shall
have no responsibility for, software, hardware or equipment
that it does not supply, and makes no guarantee that it will
be able to fix your software, hardware or equipment even if
supplied by AIM. AIM will use commercially reasonable
efforts, such as network management, traffic analysis,
operational procedures and policies, that endeavor to
provide appropriate bandwidth for as many customers as
possible. YOU UNDERSTAND AND AGREE THAT AIM DOES NOT
GUARANTEE THAT ANY PARTICULAR AMOUNT OF BANDWIDTH ON AIMNET
OR ANY SPEED OF THROUGHPUT OF YOUR CONNECTION TO AIMNET WILL
BE AVAILABLE TO YOU. You understand and agree that the
speed of AIMNET Networking Services provided to You will
vary depending upon a number of factors, including your
Networked device and associated equipment, Internet traffic
and associated equipment, and other factors. You understand
and agree that AIMNET Service may be temporarily limited,
interrupted or curtailed due to system capacity limitations;
governmental actions; force majeure; events beyond AIM
control; or temporary equipment or systems failures or
modifications, upgrades, maintenance, repairs or similar
activities required or appropriate in connection with the
delivery or improvement of AIMNET Services.
4.
Integrity of AIMNET.
AIMNET, and its various computers, wires, communications
devices and other components are the property of AIM. You
understand and acknowledge that AIMNET is a shared network.
In its sole discretion and with or without notice to You,
AIM reserves the right to take any action regarding any
improper or other use of AIMNET needed to prevent or
minimize harm to AIMNET or prevent or minimize disruption of
the performance of AIMNET Service for other users. Such
action may include, without limitation, suspension or
termination of access by You to AIMNET Services.
5.
Your Obligations.
(a)Responsibility
for use. You agree that You are responsible for the
conduct of anyone who uses AIMNET through your networked
device or static IP address while using your computer system
or other connection device and for ensuring that anyone who
does use AIMNET uses it in accordance with the terms and
conditions of this Agreement.
(b) Your Online Conduct and Use of AIMNET Service.
As a condition of this Agreement, You agree to use AIMNET
Service in accordance with the terms and conditions of this
Agreement You understand that AIM Consulting (AIM)
has the right to enforce these terms and conditions in its
sole discretion, as the same may be amended by AIM from time
to time. In the event of a violation by You, AIM may, singly
or in any combination, issue a warning for the violation,
suspend or terminate your AIMNET Service without the
obligation to notify You prior to taking any such actions.
AIM reserves the right, but has no obligation, to monitor
compliance with and investigate violations of this Agreement
and the Use Policy, including but not limited to monitoring
bandwidth, usage and publicly posted content, gathering
information from You and other users, performing audits of
AIMNET, including scanning equipment connected to the AIMNET
Smart Building Network for common security issues,
identifying and categorizing the type of traffic being sent
and received by You, and examining material on AIMNET
servers and AIMNET Smart Building Networks. You agree that
AIM shall not be liable to You for any of its actions taken
to enforce this Agreement, including any Use Policy. If You
are found to be in violation of the Agreement or the Use
Policy, AIM may, in its sole discretion, permanently
disconnect your service. You may appeal such action by
writing to AIM at the following address: AIM Consulting,
114 Payne Drive, Cheshire, Connecticut, 06410
(c) Use by minors . You represent and warrant to AIM
that You are at least twenty one (21) years of age, and You
agree that AIM may rely on that representation. However, AIM
wishes to express additional cautions in connection with any
use of AIMNET Service that You allow to be made available to
minors using your computer systems, your passwords, IP
addresses, name or user names. You agree that You are
responsible for such use, and AIM strongly recommends that
any use of AIMNET Service by a minor be conducted only under
the supervision of a responsible adult.
(e) Responsibility for security of your credit card and
other information that You provide through your networked
connection. From time to time You may decide to access
third-party Internet sites or order products or services
from third parties when You access your networked
connection. AIM recommends that You use only secure Internet
sites when making your credit card and any other information
about yourself available to others on the Internet. You
agree that You are solely responsible for the security of
your credit card and similar information from unwanted
charges or use. You agree to hold AIM CONSULTING - AIMNET
Smart Building Systems, its agents and affiliates, harmless
in the event that your credit cards, bank account numbers,
social security number, your identity, or any of your
personal information is compromised or utilized by a third
party.
(f) Theft of Service. You understand and agree that
AIM may monitor the AIMNET Network for any such theft of
service, and if such activity is discovered, AIM may pursue,
in its sole discretion, all available remedies, including,
without limitation, charging for the entire period of such
use, and/or termination of service to You.
(g) Assignment or sharing of AIMNET Services. You
agree that You shall not use the AIMNET Service as an
Internet service information provider ("ISP"). You agree
that You shall not resell, share, give away, redistribute,
sublicense or otherwise distribute AIMNET Smart Building
Networking Services or any portion thereof to any third
party in any manner without the prior written consent of
AIM. For example, but without limitation, You may not
provide Internet access to others through your connection,
host shell accounts, provide e-mail or news services to
others, or send or store a news feed.
(h)
Use of a dynamic IP address. You understand and agree
that AIMNET Service is provided using one (1)
dynamically-assigned or statically set public IP address for
each networked connection. You understand and agree that AIM
may monitor AIMNET for the unauthorized use of any static IP
addresses and/or multiple dynamically assigned IP addresses,
and if such activity is discovered, AIM may pursue, in its
sole discretion, all available remedies, including, without
limitation, charging for the entire period of such use,
and/or termination of AIMNET Service to You.
(i) Local networking. AIMNET Smart Building Systems
will support the connection of AIMNET networking service to
a single computer or networked device. AIM does not support
the setup, configurations and equipment maintenance of Your
devices, including multifunction devices, that may contain a
switch, router, firewall, etc. that allow for the connection
of multiple computers. You agree that You shall not operate
a server of any type that provides services to other users,
or for your own use over AIMNET Service. You understand and
agree that AIM has the right to monitor the AIMNET Smart
Building Network and, to the extent necessary, your
networked device to ensure that You are not providing any
services via your connection. You understand and agree that
AIM has the right to take any measures it deems necessary in
its sole discretion to prevent the use of AIMNET Internet
Service for uses other than those prescribed in this
Agreement.
6.
Your Warranties, Representations and Indemnifications.
(a) Warranties and Representations. You warrant and
represent that: You are at least Twenty One (21) years of
age; You will use AIMNET Services only in accordance with
this Agreement; You will take reasonable measures to protect
your personal information and restrict the use of AIMNET
only to those only with your expressed consent.
(b)
Indemnification. You agree to indemnify and hold
harmless AIM CONSULTING - AIMNET Smart Building Services
(its affiliates, subsidiaries, shareholders, officers,
directors, employees, contractors, agents, Premium Content
Providers and their representatives) (together "AIM - AIMNET
Smart Building Indemnified Entities") against any cost,
claim, liability or expense any of AIM - AIMNET Smart
Building Indemnified Entities incurs as a result of or
arising out of or related in any way to your use of AIMNET
Service. In the event of any claim, which, if true, would be
subject to indemnification hereunder, AIM CONSULTING, AIMNET
- AIMNET Smart Building or the affected AIM Indemnified
Parties shall notify You and You agree to cooperate in their
defense at your sole cost. As part of your indemnification
obligations, You agree to reimburse AIM for any costs it
incurs that, directly or indirectly, arise or result from
AIMNET - AIMNET Smart Building Systems and Service provision
of AIMNET Networking Service to You and your use of AIMNET
Service, including but not limited to, complaint fees or
investigation expenses incurred by, or charged by any third
party to, AIM CONSULTING.
7.
Equipment Ownership.
You understand and agree that other than your networked
device, all equipment is the property of AIM CONSULTING and
AIMNET Smart Building Systems. You agree that You will use
reasonable care to avoid damaging the Equipment, and agree
not to alter, modify, sell, license, lease, assign,
encumber, relocate, move or tamper with it. You agree that
AIM - AIMNET Smart Building Systems has the right to
monitor, secure, upgrade or downgrade the Equipment.
8.
Disclaimers and Limitation of AIM - AIMNET Smart Building's
Liability.
(a) YOU UNDERSTAND AND AGREE THAT THE AIMNET SERVICE AND
EQUIPMENT PROVIDED BY AIM - AIMNET SMART BUILDING SYSTEMS
ARE NOT GUARANTEED TO BE ERROR FREE, UNINTERRUPTED, SECURE
OR ALWAYS AVAILABLE OR AVAILABLE WITH SUFFICIENT CAPACITY.
YOU UNDERSTAND AND AGREE THAT THE USE OF AIMNET SERVICE, THE
INTERNET, AND ANY SOFTWARE OR EQUIPMENT PROVIDED BY AIM IS
AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT ANY AND ALL
AIMNET SERVICES AND PRODUCTS ARE PROVIDED "AS IS, AS
AVAILABLE, AND WITH ALL FAULTS" WITHOUT WARRANTIES OF ANY
KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT
LIMITATION, WARRANTIES OF TITLE, NONINFRINGEMENT,
MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, OTHER
THAN WARRANTIES THAT CANNOT LEGALLY BE EXCLUDED.
AIM CONSULTING - AIMNET SMART BUILDING SYSTEMS MAKES NO
WARRANTY THAT THE AIMNET SERVICE WILL WORK ON YOUR NETWORKED
DEVICE. YOU UNDERSTAND AND AGREE THAT AIM - AIMNET SMART
BUILDING SYSTEMS HAS NO RESPONSIBILITY FOR DAMAGE OR
DESTRUCTION TO YOUR NETWORKED DEVICE, OR THE DATA, FILES OR
INFORMATION STORED ON YOUR NETWORKED DEVICE. YOU UNDERSTAND
AND AGREE THAT AIM - AIMNET SMART BUILDING HAS NO
RESPONSIBILITY FOR ANY
THIRD-PARTY CONTENT, DATA, INFORMATION, PROGRAMS OR OTHER
MATERIAL THAT YOU MAY USE OR ACCESS USING AIMNET SERVICE.
YOU UNDERSTAND AND AGREE THAT IT IS SOLELY YOUR
RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND
USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE
AND OTHER INFORMATION PROVIDED THROUGH AIMNET SERVICE OR ON
THE INTERNET.
10.
Unauthorized Access, Viruses and Spyware, and Third-Party
Services, Products and Content.
(a)
Unauthorized Access. AIMNET is a shared network and
is used by many users to access a variety of services.
Although AIMNET incorporates managed firewalls on its
Network, neither AIM nor the Internet provides total
security against unauthorized access. Others may access or
monitor your activity and conduct while You are using AIMNET
Services. AIM is not responsible for any unauthorized access
to the data, files, transmissions, communications sent to or
from You or for unauthorized access to your networked
device. AIM does not warrant any security system it may
employ, either hardware or software, for the purpose of
preventing unauthorized access to your computer. Any
security systems employed by AIM and AIMNET Smart Building
Systems maintain only a minimal level of protection. AIM and
AIMNET Smart Building Systems is not responsible for damages
resulting from the use of any such security system. You
understand and agree that You are solely responsible for the
security of any computer or other device(s) with which You
connect to the AIMNET Service, and any data, programs or
information stored on such devices. You are responsible for
taking measures to ensure the security of your networked
device and system(s) to prevent unauthorized access to it by
others.
(b) Viruses and Spyware. You understand and agree
that AIM and AIMNET Smart Building Systems is not
responsible for any Virus or spyware that gains access to
your networked device over AIMNET or any damage resulting
there from. Although AIMNET does incorporate a high level of
security in its firewall appliances to help protect you from
malicious activity, You are solely responsible for taking
measures to prevent infection of your computer and or
networked devices from Viruses and spyware, including
installing and maintaining up-to-date anti-virus and anti-spyware
software on your networked device. In the event that your
computer becomes infected with any Virus that, in AIM’s sole
discretion, may harm AIMNET or disrupt the performance of
AIMNET for other users, AIM and AIMNET Smart Building
Systems may immediately suspend or terminate access by You
to AIMNET with or without notice to You.
(c) You understand and acknowledge that some third party
services may contain material that may be deemed to be
profane, indecent, disturbing, abusive, or offensive and may
contain other material You may find problematic. YOU
UNDERSTAND AND AGREE THAT NEITHER AIM or AIMNET SMART
BUILDING SYSTEMS NOR SPONSORS ARE RESPONSIBLE FOR ANY SUCH
CONTENT.
(d) Third-party services, products and content provided by
others. You understand and agree that while AIMNET supplies
access to the Internet, it is not responsible for the
services or products offered by others on the Internet, nor
is AIM and AIMNET Smart Building Systems the publisher of
any information on the Internet that is provided by others,
including, without limitation, other users on bulletin
boards, in chat rooms and similar venues. AIM and AIMNET
Smart Building Systems makes no commitment to review,
monitor or filter all access and does not endorse or
otherwise vouch for any service, product, information,
programs, data, or content sent, accessed, offered or
advertised over the Internet or otherwise made available to
You by any individual, information provider, or on-line
service or content provider (other than AIM - AIMNET Smart
Building Services). Such content may include profane,
obscene, indecent, disturbing, illegal, abusive, infringing,
offensive or other material You may find problematic. YOU
UNDERSTAND AND AGREE THAT AIM and AIMNET SMART BUILDING
SYSTEMS ARE NOT RESPONSIBLE FOR ANY SUCH CONTENT.
(e) You understand that AIMNET does incorporate “Content
Filtering” which allows AIM to limit access to certain
websites, email and other Internet services and that our
Content Filtering service is monitored and updated
periodically to restrict such access to any website or other
service that in its sole discretion does not meet the
content and or service requirements of AIMNET Smart Building
services.
11.
Contact AIM and AIMNET Smart Building Services
(a)
General Information. If You have a question or need
general information about AIMNET - AIMNET Smart Building
Systems or its services, please contact AIM CONSULTING at
http://www.aimsmartbuilding.com
or by calling the phone number listed under CONTACTS at the
website.
(b)
Customer Support and Service. For customer service
and support, please contact AIM CONSULTING at
http://www.aimsmartbuilding.com
or by calling the phone number listed under CONTACTS at the
website.
12.
Pricing Information.
Current rates for AIMNET Services are posted on the AIM
Smart Building website or on Your buildings private control
panel. AIM and AIMNET Smart Building Services reserves the
right to change or add fees, surcharges or monthly charges
at any time upon thirty (30) days prior notice.
13.
Term and Termination.
(a)
Termination by AIM. In its sole discretion, AIM
reserves to itself all rights it has under federal, state
and local laws, to suspend or terminate this Agreement and
to Disconnect the AIMNET Service, in whole or in part, at
any time, with or without cause and with no obligation of
prior notice to You. AIM and it’s AIMNET Smart Building
Systems reserves to itself the right to pursue all legal
remedies available to it, in its sole discretion.
14.
Governing Law.
This Agreement shall be governed by the laws of the United
States of America and the State of Connecticut.
15.
Disputes.
If You have a complaint regarding any aspect of your AIMNET
Service,
AIM Consulting encourages You to first contact AIMNET Smart
Building's Customer Service
Department at
http://www.aimsmartbuilding.com
or by calling the phone number listed under CONTACTS at the
website.
16. Miscellaneous.
(a)
Entire Agreement. This Agreement is your entire
agreement with AIM CONSULTING and it’s AIMNET Smart Building
Systems and is not intended to confer and does not confer
any rights or remedies upon any person or entity other than
the Parties to this Agreement and Smart Building Indemnified
Parties. If any part of this Agreement is held invalid or
unenforceable, that portion shall be construed in a manner
consistent with applicable law to reflect, as nearly as
possible, the original intentions of the Parties and the
remaining portions shall remain in full force and effect.
This Agreement sets forth the entire understanding and
agreement of the Parties concerning the subject matter
hereof and supersedes all prior or contemporaneous
understandings or agreements related thereto.
(b)
Assignment. This Agreement and your rights and
obligations under this Agreement may not be assigned by You
in whole or in part without AIM CONSULTING’s prior written
consent.
(c)
Limitation of Information.
AIM - AIMNET SMART BUILDING SHALL HAVE NO OBLIGATION TO MAKE ANY
SPECIFIC INFORMATION, DATA, SERVICE, PROGRAMS, NEWSGROUPS OR
OTHER MATERIAL AVAILABLE THROUGH AIMNET SERVICE AND MAY
BLOCK ANY SUCH MATERIAL IN ITS SOLE DISCRETION.
(d)
Use Policy and Privacy Policy. AIM - AIMNET Smart
Building's Use Policy and AIMNET - AIMNET Smart Building's
Privacy Policy are integral parts of this Agreement and are
incorporated herein.
(e) AIM - AIMNET Smart Building's Remedies and Waiver.
Wherever a remedy is expressly provided to AIM - AIMNET
Smart Building Systems hereunder, such remedy is intended to
add rather than to restrict all of AIM's remedies in law and
equity. In the event of a breach of this Agreement by
You, AIM reserves to itself the right to pursue all legal
remedies available to it against You, in its sole
discretion. If AIM fails, at any time, to enforce any right
or remedy available to it under this Agreement, such failure
shall not be construed to be a waiver of AIM's rights or
remedies. Any waiver of AIM's legal right shall be effective
only if expressly agreed to in writing by AIM.
(f) Force Majeure. AIM shall be excused from
performance hereunder, and shall not be liable for damages
or otherwise, if and to the extent that AIMNET is unable to
perform due to any act, event, cause or condition that is
beyond its reasonable control, including but not limited to
accidents, acts of God, acts of any government, failure of
third-party communications networks, war, terrorist
activity, industrial or labor disputes, fire, flood,
explosion, civil disorder, power failure, equipment failure,
acts of civil or military authorities, theft, vandalism,
misuse, insurrection, inability to obtain the necessary
supplies, and the like. AIM will not notify You of the
occurrence of any such event.
|