Terms of Service

1. Introduction
(a) The Connex USA Internet Service ("Connex USA"), operated and provided by Connex USA, Inc. (Connex USA), is a computing, telecommunications, and information service, including the provision of access to computing, telecommunications, software, and information services provided by third parties via the Internet. The Connex USA Service is available to an authorized account user (either an individual, business, school, or other entity) and hereinafter referred to as "User") through a membership account ("Account") in exchange for the payment of fees and compliance with the terms and conditions of both these Terms of Service (as posted on Connex USA's Web site) and Connex USA's Acceptable Use Policy (a separate document posted on Connex USA's Web site and incorporated herein by reference); it is accessible through a personal computer, or other access device, using telecommunications or networking software and a communications connection.

(b) Please read these Terms of Service carefully. Please also review the Acceptable Use Policy. These Terms of Service and the Acceptable Use Policy collectively comprise the agreement between Connex USA and User with regard to access to the Connex USA Service. Additionally, if Connex USA has issued a quotation, letter of transmittal of access service, or letter or other written description of Connex USA Service access (the Quote) to User, which User has accepted, then such Quote shall also be deemed part of the agreement between Connex USA and User.

(c) BY COMPLETING THE ENROLLMENT PROCESS AND USING THE Connex USA SERVICE, USER AGREES TO BE LEGALLY BOUND AND TO ABIDE BY THESE TERMS OF SERVICE, JUST AS IF USER HAD SIGNED THIS AGREEMENT. If User does not wish to be bound by these Terms of Service, User may not continue to use the Connex USA Service. In such an event, User must immediately terminate User's Account and cease using the Connex USA Service.

(d) Connex USA may modify its Terms of Service at any time and in any manner. Any modification is effective immediately upon either a posting on the Connex USA Web site, electronic mail, or conventional mail. If any modification to these Terms of Service is unacceptable to User, User must immediately terminate User's Account as provided in Section 7 below and cease using the Connex USA Service. USER'S CONTINUED USE OF THE Connex USA SERVICE FOLLOWING MODIFICATION TO THESE TERMS OF SERVICE SHALL BE CONCLUSIVELY DEEMED AS USER'S ACCEPTANCE OF SUCH MODIFICATION.

(e) These Terms of Service and the Acceptable Use Policy, along with an accepted Quote (where applicable) together constitute the entire agreement between Connex USA and User with respect to access to the Connex USA Service. Connex USA may discontinue or alter any aspect of the Connex USA Service, including, but not limited to, (i) restricting the time of availability, (ii) restricting the availability and/or scope of the Connex USA Service for certain platforms (i.e., computer types and operating systems), (iii) restricting the amount of use permitted, or (iv) restricting or terminating any User's right to use the Connex USA Service, at Connex USA's sole discretion and without prior notice or liability.

2. User Responsibilities
(a) Connect Charges

User is responsible for all charges, fees, and taxes (e.g., telephone) associated with connecting to the Connex USA Service through Connex USA's access number or otherwise (e.g. dial-up, digital subscriber line, T-1, or other access). If User orders digital subscriber line service (also known as DSL), DSL-related charges, fees, and taxes will be separately stated from Connex USA Service access charges on User's bill, and User shall be responsible for payment of all such amounts pursuant to the agreement between User and Connex USA for DSL service.

(b) Equipment

User is responsible for obtaining or providing, and maintaining, at User's sole cost, all telephone access lines, telephone and computer equipment (including modem), or other access devices, necessary to access the Connex USA Service. If User orders DSL service, User shall receive, for a charge, certain equipment to establish DSL service, such equipment including a DSL modem, line splitter, and network interface card. User may also be liable for a sign-up fee and/or installation fee, depending upon the type and length of DSL service ordered. In the case of DSL service, a representative from Southwestern Bell Telephone Company will perform the necessary line/equipment testing and installation necessary to establish DSL service for User. Connex USA is not, in any manner, responsible for the acts or omissions of, or damages or personal injury caused by, such representative regarding User's DSL service, User, or User's property, and User shall look solely to Southwestern Bell Telephone Company for recourse in such event(s). Connex USA makes no representations, warranties or assurances that User's equipment will be compatible with the Connex USA Service. User is solely responsible for ensuring and maintaining interoperability, interconnection, interaction and access with respect to its equipment and the Connex USA Service.

(c) Access/Software

(1) Access

Connex USA will provide User with unlimited access to the Connex USA Service as outlined either in User's Quote, or on Connex USA's Web site. The Connex USA Service and any other Connex USA services are subject to change without prior notice to User. The term unlimited access means there will be no time or usage charges applied to User's Account, and does not mean User has unrestricted use or access. A dial-up or other means of access (e.g. DSL) is provided to User to connect to the Connex USA Service from time to time and engage in typical Internet activities, after which time User is expected to disconnect access unless User specifically has a dedicated access Account with Connex USA. A dedicated access Account is one where User is connected to the Connex USA Service continuously, and no idle-time or continuous-connection restrictions apply. User may use the Account to access the Connex USA Service from any computer or from any location. User may allow other individuals to use User's Account (subject to such other users' full and complete compliance with these Terms of Service and the Acceptable Use Policy). However, Connex USA expressly prohibits the concurrent use of an Account by User and one or more individuals or entities. In the event the foregoing occurs, Connex USA will log off the network all concurrent users of User's Account.

(2) Software

Connex USA may provide User with certain software products to be used for access to the Connex USA Service (Connex USA Software). Any manufacturer's warranty normally provided to User by the manufacturer of such software products will be available to User. Please refer to Section 5 for information relating to warranty disclaimers. Any manufacturer's license agreements specifying the terms by which User may use such software products will be solely between the manufacturer and User.

(d) Registration

If User is an individual, User certifies to Connex USA that User is at least eighteen (18) years of age. A minor's parent or legal guardian may authorize a minor's use of User's Account under adult supervision and with assumption of all liabilities resulting from such minor's use. If User is an entity other than an individual (e.g. business or school), User shall be responsible for, and assume all liability resulting from, use of the Account by employees, agents, or students, as the case may be, of User. User agrees to provide Connex USA with accurate, complete, and updated information required by the registration to the Connex USA Service, including User's legal name, address, telephone number(s), and applicable payment data (i.e., credit card number and expiration date or checking account information). User agrees to notify Connex USA within thirty (30) days of any changes in the foregoing information. Failure to comply fully with this provision may result in immediate suspension or termination of User's right to use the Connex USA Service.

(e) Passwords/Pricing/Payment

(1) Passwords

Upon User's enrollment, User will select a unique password. User is responsible for maintaining the confidentiality of User's password and is liable for any harm resulting from disclosing or allowing disclosure of any password. User may change User's password at any time by notifying Connex USA. In the event of a breach of security, User will remain liable for any unauthorized use of the Connex USA Service until User notifies Connex USA.

(2) Pricing

Pricing for the various options comprising the Connex USA Service shall be indicated on User's Quote, or if no Quote is processed, then as listed on Connex USA's Web site or in its pricing/service brochures or its other literature. Connex USA reserves the right to modify its prices at any time and will provide notice of any such changes by electronic mail, conventional mail, or by posting notice on Connex USA's Web site from time to time. Price changes will take effect and will be charged to User in the billing cycle immediately following the month in which notice is given.

(3) Payment

All periodic payments for the Connex USA's Service will be made by User in advance, and billing will commence when User either accepts the Quote or completes User sign-up, online or otherwise. User will pay all sales, use, value-added, personal property or other governmental tax or levy imposed on the Connex USA's Service and relating to User's access (and any other services) billed to User's Account. The following methods of payment are acceptable: credit card, bank withdrawal, and check. All accounts will be automatically renewed upon the completion of the current billing cycle and billing of the User's account will occur in the same manner as stated in the User's service aggreement. It is the User's sole responsibility to cancel the account prior to the start of the next billing cycle to avoid being charged for the next billing cycle. Absolutely no refunds will be paid for any unused portion of service.

Credit Cards: within the first 5 business days of each month, Connex USA will automatically charge User's credit card for the amount User has agreed to pay. The initial charge will occur in the billing cycle following User sign-up. It will include the setup charge, the prorated portion of the initial month of service (based upon a 30-day month), and the first full month of service. Credit cards accepted are Visa, Connex USA, American Express, and Discover.

Bank Withdrawals: within the first 5 business days of each month, Connex USA will submit an automatic request to withdraw from User's bank account the amount User has agreed to pay. The initial charge will occur in the billing cycle following customer sign-up. It will include the setup charge, the prorated portion of the initial month of service (based upon a 30-day month), and the first full month of service.

Checks: User's who pay by check will be billed quarterly in advance. An invoice will be generated in the month preceding the first day of each quarter, and payment is due in advance of the first day of the quarter for which User has been invoiced. Initial quarters will be prorated. Payments are not refundable. The initial invoice will include the setup charge, along with the first 3 months of service.

User shall be liable for all attorney and collection fees arising from Connex USA's efforts to collect any unpaid balance of User's Account. An Account will be considered delinquent of payment is not received on its due date, and in such case a late fee of $15.00 may be assessed. A delinquent account may be suspended (e.g. access to the Connex USA's Service will be denied) until all amounts, including late fees have been fully paid. Charges, however, will continue to accrue on a delinquent account. If Connex USA's processes User's check or attempts to make an automatic withdrawal or credit card charge, as the case may be, and such process or request is denied, Connex USA's may charge User a processing fee of $15.00 for each process or request.

(f) Online Conduct

Any conduct by User that in Connex USA's discretion restricts or inhibits any other User from using or enjoying the Connex USA's Service will not be permitted. User agrees to use the Connex USA Service only for lawful purposes. User is prohibited from posting on, or transmitting through, the Connex USA Service any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, federal or international law. Further details relating to online conduct is specified in the Acceptable Use Policy.

(g) Content

(1) Proprietary Rights

User acknowledges that the Connex USA Service contains information, software, photos, video, graphics, music, sounds or other material (collectively, "Content") that are protected by copyrights, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. Copyright laws, and Connex USA owns a copyright in the selection, coordination, arrangement and enhancement of such Content. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Content, in whole or in part. If no specific restrictions are displayed, User may make copies of portions of the Content, including copyrighted material, trademarks, or other proprietary materials, provided that the copies are made only for User's personal use and that User maintains any notices contained in the Content such as all copyright notices, trademark legends or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws, User may not upload, post, reproduce, or distribute Content protected by copyright, or other proprietary right, without obtaining prior written permission of the copyright or proprietary right owner. Use of any software Content shall be governed by the software license agreement accompanying such software.

(2) Distribution/Uploading of Third Party Content

User may upload to User's Web pages, as applicable, or otherwise distribute on the Connex USA Service only Content that is not subject to any copyright or other proprietary rights protection (collectively, "Public Domain Content"), or Content in which the author has given express authorization for online distribution. Any copyrighted Content submitted with the consent of a copyright owner should contain a phrase such as "Copyright owned by [name of the owner]; Used With Permission." The unauthorized submission of copyrighted or other proprietary Content constitutes a breach of the Terms of Service and could subject User to criminal prosecution as well as personal liability for damages in a civil suit. Remember User, not Connex USA or its independent contractors, is liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm arising from such submission. By submitting Content to any "Public Area", (Public Area(s) are those areas of the Connex USA Service that are generally accessible to other Users) User automatically grants, represents, and warrants that the owner of such Content has expressly granted Connex USA the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute the Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such Content. User also permits any other User to access, view, store or reproduce the Content for such User's personal use. Subject to this grant, the owner of Content placed on the Connex USA Service retains any and all rights which may exist in such Content.

Connex USA will not tolerate the presence of illegal software, serial numbers, or tools that have no other purpose than to crack software on Users' Web pages (as applicable). If Connex USA becomes aware of the presence of such materials on Users' Web pages, Connex USA will alert such Users and ask them to immediately remove such data.

(3) Export

The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. User agrees to abide by these laws, including, but not limited to, the Export Administration Act, the Arms Export Control Act and their implementing regulations, and not to transfer, by electronic transmission or otherwise, any Content derived from the Connex USA Service to either a foreign national or a foreign destination without first obtaining any required government authorization. User further agrees not to upload to the Connex USA Service any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software.

(4) Benefit of Provisions

The foregoing provisions of Section 2(g) are for the benefit of Connex USA and its independent third-party information providers, merchants, and licensors, and each shall have the right to assert and enforce such provisions directly on its own behalf.

(h) Third Party Content

Connex USA is merely a distributor, and not a publisher, of Content supplied by third parties and Users. Accordingly, Connex USA has no more editorial control over such Content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or Content expressed or made available by third parties, including information providers, merchants, Users, or any other user of the Connex USA Service, are those of the respective author(s) or distributor(s) and not of Connex USA. NEITHER Connex USANOR ANY THIRD-PARTY PROVIDER OF INFORMATION GUARANTEES THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY CONTENT, NOR ITS MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. Please refer to Section 5 for information relating to additional warranty disclaimers.

In many instances, the Content available through the Connex USA's Service represents the opinions and judgments of the respective information provider, User, or other user not under contract with Connex USA. Connex USA neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Connex USA Service by anyone other than authorized Connex USA employee spokespersons while acting in their official capacities. UNDER NO CIRCUMSTANCES WILL Connex USA BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY USER'S RELIANCE ON INFORMATION OBTAINED THROUGH THE Connex USA SERVICE, OR FOR ANY INFORMATION ALLEGED, JUDGED, OR RULED TO BE DEFAMATORY IN ANY MANNER. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other Content available through the Connex USA Service.

(i) Retention of Files

User is primarily responsible for retention of all files, information, data and other materials as may be necessary for reconstruction of any files, information, material, or messages lost or incorrectly processed by Connex USA.

3. Third Party Sales and Services
User may order and purchase merchandise or services from other Users and merchants who are not affiliated with Connex USA. All transactions concerning such goods or services, including, but not limited to, purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between the merchant of such goods or services and User. Connex USA makes no warranties or representations whatsoever with regard to any such goods or services provided or offered through the Connex USA Service. Connex USA shall not be a party to any such transaction(s), or be liable for any cost(s) or damage(s) arising either directly or indirectly from any act or omission of any merchant of such goods or services.

4. Connex USA's Rights
(a) Connex USA may elect to electronically monitor Public Areas for adherence to these Terms of Service and may disclose any Content, records or electronic communication of any kind (i) to satisfy any law, regulation or authorized governmental request, (ii) if such disclosure is necessary to operate the Connex USA Service, or (iii) to protect the rights or property of Connex USA, its Users, or information providers or merchants.

(b) Connex USA reserves the right to prohibit conduct, communication, or Content which it deems in its discretion to be harmful to Users, Connex USA's rights, or which violates any applicable law. Notwithstanding the foregoing, neither Connex USA's nor its information providers have the practical ability to restrict conduct, communication or Content which might violate these Terms of Service prior to transmission on the Connex USA's Service, nor can Connex USA's ensure prompt editing or removal of questionable Content after on-line posting. ACCORDINGLY, NEITHER Connex USA NOR ANY INFORMATION PROVIDER SHALL ASSUME LIABILITY FOR ANY ACT OR OMISSION WITH RESPECT TO CONDUCT, COMMUNICATION OR CONTENT ON THE Connex USA SERVICE.

(c) Connex USA will not intentionally monitor or disclose any private electronic communication unless permitted or required by law. Connex USA may terminate immediately without notice any User who misuses or fails to abide by these Terms of Service, including, without limitation, misuse of e-mail or Web space. Please see the Acceptable Use Policy for further details and restrictions.

5. Warranty Disclaimer & Limitation of Liability
(a) USER EXPRESSLY AGREES THAT USE OF THE Connex USA SERVICE AND ANY Connex USA SOFTWARE IS AT USER'S SOLE RISK. NEITHER Connex USA, ITS EMPLOYEES, AFFILIATES, AGENTS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE, WARRANT THAT THE Connex USA SERVICE OR ANY Connex USA SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE Connex USA SERVICE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE Connex USA SERVICE.

(b) THE Connex USA SERVICE AND Connex USA SOFTWARE ARE PROVIDED ON AN "AS IS" "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY Connex USA, ITS EMPLOYEES, AGENTS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY SUCH INFORMATION OR ADVICE.

(c) UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL Connex USA, OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE Connex USA SERVICE OR ANY Connex USA SOFTWARE, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE Connex USA SERVICE OR Connex USA SOFTWARE, INCLUDING, BUT NOT LIMITED TO, RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM OR THROUGH THE Connex USA SERVICE; OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO Connex USA'S RECORDS, PROGRAMS OR SERVICES. NOTWITHSTANDING THE FOREGOING, Connex USA SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER FOR ANY FAILURE TO FULFILL ITS OBLIGATIONS HEREUNDER IF SUCH FAILURE IS CAUSED BY OR ARISES OUT OF AN ACT OF FORCE MAJOR, INCLUDING ACTS OF GOD OR STRIKE, RIOT, LABOR DISPUTE, NATURAL DISASTER, POWER OUTAGE, FIRE, TECHNICAL FAILURE OR ANY OTHER REASONS BEYOND THE CONTROL OF Connex USA. MEMBER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH 5(C) SHALL APPLY TO ALL CONTENT, MERCHANDISE OR SERVICES AVAILABLE THROUGH THE Connex USA SERVICE. THIS SECTION SHALL APPLY EVEN IF Connex USA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SINCE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES Connex USA'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

(d) NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL THE TOTAL LIABILITY RELATING TO THESE TERMS OF SERVICE OF Connex USA, OR ITS EMPLOYEES, AFFILIATES, AGENTS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS OR LICENSORS, FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE, EITHER JOINTLY OR SEVERALLY, EXCEED THE AGGREGATE DOLLAR AMOUNT PAID BY USER TO Connex USA IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIMED INJURY OR DAMAGE.

(e) The foregoing provisions of this Section 5 are for the benefit of Connex USA, its employees, directors, affiliates, agents, information providers, merchants and licensors, and each shall have the right to assert and enforce the provisions directly on its own behalf.

6. Indemnification
Upon request of Connex USA, User agrees to defend, indemnify and hold harmless Connex USA, its officers, directors, employees, agents, third party information providers, merchants and licensees, from any claims and expenses, including reasonable attorney fees, related to any violation of these Terms of Service by use of User's Account(s), or in connection with the placement or transmission by or through User of any Content on or through the Connex USA Service and/or its third-party information providers, merchants or Users.

7. Termination
(a) Subject to the terms and conditions of these Terms of Service, either User or Connex USA may terminate User's Account at any time without reason upon notice. Unless otherwise expressly set forth in these Terms of Service, User's only remedy with respect to any dissatisfaction with any (i) Terms of Service term or policy, guideline, or practice of Connex USA in operating the Connex USA's Service, (ii) Content available through the Connex USA Service or change therein, or (iii) change in the amount or type of fees charged in connection with the Connex USA Service, is to terminate User's Account by delivering written notice to Connex USA, effective the day Connex USA receives notification of termination from User, or such specified future date as may be acceptable to Connex USA. If User pays for the Connex USA Service by credit card or bank withdrawal, then User shall make a final payment in the billing cycle immediately following Connex USA receipt of the notice of termination, and the Connex USA Service will continue until the end of the final month for which User is billed. If User pays for the Connex USA Service by check, then User will not be billed again after receipt by Connex USA of the notice of termination, and the Connex USA  Service will continue until the end of the quarter for which User has already paid (or is owing). Notwithstanding the foregoing, in the event User has ordered digital subscriber line service (also known as DSL), User may be subject to an early termination fee of $125.00.

(b) Connex USA  may immediately terminate User's Account, or suspend User's access to all or part of the Connex USA  Service, without notice, for any conduct that Connex USA, in its sole discretion, believes violates these Terms of Service, interferes with another User's enjoyment of the Connex USA Service, or is harmful to another User, third-party information provider, merchant, licensor, service provider, or Connex USA's interests. In such case, all previously paid User fees will be forfeited and will not be refunded to User, regardless of method of payment.

(c) Upon termination of Account, User shall have no right to (1) access any stored Content on the Connex USA  Service and any such Content will be forfeited, (2) third-party merchandise or services, and Connex USA shall have no responsibility to notify any third-party merchants, nor shall Connex USA be responsible for any consequences resulting from lack of notification. In the event of termination, User remains bound by Sections 2(h), 2(i), 3, 5, 6, 7(c) and 8 herein, such Sections fully surviving termination hereof.

8. Miscellaneous
(a) Construction

In the event that any portion of these Terms of Service is held to be invalid or unenforceable, the invalid or unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of these Terms of Service shall remain in full force and effect. The paragraph headings herein are provided only for reference and shall have no effect on the construction or interpretation of these Terms of Service.

(b) No Implied Waiver/Modification

The failure of either party at any time to require performance by the other party of any provision of these Terms of Service shall in no way affect such party's rights to enforce such provisions, nor shall the waiver by either party of a breach of any provision of these Terms of Service be taken or held to be a waiver of any further breach of the same or dissimilar provision. Neither the course of conduct between parties nor trade practice shall act to modify any provision of these Terms of Service.

(c) Applicable Law

These Terms of Service shall be governed by, interpreted and enforced in accordance with the laws of the State of Oklahoma applicable to contracts made and fully performed therein, without regard to conflicts of law principles requiring the application of the laws of any other state or jurisdiction. Jurisdiction and venue shall lie solely with the courts of the State of Oklahoma. Any cause of action of User with respect to access to the Connex USA Service or Connex USA Software must be commenced within one (1) year after the claim or cause of action arose, or be forever barred.

(d) Trademarks

Connex USA INTERNET SERVICES is a service mark of Connex USA.