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Sylvania Electronic Village
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Instructions: Please print this page, fill in the information requested, sign, and return by mail to Sylvania Electronic Village, at P.O.Box 220, Sylvania, Ohio 43560, or fax to Sylvania Electronic Village at 824-1770.
Name and Address Information:
First Name:____________________________________________
Middle Name:__________________________________________
Last Name:____________________________________________
Home Street Address:____________________________________
City, State Zip:_________________________________________
Home Telephone:_______________________________________
Home Fax:____________________________________________
Business Name:__________________________________________
Business Street Address:___________________________________
City, State Zip:___________________________________________
Business Phone:__________________________________________
Business Fax:____________________________________________
Preferred E-Mail Address for Personal Membership:
(example john.smith@sylvania.sev.org):
First Choice:
Second Choice:
Preferred E-Mail Address for Business Membership:
(example smith.clothiers@sylvania.sev.org)
First Choice:
Second Choice:
Type of Membership Desired:
[ ] Personal
[ ] Business
Amount of Payment:
[ ] $101.00 ($96 Annual Personal Membership Fee + $5.00 Application Fee.)
[ ] $185.00 ($180.00 Annual Business Membership Fee + $5.00 Application Fee.)
Credit Card Information:
[ ] MasterCard
[ ] Visa
Full Name on Card:_________________________________________
Credit Card Number:________________________________________
Expiration Date:___________________________________________
Bank Name:______________________________________________
I hereby authorize the Sylvania Electronic Village, Inc. to charge my credit card account with an amount equal to my membership's Annual Fee, plus a one-time $5.00 charge for the Application Fee. I further authorize the Sylvania Electronic Village, Inc. to charge my credit card account with an amount equal to my membership's Annual Fee on the first day of the twelfth month of each annual membership term until I terminate my membership.
I hereby consent and agree to the Membership Terms and Conditions set forth below.
_____________________________
Signature
Revised November 12, 1996
Membership Terms and Conditions
1. These terms and conditions shall bind the person signing this application and all other persons with access to the computer(s) owned, used or otherwise maintained by the applicant (hereinafter collectively referred to as the "Subscriber").
2. The following persons and business are eligible for membership in the Sylvania Electronic Village, Inc. (hereinafter referred to as the "SEV"): persons residing in the Sylvania School District; businesses located in the Sylvania School District; employees of business located in the Sylvania School District.
3. The SEV reserves the right to deny membership to or terminate the membership of any person upon the refund of their application fee and the unused portion of any membership fee payment.
4. Subscribers may access the services made available by the SEV. Should those services be unavailable to Subscribers from time to time, for any reason, the unavailability thereof shall not be a breach of this agreement unless it continues without interruption for a period of fourteen (14) days.
5. The SEV reserves the right at any time to impose limitations on Subscriber access to the SEV services to the extent the SEV determines, in its sole discretion, that such limitations are necessary or appropriate.
6. All fees listed on the front of this application already include sales taxes.
7. Termination by the Subscriber of the authority of the SEV to charge Subscriber's MasterCard/Visa account, or failure of the Subscriber to otherwise properly pay for SEV membership, shall result in termination of Subscriber's access to the SEV at the conclusion of the annual membership term for which subscriber has paid.
8. A Subscriber obtaining a personal membership shall receive a personal E-mail address, and, upon request, may obtain additional E-mail addresses for other persons living in the Subscriber's residence. A Subscriber obtaining a business membership shall receive a business E-Mail address, and may obtain up to four additional E-mail addresses for persons employed by the business. The Subscriber may request particular E-mail addresses, but the SEV reserves the right to make the final assignment of E-mail address it deems appropriate. If any minor children living in the Subscriber's residence are assigned E-mail addresses, the SEV reserves the right to disclose the password and anything else necessary to access such addresses to the Subscriber. All E-mail addresses will be published in the SEV online directory to facilitate E-mail communications.
9. The SEV shall select and inform the Subscriber of a password which will permit access to SEV services by the Subscriber. The Subscriber shall not disclose the password to any other person, and is responsible for maintaining the confidentiality of the password.
10. The Subscriber shall comply with all policies and procedures adopted by the SEV from time to time. Violation of SEV policies and procedures may, at the sole discretion of the SEV, result in immediate termination of the Subscriber's membership. Without limiting the generality of the foregoing, the Subscriber shall not do any of the following or permit any other person to do any of the following: (a) restrict or inhibit any other member from using and enjoying SEV services; (b) post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, or profane information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law, including without limitation the U.S. export control laws and regulations; (c) post or transmit any information or software that Subscriber is aware contains a virus, worm, or other harmful component; (d) upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through SEV services which is protected by copyright or other proprietary rights or derivative works with respect thereto, without obtaining permission of the copyright owner or right holder; (e) abuse or fraudulently use the SEV services in any way; (f) issue broadcast E-Mails to persons who have not consented to receive the same.
11. The Subscriber shall continue as a subscriber to the SEV until such membership is terminated by the Subscriber upon at least 30 days' prior written notice to SEV. A Subscriber terminating pursuant to this provision shall not be entitled to a refund of the unused portion of any membership fee payment.
12. Any and all disputes between the SEV and the Subscriber shall be exclusively resolved by binding arbitration before the American Arbitration Association in accordance with the rules thereof, provided, however, that the arbitrator(s) shall have no authority to award punitive damages or attorneys' fees, and the subscriber shall pay all fees and expenses of the arbitration.
13. Miscellaneous. (A) In the event that any portion of this Agreement is held to be unenforceable, the 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 the provisions shall remain in full force and effect. (B) SEV's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement. (C) This Agreement shall be governed by and construed in accordance with the laws of the State of Ohio, without regard to its conflicts of law provisions. Any cause of action Subscriber may have with respect to the SEV or SEV services must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. (D) This Agreement constitutes the entire agreement between Subscriber and the SEV. (E) Subscriber hereby consents to the receipt of all E-Mails issued by the SEV and its representatives.
14. WARRANTY DISCLAIMERS; LIMITATIONS OF REMEDIES. (A) Subscriber understands that the SEV does not operate or control the Internet in any way, and that all merchandise, information and services offered or made available or accessible on or through SEV services are offered or made available or accessible by third parties who are not affiliated with the SEV. The Subscriber assumes total responsibility and risk for his/her/its use of the SEV services. THE SEV MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH SEV SERVICES: ALL SUCH WARRANTIES ARE HEREBY EXPRESSLY EXCLUDED. The SEV and its officers, employees, agents, and volunteers shall not be liable for any cost or damage arising either directly or indirectly from Subscriber's use of the SEV services. It is solely Subscriber's responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services and other information obtained on or through the SEV services, and the quality and merchantability of all merchandise obtained through the SEV services. (B) The Subscriber understands that the Internet contains unedited materials, some of which are sexually explicit or may be offensive to some people. Subscriber accesses such materials at their own risk. The SEV has no control over and accepts no responsibility whatsoever for such materials. (C) SEV SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE: ALL SUCH WARRANTIES ARE HEREBY EXPRESSLY EXCLUDED. No advice or information given by the SEV or its officers, employees, agents, volunteers, affiliates or contractors, or their respective employees, shall create a warranty. Neither the SEV nor its affiliates warrants that the SEV services will be uninterrupted or error free, or that any information, software or other material accessible through the SEV services will be free of viruses, worms, Trojan horses or other harmful components. (D) Under no circumstances shall SEV or its officers, employees, agents, or volunteers be liable for any direct, indirect, incidental, special, punitive or consequential damages that result in any way from Subscriber's use of the SEV services or reliance on or use of information, services or merchandise provided on or through the SEV services, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects delays in operation, or transmission, or any failure of performance. (E) Subscriber's sole and exclusive remedy for any breach of this agreement by the SEV shall be the termination of the subscriber's membership, the refund of the unused portion of any membership fee payment made by the Subscriber, and the refund of an amount equal to one-twelfth of the Subscriber's Annual Fee payment as liquidated damages. (F) Although the SEV assumes no obligation to do so, the SEV reserves the right to refuse to post or to remove any information or materials that it determines, in its sole discretion, are unacceptable, undesirable, or in violation of SEV policies or procedures or this Agreement.
15. The Subscriber agrees to defend, indemnify and hold SEV and its officers,
employees, agents, and volunteers harmless from any and all liabilities, costs and
expenses, including reasonable attorneys' fees, related to or arising from: (a) any
violation of SEV policies or procedures or this Agreement by Subscriber; (b) the use of
SEV services or the placement or transmission of any message, information, software or
other materials on SEV services by Subscriber; (c) negligent acts or omissions of
Subscriber's officers, employees, agents or contractors in connection with the
construction, installation, maintenance, presence, use or removal of systems, channels or
terminal equipment or software which are connected or are to be connected to the SEV
services; and (d) claims for infringement of patents, copyrights, or other intellectual
property rights arising from the use of equipment and software, apparatus and systems in
connection with SEV services.
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please direct them to webmaster@sylvania.sev.org.