To become a Georgia Technology Authority customer, you must agree to the following service agreement. Complete the Subscriber Account Form by clicking on the Subscribe by Mail button below. Mail the Subscriber Account Form and a check based on the rate schedule below to the Georgia Technology Authority.

 

Georgia Technology Authority

Terms of Service Agreement

 

This Terms of Service Agreement (“Agreement”) is made between the Georgia Technology Authority (“GTA”) and any individual or representative of an entity (collectively, “you”, “your” or “I”) accessing GTA’s Web Site(s) for the purpose of accessing any of the premium on-line services offered through GTA to Customer.   GANET provides specific premium to a number of databases.  Customer wishes to use the services made available by GANET.

 

BY CLICKING THE SUBSCRIBE BUTTON OR ACCESSING OR USING ANY PART OF THE PREMIUM ONLINE SERVICES, YOU AND/OR THE ENTITY YOU REPRESENT EXPRESSLY AGREE TO AND CONSENT TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT.  IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MAY NOT ACCESS OR USE ANY PART OF THE PREMIUM ONLINE SERVICES.

 

Terms and Conditions

 

1.            Services

 

a.       General.  GTA will provide online access to services and information at a premium to individuals or entities that agree to the terms and conditions contained within this Agreement, and establish and maintain an account with GTA.  Those individuals or entities shall be referred to as, “Subscribers.”  “GTA Services” shall consist of premium online services containing data and information which is (i) proprietary to GTA or one of GTA’s Clients; or rightfully possessed, maintained or disseminated by GTA or one of GTA’s Clients.

 

b.      Accessibility.  GTA shall use all reasonable efforts to provide access to GTA Services twenty-four (24) hours a day, seven (7) days a week throughout the term of this Agreement.  However, Subscriber agrees that from time to time GTA Services may be inaccessible or inoperable for various reasons, including (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which GTA may undertake from time to time; or (iii) causes beyond the control of GTA or which are not reasonably foreseeable by GTA, including interruption or failure of digital transmission links, hostile network attacks, or network congestion or other failures (collectively, “Downtime”).  GTA shall use its best efforts to minimize any disruption of Hosting Services connected with Downtime.

 

2.         Grant

 

GTA grants to Subscriber a non-exclusive, non-transferable, limited right of electronic access to GTA Services, according to the terms and conditions of this Agreement, and as published on the GTA World Wide Web (Web) Site disclaimer, which is posted at http://www.ganet.org/info/disclaimer.html.  Subscriber is solely responsible for installing and maintaining any equipment or software necessary for Subscriber to electronically access information from Subscriber’s location.    Subscriber’s right to access GTA Services is licensed and not sold.  GTA reserves the right to unilaterally change the terms or conditions of this Agreement without prior notice to Subscriber.  Such changes, as they may be made from time to time by GTA, are incorporated herein.

 

3.            Representations and Warranties

 

You represent and warrant to GTA that:  (i) you are over the age of eighteen (18) and have the power and authority to enter into and perform your obligations under this Agreement, individually, or in your representative capacity; (ii) you shall comply with the terms and conditions of this Agreement, including, without limitation, the Acceptable Use Policy set forth below; and (iii) you will provide accurate and complete information, including without limitation, your legal name (or name of business, if applicable), address, billing information, FEI number, and telephone number.

 

4.            Acceptable Use Policy

 

a.       Subscriber Account.  GTA will issue to Subscriber, user ID(s) and password(s).  Subscriber agrees to pay for all use and data accessed through Subscriber’s Account.  Subscriber is solely responsible for (i) preserving the secrecy of Subscriber’s password(s), (ii) controlling use Subscriber’s Account, and (iii) controlling access to any downloaded data.  Subscriber is solely responsible for any and all charges attributable to Subscriber’s Account and/or password(s) whether or not authorized by Subscriber.

 

b.      Subscriber Use of Information.  Subscriber agrees to comply with all applicable copyright laws, intellectual or other property rights, notices, or other limitations on services, databases, or other information provided through GTA Services.

 

5.            Payment Terms

 

a.       Rate and Rate Changes.  Rates for GTA Services are as set forth on the GTA Web Site located at: http://www.ganet.org/info/gtarates.html.  Rates may be modified from time to time at GTA’s sole discretion.  Any such modifications will be posted to the web address previously listed in this paragraph.

 

b.      Account Setup.   If Subscriber wishes to establish a billing account, Subscriber will be required to pay an account set-up fee in advance by check. The amount of the set-up fee is $100. This fee is strictly for establishing an account and does not constitute payment of any fees charged for services. After the account is established, Subscriber will receive a monthly invoice as services are obtained, which will be payable by check to GTA. Again, the initial account set-up fee cannot be applied to any invoices. This will not preclude Subscriber from using a credit card to pay for ongoing services where the option is available. GTA may, at its sole discretion, require credit references prior to approving an invoicing arrangement.

 

c.     Monthly Invoice.  Subscriber agrees invoices shall be due and payable within thirty (30) days after receipt.   GTA will consider any invoice past due if the Subscriber fails to pay the invoice within sixty (60) days of the date of the invoice. The account is subject to suspension by removing or disabling access to GTA services without notice if any invoice is past due. If suspended, the account will be restored only after full payment of the account balance is received and posted by GTA.

 

d.      Taxes.  “Taxes” means all federal state, local and other taxes, including sales, use and property taxes, related to this Agreement.  All Taxes due, if any, are the responsibility of the Subscriber.

 

6.            Termination and Default

 

a.       Termination.  This Agreement is effective upon your acceptance as set forth herein and shall continue in full force until terminated.  Subscriber may terminate this Agreement at any time and for any reason.  In the event of such Subscriber termination, Subscriber agrees to pay all outstanding monies due to GTA.  GTA reserves the right, in its sole discretion and without notice, at any time and for any reason, to: (i) remove or disable access to all or any portion of GTA Services; (ii) suspend Subscriber’s access to or use of all or any portion of GTA Services; and (iii) terminate this Agreement.

 

b.      Default.  An account is in default if it is (i) past due; if (ii) Subscriber should declares a bankruptcy or insolvency; or (iii) Subscriber breaches this Agreement.  In the event of default, GTA may, at its sole option, remove or disable Subscriber’s from use of the account access to GTA Services either temporarily, or until the past due amount is paid or permanently under the provision of subsection a, regardless of payment.

 

7.            Disclaimer of Warranties

 

ACCESS TO, AND THE CONTENTS OF, GTA SERVICES, IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.  YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK.  GTA DOES NOT WARRANT THAT GTA SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, NOR DOES GTA MAKE ANY WARRANTY AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF, OR ACCESS TO, GTA SERVICES.  GTA MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IN RELATION TO GTA SERVICES.

 

8.            Limitation of Liability

 

UNDER NO CIRCUMSTANCES SHALL THE STATE OF GEORGIA, INCLUDING ITS DEPARTMENTS, AGENCIES, BOARDS, BUREAUS, COMMISSIONS, AUTHORITIES, AND THE STATE TORT LIABILITY FUND OR GTA, ITS DIRECTORS, OFFICERS, AGENTS, OR EMPLOYEES BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT.  YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF GTA SERVICES AND TERMINATE THIS AGREEMENT.

 

9.            Indemnification

 

Subscriber agrees that GTA will not be liable for any claim or demand of any nature or kind whether asserted against GTA or against Subscriber by any third party, arising out of Subscriber’s access of, or use of GTA Services or use of the information received from GTA Services; Subscriber agrees to indemnify and hold GTA harmless from claims of third parties arising out of the Subscriber’s use of GTA Services or use of the information received from GTA Services.

 

10.            Miscellaneous

 

a.       Governing Law.  This Agreement shall be governed by the laws of the State of Georgia without application of conflicts of laws principles.  Any suit brought pursuant to this Agreement against the State of Georgia or GTA shall be filed in the Superior Court of Fulton County, Georgia, and in no other jurisdiction.

 

b.      Amendments.  GTA shall have the right to, at any time and without notice, to add to or modify the terms of this Agreement, by posting such amended terms herein.  Your access, link to, or use of GTA Services after the date such amended terms are posted, shall be deemed to constitute acceptance of such amended terms.

 

c.       Waiver and Severability.  No failure, delay in exercising or enforcing any right or remedy hereunder by GTA shall constitute a waiver of any other right or remedy, or future exercise thereof.  If any provision of this Agreement is determined to be invalid under any applicable statute or rule of law, it is to that extent deemed to be omitted, and the balance of the Agreement shall remain enforceable.

 

d.      Assignment.  This Agreement is not assignable or transferable by Subscriber, and any attempted assignment or transfer shall be null and void and of no force or effect, and may result in suspension or termination of access to all GTA Services, IDs, Passwords issued to Subscriber by GTA.  GTA may assign this Agreement and/or the payments due to GTA without notice to, or requirement for, Subscriber’s permission or approval.

 

e.       Survival.  The respective rights and obligations of the parties under Sections 3, 4(b), 7, 8, 9, and 10 shall survive any termination or expiration of this Agreement.