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Terms & Conditions
Terms & Conditions

 


Terms & Conditions
Last Modified 01-01-06
  • 550Access limits usage for Regular 56K Dialup plan to 150 hours per month and for High Speed Dialup plan to 300 hours per month. (Dialup Accounts are automatically deactivated on overage and automatically reactivated on billing date).
  • It is the userís responsibility to contact and resolve all billing issue with 550Access, before disputing any charges.
  • User will be charged for the whole month of service irrespective of the number of times User connects to the service during any billing cycle. No pro-rated refunds for partial months will be given to the User if the User cancels the service in the middle of the month.
  • The setup fee (if any) is not refundable.
  • All cancellations must be made before their respective billing date. It is the userís responsibility to cancel before the beginning of next billing period by logging into their online member section. Upon canceling they will receive a confirmation id. Cancellations are processed in real time, all services will be stopped when a cancellation is processed.
  • It is the user's responsibility to ensure that the access number they dial to for connecting to our service is local for their area code. We are not responsible for any long distance charges that the user may incur while connecting to any of our access number.


Important: 'Unlimited Access' means unlimited number of times a user can connect. It does not mean a user can stay on for 24 hours a day seven days a week. This account is intended for normal use only. 550Access uses automated software to monitor usage patterns, number of times user has been disconnected due to inactivity, number of times user reconnects and the number of hours the user has used. Based on this the software may determine that the usage is excessive and abnormal, which will then deactivate your account. By using this policy the company is able to limit busy signals and limit abuse.
  Points of Terms & Conditions:
  User responsibilities
 
  Over Usage and Toll Fees  
  Our Responsibilities  
  Indemnification of us
 
  Limitation of our liability  
  Disclaimer of warranties
 
  Termination & Refunds
 
  Governing Rules  
  Governing Law.
 
  Enforceability.
 
  No Waiver
 
  INTERNET OR INTRANET ACCESS OR OTHER NETWORK SERVICE
 
  Grant of License  
  Acceptable Use Policies
 
  Export Controls
 
  High Risk Activities
 
  Software Upgrades
 
  Limitation of Our Liability
 
  Disclaimer of Warranties
 
  Governing Rules
 


BY CLICKING ON THE "ACCEPT" BUTTON AND DOWNLOADING OR USING ANY OF OUR SERVICES (INCLUDING, WITHOUT LIMITATION, THE INTERNET ACCESS SERVICES, THE RELATED SOFTWARE AND ANY SERVICES PROVIDED ON ANY OF THE WEB SITES MANAGED OR OWNED BY US (COLLECTIVELY, THE "SERVICE OR SERVICES")), YOU AGREE TO BE BOUND BY THIS SERVICE TERMS AND CONDITIONS AGREEMENT, THE PRODUCT LICENSE AGREEMENT, THE PRIVACY POLICY AND ALL OTHER USER POLICIES AND AGREEMENTS THAT MAY BE IN EFFECT FROM TIME TO TIME AS POSTED AT 550Access.com (COLLECTIVELY REFERRED TO AS THE RULES"). IF YOU DO NOT AGREE TO BE BOUND BY THE RULES, YOU SHOULD CLICK ON THE "DECLINE" BUTTON AND DISCONTINUE YOUR USE OF THE SERVICES. YOUR ACCOUNT WILL NOT BE ACTIVATED OR YOUR SERVICES WILL BE TERMINATED, AS APPLICABLE. PLEASE READ OUR SERVICE TERMS AND CONDITIONS AGREEMENT ("TERMS AND CONDITIONS"), OUR PRODUCT LICENSE AGREEMENT ("LICENSE AGREEMENT") AND OUR PRIVACY POLICY ("PRIVACY POLICY") AND ANY OTHER RULES BEFORE REGISTERING FOR AN ACCOUNT WITH US. WE MAY TERMINATE YOUR SERVICES IF WE DETERMINE THAT YOU HAVE VIOLATED THE TERMS OF THIS AGREEMENT.


Modifications to the Terms and Conditions and other Rules Please note that we may change the Terms and Conditions or other Rules at any time without notice and such changes will be effective on the date that such modified Terms and Conditions is posted on our Website at www.550Access.com. Use of our Services after such changes have taken effect constitutes acceptance of all changes. Please also note that at any time, if we determine that you have abused or violated the letter or intent of any of these terms, conditions and guidelines, we reserve the right to suspend or terminate your account immediately without notice. We reserve the right to take or terminate the use of any user name or e-mail address at any time.


User responsibilities

Legal Age; Responsibility to Supervise Minors. You represent and warrant that you are at least 18 years old. If you are the parent or guardian of a minor, you may authorize the minor's use of the Services and you hereby agree to Exercise supervision over the minor's use of the Services and access to the Internet, Assume any and all liabilities resulting from the minor's use of the Services Assume all risk associated with the minor's viewing of content received through use of the Services and the minor's transmission of materials, content, or information to another person via the Internet, and Ensure
to the fullest extent possible the accuracy and truthfulness of all information submitted by the minor in response to our questionnaires, surveys and registration forms. We encourage parents to participate in their children's Internet experience. Provide Accurate Information. You agree to provide us with accurate and complete registration information and agree to keep that information updated at all times. We may wish to verify the accuracy of the information you submit (including without limitation, performing cross tabulations with external databases) and you hereby consent to our verification of such information.

Safeguard Your Account. You must register for the Services using your own name. By registering you will receive an account name and a password. It is solely your responsibility to keep your account information and password secure. You should not disclose your password to anyone except persons in your own household that you have authorized to use your account; you have assumed all resulting liability from use of the Services for such authorized person(s). You are entirely liable for all activities conducted though your account on the Services. You agree that the security of your account, including data stored, transmitted and received through it, is your responsibility. You further agree to notify us of any unauthorized use of your account or any other breach of security you know of or suspect. We do not guarantee the safety and security of any transmission(s). You are responsible for all charges related to your use of the Services and also for charges from your telephone service provider for providing access to the Services and for all calls made to our customer support lines, charges for purchases made through use of the Services and any surcharges incurred while using any supplemental services or features which apply a surcharge.

Provide Your Own Equipment. You are responsible for obtaining and maintaining, at your expense, all input/output devices or equipment (such as modems, terminal equipment, computer equipment and software) and communications services (including, without limitation, long distance or local telephone services) necessary to access the Services and for ensuring such equipment and services are compatible with our requirements. Responsibility for Your Transmissions. We provide an unfiltered connection to the Internet. No data, documents, materials, or information is routinely reviewed before being transmitted through the Services and we will have no liability related to the content of any such communications, whether or not arising under the laws of copyright, patent, trade secret, defamation, privacy, obscenity, or otherwise. You are solely responsible for all content including, but not limited to, photographs, illustrations, icons, articles, text, audio clips, and video clips (collectively, "Content") that you post, e-mail or otherwise transmit via these Services. We do not control Content accessed, viewed, posted, e-mailed or otherwise transmitted or received via these Services and, do not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Internet, you may be exposed to Content that is offensive, indecent or is a violation of some person or entity's proprietary rights. You are solely responsible for using reasonable efforts to screen unwanted material. Under no circumstances will we be liable for any Content accessed, viewed, posted, e-mailed or otherwise transmitted or received via these Services, regardless of where it originated. Disputes may arise between you and others or between you and us related to such Content. Such disputes could involve, among other things, the use or misuse of domain names; the infringement of copyrights, trademarks or other rights in intellectual property; defamation; fraud; the use or misuse of information; and problems with online auction or commerce transactions. You agree that all claims, disputes or wrongdoing which result from, or which are related in any way to, the content of information that you transmit, re-transmit or receive through our network or equipment are your sole and exclusive responsibility.

Long Connections and Multiple Logins. Using a personal account for high volume or commercial use is prohibited. The Services are intended for periodic, active use of e-mail, newsgroups, file transfers, Internet chat, games, and browsing the World Wide Web. Members may stay connected so long as they are actively using that connection for the above purposes. Members may not use the Services on a standby or inactive basis in order to maintain a connection. Accordingly, 550Access.com maintains the right to terminate any member's connection following any extended period of inactivity as determined by 550Access.com. A single account is intended for one individual to access the Internet. Multiple logins under the same user ID are not allowed.

Over Usage and Toll Fees

The customer is responsible for determining whether the use of a Company dial-up number will result in long-distance, toll or other charges. 550Access.com is not responsible for any long-distance, toll or other telecommunications charges incurred by the customer. Customers are responsible for monitoring their own online time and for paying for any applicable over usage fees. In any month where the customer's online usage exceeds 150 hours, at the present time the customers account will be deactivated. The premium dialup account is not a dedicated service. 550Access.com provides unlimited service as an on demand temporary solution. 550Access.com only allows one connection per username/password, customers who access an account with more then one connection will charged full account price for each connection, unless other arrangements have been made with 550Access.com.

Our Responsibilities

Internet Access. Subject to the Rules and Membership Service Plans of your choice, we will provide you with Internet access services. Our Services are granted in return for payment or fees, and are only a privilege provided to you. Disclose Certain Information Only With Consent. We will not disclose your name, address, telephone number, credit card number(s), e-mail addresses or other personal identifying information, unless you give us your consent to do so or except as may be required by law. Please refer to the Privacy Policy for our privacy policies and information practices. Prohibited uses Unlawful Use. As a user of the Services, you agree to use the Services only for lawful purposes. Transmission of or solicitation for reception of any material which violates any United States Federal law(s), any state law(s), any city legal code(s) or ordinance(s) or any of the laws governing the locality where you reside is prohibited. This includes, but is not limited to, material that is legally obscene, threatening, libelous or violates any provision of intellectual property law method material which would be illegal to distribute to any person of any age within the boundaries of the United States of America. Transmission of Copyrighted Material. Pursuant to 17 U.S.C. ß 512 as amended by Title II of the Digital Millennium Copyright Act, we will terminate the account of any subscriber who uses his or her account privileges to unlawfully transmit copyrighted material without a license, valid defense or fair use privilege to do so. After proper notification by the copyright holder or its agent to us and later confirmation through court order or an admission by the subscriber that an account has been an instrument of unlawful infringement, we will terminate the infringing subscriber's account. We may also in our sole discretion decide to terminate a subscriber's account privileges prior to that time if we have good faith belief that infringement has in fact occurred. In addition, pursuant to 17 U.S.C. ß 512(c), we have implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. We respect the intellectual property of others, and we ask our subscribers to do the same. If you believe that your copyright has been infringed through the use of one of our accounts, please contact us at help@550Access.com. Personal Use Only. The Services are for personal use of registered users only and may not be copied, resold, leased, transferred, exchanged or bartered. If you accessed the Services through a CD-ROM disc or diskette, you may give the disc or diskette to friends and family, but you may not sell it or copy it. Unacceptable Uses. You also agree not to use the Services to: harass others by "mail-bombing" or "news-bombing"; post materials to any newsgroups, mailing list, or similar forum that is off topic according to the charter or other public statements of the forum; forge any message header, in part or whole, of any electronic transmission, originating or passing through the Services; threaten, harass, defame, embarrass, or distress any other person or group; distribute computer viruses, worms, or any software intended to damage or alter a computer system without the owner's consent; use "auto-responders", ",",","cancel-bots", or other similar mechanisms which generate excessive network traffic, or disrupt newsgroups or e-mail. post or send any bulk unsolicited advertising; post or send any chain letters or pyramid schemes; post or send any fraudulent or misleading offers of products, items, or services; relay unsolicited advertising using our servers. Tampering with the system and/or network security Violations of system or network security of the Services are prohibited, and may subject you to criminal and/or civil liability. We will investigate potential security violations, and may notify applicable law enforcement agencies if violations are suspected. You may not attempt to circumvent the authentication procedures or security of any host, network, network component, or account to access data, accounts, or systems that you are not expressly permitted to access. You may not interfere or attempt to interfere with service to any other user, host, system, or network on the Internet unless expressly permitted to do so. You may not take any action to bypass or disable any portion of the Services or software including, without limitation, the blocking of cookies. You may not take any action to defeat or bypass our idle timeout or similar mechanism (including, without limitation, any method of mimicking user activity). Any violation of these provisions may lead to immediate termination of the Services without notice. Termination of the Services will not excuse you from any criminal or other civil liabilities that may result from your actions. We reserve the right to terminate your online session at any time.

Indemnification of us

You agree to defend, indemnify and hold us , and our subsidiaries, affiliates, service providers, sponsors, partners, officers, employees and agents harmless from and against any and all claims, demands, losses, damages liabilities and costs, including without limitation, attorney's fees and court costs, made by any third party due to or arising out of your use of your account on the Services, your breach of any of these Rules, any content you post,
e-mail, transmit, or relay to or through the Services, or your violation of any third party rights.

Limitation of our liability

IN NO EVENT WILL WE, OUR SUPPLIERS, SERVICE PROVIDERS, OR OTHER THIRD PARTIES AFFILIATED WITH US BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION OR ANY KIND OF LOS OF BUSINESS GOODWILL OR OPPORTUNITY) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SERVICES, ANY WEB SITES LINKED TO THE SERVICES, THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH SITES, OR THE CONTENT ANYWHERE ON THE INTERNET, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY, INCLUDING, BUT NOT LIMITED TO, THE AGGREGATE LIABILITY OF ANY OF OUR SUPPLIERS, SERVICE PROVIDERS, OR THIRD PARTY AFFILIATES, ARISING FROM OR RELATING TO THIS AGREEMENT (REGARDLESS OF THE FORM OF ACTION OR CLAIM, E.G. CONTRACT, WARRANTY, TORT, STRICT LIABILITY, NEGLIGENCE, MALPRACTICE, FRAUD OR ANY OTHER LEGAL THEORY) IS LIMITED TO ONE HUNDRED DOLLARS ($100). NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THESE RULES OR OUT OF THE SERVICES MAY BE BROUGHT EITHER BY YOU OR US MORE THAN ONE (1) YEAR AFTER THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION HAS OCCURRED.

Some jurisdictions do not allow a limitation on liability for negligence that causes death or personal injury and, in such jurisdictions; our liability shall be enforceable to the greatest extent permitted by law.

Disclaimer of warranties

THE SERVICES ARE PROVIDED BY US ON AN "AS IS" BASIS. THERE MAY BE TIMES WHEN YOUR CONNECTION TO A PARTICULAR SITE IS REFUSED OR THE RESPONSE TIME IS SLOW. NEITHER WE NOR OUR PARTNERS, PROVIDERS, OR AFFILIATES MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITHOUT LIMITATION, AS TO THE OPERATION OF THE SERVICES, ITS CONTENTS, OR ANY INFORMATION MADE AVAILABLE BY OR THROUGH THE SERVICES. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FURTHERMORE, WE DO NOT WARRANT THAT USE OF THE SERVICES WILL BE UNINTERRUPTED, AVAILABLE AT ANY TIME OR FROM ANY LOCATION, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Termination

You may terminate your account at any time. This is your sole and exclusive remedy with respect to any dissatisfaction with the Services, the Rules or any other policies and practices that we may adopt or modify. We reserve the right to terminate membership services and Internet access for non-payment of fees as scheduled. We reserve the right to restrict access to the Services, and may, at our sole discretion with or without notice and with or without immediate cause immediately deny access to the Services and may remove all account information, personal web pages, e-mail boxes and its content, and any other content. Governing Rules No Other Agreements. These Rules, as may be modified, together constitute the sole agreement between us and you respecting the subject matter hereof and fully supersede any and all other agreements, either oral or in writing. You acknowledge and agree that you have read the Rules and understand and accept their terms.

Refunds

It is the userís responsibility to contact and resolve all billing issue with 550Access, before disputing any charges.
The setup fee (if any) is not refundable.

If you paid by a credit card and request a refund to be credited to the same credit card, a transaction processing fee of 50¢ will be charged, which is deducted from the amount credited back to your card.

Note: No refund will issued for any cancellations irrespective of the usage on the account. It is the userís responsibility to cancel before the beginning of next billing period by logging into their online member section. Upon canceling they will receive a confirmation id. Cancellations are processed in real time, all services will be stopped when a cancellation is processed.

Governing Rules

No Other Agreements. These Rules, as may be modified, together constitute the sole agreement between us and you respecting the subject matter hereof and fully supersede any and all other agreements, either oral or in writing. You acknowledge and agree that you have read the Rules and understand and accept their terms.

Governing Law.

These Rules will be governed by and construed in accordance with the laws of the state of Delaware. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. The exclusive personal jurisdiction of and venue for all disputes arising out of these Rules shall be the state and federal courts located in Delaware and you consent to such jurisdiction and waive all objections to such jurisdiction and venue.

Enforceability.

If any provision of these Rules is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to comply with applicable laws, and the remainder of the Rules shall remain in full force and effect.


No Waiver

Any failure by us to enforce any provision of these Rules shall not constitute a waiver of any rights under such provision or any other provision under these Rules. Contact Information You may contact us at the following address: 550Access.com, Inc., 6776 Southwest Freeway, Suite 602, Houston, Texas 77074 or you may send e-mail to help@550Access.com.



PRODUCT LICENSE AGREEMENT THIS PRODUCT LICENSE AGREEMENT ("LICENSE AGREEMENT") GOVERNS YOUR USE OF THE SOFTWARE YOU RECEIVE FROM US IN CONNECTION WITH THE INTERNET ACCESS SERVICES ("SERVICES") PROVIDED BY US. BY INSTALLING THE SOFTWARE YOU CONSENT TO BE BOUND BY AND BECOME A PARTY TO THIS LICENSE AGREEMENT. THE SOFTWARE AND DOCUMENTATION ARE PROVIDED FOR USE ONLY (I) WITH THE SERVICES OFFERED BY US OR ONE OF OUR AFFILIATES, IN CONJUNCTION WITH THE DISTRIBUTION OF THE SOFTWARE AND DOCUMENTATION, AND (II) IN ACCORDANCE WITH OUR SERVICE TERMS AND CONDITIONS AGREEMENT, THIS LICENSE AGREEMENT, OUR PRIVACY POLICY AND ALL OTHER USER POLICIES AND AGREEMENTS THAT MAY BE IN EFFECT FROM TIME TO TIME AS POSTED ON OUR PORTAL PAGE (COLLECTIVELY REFERRED TO AS THE "RULES"). NO RIGHT OR LICENSE IS GRANTED TO USE THE SOFTWARE OR DOCUMENTATION WITH ANOTHER

INTERNET OR INTRANET ACCESS OR OTHER NETWORK SERVICE.

We may terminate the license granted under this License Agreement if we determine that you have failed to (i) comply with any of the terms of this License Agreement or (ii) implement the software (including documentation and any enhancements, modifications and revisions to the software) we provide to you (collectively, "Software") and associated messages such that the Software operates with our server computers and its associated components. If at any time after activation of your account, you do not agree to be bound by this License Agreement, you should immediately end your use of Services and the Software and return or destroy all copies of the Software, including third party software distributed by us. We may change, at any time, the terms and conditions of the Services Terms and Conditions Agreement, the License Agreement, the Privacy Policy or any other Rules. Such changes will be posted on our portal page. You agree to review changes to these Rules and if any change is not acceptable to you, you agree to terminate use of the Services and the Site. Your continued use of the Software, Services or Site after any such change constitutes acceptance of all the changes.

Grant of License

This is a License Agreement between you and us permitting your use of the Software, subject to all of the terms of this License Agreement and in conjunction with the Rules.

Permitted Uses

You may (i) use the software on any single computer or on a second computer so long as only one copy is used at a time, (ii) use the Software on a network, provided that each person permitted to access the Software through the network has obtained a license for the Software, and (iii) make one copy of the Software for archival purposes, provided the copy must contain all of the original Software proprietary notices.

ACCEPTABLE USE POLICY

This Acceptable Use Policy document, including the following list of Prohibited Activities, is an integral part of your Hosting Agreement with VIP PowerNet Inc.. If you engage in any of the activities prohibited by this AUP document VIP PowerNet Inc. may suspend or terminate your account.
VIP PowerNet Inc.'s Acceptable Use Policy (the "Policy") for VIP PowerNet Inc. Services is designed to help protect VIP PowerNet Inc., VIP PowerNet Inc.'s customers and the Internet community in general from irresponsible or, in some cases, illegal activities. The Policy is a non-exclusive list of the actions prohibited by VIP PowerNet Inc..

Prohibited Uses of VIP PowerNet Inc. Systems and Services:
1. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.
2. Sending Unsolicited Bulk Email ("UBE", "spam"). The sending of any form of Unsolicited Bulk Email through VIP PowerNet Inc.'s servers is prohibited. Likewise, the sending of UBE from another service provider advertizing a web site, email address or utilizing any resource hosted on VIP PowerNet Inc.'s servers, is prohibited. VIP PowerNet Inc. accounts or services may not be used to solicit customers from, or collect replies to, messages sent from another Internet Service Provider where those messages violate this Policy or that of the other provider.
3. Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by VIP PowerNet Inc. customers must be Closed-loop ("Confirmed Opt-in"). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing lists of email addresses from 3rd parties for mailing to from any VIP PowerNet Inc.-hosted domain, or referencing any VIP PowerNet Inc. account, is prohibited.
4. Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to send Unsolicited Bulk Email, initiation of pinging, flooding, mail-bombing, denial of service attacks.
5. Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org.
6. Unauthorized attempts by a user to gain access to any account or computer resource not belonging to that user (e.g., "cracking").
7. Obtaining or attempting to obtain service by any means or device with intent to avoid payment.
8. Unauthorized access, alteration, destruction, or any attempt thereof, of any information of any VIP PowerNet Inc. customers or end-users by any means or device.
9. Knowingly engage in any activities designed to harass, or that will cause a denial-of-service (e.g., synchronized number sequence attacks) to any other user whether on the VIP PowerNet Inc. network or on another provider's network.
10. Using VIP PowerNet Inc.'s Services to interfere with the use of the VIP PowerNet Inc. network by other customers or authorized users.

Customer Responsibility for Customer's Users

Each VIP PowerNet Inc. customer is responsible for the activities of its users and, by accepting service from VIP PowerNet Inc., is agreeing to ensure that its customers/representatives or end-users abide by this Policy. Complaints about customers/representatives or end-users of an VIP PowerNet Inc. customer will be forwarded to the VIP PowerNet Inc. customer's postmaster for action. If violations of the VIP PowerNet Inc. Acceptable Use Policy occur, VIP PowerNet Inc. reserves the right to terminate services with or take action to stop the offending customer from violating VIP PowerNet Inc.'s AUP as VIP PowerNet Inc. deems appropriate, without notice.

REVISIONS TO THIS ACCEPTABLE USE POLICY

VIP reserves the right to revise, amend, or modify this AUP, our Internet Service Agreement and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with the Internet Service Agreement.

Title

Title, ownership rights, and intellectual property rights in the Software shall remain with us and our suppliers. The Software (including the images, photographs, animation, video, voices, music and text) is protected by copyright and other intellectual property laws and by international treaties. Title and related rights in the content accessed through the Software is the property of the applicable content owner and is protected by applicable law. The license granted under this License Agreement gives you no rights to such content.

Export Controls

None of the Software or underlying information or technology may be downloaded or otherwise exported or re-exported (i) into (or to a national resident of) Cuba, Iraq, Libya, Sudan, North Korea, Iran, Syria or any other country to which the U.S. has embargoed exports of goods, or (ii) to anyone on the US Treasury Department's list of Specially Designated Nationals or the US Commerce Department's Table of Denial Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. If the Software is identified as a not-for-export product (for example, on any product packaging or media or in a message displayed during the installation process), then, unless you have an exemption from the United States Department of State, the following applies:


EXCEPT FOR EXPORT TO CANADA FOR USE IN CANADA BY CANADIAN CITIZENS, THE SOFTWARE AND ANY UNDERLYING TECHNOLOGY MAY NOT BE EXPORTED OUTSIDE THE UNITED STATES OR TO ANY FOREIGN ENTITY OR "FOREIGN PERSON" AS DEFINED BY US GOVERNMENT REGULATIONS, INCLUDING WITHOUT LIMITATION, ANYONE WHO IS NOT A CITIZEN, NATIONAL OR LAWFUL PERMANENT RESIDENT OF THE UNITED STATES. BY DOWNLOADING OR USING THE SOFTWARE, YOU AGREE TO THE FOREGOING AND YOU REPRESENT AND WARRANT THAT YOU ARE NOT A "FOREIGN PERSON" OR UNDER THE CONTROL OF A "FOREIGN PERSON."

High Risk Activities

The Software is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communications systems, air traffic control, direct life support machines or weapons systems, in which failure of the Software would lead directly to death, personal injury or severe physical or environmental damage ("High Risk Activities"). Accordingly, we, and our suppliers, specifically disclaim any express or implied warranty of fitness for High Risk Activities.

Software Upgrades

We may, at any time in our sole discretion, gratuitously upgrade the Software. However, nothing in this License Agreement grants you any right to receive any enhancement, upgrade or update. You may not use a previous version or copy of the Software after you have received an upgraded version. Unless specifically indicated otherwise, the terms of this License Agreement shall continue to apply to any enhanced, upgraded or updated version of the Software.

Limitation of Our Liability

IN NO EVENT WILL WE BE LIABLE UNDER ANY SECTION OF THIS LICENSE AGREEMENT (REGARDLESS OF THE FORM OF THE ACTION OR CLAIM, E.G. CONTRACT, WARRANTY, TORT, STRICT LIABILITY, NEGLIGENCE, MALPRACTICE, FRAUD OR ANY OTHER LEGAL THEORY) FOR ANY DAMAGES WHATSOEVER INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION OR ANY KIND OF LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS. WE SHALL NOT BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY AND OUR AGGREGATE LIABILITY RELATING TO THIS LICENSE AGREEMENT IS LIMITED TO ONE HUNDRED DOLLARS ($100). NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THIS LICENSE AGREEMENT MAY BE BROUGHT BY EITHER YOU OR US MORE THAN ONE (1) YEAR AFTER THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION HAS OCCURRED.

Disclaimer of Warranties

THE SOFTWARE IS PROVIDED BY US ON AN "AS IS" BASIS. WE MAKE NO REPRESENTATIONS OR ARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITHOUT LIMITATION, WITH RESPECT TO THE QUALITY, PERFORMANCE OR FUNCTIONALITY OF THE SOFTWARE OR THE SERVICES OR WITH RESPECT TO THE QUALITY OR ACCURACY OF ANY INFORMATION OBTAINED FROM OR AVAILABLE THROUGH USE OF THE SOFTWARE OR THE SERVICES OR THAT USE OF THE SOFTWARE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING WHETHER THE SOFTWARE IS YEAR 2000 COMPLIANT.

Governing Rules

These Rules, as may be modified, together constitute the sole agreement between us and you respecting the subject matter hereof and fully supersede any and all other agreements, either oral or in writing. You acknowledge and agree that you have read the Rules and understand and accept their terms. You may not assign this License Agreement to anyone. This License Agreement will be governed by and construed in accordance with the laws of the state of Delaware. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. The exclusive personal jurisdiction of and venue for all disputes arising out of these Rules shall be the state and federal courts located in Delaware and you consent to such jurisdiction and waive all objections to such jurisdiction and venue. If any provision of this License Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to comply with applicable laws, and the remainder of the License Agreement shall remain in full force and effect. Any failure by us to enforce any provision of this License Agreement shall not constitute a waiver of any rights under such provision or any other provision under the License Agreement. You may contact us by e-mail at help@550Access.com.

 

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