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.
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
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
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.
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
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.
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
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.
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.
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.
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.
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.
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.
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
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
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
INTERNET OR INTRANET ACCESS OR OTHER NETWORK
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
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
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, 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.
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
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
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
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.
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.
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