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,
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
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 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
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.
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
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
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
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.
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
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
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.
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.
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.