Terms Of Service

Acceptable Use Policy

General

Use of Accesspoint for illegal activities of any kind, including unauthorized use (or attempted unauthorized use) of Accesspoint's network, machines or other networks or machines on the Internet, forging header information or user identification information, and software piracy is prohibited.

Dial-Up Services

Members must be at least 18 years old. Local access dial-up numbers may not be available in all areas. You are solely responsible for determining if use of a particular dial-up number will cause you to incur long-distance, toll, or other charges. Accesspoint is not responsible for any long-distance, toll or other telecommunications charges you incur. Toll-free (800 #), international, and simultaneous login access costs are extra. Current prices for Accesspoint's Services are posted throughout our website at http://www.Accesspoint.com. These rates may also be obtained by calling (310) 677-5461. Accesspoint reserves the right to change prices and institute new fees at any time upon 30 days prior notice.

Usenet Newsgroups

Accesspoint places no content restrictions on newsgroups except that (a) no illegal content is permitted and (b) each newsgroup sets its own policies about what are appropriate topics for discussion.

Posting 6 or more copies of the same article ("spamming") or continued posting of off-topic articles is prohibited. Commercial advertisements are off-topic in virtually all Usenet newsgroups (exceptions include the biz.* hierarchy).

Accesspoint will cancel articles, which are "spam" originating from Accesspoint, and the originator may be charged for the cost of cleanup and responding to complaints.

Posting articles with forged header information (e.g., a falsified "From:" field) is prohibited. Use of anonymous remailers is acceptable use, so long as the use is not otherwise illegal.

The following violations of "netiquette" are grounds for immediate suspension of service pending investigation by ACCESSPOINT and will result in termination of the Users account(s)should the investigation determine User to have originated or transmitted these types of traffic.

  • (a) Posting a single article or substantially similar articles to an excessive number of newsgroups (i.e., 6 or more) or continued posting of articles which are off-topic (e.g., off-topic according to the newsgroup charter or the article provokes complaints from the regular readers of the newsgroup for being off-topic).
  • (b) Sending unsolicited mass emailings (i.e., to more than 25 users) which provoke complaints from the recipients.
  • (c) Engaging in either (a) or (b) from a provider other than ACCESSPOINT and using an account on ACCESSPOINT as a mail drop for responses.
  • (d) Continued harassment of other individuals on the Internet after being asked to stop by those individuals and/or by ACCESSPOINT.
  • (e) Impersonating another user or otherwise falsifying one's user name in email, Usenet postings, on IRC, or with any other Internet service. (This does not preclude the use of nicknames in IRC or the use of anonymous remailer services.)
  • (f) Use of IRC "bots" on ACCESSPOINT, whether on our IRC server or any other. Such software may not be stored on ACCESSPOINT.

Bulk or Mass E-mail

Accesspoint prohibits the transmissions of unsolicited bulk commercial e-mail ("spam"). This includes not only the transmission of spam over Accesspoint's networks, but the mail relay of spam through Accesspoint's networks. Accesspoint also prohibits the advertising via spam of any web site hosted on its networks, whether the "spam" is transmitted over Accesspoint's networks or any other network using Accesspoint mail servers or any other mail server. Sending mass e-mail to previous customers or to prospective customers who have explicitly requested information is allowed.

Sending harassing or mass unsolicited e-mail is prohibited. Forging header information in e-mail is prohibited. Use of programs designed for the distribution of bulk e-mail or storage of such programs on Accesspoint's servers is prohibited.

Internet Relay Chat

Use of IRC bots or storing them on Accesspoint's servers is prohibited. Impersonating other users by forging one's email address is prohibited.

Flooding, cloning, spoofing, harassment, or otherwise hindering the ability of others to properly use IRC is prohibited.

World Wide Web

Use of web pages must comply with all applicable account features and/or limitations for storage, file transfer allowances, FTP access, advertising purposes and any State, Federal or Local laws which may apply or take precedence over online publishing requirements. Reselling web space is not permitted unless user has applied for and completed an Accesspoint VAR agreement and both parties have executed said document. Accesspoint Corporation strongly advises that the collection of credit card numbers only be done using a SSL connection. For more information, see the Accesspoint Commerce Services page.

All content should have warning and disclaimer pages, including password protection, and must comply and offer access in a manner consistent with any and all Local, State or Federal Laws. Files containing adult-oriented material must also comply and offer access in a manner consistent with any and all Local, State or Federal Laws. In addition all content and files must also adhere to the rules and regulations of any server where the website pages or files may reside.

Use of text or images created by others without their permission is copyright infringement and is prohibited.

Standard user free five (5) meg Web Sites (with dial-up accounts) may not exceed the allotted one hundred fifty (150) megabyte file transfer allowance during any billing period. All accounts that reach this monthly allotment prior to the end of any billing period will temporally lose access to the site for the remainder of the accounts billing cycle. Only users own web site access and not general access to the remainder of the Accesspoint network will be affected. Traffic allowances are applied on a monthly basis and do not accrue. Any unused portions cannot be transferred to the next billing cycle or to the allowance of any other user or site on the Accesspoint network. Accesspoint does not offer or sell any additional web site traffic allowances for standard accounts.

FTP Sites

Reselling FTP space is prohibited unless user has applied for and completed an Accesspoint VAR agreement and said document has been executed by both parties.

Files containing pornography or nude images may not be stored on Accesspoint's servers due to network resource considerations.

Using Accesspoint's FTP server for the exchange of pirated software or software designed to facilitate copyright infringement, unauthorized use of computer systems, credit card fraud, or other illegal activity is prohibited.

Storage/Transferring of Files

Storing, transferring, or allowing to be transferred (this includes FTP and the Web) any internal Accesspoint file that is not located in the user's own directory structure and owned by the user is prohibited. This includes, but is not limited to, sending via ftp, allowing outside access to, mailing, or otherwise giving access to any file that is not owned by the user.

Hacking/Cracking software, utilities, or files

Any program, utility, or file that can be used to allow unauthorized access or gain unauthorized information about a computer, network, or file is prohibited. Storage of these archived programs, software, utilities, or files in an archived format and only for personal use or download is acceptable. Removing such files from their archived or compressed state, attempts to run and/or attempting to compile or use such software is prohibited.

Acceptable Use Policy Version 1.1,
Accesspoint Corporation 1999




End - User License Agreement for Accesspoint Software

IMPORTANT READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Accesspoint Corporation ("Accesspoint") for use of the Accesspoint software product identified below on Accesspoint's network of shared server computers connected to the World-Wide-Web ("Web"), which includes "on-line" or electronic computer software and documentation and may include computer software and associated media and printed materials ("SOFTWARE PRODUCT" or "SOFTWARE"). By accessing or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, you are not authorized to use the SOFTWARE PRODUCT.

SOFTWARE PRODUCT LICENSE

The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.

You acknowledge that you are required to obtain and provide your own:

  • Computer and Operating System
  • Internet Connection
  • Telephone Line (if required for Internet connection)

1. GRANT OF LICENSE. This EULA grants you the following rights:

  • Term. This license shall be continuous, subject to the terms of this EULA.
  • Access and Use. The SOFTWARE PRODUCT is intended to be used on-line in conjunction with a hosting service. You will be provided with a single account per license. You may access your single account and the SOFTWARE PRODUCT on multiple computers. You must use the SOFTWARE PRODUCT in compliance with the acceptable use policy published on-line by Accesspoint and with the acceptable use policy of any other applicable network.
  • Backup copies. You may make copies of the images, text and your user-content in SOFTWARE PRODUCT for backup and archival purposes. You are encouraged to make regular backups of your user-content and Web pages.

2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.

  • Web-Based Software. The SOFTWARE PRODUCT represents a new generation of software which is entirely Web-based. The SOFTWARE PRODUCT is resident on Accesspoint's server computers. The SOFTWARE PRODUCT is accessed wholly through your own Web browsing software over the Internet. Accesspoint will provide you with an account number by e-mail to use to access the SOFTWARE PRODUCT on the Web.
  • Upgrades. Accesspoint will provide normal and customary competitive on-line upgrades to the SOFTWARE PRODUCT without additional charge. Accesspoint is under no obligation to make any specific enhancements to or customization of the SOFTWARE PRODUCT. Accesspoint reserves the right to charge additional amounts for specific enhancements or custom features.
  • Connection. The SOFTWARE PRODUCT is accessed over the Internet but does not include your particular connection to the Internet. You are responsible for obtaining your own Internet service and connection to the Internet.
  • Computer and Web Browser. You will need a computer and operating system capable of running Web browsing software to access the SOFTWARE PRODUCT. The SOFTWARE PRODUCT does not include a computer, an operating system, or Web browsing software. Accesspoint may, but will not be obligated to, make Web browsing software available through its Web based software library. You may have to update your Web browsing software from time to time in order to obtain the maximum benefit of and access to the SOFTWARE PRODUCT. It is your own responsibility to obtain, install, configure and update your Web browsing software.
  • Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
  • Copyright Notices. You must maintain all copyright notices on all copies of the SOFTWARE PRODUCT.
  • No Distribution. You may not distribute copies of the SOFTWARE PRODUCT to third parties.
  • Rental. Except as provided in the following "Software Transfer" section, you may not rent, lease or lend the SOFTWARE PRODUCT.
  • Software Transfer. You may not transfer your rights under this EULA unless Accesspoint agrees in advance in writing and the recipient agrees to the terms of this EULA.
  • Termination. Accesspoint may terminate this EULA only if you fail to comply with the terms.

3. COPYRIGHT. All title and copyrights in and to the SOFTWARE PRODUCT and any copies thereof are owned by Accesspoint or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE PRODUCT is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content.

4. HOSTING SERVICES. This EULA may be made in conjunction with and End-User Hosting Service Agreement. You must comply with the terms of the End-User Hosting Agreement. Accesspoint reserves the right to discontinue hosting services at any time pursuant to the terms of the End-User Hosting Service Agreement.

5. U.S. GOVERNMENT RESTRICTED RIGHTS. The SOFTWARE PRODUCT and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Accesspoint Corporation / 300 South Harbor Boulevard, Suite 700, Anaheim CA 92805.

6. EXPORT RESTRICTIONS. The SOFTWARE PRODUCT is intended for access only in the United States. Export of the SOFTWARE PRODUCT from the United States is regulated under "EI controls" of the Export Administration Regulations (EAR, 15 CFR 730-744) of the U.S. Commerce Department, Bureau of Export Administration (BXA). A license is required to export the SOFTWARE PRODUCT outside the United States. You agree that you will not directly or indirectly, export or re-export the SOFTWARE PRODUCT (or portions thereof) to any country or to any person, entity or end user subject to U.S. export restrictions without first obtaining a Commerce Department export license. You warrant and represent that neither the BXA nor any other U.S. federal agency has suspended, revoked or denied your export privileges.

7. NOTE ON JAVA SUPPORT. THE SOFTWARE PRODUCT MAY CONTAIN SUPPORT FOR PROGRAMS WRITTEN IN JAVA. JAVA TECHNOLOGY 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 COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT MACHINES, OR WEAPONS SYSTEMS, IN WHICH THE FAILURE OF JAVA TECHNOLOGY COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.

8. WARRANTIES. Accesspoint expressly disclaims any warranty for the SOFTWARE PRODUCT. The SOFTWARE PRODUCT and any related documentation is provided "as is" without any warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or noninfringement. The entire risk arising out of use or performance of the SOFTWARE PRODUCT remains with you.

9. NO LIABILITY FOR DAMAGES. In no event shall Accesspoint or its suppliers be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use this Accesspoint product, even if Accesspoint has been advised of the possibility of such damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

10. MISCELLANEOUS. This EULA is governed by the laws of the State of California. Should you have any questions concerning this EULA, or if you desire to contact Accesspoint for any reason, please contact the Accesspoint Customer Information Department / 300 South Harbor Boulevard, Suite 700, Anaheim CA 92805.

I HAVE BEEN ADVISED AND I ACKNOWLEDGE THAT I NEED A COMPUTER AND OPERATING SYSTEM CAPABLE OF RUNNING WEB BROWSING SOFTWARE TO ACCESS THE HOSTING SERVICE AND THE SOFTWARE PRODUCT. I ACKNOWLEDGE THAT I MAY HAVE TO UPGRADE MY WEB BROWSING SOFTWARE FROM TIME TO TIME IN ORDER TO RECEIVE THE MAXIMUM BENEFIT OF AND ACCESS TO THE SOFTWARE PRODUCT. I FURTHER ACKNOWLEDGE THAT IT IS MY OWN RESPONSIBILITY TO OBTAIN, INSTALL, CONFIGURE AND UPGRADE MY WEB BROWSING SOFTWARE.

End-User License Agreement for Accesspoint Corporation Version 3.0,
Accesspoint Corporation 1999



End -User Hosting Agreement

IMPORTANT READ CAREFULLY:

This End-User Hosting Agreement ("EUHA") is a legal agreement between you (either an individual or a single entity) and Accesspoint Corporation ("Accesspoint") for hosting services ("HOSTING SERVICE") on Accesspoint's network of shared server computers connected to the Internet and the World-Wide-Web ("Web"). The HOSTING SERVICE may be provided in conjunction with an Accesspoint software product, which may include "on-line" or electronic computer software or documentation ("SOFTWARE PRODUCT" or "SOFTWARE"). By accessing or otherwise using the HOSTING SERVICE you agree to be bound by the terms of this EUHA. If you do not agree to the terms of this EUHA, you are not authorized to use the HOSTING SERVICE.

HOSTING SERVICE

You acknowledge that you are required to obtain and provide your own:

  • Computer and Operating System
  • Internet Connection
  • Telephone Line (if required for Internet connection)

1. HOSTING SERVICE.

  • Nature of Hosting Service. The HOSTING SERVICE allows you to store your own Web pages and user content files on Accesspoint's network of server computers making your Web pages available for viewing, browsing and use on the Web. The HOSTING SERVICE is provided over the Internet but does not include your particular connection to the Internet. You are responsible for obtaining your own Internet service and connection to the Internet. The HOSTING SERVICE does not include specific Web page design, construction, content creation, or other similar services.
  • Term. The HOSTING SERVICE shall be continuous, subject to the terms of this EUHA.
  • Delivery of Services. Accesspoint shall use its best reasonable commercial efforts to provide and maintain the HOSTING SERVICE available for use 24 hour per day and 7 day per week. However, you acknowledge that the hosting services is a computer network based service which may be subject to outages and occurrences on networks not controlled by Accesspoint and other factors not controlled by Accesspoint. Accesspoint cannot and does not guarantee that the operation or delivery of the HOSTING SERVICE will be uninterrupted or error-free.
  • Access and Use. You must use the HOSTING SERVICE and SOFTWARE PRODUCT in compliance with all applicable laws including, but not limited to, Local, State or Federal Laws and the acceptable use policy published on-line by Accesspoint. You also agree to comply with the acceptable use policy of any network that is included in or connected to Accesspoint's network of shared server computers.
  • Changes to Service. Accesspoint may change or modify, upon 30 days notice published online on the Internet, the HOSTING SERVICE, including, but not limited to, access procedures, hours of operation, menu structures, commands, documentation, vendors, and services offered.
  • Password Security. Accesspoint will provide standard password security for use with the HOSTING SERVICE. Password security is not entirely secure and may be compromised by attack by others over the Internet. You acknowledge that Accesspoint is not responsible for safeguarding your files and content materials from attack over the Internet. You are responsible for safeguarding your password(s). While Accesspoint will suspend or change access to your account(s) immediately upon notification by of password loss or compromise, you are and will remain responsible for all charges and use of your account(s).
  • Computer and Web Browser. You will need a computer and operating system at a minimum capable of running Web browsing software to access the HOSTING SERVICE. Accesspoint will not provide a computer or an operating system. Accesspoint may, but will not be obligated to, make web browsing software available through its Web based software library.

2. PAYMENT

  • Charges. Accesspoint will provide the HOSTING SERVICE at the rates and prices and on the terms stated on any applicable Service Order Form. Notwithstanding the foregoing, Accesspoint reserves the right to change any of its fees for the HOSTING SERVICE at any time after twelve (12) months from the date of commencement of the HOSTING SERVICE.
  • Responsibility for Payment. Your are responsible for payment of all fees and charges for the HOSTING SERVICE and the use of your account(s) according to the rates and prices stated on any applicable Service Order Form, including account process, activation and sign up fees, if any. Early cancellation of the HOSTING SERVICE may result in the loss of all or a portion of any deposit or service moneys paid for any service that may have been rendered for you by Accesspoint.
  • Payment Authorization. You authorize Accesspoint and its agents and representatives to automatically transfer payment for all charges and fees for the HOSTING SERVICE from your bank account. Accesspoint and its agents and representatives may make such transfer at any time, and from time to time, without notice. You agree to provide Accesspoint and its agents and representatives with such bank account information as may be required to automatically transfer payment. You agree to update and keep the bank account information you give to Accesspoint and its agents and representatives current at all times. The foregoing transfer is provided as a courtesy to you. You are still responsible for payment of all fees and charges for the HOSTING SERVICE.
  • Anniversary Date. The date on which your HOSTING SERVICE is established will become your monthly anniversary date. HOSTING SERVICE fees are due in advance of the month in which HOSTING SERVICE is provided. HOSTING SERVICE fees will not be prorated. Accesspoint may transfer payment at any time in advance during the month preceding the month in which HOSTING SERVICE is provided. HOSTING SERVICE fees due on a weekend or holiday may be transferred from your bank account before the weekend or holiday.
  • Taxes. You are responsible for the payment of all taxes and tariffs associated with the HOSTING SERVICE which may be in addition to the rates and prices set forth an any applicable Service Order Form.
  • Cancellation. You may cancel the HOSTING SERVICE at any time, unless otherwise stated on any applicable Service Order Form. Accesspoint must receive your written notice of cancellation prior to the monthly anniversary date. You must send your written cancellation notice by either U.S. mail or fax. Any cancellation notice received by Accesspoint after the monthly anniversary date will be effective the following month. CANCELLATION WILL NOT RELIEVE YOU FROM ANY OBLIGATIONS YOU HAVE UNDER ANY SOFTWARE LEASE. Payments more than 15 days late may be assessed a minimum of $10.00 for late payment charge. Early termination of extended term agreements may subject you to additional penalties.
  • Payment Independent of Use. All fees and charges for the HOSTING SERVICE must be paid on a timely basis in order to maintain the HOSTING SERVICE. Fees and charges will continue under this EUHA regardless of your actual use of the HOSTING SERVICE, unless and until you notify Accesspoint as set forth in this EUHA that you wish to cancel the HOSTING SERVICE.

3. HOSTING CONTENT

  • Content. You may not maintain adult content Web Pages due to network resource considerations. You may not maintain illegal Web pages. Accesspoint will not be deemed a publisher of your content. You are responsible for providing and safeguarding your own Web pages and user-content. Accesspoint is not responsible for your files or content material residing on Accesspoint's storage devices or its network of shared server computers. You specifically acknowledge that Accesspoint is not responsible for safeguarding your files or content materials from attack over the Internet.
  • Deletion. Accesspoint may delete or otherwise destroy any of your files or content material upon termination of this EUHA. Accesspoint will not be responsible for the cost of creation or replacement of any such files or content materials. Accesspoint will not be responsible for any other damages related thereto.
  • Backup. You will be responsible for making your own backups of your images, text and other user-content. You are encouraged to make regular backups.
  • Privacy. Except as otherwise described in this EUHA, Accesspoint will not disclose to an unaffiliated third party: (i) the files or materials residing on Accesspoint's storage devices or its network of shared server computers which are not otherwise viewable from the Web; or (ii) your name, address, phone number, credit card, debit card, banking information, electronic funds transfer information, e-mail or alias e-mail address, or other specific personal identifying information, unless you provide express written permission in advance. Accesspoint may disclose any or all of the foregoing if requested by any governmental or law enforcement agency, or directed to do so by a search warrant or court order. Accesspoint maintains a policy of cooperating with governmental and law enforcement agencies. In the event that any governmental or law enforcement agencies make an allegation that you are engaged in unlawful activities through use of the HOSTING SERVICE or the SOFTWARE PRODUCT, Accesspoint reserves the right, in its sole discretion, to take any action it deems necessary or appropriate under the circumstances. You hereby consent to the release of any of the above information without notice should Accesspoint deem it necessary and appropriate under the circumstances.


4. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.

Storage Space. Accesspoint provides base amounts of content and data storage for the specific product(s) you have licensed for use in conjunction with the HOSTING SERVICE. The base amounts are applicable as a limit and not as an aggregate average of your monthly service(s). No physical restrictions will be placed on your account and you may add to your storage requirements without the need to advise Accesspoint for amounts up to 100 mega bytes. All use of any amounts in excess of your base amounts will be charged to your account on a monthly basis. The base storage amount(s) are listed below and Accesspoint reserves the right to change these amounts subject to the terms herein.

Product Base Storage

Merchant Manager Enterprise 30MB
Transaction Manager 15MB
Merchant Manager 15MB
Merchant Manager Express 3MB

Additional Storage. You may purchase additional storage for use in conjunction with your licensed product and HOSTING SERVICE. The charges for additional storage space are listed below. Should you exceed your base storage limits at any point during the billing period, Accesspoint will charge your account for the overage based on the fee structure below. You will be responsible for payment for the use of additional storage space and Accesspoint is under no obligation to notify you of such excess usage prior to applying such charge to your account.

Additional Storage Amounts Monthly Charge

Allowed to 50MB $10.00
51MB to 100MB $25.00
Each additional 100MB or portion thereof $25.00

Bandwidth and Network Resource Usage. You may not maintain adult content Web pages due to network resource considerations. Graphically or data intensive content may also be limited due to network resource considerations. Accesspoint restricts the base amounts of available network bandwidth traffic provided for the specific product(s) you have licensed for use in conjunction with the HOSTING SERVICE. No physical restrictions will be placed on your account and you may add to your network bandwidth requirements without the need to advise Accesspoint up to 100% of your applicable monthly limit. All use of any amounts in excess of your base amounts will be charged to your account on a monthly basis. The base bandwidth amount(s) are listed below and Accesspoint reserves the right to change these amounts subject to the terms herein.

Product Bandwidth Allowed

Merchant Manager Enterprise 2GB
Transaction Manager 1GB
Merchant Manager 2GB
Merchant Manager Express 1GB

Additional Bandwidth Usage. You may purchase additional bandwidth for use in conjunction with your licensed product and HOSTING SERVICE. The charges for additional bandwidth usage are listed below. Should you exceed your base limits at any point during the billing period, Accesspoint will charge your account for the overage based on the fee structure below. You will be responsible for payment for the use of additional network bandwidth and Accesspoint is under no obligation to notify you of such excess usage prior to applying such charge to your account.

Excess Bandwidth Monthly Charge

Each additional GB, or portion thereof $15.00

5. LICENSE AGREEMENT.

This EUHA may be made in conjunction with and End-User License Agreement. You must comply with the terms of the End-User License Agreement.

6. WARRANTIES.

Accesspoint expressly disclaims any warranty for the HOSTING SERVICE. The HOSTING SERVICE and any related documentation is provided "as available" and "as is" and without any warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or noninfringement. The entire risk arising out of use or performance of the HOSTING SERVICE remains with you.

7. NO LIABILITY FOR DAMAGES.

In no event shall Accesspoint or its suppliers be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the HOSTING SERVICE, even if Accesspoint has been advised of the possibility of such damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

8. MISCELLANEOUS.

  • Entire Agreement. This EUHA along with any End-User License Agreement, acceptable use policies, and Service Order Form constitutes the entire agreement between you and Accesspoint pertaining to the subject matter contained in it and supersedes all prior and contemporaneous agreement, representations and understandings.
  • Choice of Law and Venue. This EUHA shall be governed by the laws of the State of California, without giving effect to any choice of law rules. This EUHA shall be deemed to be performed at the offices of Accesspoint / 300 South Harbor Boulevard, Suite 700, Anaheim CA 92805. Accordingly, venue for any action arising hereunder shall lie exclusively in Orange County, California.

I HAVE BEEN ADVISED AND I ACKNOWLEDGE THAT I NEED A COMPUTER AND OPERATING SYSTEM CAPABLE OF RUNNING WEB BROWSING SOFTWARE TO ACCESS THE HOSTING SERVICE AND THE SOFTWARE PRODUCT. I ACKNOWLEDGE THAT I MAY HAVE TO UPGRADE MY WEB BROWSING SOFTWARE FROM TIME TO TIME IN ORDER TO RECEIVE THE MAXIMUM BENEFIT OF AND ACCESS TO THE SOFTWARE PRODUCT. I FURTHER ACKNOWLEDGE THAT IT IS MY OWN RESPONSIBILITY TO OBTAIN, INSTALL, CONFIGURE AND UPGRADE MY WEB BROWSING SOFTWARE.

DISCLAIMER OF WARRANTIES and LIMITATION OF LIABILITY.
Except for certain products and services specifically identified as being offered by accesspoint, accesspoint does not control any materials, information, products, or services on the internet. The internet contains unedited materials, some of which are sexually explicit or may be offensive to you. Accesspoint has no control over and accepts no responsibility for such materials. You assume full responsibility and risk for use of the services and the internet and are solely responsible for evaluating the accuracy, completeness, and usefulness of all services, products, and other information, and the quality and merchantability of all merchandise provided through the service or the internet. The services are provided on an "as is" and "as available" basis. Accesspoint does not warrant that the services will be uninterrupted, error-free, or free of viruses or other harmful components. Accesspoint makes no express warranties and waives all implied warranties including, but not limited to, warranties of title, noninfringement, merchantability, and fitness for a particular purpose regarding any merchandise, information or service provided through accesspoint or the internet generally. No advice or information given by accesspoint or its representatives shall create a warranty. Accesspoint and its employees are not liable for any costs or damages arising directly or indirectly from your use of the services or the internet including any indirect, incidental, exemplary, multiple, special, punitive, or consequential damages. In any event, accesspoint's cumulative liability to any member for any and all claims relating to the use of the services shall not exceed the total amount of service fees paid during a one year period.

 

End-User Hosting Agreement Version 1.2,
Accesspoint Corporation 1999

 

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