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.
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End-User
Hosting Agreement Version 1.2,
Accesspoint Corporation © 1999 |
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