END-USER LICENSE & TERMS OF SERVICE
These Subscriber Policies and Procedures comprise the terms and conditions governing all Computer Net Works Inc. Subscribers. It is essential to understand and comply with each provision set forth herein. All Computer Net Works, Inc. Subscribers must be and by executing the Subscriber Application and Authorization do hereby agree to be bound by the terms contained herein. The Service Providers, as defined in paragraph 1, reserve the right to amend these Policies and Procedures from time to time. Should you have any questions regarding these Policies and Procedures or any policy of the Service Providers, please consult the Service Providers.
Computer Net Works, Inc. SERVICE AGREEMENT TERMS:
1. The Computer Net Works, Inc. service (the "service") consists of computing services, software, information services, and information provided by Computer Net Works, Inc. ("Service Providers"). The Service, which is provided under the service/provider brand name Computer Net Works, Inc. also offers subscribers access information and software that may be owned or made available by third parties. The terms and conditions of this service constitute the entire agreement (collectively, the "Agreement") between the Service Providers and the subscriber with respect to the Service and supersede all other communications. Billing for the Service is provided by and through Computer Net Works Inc.
2. Upon Notice published over the Service, the Service Providers may modify this agreement, the Operating Rules or prices. The Service Providers may discontinue or revise any or all other aspects of the Services at their sole discretion and without prior notice.
3. Unless otherwise agreed, Subscriber's right to use the Service or to designate Subscribers is not transferable and is subject to any limits established by the Service Providers, or by Subscriber's credit card company if billing is through a credit card.
4. Subscriber agrees to indemnify the Service Providers against liability for any and all use of Subscriber's account.
5. Subscriber is responsible for and must provide all telephone and other equipment and services necessary to access the Service.
6. Subscriber shall pay to Computer Net Works, Inc., in accordance with the provisions of the Billing Option selected by Subscriber, any registration or monthly fees, connect time charges, minimum charges and other charges incurred by Subscriber or its designated Subscribers at the rates in effect for the billing period in which those charges are incurred, including but not limited to charges for any purchases made through the Service and any surcharges incurred while using any supplemental networks or services other than the Service. The Subscriber shall pay all applicable sales and use taxes relating to its and the designated Subscribers use of the Service. The Subscriber shall be responsible for all use of the Service accessed through Subscriber's or its designated Subscriber's passwords(s).
7. Subscriber EXPRESSLY AGREES THAT THE USE OF THE SERVICE, WHICH INCLUDES THE CONTENTS THEREOF, AND ANY STORAGE OR USE OF INFORMATION IS AT Subscriber's SOLE RISK. NEITHER THE SERVICE PROVIDERS, Computer Net Works, Inc. , NOR ANY OF THEIR SUBSCRIBERS, LICENSORS, EMPLOYERS, OR AGENTS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THE SERVICE PROVIDERS, Computer Net Works, Inc. , OR ANY OF THEIR SUBSCRIBERS, LICENSORS, EMPLOYEE OR AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. THE SERVICE IS DISTRIBUTED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE WITH RESPECT TO THE SERVICE OR INFORMATION. NEITHER THE SERVICE PROVIDERS, Computer Net Works, Inc., NOR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING, OR DELIVERING THE SERVICE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICE OR INABILITY TO USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY, THE PROVISIONS OF THIS SECTION_7 WILL SURVIVE ANY TERMINATION OF THIS AGREEMENT.
8. Except as may be expressly permitted by the copyright owner(s), may not reproduce, redistribute, retransmit, publish, or otherwise transfer or commercially exploit any information which they receive through the Service.
9. The provisions of paragraphs 7 and 8 are for the benefit of the Service Providers and their Information Providers, Licensors, Employees and Agents, and each shall have the right to assert and enforce such provisions directly on its own behalf.
10. Subject to the terms of this Agreement, the Service Providers grant to the Subscriber a personal, non-exclusive, non-assignable and nontransferable license to use and display the Services Provider's Information software ("Software") on any machine(s) of which Subscriber is the primary user, Unauthorized copying of the Software, including software that has been modified, merged or included with the Software, or the written materials associated therewith is expressly forbidden. Subscriber may not sublicense, assign, or transfer this license or the Software. Any attempt to sublicense, assign or transfer any of the rights, duties or obligations under this license is void.
11. This Agreement is, and shall be governed by and construed in accordance with the law of the State of Massachusetts applicable to agreements, made and performed in Massachusetts. Any cause of action of Subscriber or it's designated Subscribers with respect to the Service must be instituted within one year after the claim or cause of action has arisen or be barred.
12. The Service Providers will bill Subscriber's credit card for Subscriber's monthly subscription fee and any additional online charges Subscriber incurs. Subscribers may choose, for any reason, to cancel their subscription by notifying Computer Net Works, Inc. at billing@cnetwork.com Cancellation notices must be received no later than 5:00 PM on the 25th of the month in order to be effective for the following month.
EMAIL POLICIES
Computer Net Works, Inc. provides you with access to the Internet. Generally, the Internet consists of the following areas available through Computer Net Works, Inc.: Email, News Groups, Gopher and WAIS, FTP, and the World Wide WEB. The Internet is not owned, or operated by, or in any way affiliated with Computer Net Works, Inc. or any of its affiliates, licensors, or service providers; it is a separate, independent network of computers and is not part of Computer Net Works, Inc. Your use of the Internet is solely at your own risk. When using the Internet and all of its components, Subscribers must conduct themselves responsibly according to the Internet's own particular code of conduct. Participating successfully on the Internet is a matter of common sense. Although the Service Providers do not control the Internet, your conduct on the Internet when using your Computer Net Works, Inc. account is subject to the Service Providers'. Because Computer Net Works, Inc. and the Service Provider strive to be good Internet citizens, Computer Net Works, Inc. subscribers are prohibited from engaging in certain conduce on the Internet through or by means of Computer Net Works, Inc.
The Service Providers reserve the right to prohibit conduct, communication, or Content on Computer Net Works, Inc. which it deems in its discretion to be harmful to any Subscriber, the communities which comprise Computer Net Works, Inc. and third-parties' rights, or to violate applicable law. Notwithstanding the foregoing, neither the Service Providers, nor its Information Providers, have the practical ability to restrict conduct, communication or content which might violate the Computer Net Works, Inc. Rules prior to transmission on Computer Net Works, Inc. , nor can they ensure prompt editing or removal of actually or potentially violating Content after online posting. Accordingly, you acknowledge that neither the Service Providers, Computer Net Works, Inc., nor any Information Provider shall assume or have any liability for any action or inaction by the Service Providers or any Internet Content Provider with respect to conduct, communication or Content on Computer Net Works, Inc.
AGREEMENT
This Agreement contains the full understanding of the parties with respect to the subject matter hereof, and no waiver, alteration, or modification of any of the provisions hereof shall be binding on either party unless in writing and signed by duly authorized representatives of the parties. Neither the course of conduct between parties nor trade practice shall act to modify the provisions of the Agreement.
By clicking the button below, you agree that you have read and agree with Computer Net Works, Inc's Operating Guidelines and the Computer Net Works, Inc. Policies. Additionally, you are authorizing Computer Net Works, Inc. to debit your account monthly for the charges related to your account.
Computer Net Works, Inc. is not responsible for any charges assessed by your local or long distance telephone service. NO LIABILITY FOR CONSEQUENTIAL DAMAGES: In no event shall Computer Net Works, Inc. be liable for any damages whatsoever (including without limitation, direct or indirect damages for personal injury, 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 product.
TERMS OF SERVICE
These Terms of Service (the 'Terms of Service') apply to your use of this Web acceleration service (the 'Service').
1. Use and Ownership of Service.
You are hereby granted a limited, non-transferable license to use the Service, including its end user and, if applicable, server-based software (the 'Software') and any documentation (the 'Documentation' and, together with the Software, the 'Materials'). You may use the single-user version of the Service on only one computer at any one time, and you may use the server-based version of the Service to connect to the Internet only the number of computers for which you have subscribed. You may make one copy of the Software for backup purposes. You may not (a) 'unlock', reverse translate, decompile, disassemble or otherwise reverse engineer, or attempt to reconstruct or discover, any source code, underlying ideas, algorithms, file formats or programming or interoperability interfaces of the Software, (b) remove any identification, copyright, trademark or other notice from the Materials or (c) modify or create a derivative work of any part of the Materials or incorporate any part of the Materials into other software or materials. The Service and the Materials are the property of the licensor hereunder ('Licensor'). Licensor retains all rights in and to the Service and the Materials that are not expressly granted to you herein.
2. User Responsibilities.
You will use best efforts to protect the Service and the Materials from unauthorized or illegal use. You will comply with all export and technology transfer restrictions (including but not limited to the U.S. Bureau of Industry and Security and other U.S. Department of Commerce regulations) and all other laws relating to your use of the Service and the Materials. Any use of the Service or the Materials by the U.S. Government shall be governed by these Terms of Service, shall be prohibited except to the extent expressly permitted by these Terms of Service and shall be further subject to the restrictions set forth in Federal Acquisition Regulation (FAR) Section 52.227-14 and Defense Federal Acquisition Regulation (DFAR) Section 252.227-7015 (or any successors thereto).
3. Warranties and Limitation of Liabilities.
Licensor warrants to you that the Service, when used as directed, will substantially achieve the functionality described in the Documentation. Licensor warrants to you that any Software media provided to you will be free from defects for 90 days from date of receipt. LICENSOR IS NOT, HOWEVER, RESPONSIBLE FOR YOUR INSTALLATION OF THE SERVICE OR FOR THE RESULTS OBTAINED BY YOU FROM THE USE OF THE SERVICE OR THE MATERIALS. LICENSOR DOES NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR SECURE. LICENSOR’S SOLE LIABILITY FOR BREACH OF THESE WARRANTIES IS A COMMERCIALLY REASONABLE EFFORT, IN LICENSOR’S DISCRETION, TO REINSTATE THE FUNCTIONALITY OF THE SERVICE, TO REPLACE DEFECTIVE SOFTWARE OR SOFTWARE MEDIA OR TO ADVISE HOW TO ACHIEVE SUBSTANTIALLY THE SAME FUNCTIONALITY THROUGH A PROCEDURE DIFFERENT FROM THAT IN THE DOCUMENTATION. If you use the Service in an unauthorized fashion, if you modify the Software, if the Software media is subjected to accident, abuse or improper use, if you use the Service on or in conjunction with hardware or software other than the unmodified version of hardware and software with which it was designed to be used or if you violate these Terms of Service, this warranty is void. THIS IS A LIMITED WARRANTY. IT IS THE ONLY WARRANTY MADE BY LICENSOR, AND LICENSOR MAKES NO OTHER REPRESENTATION OR WARRANTY WITH RESPECT TO THE SERVICE OR THE MATERIALS. NO LICENSEE, AGENT, DISTRIBUTOR OR RESELLER OF LICENSOR IS AUTHORIZED TO MODIFY LICENSOR’S WARRANTY, AND NO LICENSEE, AGENT, DISTRIBUTOR OR RESELLER OF LICENSOR SHALL HAVE ANY LIABILITY FOR BREACHES UNDER THESE TERMS OF SERVICE. IF A LICENSEE, AGENT, DISTRIBUTOR OR RESELLER OF LICENSOR MAKES ANY WARRANTIES TO YOU, IT ALONE IS RESPONSIBLE FOR SUCH WARRANTIES. IN NO EVENT SHALL LICENSOR OR ANY LICENSEE, AGENT, DISTRIBUTOR OR RESELLER OF LICENSOR BE LIABLE OR OBLIGATED, UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR ANY AMOUNTS IN EXCESS OF THE SERVICE SUBSCRIPTION FEES PAID BY YOU WITH RESPECT TO THE 12-MONTH PERIOD PRIOR TO YOUR COMMUNICATING YOUR WARRANTY CLAIM TO YOUR VENDOR, OR FOR ANY SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO ANY COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES, TECHNOLOGIES OR RIGHTS), OR FOR ANY INTERRUPTION OF USE OR LOSS OR CORRUPTION OF DATA, OR FOR ANY MATTER BEYOND LICENSOR’S REASONABLE CONTROL, OR FOR ANY CLAIM OF A THIRD PARTY PERTAINING TO YOUR USE OF THE SERVICE OR MATERIALS. Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above exclusions and limitations may not apply to you. You may have other statutory rights, but in no event shall warranties provided by law, if any, apply unless they are required to apply by statute. You shall indemnify Licensor for any losses, damages, claims and expenses arising out of any breach by you of these Terms of Service, or arising out of your use of the Service or the Materials.
4. Termination.
Upon termination of your subscription to the Service, (a) your right to use the Service and the Materials terminates, (b) Licensor or its licensee, agent, distributor or reseller may terminate your ability to use the Service by any reasonable means and (c) you shall immediately destroy all originals and copies of the Materials in your possession; provided, however, that if termination of your subscription does not arise out of your breach of these Terms of Service, you may first complete your then current subscription period (e.g., the month in which termination occurs). No refunds, however, are provided for any unused portion of a monthly, annual or other subscription period.
5. Miscellaneous.
You may not assign or transfer your right to use the Service or the Materials. The failure of Licensor to insist upon the performance of any of these Terms of Service shall not be a waiver of the future performance of obligations by you. These Terms of Service may not be amended except by Licensor via written notice to you or via publication on Licensor’s or your Service reseller’s Web site. These Terms of Service are governed by the laws of the State of Connecticut, U.S.A. Jurisdiction for any lawsuit against Licensor relating to these Terms of Service or your use of the Service lies solely in the Federal or state courts located in Connecticut, and venue in any such action shall be proper only therein. No lawsuit for a claim against Licensor relating to these Terms of Service or your use of the Service may commence more than one year after the termination of your Service subscription. References herein to 'written' notice shall include fax, e-mail and Web-based communications. No provision of these Terms of Service shall be interpreted against Licensor solely because Licensor or its agent drafted the provision. The 'Licensor' under these Terms of Service is Artera Group, Inc. Licensees, agents, distributors and resellers of the Service may have additional terms of service relating to your Service subscription.