This agreement is between Cutting Edge Communications, Inc., (CEC) duly authorized and existing under the laws of the State of Washington and the End User (EU) for the provision by CEC of certain computer network services as more particularly described below, and is considered executed upon EU's first use of CEC services, or with regards to existing accounts, 72 hours following mailing to the EU or 24 hours following publication on CEC's publicly accessible services.
PLEASE READ THIS AGREEMENT CAREFULLY. ONCE YOU HAVE READ THESE TERMS AND CONDITIONS, IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, CEC IMMEDIATELY AS NOTED ABOVE TO ARRANGE FOR A REFUND, IF ANY IS DUE.
AFTER 72 HOURS NO REFUNDS WILL BE ISSUED FOR ANY REASON.
This is the entire agreement between CEC and EU (Which may include EU's designated users) and supercedes all other communications and agreements with regard to the subject matter covered by this agreement.
Unless agreed to the contrary by CEC, in writing, EU's right to use the Service is not transferable and is subject to any limits established by CEC including credit limits.
EU agrees to fully indemnify CEC, it's officers, shareholders and affiliates against liability for any and all use of EU's account. In the event that CEC is required to engage the services of an attorney because of breach by the EU of any of the terms contained herein, EU agrees to pay all of CEC's reasonable attorneys fees and court costs.
EU is responsible for and must provide all telephone, computer and other equipment and services necessary to access the Service.
EU shall pay, in accordance with CEC's published price list which may be subject to change without notice. EU is obligated to pay registration, monthly fees and/or other fees which CEC may levy incurred by EU or it's designated users. You agree to pay CEC's current charges in effect for all Internet access through your account. You can obtain current rates for using the Service by calling (509) 444-4638. CEC reserves the right to change all rates or to institute new rates and/or charges at any time. EU is liable for all attorney and collection fees arising from efforts to collect any unpaid balance on EU's account(SE).
Subject to the provision of this agreement, CEC grants to EU a personal, non exclusive, non assignable and non transferable license to use the Service and any software provided by CEC which is owned by CEC on any computer of which EU is the primary user.
Upon published notice, whether published over CEC's Email, Bulletin Board, Servers or by more conventional means, CEC may modify this agreement, the acceptable use policies, prices, or any other matter, and may suspend or discontinue or revise any or all parts of the Service at its sole discretion without prior notice.
In order to register for the Service, you must be at least 18 years of age, and you hereby certify to CEC that you meet this requirement. If you are a parent or legal guardian, you may authorize a minor under your control to use your account under supervision. If you do permit any minor to use the Service or the software accessing the Service through your account, you understand and agree that you are fully responsible for such minor's conduct while using the Service and the software, and for any consequences if the minor misuses the Service or the software, or other violation of this Agreement. You further certify to CEC that all the information you have provided to CEC in connection with your registration, whether on-line or on the telephone or otherwise, is accurate, complete and current, and you agree to notify CEC of all changes to such information within 30 days.
Reproduction of Content
Except as expressly permitted elsewhere in this agreement, neither EU nor its designated users may reproduce, redistribute, retransmit, publish or otherwise transfer, or commercially exploit, any information, software or other content which they may receive through the Service.
EU is responsible for maintaining the confidentiality of any and all passwords issued to you by CEC for accessing the Internet. EU is responsible for all activities and charges assessed as a result of use of your passwords and account in connection with the Service. If EU's account or password is accessed or used without EU's permission, EU will remain responsible for all such activities and charges until EU notifies CEC that an unauthorized user is using EU's password and account by calling (509) 444-4638.
Internet Content Disclaimer
You understand further that neither CEC nor any of its affiliates operates or controls the Internet in any way, and that all merchandise, information and services offered or made available or accessible through CEC are offered or made available or accessible by third parties who are not affiliated with CEC or its affiliates. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICE AND THE INTERNET . NEITHER CEC NOR ITS AFFILIATES MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR NON INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH ANY CEC SERVICE OR ON THE INTERNET GENERALLY, AND THEY SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES AND OTHER INFORMATION, AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE, PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY.
YOU UNDERSTAND FURTHER THAT THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOU ACCESS SUCH MATERIALS AT YOUR OWN RISK. CEC HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
Domain Name Registration
You understand that you may purchase services offered or made available or accessible through CEC with regard to applying for and acquiring a Domain Name on the Internet. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR THE DOMAIN NAME YOU REQUEST AND ANY AND ALL LIABILITY WHICH MAY ARISE FROM PATENT, TRADE MARK OR COPYRIGHT INFRINGEMENT.
CEC, if contracted to do so, will make its best efforts to obtain requested domain names but makes no warranty or guarantee that such names are obtainable. Additionally, CEC makes no warranty or guarantee as to the length of time it will take to obtain a domain name.
You understand that you may purchase services offered or made available or accessible through CEC with regard to design, preparation and serving of Home Pages. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR THE CONTENT OF YOUR HOME PAGES OR INFORMATION YOU MAY PUT OUT ON THE INTERNET. YOU ALSO ASSUME TOTAL RESPONSIBILITY AND RISK FOR ANY AND ALL LIABILITY WHICH MAY ARISE AS A RESULT OF THE CONTENT OF YOUR HOME PAGES OR INFORMATION WHICH YOU PUT OUT ON THE INTERNET. CEC AND ITS AFFILIATES DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING, WITHOUT LIMITATION WARRANTIES OF TITLE OR NON INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO ANY MERCHANDISE, INFORMATION OR SERVICE SOLD OR PROVIDED THROUGH YOUR HOME PAGES OR ON THE INTERNET. CEC SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES AND OTHER INFORMATION, AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE, PROVIDED BY YOU THROUGH YOUR HOME PAGES OR ON THE INTERNET GENERALLY. CEC HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR MATERIALS WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO THE PUBLIC.
No Service Warranties
ALL SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY CEC, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE A WARRANTY. NEITHER CEC NOR ITS AFFILIATES WARRANTS THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE ON THE SERVICE IS FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS. UNDER NO CIRCUMSTANCES SHALL CEC, ITS AFFILIATES OR ITS CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM YOUR USE OF OR INABILITY TO USE THE SERVICE OR TO ACCESS THE INTERNET OR ANY PART THEREOF, OR YOUR RELIANCE ON OR USE OF INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON OR THROUGH THE SERVICE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE.
Understand that CEC is dependent on other service providers such as ELI, Nextlink, USWest, MCI, Sprint, Winstar, UUNet and others making up the backbone of the Internet, those entities and the service regions they operate are beyond CEC's control. If you are dissatisfied with the Service or with any terms, conditions, rules, policies, guidelines, or practices of CEC in operating the Service, your sole and exclusive remedy is to discontinue using the Service.
Making Purchases On the Internet
If you wish to make purchases on the Internet, you may be asked by the merchant or information or service provider from whom you are making the purchase to supply certain information, including credit card or other payment mechanism information. The merchants and information and service providers offering merchandise, information and services on the Internet set their own prices and may change prices or institute new prices at any time. Be warned that these merchants, information or service providers are independent of CEC and UNDER NO CIRCUMSTANCES SHALL CEC, ITS AFFILIATES OR ITS CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM YOUR CONSUMER BEHAVIOR ON THE INTERNET OR ANY PART THEREOF, OR YOUR RELIANCE ON OR USE OF INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON OR THROUGH ANY SUCH SERVICE.
User Conduct On the Internet
While using the Internet through the Service, you may not:
Restrict or inhibit any other user from using and enjoying the Internet;
Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law, including without limitation the U.S. export control laws and regulations;
Post or transmit any information or software which contains a virus, cancelbot, trojan horse, worm or other harmful component;
Post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Service for commercial purposes (other than as expressly permitted by the provider of such information, software or other material);
Upload, post, publish, transmit, reproduce, or distribute in any way information, software or other material obtained through the Service which is protected by copyright, or other proprietary right, or derivative works with the respect thereto, without obtaining permission of the copyright owner or right holder; or;
Upload, post, publish, reproduce, transmit, or distribute in any way any component of the Service itself or derivative works with respect thereto, as the Service is copyrighted as a collective work under U.S. copyright laws.
While using the Service you agree to the following:
EU agrees not to use the Service to conduct business activity or solicit the performance of any activity which is prohibited by law or to solicit members of CEC to become members of any competitor of CEC.
EU may use the Service to access other networks worldwide and EU agrees to conform with the acceptable use policies of any such networks with chich EU connects. In addition EI agrees to conform to the protocols and standards defined in the following Internet Documents: RFC 1009, RFC 1122, RFC 1123, and RFC 1250 and any future such protocols and standards.
CEC reserves the right, in its sole discretion to edit or delete any information, software to other content appearing on the Service, regardless of whether it violates the standards for content.
EU agrees that CEC shall have the right to delete all data, files or other information that is stored in the EU's directories if the EU's account with CEC is terminated for any reason, by either CEC or the subscriber.
CEC has no obligation to monitor the Service. However, you agree that CEC has the right to monitor the Service electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the Service properly, or to protect itself or its subscribers. CEC will not intentionally monitor or disclose any private electronic-mail message unless required by law. CEC reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this agreement.
You understand and agree that, unless you notify CEC to the contrary in writing, CEC may publish your name and other information in one or more directories which may be accessed by other Internet users.
Failure to Comply With Agreement
CEC may deny you access to all or part of the Service without notice if you engage in any conduct or activities that CEC in its sole discretion believes violates any of the terms and conditions in this Agreement. If CEC denies you access to the Service because of such a violation, you shall have no right.
You agree to defend, indemnify and hold CEC and its officers, shareholders and affiliates harmless from any and all liabilities, costs and expenses, Including reasonable attorneys' fees, related to any violation of this Agreement by you or authorized users of your account, or in connection with the use of the Service or the Internet or the placement or transmission of any message, information, software or other materials on the Internet by you or authorized users of your account.
In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect.
CEC's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement.
This Agreement shall be governed by and construed in accordance with the laws of the State of Washington, without regard to its conflicts of law provisions. In the event of litigation both parties consent to the jurisdiction of the Superior or District Court of Spokane County, Washington, or, in the event of diversity of citizenship, the United States District Court for the Eastern District of Washington. Both parties expressly waive a jury trial. Any cause of action you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.
This Agreement constitutes the entire agreement between you and CEC with respect to the Service