|
TERMS AND CONDITIONS:
This agreement is between
UN SERVICES Inc and the Customer (as noted above) to provide computer
services and applications rental by the Internet, using either
UN Services Inc.'s network of shared server(s) or third party
systems. YOU WARRANT THAT YOUR USAGE OF UN SERVICE's SYSTEMS (HARDWARE
and/or SOFTWARE) EVIDENCES YOUR INTENTION TO LEGALLY BIND YOU
AND SUCH ACKNOWLEDGMENT IS INTENDED AS A SYMBOL OF YOUR SIGNATURE.
1. Grant. Subject to the terms and conditions of this Agreement,
UN SERVICES grants the Customer a non-exclusive, nontransferable
license to use as provided in this Agreement the systems (hardware
and/or software) at your sole risk.
2. Intellectual Property Rights.
Pursuant to 48 C.F.R. 12.212 or 48 C.F.R. 227.7202, as applicable,
the systems provided by UN SERVICES (hardware and/or software)
and any related materials and documentation are Commercial Items
as defined under 48 C.F.R. 2.101 and are licensed to users only
as Commercial Items and only with the rights granted in this agreement.
(a) You acknowledge that UN SERVICES
holds and retains all worldwide rights, title and interests, including
without limitation, copyright and patent rights, in and to applications
and any other resources made available to the Customer. You acknowledge
that UN SERVICES is not selling or otherwise transferring title
of any of systems (hardware and/or software) to you.
(b) You may not copy, modify, adapt,
reproduce, decompile, reverse engineer or disassemble any of UN
SERVICES applications.
(c) You may not transfer or transmit,
in whole or in part, any resource made available to you, the Customer,
by UN SERVICES, to any third party.
(d) You further acknowledge and
agree that you will not claim, whether in whole or in part, any
rights in the systems (hardware and/or software), and will do
nothing to impair or claim, in any way, UN SERVICES's rights in
the systems.
3. Payments. UN SERVICES
accepts checks, Visa, MasterCard, Discover or American Express
for payment. All services are billed within the last business
day of any given period. Bills for partial periods are prorated.
UN SERVICES reserves the right to change pricing within thirty
(30) days notice. Nonpayment of monthly charges may result in
discontinuance of service; in that case there will be a $15.00
reactivation fee.
4. Domain Hosting. If you
are hosting a domain in the UN SERVICES systems, the monthly fee
DOES NOT INCLUDE the domain registration fee. You should pay to
the registrar company the appropriate fees to maintain your domain
active.
5. System usage. Unless
otherwise noted and agreed upon in writing by UN SERVICES, the
Customer shall use the systems (hardware and/or software) available
to represent only one named organization or company. Customer
may not include material for, or sublease space for any other
individual, business, or organization.
6. System availability.
Customer understands and agrees that UN SERVICES will make every
effort to keep our network of server(s) running continuously.
However, our server(s) will, from time to time, be disconnected
due to routine maintenance, upgrades, and other required events.
UN SERVICES will make its best effort to keep all information
on our servers backed-up. However, we recommend that the Customer
maintains a separate back-up of any information posted to our
server(s), as UN SERVICES is not responsible for lost materials
or any informations present in the systems (hardware and/or software).
7. System security. UN SERVICES
will make its best effort to maintain security on our network
of server(s). However, the nature of the Web and the Internet
is not secure by default; Customer assumes responsibility for
the appropriate use of hypertext based security within the Customer's
scripts and directories. All scripts require prior approval by
UN SERVICES. If the customer have any confidential information
that needs extra protection, the customer must either remove from
UN SERVICES systems (hardware and/or software) or notify in writing
to UN SERVICES. An extra-fee may apply to monitor these information's.
8. Liabilities. By using
our service, Customer releases UN SERVICES from any liability
that may arise from any business interruption to the Customer's
business resulting from using our services. UN SERVICES is in
no way responsible for the performance of any information posted
to our network. In addition, Customer assumes full responsibility
for all content posted to UN SERVICES's server(s) on Customer's
behalf, including any trademark, copyright, patent or other intellectual
property submitted to UN SERVICES for either creative services
and/or straight posting to our server(s). UN SERVICES reserves
the right to remove any material, which, in its sole opinion,
may result in the violation of intellectual property rights of
others or any other applicable Federal, State, Common, International
laws or regulations.
9. Disclaimer of Warranty. UN
SERVICES EXPRESSLY DISCLAIMS AND EXCLUDES ALL WARRANTIES FOR ALL
TIMES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. UN SERVICES DOES NOT WARRANT THAT THE SYSTEMS (HARDWARE
and/or SOFTWARE) WILL MEET ALL OF YOUR REQUIREMENTS OR THAT THE
SYSTEMS (HARDWARE and/or SOFTWARE) WILL BE UNINTERRUPTED OR ERROR
FREE OR THAT ANY DEFECT WITHIN THE SYSTEMS (HARDWARE and/or SOFTWARE)
WILL BE CORRECTED. FURTHERMORE, UN SERVICES DOES NOT WARRANT NOR
MAKE ANY REPRESENTATION REGARDING THE RESULTS OF YOUR USE OF THE
SYSTEMS (HARDWARE and/or SOFTWARE) AND THE RELATED MATERIALS IN
TERMS OF CAPABILITY, CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE.
NO ORAL OR WRITTEN INFORMATION, REPRESENTATION OR ADVICE GIVEN
BY UN SERVICES OR AN AUTHORIZED REPRESENTATIVE OF UN SERVICES
SHALL CREATE A WARRANTY.
10. Limitation of Liability.
YOU ACKNOWLEDGE THAT UN SERVICES IS PROVIDING SYSTEMS (HARDWARE
and/or SOFTWARE) FOR YOUR USE IN A NON-EXCLUSIVE MODE. THE SYSTEMS
SHOULD BE EVALUATED IN A TEST-MODE, AND IT'S USAGE IN PRODUCTION
MODE SHOULD BE DONE AT CUSTOMERS SOLE CHOICE. UNDER NO CIRCUMSTANCES,
INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL UN SERVICES BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR OTHER DAMAGES IN TORT, CONTRACT, PRODUCT LIABILITY OR UNDER
ANY OTHER THEORY OF LAW RESULTING FROM THE INSTALLATION, USE,
OR INABILITY TO USE, THE SYSTEMS, THE MATERIALS, INCLUDING, WITHOUT
LIMITATION, DAMAGES RESULTING FROM LOSS OF USE, PROFITS, DATA,
OR BUSINESS, AND DAMAGE TO YOUR INTERNAL COMPUTER SYSTEMS EVEN
IF UN SERVICES, OR AN AUTHORIZED REPRESENTATIVE OF UN SERVICES,
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11. Indemnification. You
will, at your sole cost and expense, defend, indemnify and hold
harmless, UN SERVICES, its subsidiaries, parent corporation and
their respective officers, directors, employees, agents, successors
and assigns from and against any and all claims, demands, suits,
damages, costs, expenses, losses, fines, and judgments, including
reasonable attorneys fees (collectively hereinafter "Claims")
arising out of:
(a) Your use of any UN SERVICES
systems (hardware and/or software);
(b) The inability to use any of
the UN SERVICES systems;
(c) Any claim that the results
of UN SERVICES systems, either hardware or software, in whole
or in part, is incorrect, incomplete, misappropriate or infringes
any right of another person or entity.
12. Confidentiality. The
systems, layouts, codes, and any other information released from
UN SERVICES's systems to you, the customer, must be treated as
confidential. You will maintain the confidentiality of all information
received, and will not distribute or disclose to any third party
without the written consent of UN SERVICES.
13. Controlling Law and Severability.
This agreement shall be governed by and construed in accordance
with the laws of the United States and the State of Florida.
14. Relationship of Parties.
You and UN SERVICES are independent contractors acting for their
own account, and neither party or its employees or agents are
authorized to make any representations or commitments on the other
party's behalf unless previously authorized by such party in writing.
By using the systems from UN SERVICES
(hardware and/or software) you acknowledge your agreement to this
Agreement as set out above on behalf of myself and the entity,
if any, with whom I am employed or represent, and acknowledge
that I am responsible to provide true and accurate registration
information to UN SERVICES.
The continued use of UN SERVICES systems constitutes customer
acceptance of these and any and all modified terms.
Orlando, FL - August 06, 2001.
|
