Terms and Conditions
Last Update 1/11/98
Computer Pal, Inc. (hereby called "The
Service Provider") is an on-line listing of personal and business World Wide Web
pages. The Service Provider as a service to the Internet community. The use of The Service
Provider is subject to the following terms and conditions.
Computer Pal, Inc. may modify this agreement on an as needed basis by placing an update of
this posting, and your continued use of The Service Provider following each updated
posting shall be deemed to be your acceptance of any such modification. Furthermore, it is
your responsibility to check the "Terms and Conditions" page of The Service
Provider regularly to determine whether this agreement has been modified. You are likewise
required to keep abreast of updates to the information published on The Service Provider's
Accepted Uses and Content Policy. If you do not agree with the
Terms and Conditions of The Service Provider or any modifications to this Agreement, You
must immediately stop using The Service Provider.
The entire content of The Service Provider is Copyrighted, and all rights are reserved.
You may save to disk or print out individual or small selections of information contained
within The Service Provider for your own use, provided that you do not collect multiple
small selections for the purpose of replicating all or substantial portions of The Service
Provider. The Service Provider may be displayed by you to limited numbers of persons
provided that you do not charge for such a presentation.
Terms of Contract
I. Financial Arrangements
1. Client agrees to a three (3) month contract, beginning upon Computer Pal, Inc's receipt by fax, mail, or express mail. Client agrees to pay Computer Pal, Inc for services rendered pursuant to the payment schedule.
2. First three (3) months payment shall be due upon receipt of contract.
3. This agreement will automatically renew for successive three (3) month periods unless canceled in writing prior to the quarterly renewal date. Client will receive an invoice for charges and payment is due upon receipt.
4. Initial payment is due with the contract. For accounting purposes, renewal charges for contracts received on or after the 20th of the month will accrue as of the 1st of the following month. By way of example, an account setup on August 20th will be setup immediately and the initial payment will be due with the contract. The initial term of the agreement will be August 20 through November 30. The first renewal charge will be due in December for second term of services.
II. Taxes
Computer Pal, Inc shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Client or Computer Pal, Inc's server. Client agrees to take full responsibility for all taxes and fees of any nature associated with such products sold.
III. Material and Products
1. Client will provide Computer Pal, Inc with material and data in a condition that is "server-ready", which is in a form requiring no additional manipulation on the part of Computer Pal, Inc. Computer Pal, Inc shall make no effort to validate this information for content, correctness or usability
2. Computer Pal, Inc will exercise no control whatsoever over the content of the information passing through the network. Computer Pal, Inc makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. Computer Pal, Inc also disclaims any warranty of merchant- ability or fitness for particular purpose and will not be responsible for any damages that may be suffered by the Client, including loss of data resulting from delays, nondeliveries or service interruptions by any cause or errors or omissions of the Client. Use of any information obtained by way of Computer Pal, Inc is at the Client's own risk, and Computer Pal, Inc specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of a connection to and do not represent guarantees of avail- able end to end bandwidth. Computer Pal, Inc expressly limits its damages to the Client for any non-accessibility time or other down time to the pro- rata monthly charge during the system unavailability. Computer Pal, Inc specifically denies any responsibilities for any damages arising as a consequence of such unavailability. In the event that this material is not "Server-ready", Computer Pal, Inc may, at its option and at any time, reject this material, including but not limited to after it has been put on Computer Pal, Inc's Server. Computer Pal, Inc agrees to notify Client immediately of its refusal of the material and afford Client the opportunity to amend or modify the material to satisfy the needs and/or requirements of Computer Pal, Inc. If the Client fails to modify the material, as directed by Computer Pal, Inc, within a reasonable period of time, which shall be determined between the parties themselves, the Agreement shall be deemed to be terminated.
3. Use of service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of Customer's Webspace by the Customer.
The following examples are offered:
Web Publishing: requires a knowledge of HTML, properly locating and linking documents, FTPing Webspace contents, Graphics, Text, Sound, imagemapping, etc. CGI-Scripts: requires a knowledge of the UNIX environment, TAR & GUNZIP commands, Perl, CShell scripts, permissions, etc. Autoresponders: a knowledge of mReply autoresponder, forwarding mail, use of mail Customers to receive mail, etc.
The Customer agrees that he or she is a necessary knowledge to create Customer's Webspace. Customer agrees that it is not the responsibility of Computer Pal, Inc., Inc. to provide this knowledge or Customer Support outside of the defined service.
IV. Trademarks & Copyrights
Client warrants that it has the right to use the applicable trademarks, if any, and grants Computer Pal, Inc the right to use such trademarks.
V. Hardware, Equipment & Software
The customer is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access Computer Pal, Inc. Computer Pal, Inc makes no representations, warranties or assurances that the Customer's equipment will be compatible with the Computer Pal, Inc service.
VI. Age
The Customer certifies that he or she is at least 18 years of age.
VII. Internet Etiquette
Electronic forums such as mail distribution lists and Use Net news groups all have expectations regarding subject area and appropriate etiquette for posting. Users of these forums should be considerate of the expectations and sensitivities of others on the network when posting material for electronic distribution. The network resources of Computer Pal, Inc may not be used to impersonate another person or misrepresent authorization to act on behalf of others or Computer Pal, Inc. All messages transmitted via Computer Pal, Inc should correctly identify the sender; users may not alter the attribution of origin in electronic mail messages or posting. Users must not attempt to undermine the security or integrity of computing systems or networks and must not attempt to gain unauthorized access.
VIII. Termination
This Agreement may be terminated by either party, without cause, by giving the other party 30 days written notice. In such event, the canceling party will be required to pay to other party an amount equal to the unused portion of service excluding any hosting or setup charges. Notwithstanding the above, Computer Pal, Inc may terminate service under this Agreement at any time, without penalty, if the Client fails to comply with the terms of this Agreement.
IX. Limited Liability
1. Client expressly agrees that use of Computer Pal, Inc's Server is at Client's sole risk. Neither Computer Pal, Inc, its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that Computer Pal, Inc's Server service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Computer Pal, Inc Server service, unless otherwise expressly stated in this Agreement.
2. Under no circumstances, including negligence, shall Computer Pal, Inc, its offices, agents or any one else involved in creating, producing or distributing Computer Pal, Inc's Server service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Computer Pal, Inc Server service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to Computer Pal, Inc's records, programs or services. Client hereby acknowledges that this paragraph shall apply to all content on Computer Pal, Inc's Server service.
3. Notwithstanding the above, Client's exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate dollar amount which Client paid during the term of this Agreement and any reasonable attorney's fee and court costs.
X. Lawful Purpose
Client may only use Computer Pal, Inc's Server for lawful purpose. Trans- mission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, or material protected by trade secrets.
XI. Indemnification
Client agrees that it shall defend, indemnify, save and hold Computer Pal, Inc harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against Computer Pal, Inc, its agents, its customers, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Client, its agents, employees or assigns. Client agrees to defend, indemnify and hold harmless Computer Pal, Inc against Liabilities arising out of (i) any injury to person or property caused by any products sold or otherwise distributed in connection with Computer Pal, Inc's Server; (ii) any material supplied by Client infringing or allegedly infringing on the proprietary rights of a third party; (iii) copyright infringement and (iv) any defective product which Client sold on Computer Pal, Inc Server.