QUINTILLION COMMUNICATIONS WEB SITE AGREEMENT
The Quintillion CommunicationsSM Web Site (the ``Service'') is an online information and communications service provided by the Quintillion Communications division of the Service Provider¹ (``Provider''), subject to your compliance with the terms and conditions below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SERVICE. BY ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SERVICE. PROVIDER MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SERVICE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
Copyright, Licenses and Idea Submissions.
The entire contents of the Service are copyrighted under the United States copyright laws². The owner of the copyright is Provider. You may print and download portions of material from the different areas of the Service solely for your own non-commercial use. You may make: (a) one machine readable copy, (b) one backup copy, and (c) one print copy of any portions of material downloaded from the different areas of the Service solely for your non-commercial use. Any other copying, redistribution, retransmission or publication of any downloaded material, is strictly prohibited without the express written consent of Provider or any third party information provider to the Service. You agree not to change or delete any proprietary notices from materials downloaded from the Service. You agree to grant to Provider a non- exclusive, royalty-free, worldwide, perpetual license, with the right to sublicense, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to the Service (such as through posting to public areas or replying to the Webmaster) by all means and in any media now known or hereafter developed. You also grant to Provider the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against Provider for any alleged or actual infringement or misappropriation of any proprietary right in your communications to us.
Use of the Service.
You understand that, except for information, products or services clearly identified as being supplied by Provider, Provider does not operate, control or endorse any information, products or services on the Internet or by merchants identified by the Service in any way. Except for Provider-identified information, products or services, all information, products and services offered by merchants identified through the Service or on the Internet generally are offered by third parties that are not affiliated with Provider. You also understand that Provider cannot and does not guarantee or warrant that files available for downloading through the Service will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Service for the reconstruction of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICE AND THE INTERNET. PROVIDER DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE, MERCHANTS LISTED ON THE SERVICE OR ON THE INTERNET GENERALLY, AND PROVIDER 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, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. PROVIDER DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. THE SERVICE AND THE SOFTWARE ARE PROVIDED ON AN ``AS IS, AS AVAILABLE'' BASIS.
IN NO EVENT WILL PROVIDER BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE OR DOWNLOADED FROM THE SERVICE, EVEN IF PROVIDER OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, PROVIDER'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Indemnification.
You agree to indemnify, defend and hold harmless Provider, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement by you.
Term; Termination.
This Agreement may be terminated by either party without notice at any time for any reason. The Copyright, Licenses and Idea Submissions, Use of the Service, and Indemnification provisions shall survive any termination of this Agreement.
Trademark Notices.
Quintillion, Quintillion Communications and other names of Provider services and products referenced herein are trademarks or service marks of Provider. Other product, service and company names mentioned herein may be the trademarks or service marks of their respective owners.
Miscellaneous.
This Agreement shall all be governed and construed in accordance with the laws of the State of New York applicable to agreements made and to be performed in New York. You agree that any legal action or proceeding between Provider and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in New York. This site is controlled and operated by Provider from its offices within the United States of America. Provider makes no representation that materials in the site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Any cause of action or claim 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. Provider'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 the parties nor trade practice shall act to modify any provision of this Agreement. Provider may assign its rights and duties under this Agreement to any party at any time without notice to you. _________________ ¹ Service Provider is AT&T Corp., a New York Corporation. ² Copyright © AT&T Corp. 1996. All rights reserved.
