GNAC'S TERMS OF SERVICE
By accepting these additional terms and conditions (the "Terms of Services"), on behalf of your company, its employees, contractors, customers and all other users under your direct or indirect control (collectively "You") agree that Global Networking & Computing, Inc. ("GNAC") is permitted, at its sole discretion, to limit, deny, or create different priorities to different users, or cancel some or all of the functionality of your use of the GNAC facilities and/or equipment (collectively the "System") and/or the associated telecommunications and support (collectively the "Service") at any time, with or without prior written or other notice and you agree that the following applies in all events:
I. User Conduct: While using the System and/or Service, You agree as follows:
(i) NO SPAMMING: You will not post or transmit (or assist others in posting or transmitting any bulk e-mails, advertisements, solicitations, offers for sale of goods or services, chain letters, pyramid schemes, actual or recommended investment opportunities or schemes or other unsolicited commercial communication (hereinafter "SPAM") or otherwise engage in flooding or other bulk communications (by way of example and without limitation, the foregoing means and includes that You will not host a web page referenced in any SPAM, act as a mail relay to relay any SPAM, or host any email address referenced in any SPAM, or sending numerous off-topic USENET articles to inappropriate groups or sending duplicate posts to large numbers of newsgroups);
(ii) NO VIRUSES: You will not post or transmit any information or software which contains a virus, trojan horse, worm or other harmful component, utility, tool, applet or other software (by way of example and without limitation, the foregoing means and includes that You will not provide any software to compromise or to attempt to compromise the security of other sites, to collect email addresses, or to aid in any way in SPAMMING;
(iii) NO HARASSMENT: You will not harass, threaten, embarrass or cause distress or discomfort upon another User, or any other individual or entity;
(iv) NO DISRUPTION: You will not restrict or inhibit any other user from using and enjoying the System or the Service following WRITTEN NOTICE by GNAC informing You of the violation and requesting that you eliminate it;
(v) NO FALSEHOODS: You will not impersonate any other person or entity, including without limitation any GNAC official, or misrepresent your affiliation with any other person or entity;
(vi) NO INTELLECTUAL PROPERTY VIOLATIONS: You will not upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material that is protected by copyright or other proprietary or intellectual property right, or derivative works with respect thereto, without obtaining permission of the copyright owner or rightholder;
(vii) NO PRIVACY VIOLATIONS: You will not upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material that violates or would violate the personal privacy rights of others, including, but not limited to, collecting and distributing information about Internet users without their permission;
(viii) NO OTHER WRONGFUL PUBLICATIONS: You will not upload, post, publish or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, racist, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute illegal activity, give rise to civil liability, or otherwise violate any local, state, national or foreign law, including without limitation the U.S. export laws and regulations.
(ix) NO OTHER WRONGFUL CONDUCT: You will not hack, crack, forge or otherwise wrongfully use any IP or TCP header information, USENET header information, email header information, circumvent user authentication or other security of any host, network, or account on the System or using the Service;
(x) NO OTHER WRONGFUL ATTEMPTS: You will not attempt to do any of the practices or acts prohibited or otherwise restricted by sub-paragraphs i through ix above including without limitation any attempt, in any way, to interfere with, or deny service to, any user or any host on the Internet, including, but not limited to, flood pings, mail bombs, and denial of service attacks.
II. GNAC Conduct: You understand and acknowledge that we have no obligation to monitor any portion of the Service, including without limitation, content posted by you and other Users thereon. You acknowledge and agree, however, that (i) other Users may monitor any content posted or otherwise communicated by you on any public portion of the entire Service, and (ii) we do retain the right to monitor the Service and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Service properly, or to protect itself or its users. We reserve the right to refuse to post or to remove any information or materials, in whole or in part, that, in our sole discretion, we deem unacceptable, undesirable, inappropriate or in violation of these Terms of Service.
III. Disclaimer of Warranties: THE SYSTEM AND SERVICE ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, GNAC SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, INTEROPERABILITY, OR CONTENT OF THE SYSTEM OR SERVICE; AND (ii) AN WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY THE SYSTEM OR THE SERVICE, INCLUDING WITHOUT LIMITATION AS A RESULT OF ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. GNAC DOES NOT WARRANT OR GUARANTEE THAT ALL SYSTEM VERSIONS SHALL BE PROVIDED WITH SIMILAR GRADES AND LEVEL OF SERVICE, FEATURES, FUNCTIONALITY AND THE ABILITY TO USE THE SYSTEM OR THE SERVICE. GNAC DOES NOT WARRANT OR GUARANTEE (1) THAT ANY PROGRAM OR PORTION OF THE SERVICE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; (2) THAT ANY INFORMATION OR OTHER CONTENT PROVIDED BY GNAC OR USERS OF THE SERVICE OR ANY WEB SITE ACCESSED WHILE USING THE SERVICE WILL NOT CONTAIN DEFAMATORY OR ADULT-ORIENTED MATERIAL, OR MATERIAL WHICH SOME INDIVIDUALS MAY DEEM OBJECTIONABLE; OR (3) THAT THE FUNCTIONS OR SERVICES PERFORMED BY GNAC WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SYSTEM AND THE GNAC SERVICE WILL BE CORRECTED. IT IS YOUR SOLE RESPONSIBILITY TO ISOLATE THE SYSTEM AND INFORMATION, EXECUTE ANTI-CONTAMINATION SYSTEM AND OTHERWISE TAKE STEPS TO ENSURE THAT SYSTEM OR OTHER INFORMATION OBTAINED FROM THE SERVICE, IF CONTAMINATED OR INFECTED, WILL NOT DAMAGE YOU, YOUR DATA, OR ANY OF YOUR PROPERTY IN ANY MANNER WHATSOEVER.
IV. Limitation of Liability: IN NO EVENT WILL GNAC, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AFFILIATES, SUCCESSORS OR ASSIGNS, BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, DIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE SYSTEM, SERVICE, VARIOUS DIRECTORIES AND LISTINGS OR ANY OTHER SYSTEM OR OTHER CONTENT INCLUDED AS PART OF THE SERVICE, EVEN IF GNAC SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF ANY OTHER SYSTEM OR OTHER CONTENT INCLUDED AS PART OF THE SERVICE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, GNAC 'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IN NO EVENT WILL GNAC'S
LIABILITY WITH RESPECT TO THE USE OF THE SYSTEM AND SERVICE EXCEED ONE THOUSAND ($1,000) U.S. DOLLARS.
V. Indemnification: By agreeing to use or using the System and/or Service, You agree to defend, indemnify and hold GNAC, its affiliates, officers, directors and employees harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use of the System or Service or the placement or transmission of any message, information, software or other materials through the System or Service by you or users authorized by You or related to any violation of these Terms and Conditions by You or any user authorized by You.
VI. Termination and Effect of Termination: GNAC may, at its sole discretion, terminate the Service or your use of the Service, permanently or temporarily, at any time and without cause. Except as otherwise expressly provided herein, all sections of these Terms of Service which by their nature should survive termination will survive termination, including, without limitation, indemnities, warranty disclaimers, and limitations of liability. Termination is not an exclusive remedy and we reserve all other available remedies in contract, law or equity.
VII. Notices; Copyrights and Claim Agent: GNAC may, at its sole discretion, terminate the accounts of users who infringe others' intellectual property rights. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:
VIII. GENERAL PROVISIONS:
If any part of this agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. GNAC may transfer, assign, delegate, or pledge in any manner whatsoever, any of its rights and obligations under this agreement to a subsidiary, affiliate successor thereof or to any third party whatsoever, without notifying you or receiving your consent. You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under this Agreement.
GNAC may change the Terms and Conditions from time to time and at any time, with or without a release of a new version of the System, with or without notice to you, by posting such changes on the GNAC Web Site (www.gnac.com).
You agree that your continuing to use the System and/or Service for a period of thirty (30) days after such notice has been posted on the GNAC Web Site for the first time shall constitute your consent to the new or revised set of Terms and Conditions.
You agree to abide by U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any content or any software subject to restrictions under such laws to a national destination prohibited under such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload any data or software that cannot be exported out of the United States without prior written government authorization, including but not limited to, certain types of encryption software. The above assurance and commitment shall survive termination of this Agreement.
You agree that the laws of the State of California, excluding its conflicts-of-law rules, shall govern this Agreement. You agree that use of the System as well as the Service may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with GNAC or relating in any way to your use of the System or the Service resides in the courts of the State of California, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of California, in connection with any such dispute and including any claim involving GNAC or its affiliates, subsidiaries, employees, contractors, officers, directors, tele-communication providers and content providers. Except where injunctive relief is sought pending arbitration, all disputes and disagreements shall be resolved by binding arbitration before a neutral retired judge appointed by the American Arbitration Association in San Francisco, California and the decision of the arbitrator shall be final and binding on all parties and it may be entered in any federal or state court of competent jurisdiction in the State of California.