Last Updated: February 2004
1. THIS IS AN AGREEMENT BETWEEN YOU AND Metecom Inc.
This is an agreement ("Agreement") between you and Metecom Inc. Corporation (or, if applicable based on where you
live, one of its affiliates) ("Metecom Inc.").
This Agreement governs your use of any Web site or Web page operated by Metecom Inc. (each, a "Metecom Inc. Web Site," and
collectively, the "Metecom Inc. Web Sites"). You represent that you are
at least 18 years of age and have attained the age of majority in the province,
state or country in which you reside, and any information that you submit is
Metecom Inc. OFFERS THE Metecom Inc. WEB SITES TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THIS AGREEMENT. YOUR USE OF THE Metecom Inc. WEB SITES CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT.
THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY (See Sections 9, 10, and 11); AND AN EXCLUSIVE REMEDY (See Section 10). THESE PROVISIONS FORM AN ESSENTIAL BASIS OF OUR BARGAIN.
2. HOW Metecom Inc. MAY MODIFY THIS AGREEMENT
Metecom Inc. reserves the right to change the terms, conditions, and notices under which it offers the Metecom Inc. Web Sites, including any charges associated with the use of the Metecom Inc. Web Sites. You are responsible for regularly reviewing these terms, conditions and notices, and any additional terms posted on any Metecom Inc. Web Site. Your continued use of the Metecom Inc. Web Sites after the effective date of such changes constitutes your acceptance of and agreement to such changes.
3. ADDITIONAL TERMS
Any Metecom Inc. Web Site may itself contain additional terms (for example, codes of conduct or guidelines) that further govern use of that Metecom Inc. Web Site, including without limitation, particular features or offers (for example, sweepstakes). If any terms contained in this Agreement conflict with any terms contained within a Metecom Inc. Web Site, then the terms in this Agreement shall control.
4. NO COMMERCIAL, UNLAWFUL OR HARMFUL USE OF THE Metecom Inc. WEB SITES
The Metecom Inc. Web Sites are only for your personal use. You will not use the Metecom Inc. Web Sites for commercial purposes. You will not use the Metecom Inc. Web Sites in any way that is unlawful, or harms Metecom Inc., its affiliates, resellers, distributors, service providers and/or suppliers (each, a "Metecom Inc. Party" and collectively, the "Metecom Inc. Parties") or any customer of a Metecom Inc. Party, as determined in Metecom Inc.'s sole discretion. Metecom Inc. may tell you about certain specific harmful uses in a code of conduct or other notices available through a Metecom Inc. Web Site, but has no obligation to do so. You may not use the Metecom Inc. Web Sites in any way that breaches any code of conduct, policy or other notice applicable to the Metecom Inc. Web Sites. Without limiting the generality of this section, you may not use the Metecom Inc. Web Sites in any manner that could damage, disable, overburden, or impair any Metecom Inc. Web Site (or the network(s) connected to any Metecom Inc. Web Site) or interfere with any other party's use and enjoyment of the Metecom Inc. Web Sites.
5. SPAM IS PROHIBITED AND CAUSES DAMAGE; SPAM FILTERING TECHNOLOGY
Without limiting the generality of Section 4, you will not use the Metecom Inc. Web Sites to transmit, either directly or indirectly, any unsolicited bulk e-mail or unsolicited commercial e-mail. You will not use the Metecom Inc. Web Sites in any way that violates the Metecom Inc. Anti-Spam Policy. You may view the Anti-Spam Policy at privacy.Metecom Inc..com/anti-spam. A breach of any part of the Anti-Spam Policy is a breach of this Agreement. Metecom Inc. may use filtering technology or other measures in its efforts to stop unsolicited bulk e-mail and unsolicited commercial e-mail, and if your use of the Metecom Inc. Web Sites includes e-mail related services, then such filtering technology or other measures may block, either temporarily or permanently, some e-mail sent to you through the Metecom Inc. Web Sites even if such e-mail does not violate the Anti-Spam Policy.
6. MATERIALS YOU POST OR PROVIDE; COMMUNICATIONS MONITORING
For materials you post or otherwise provide to Metecom Inc. related to the Metecom Inc. Web Sites (a "Submission"), you grant Metecom Inc. permission to (1) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, translate and reformat your Submission, each in connection with the Metecom Inc. Web Sites, and (2) sublicense these rights, to the maximum extent permitted by applicable law. Metecom Inc. will not pay you for your Submission. Metecom Inc. may remove your Submission at any time. For each Submission, you represent that you have all rights necessary for you to make the grants in this section. To the maximum extent permitted by applicable law, Metecom Inc. may monitor your e-mail, or other electronic communications and may disclose such information in the event it has a good faith reason to believe it is necessary for purposes of ensuring your compliance with this Agreement, and protecting the rights, property, and interests of the Metecom Inc. Parties or any customer of a Metecom Inc. Party.
Your use of any software associated with the Metecom Inc. Web Sites will be governed by the terms and conditions of the end user license agreement ("EULA") accompanying such software. If you receive any software that is not accompanied by a EULA, then Metecom Inc. grants to you a non-exclusive, revocable, personal, non-transferable license to use such software solely in connection with the Metecom Inc. Web Sites and in accordance with this Agreement. Metecom Inc. reserves all rights to such software not expressly granted to you in this Agreement. Such software is protected by copyright and other intellectual property laws and treaties. Metecom Inc. or its suppliers own the title, copyright, and other intellectual property rights in such software, and such software is licensed, not sold. You will not disassemble, decompile, or reverse engineer, such software, except and only to the extent that such activity is expressly permitted by applicable law. Metecom Inc. may automatically check your version of such software and may automatically download upgrades to such software to your computer to update, enhance and further develop the Metecom Inc. Web Sites.
8. INFORMATION AVAILABLE FROM THE Metecom Inc. WEB SITES
Metecom Inc. and its suppliers do not warrant or
guarantee the accuracy or timeliness of any information available from the
Web Sites including stock quotes, even if such information appears in any
e-mail, pager, cell phone or other alerts available through the Metecom Inc. Web
Sites. Metecom Inc. and its suppliers do not authorize
the use of information available from the Metecom Inc. Web Sites including stock
quote or other financial information, for any purpose other than your personal
use, and prohibit to the maximum extent allowable the resale, redistribution,
and use of this information for commercial purposes. Metecom
is not a broker/dealer or registered investment advisor under
9. Metecom Inc. MAKES NO WARRANTY
Metecom Inc. PROVIDES THE Metecom Inc. WEB SITES "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE Metecom Inc. PARTIES MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THE Metecom Inc. PARTIES DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE Metecom Inc. WEB SITES WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT.
10. LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY
IN NO EVENT WILL ANY Metecom Inc. PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE Metecom Inc. WEB SITES, EVEN IF SUCH Metecom Inc. PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER SECTION 10 IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE Metecom Inc. WEB SITES, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY Metecom Inc. PARTY WITH RESPECT TO THIS AGREEMENT OR THE Metecom Inc. WEB SITES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Metecom Inc. WEB SITES.
11. CHANGES TO THE Metecom Inc. WEB SITES; ADDITIONAL LIABILITY LIMITATION
THE Metecom Inc. PARTIES MAY CHANGE THE Metecom Inc. WEB SITES OR DELETE FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON. As you use the Metecom Inc. Web Sites, you should expect to receive, access or use information, materials, graphics, software, data and content (collectively, "Content") originated by Metecom Inc. and persons other than Metecom Inc. (any such person is referred to as a "Third Party"). WITHOUT LIMITING THE GENERALITY OF SECTIONS 9 AND 10, YOU ACKNOWLEDGE AND AGREE THAT THE Metecom Inc. PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (2) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT LIMITING THE GENERALITY OF SECTIONS 9 AND 10, YOU ACKNOWLEDGE AND AGREE THAT Metecom Inc. IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE Metecom Inc. WEB SITES, (2) ANY INCOMPATIBILITY BETWEEN THE Metecom Inc. WEB SITES AND OTHER WEB SITES, SERVICES, SOFTWARE AND HARDWARE, (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE Metecom Inc. WEB SITES IN AN ACCURATE OR TIMELY MANNER, OR (4) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SERVICES AVAILABLE FROM THIRD PARTIES THOUGH LINKS CONTAINED ON THE Metecom Inc. WEB SITES. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN SECTIONS 9, 10 AND 11 OF THIS AGREEMENT APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND ARE NOT INTENDED TO DEPRIVE YOU OF ANY MANDATORY PROTECTIONS PROVIDED TO YOU UNDER APPLICABLE LAW.
12. TERMINATION; ACCESS RESTRICTION
Metecom Inc. may terminate this Agreement, or terminate or suspend your access to the Metecom Inc. Web Sites at any time, with or without cause, with or without notice. Upon such termination or suspension, your right to use the Metecom Inc. Web Sites will immediately cease. UPON SUCH TERMINATION OR SUSPENSION, ANY INFORMATION YOU HAVE STORED ON THE Metecom Inc. WEB SITES MAY NOT BE RETRIEVED LATER.
13. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES
If this Agreement is with Metecom Inc. Corporation,
claims for enforcement, breach or violation of duties or rights under this
Agreement will be adjudicated under the laws of the State of
14. INTERPRETING THE AGREEMENT; ASSIGNMENT
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect. Metecom Inc. may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement, or assign, transfer or sublicense your rights, if any, in the Metecom Inc. Web Sites. Except as expressly stated herein, this Agreement constitutes the entire agreement between you and Metecom Inc. with respect to the Metecom Inc. Web Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Metecom Inc. with respect to the Metecom Inc. Web Sites. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance.
15. YOU HAVE LIMITED TIME TO BRING YOUR CLAIM
YOU AND Metecom Inc. AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE Metecom Inc. WEB SITES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
16. COPYRIGHT AND TRADEMARK NOTICES; OTHER ACKNOWLEDGEMENTS
All contents of the Metecom Inc. Web Sites are Copyright © 2004 Metecom Inc. Corporation and/or its suppliers,
17. OTHER NOTICES
Third Party Account Information
By using the "My Accounts" service through the Metecom Inc. Web Sites, you authorize Metecom Inc. and its agents to access third party sites designated by you or on your behalf, to retrieve information requested by you, and you appoint Metecom Inc. and its agents as your agent for this limited purpose. Each time you enter your account login information, you are permitting Metecom Inc. and its agents to process your request and use information submitted by you to accomplish the foregoing. You will choose a password when registering.
Metecom Inc. offers parental control protections that help you limit access to material that is harmful to minors. If you are interested in learning more about these protections, information is available at http://family.Metecom Inc..com/onlinesafetyguide or other similar sites providing information on parental control protections.
18. NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.