Expresssystems &
Communications, LLC
(hereby called "The Service Provider") is an on-line listing of personal
and business World Wide Web pages, Software Development and Internet
Technology. The use of The Service Provider is subject to the following
terms and conditions.
Expresssystems & Communications, LLC. 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 FAQ site and 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.
SUBSCRIBER LICENSING
AGREEMENT
BY USING THE INTERNET ACCESS
OR WEBHOSTING OFFERED BY Expresssystems & Communications, LLC
INTERNET SERVICES OR OPENING THIS PACKAGE, YOU ARE CONSENTING TO BE BOUND
BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THE TERMS OF THIS AGREEMENT,
DO NOT USE THE
INTERNET ACCESS OFFERED BY Expresssystems & Communications, LLC
INTERNET SERVICES OR RETURN THE PRODUCT TO THE PLACE OF PURCHASE FOR A
FULL REFUND. THE SOFTWARE AND DOCUMENTATION ARE PROVIDED FOR USE ONLY (I)
WITH THE INTERNET ACCESS SERVICE INITIALLY OFFERED BY Expresssystems
& Communications, LLC INTERNET
SERVICES IN CONJUNCTION WITH THE DISTRIBUTION OF THE SOFTWARE AND
DOCUMENTATION AND (II) IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. NO
RIGHT OR
LICENSE IS GRANTED TO USE THE SOFTWARE OR DOCUMENTATION WITH ANY OTHER
INTERNET ACCESS.
GRANT.
Expresssystems &
Communications, LLC INTERNET SERVICES (“ Expresssystems & Communications,
LLC”) hereby grants you a
non-exclusive, non-transferable, limited license to access the Internet
through Expresssystems & Communications, LLC’s network and a non-exclusive license to
use its accompanying software product (“Software”) and accompanying
documentation on the following terms:
You may:
(i) use the Software only with
the Internet service initially offered by Expresssystems &
Communications, LLC in conjunction with the distribution of the Software
and Documentation (“ Expresssystems & Communications, LLC’s Internet Services”) with which it is bundled;
(ii) use the Software on any
single computer, (iii) use the Software on a second computer so long as
the first and second computers are not used simultaneously; or (iv) copy
the Software for archival purposes, provided any copy must contain all the
original Software’s proprietary notices.
You may not:
(i) use the Software or
Documentation in conjunction with any Internet access or other network
service, other than Expresssystems & Communications, LLC’s Internet Services;
(ii) permit other individuals
to use the Software except under the terms above;
(iii) modify, translate,
reverse engineer, decompile, disassemble (except to the extent applicable
laws specifically prohibit such restriction), or create derivative works
based on the Software or Documentation; (iv) copy the Software or
Documentation (except for back-up purposes); (v) rent, lease, transfer or
otherwise transfer rights to the Software or Documentation; or (vi)
remove any proprietary notices or labels on the Software or Documentation.
TITLE.
Title,
ownership rights, and intellectual property rights in and to the Software
and Documentation shall remain with Expresssystems & Communications,
LLC and/or its
suppliers. The Software is protected by the copyright laws of the United
States and
international copyright treaties. Title, ownership rights, and
intellectual property rights in and to the content accessed through the
Software or through Expresssystems & Communications, LLC’s Internet Services is the
property of the applicable content
owner and may be protected by applicable copyright or other law. This
License gives you no rights to such content.
You retain any rights you may have to data posted by you to the Internet.
NO ASSIGNMENT.
The benefits or rights
conferred by this agreement are non-transferable and non-assignable. The
connectivity provided is expressly
limited to you. Resale or use of this connection by other person or
persons is prohibited.
BILLING FOR ALL ACCOUNTS.
Expresssystems
& Communications, LLC will accept credit card, check, and cash payments for
services. Accounts are billed in advance at the beginning of each accounts
physical month. Credit cards will be charged on or around the 1st day
of each accounts renewal for any accounts that are to be paid by credit
card. You will be notified on or around the 5 day after the billing if
your credit card was declined for any reason. Expresssystems &
Communications, LLC
will send a friendly reminder via email to all customers who have a
balance due after 5 days. Payments are due on the date of renewal. All
accounts with a balance after 15 days will be charged a $10 late fee and suspended.Accounts will be reactivated when payment is made in full. Any
accounts with a 45-day
balance will be closed and sent to collections.
You agree to pay Expresssystems & Communications, LLC all charges relating to use of
your account(s) according to rates and prices published online at the time
of use. You are
responsible for charges from the application date until the account is
closed
and Expresssystems & Communications, LLC may apply the amount due to
your credit card at any time. You are solely responsible for informing
Expresssystems & Communications, LLC of all new customer contact and
billing information including new expiration dates on your listed credit
card, no remaining credit on the credit account, new credit card numbers,
address and phone number changes. Expresssystems &
Communications, LLC will however send an email reminder to you if your
credit card expires in an ensuing month. You are solely responsible for
notifying Expresssystems & Communications, LLC if you would like to
cancel your account. Charges will continue to accrue until notice is
given. You are responsible for payment through the end of the cancellation
month. Expresssystems & Communications, LLC will charge an additional fee per invoice
if you request invoices by U.S. mail.
CHARGES.
Charges for
Expresssystems & Communications, LLC’s Internet Services shall be as stated in the
Internet Service Application, or as otherwise agreed in writing by the
parties, and shall be payable by you commencing no later than one business
day
after receipt of application by Expresssystems & Communications,
LLC.
All pre-paid plans are non-refundable. All pre-paid price plans are
treated as debit accounts; you are set up with a credit for indicated
number of months. The fee paid assumes that you do not use hours beyond
those supplied by
your price plan and do not incur any additional service charges to your
account. If you do incur any charges, this amount will be applied to your
balance. When your balance reaches $0.00, the package is terminated,
regardless of the length of time to reach that balance. All listed charges
are exclusive of sales, use and other taxes, which are your
responsibility.
ADDITIONAL CHARGES. Expresssystems & Communications, LLC will charge $35 for all
returned checks. A service charge of $10.00 will be assessed on late
payments. You are liable for any and all attorney fees, court costs, and
collection agency fees or
commissions if Expresssystems & Communications, LLC has to resort to
these methods in order to collect debts owed to Expresssystems &
Communications, LLC. You agree to pay Expresssystems &
Communications, LLC its reasonable expenses, including attorney fees,
incurred in enforcing its rights under this Agreement.
Unsolicited Email.
You agree
to pay a fine of $500 for flagrant disregard of allowable use policies
including sending unsolicited commercial email, spam, or via discussion
groups whose charter
does not explicitly allow advertisements. It is at Expresssystems &
Communications, LLC’s sole discretion what constitutes such flagrant disregard of
allowable use.
RELATED CHARGES.
You are responsible for any
local or long distance
phone charges accrued in connecting to Expresssystems &
Communications, LLC. You are responsible for equipment, including computer
hardware and software, used in connecting to Expresssystems &
Communications, LLC.
LIMITED WARRANTY. Expresssystems & Communications, LLC warrants that for a period of
ninety (90) days
from the date of acquisition, the Software, if operated as directed, will
substantially achieve the functionality described in the Documentation.
Expresssystems & Communications, LLC does not warrant, however, that your use of the
Software will be uninterrupted or that the operation of the Software will
be error-free or secure and hereby
disclaims any and all liability on account thereof. In addition, the
security
mechanism implemented by the Software has inherent limitations, and you
must determine that the Software sufficiently meets your requirements.
Expresssystems & Communications, LLC
also warrants that the media containing the Software, if provided by
Expresssystems & Communications, LLC, is
free from defects in material and workmanship and will so remain for
ninety
(90) days from the date you acquired the Software. Expresssystems &
Communications, LLC’s sole liability for
any breach of this warranty shall be, in Expresssystems &
Communications, LLC’s sole
discretion: (i) to replace
your defective media; or (ii) to advise you how to achieve substantially
the same functionality with the Software as described in the Documentation
through a procedure different from that set forth in the Documentation.
Repaired, corrected, or replaced Software and Documentation shall be
covered by this limited warranty for the period remaining under the
warranty
that covered the original Software, or if longer, for thirty (30) days
after the date (a) of shipment to you of the repaired or replaced
Software, or (b) Expresssystems & Communications, LLC advised you how to operate the
Software so as to achieve the functionality
described in the Documentation. Only if you inform Expresssystems &
Communications, LLC of your problem
with the Software during the applicable warranty period and provide
evidence of the date you acquired the Software will Expresssystems &
Communications, LLC be obligated to honor this warranty.
Expresssystems & Communications, LLC will use
reasonable commercial efforts to repair, replace, advise or refund
pursuant to the foregoing warranty within 30 days of being so notified.
This is a limited warranty and it is the only warranty or condition made
by Expresssystems & Communications, LLC. Expresssystems &
Communications, LLC makes no other
express warranty or condition and there is no warranty or condition of
non-infringement of third parties’ rights. The duration of implied
warranties or conditions, including without limitation, warranties or
conditions of merchantability and of fitness for a particular purpose, is
limited to the above warranty period; some states do not allow limitations
on how long an implied warranty lasts, so limitations may not apply to
you. No dealer, agent, or employee of Expresssystems &
Communications, LLC is authorized to make any modifications, extensions,
or additions to this warranty. No warranty is made by or on behalf of any
supplier of Expresssystems & Communications, LLC. If any modifications are made to the Software
by you during the warranty period; if the media is subjected to accident,
abuse or improper use; or if you violate the terms of this Agreement, then
this warranty shall be immediately terminated. This warranty shall not
apply if the Software is used on or in conjunction with hardware or
software other than the unmodified version of hardware and Software with
which the
Software was designed to be used as described in the Documentation. This
warranty gives you specific legal rights, and you may have other legal
rights which vary from state to state or by jurisdiction.
LIMITATION OF LIABILITY. Expresssystems & Communications, LLC exercises no control
whatsoever over the
content of the information accessed through Expresssystems &
Communications, LLC’s
Internet Services.
Expresssystems & Communications, LLC’s Internet Services are provided on an “as-is,
as-available” basis,
without warranty of any kind, expressed or implied, including, but not
limited to, the warranties of performance, merchantability and fitness for
a particular purpose. Expresssystems & Communications, LLC and/or contributors shall
have no liability whatsoever to you
for any claim(s) relating in any way to (i) your inability or failure to
perform research or related work or to work properly or completely, or
(ii) any lost profits or consequential, exemplary, incidental, indirect or
special damages
relating in whole or in part to your rights hereunder or use of, or
inability to use, Expresssystems & Communications, LLC’s Internet
Services. Expresssystems & Communications, LLC will not be responsible for any damage suffered by you,
including, but not limited to, loss of data resulting from delays,
non-deliveries, mis-deliveries, or service interruptions caused by its
own negligence or your errors or omissions. Use of any information
obtained via Expresssystems & Communications, LLC’s Internet
Services is at your sole risk. Expresssystems & Communications, LLC
specifically disclaims any responsibility for the accuracy or quality of
information obtained through Expresssystems & Communications, LLC’s Internet Services.
Under no circumstances and under no legal theory, tort, contract, or
otherwise, shall Expresssystems & Communications, LLC or its suppliers or resellers be
liable to you or any other person for any indirect, special, incidental,
or consequential damages
of any character including, without limitation, damages for loss of
goodwill, work- stoppage, computer failure or malfunction, or any and all
other commercial damages or losses, or for any damages in excess of
Expresssystems & Communications, LLC’s list
price for a license to the Software and Documentation, even if
Expresssystems & Communications, LLC shall
have been informed of the possibility of such damages, or for any claim by
any other party. This limitation of liability shall not apply to liability
for death or personal injury to the extent applicable law prohibits such
limitation. Furthermore, some states do not allow the exclusion or
limitation of incidental or consequential damages, so this limitation and
exclusion may
not apply to you.
ALLOWABLE USE. Expresssystems & Communications, LLC’s Internet Services may only be
used for lawful
purposes. Transmission of any material in violation of any federal or
state statute or 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 secret. The posting
of copyrighted software without proper authorization (commonly referred to
as Warez) and/or the posting of software
access codes (commonly referred to as Cracks) will be cause for account
cancellation with forfeiture of prepaid fees. You agree to indemnify and
hold harmless Expresssystems & Communications, LLC from any
claims resulting from your use of Expresssystems & Communications,
LLC service.
Commercial advertising is an accepted and welcome use of the Internet.
However, there are appropriate and inappropriate places for Internet
advertising. Unsolicited commercial advertisements are not allowed in
email, and will result in account suspension or cancellation and fines as
stated in Additional Charges.
Commercial advertisements are unwelcome in most Usenet discussion groups
and on most email mailing lists. Inappropriate posting may result in
account suspension or cancellation. See the newsgroup or mailing list's
charter for whether advertising is allowed or not. "Spamming," or sending
a message to many different off-topic newsgroups, is particularly
unacceptable
and will be treated as such. Sending a message, especially an
advertisement, to more than five or six recipients, is by itself spamming
unless the individuals have specifically requested to be added to a
mailing list on that topic. Email is a person-to-person medium, not a
broadcast medium.
You agree to abide by Expresssystems & Communications, LLC’s
policies concerning use of Expresssystems & Communications, LLC’s Internet
Services. Unsolicited advertisements via email, or via discussion groups
whose charter does not explicitly allow advertisements, is specifically
not an allowable use. Expresssystems & Communications, LLC reserves the right to
suspend access to service for your
account(s) upon an indication of disallowed use or credit problems
including delinquent payments or rejection of credit card charges.
Residential and Business dialup accounts are for individual use only.
Simultaneous logins on one account are not allowed. Any account with
simultaneous logins may be suspended and subject to a suspension fee as
outlined in this Agreement. If
an account is suspended twice, it will be closed permanently.
RESPONSIBILITY FOR ACCOUNT USE. You are responsible for all use of your
account(s) and confidentiality of password(s). Expresssystems &
Communications, LLC
will suspend or change access upon notification that your password has
been stolen, lost or
otherwise possibly compromised. Expresssystems & Communications, LLC is not
responsible for your personal
files residing online on Expresssystems & Communications, LLC-owned and controlled
computers. You shall be
responsible for independent backup of your data stored online. You shall
be responsible for all access to and use of Expresssystems &
Communications, LLC’s
Internet Services by your personnel or by means of your equipment, whether
or not you have
knowledge of or authorize such access or use If subscriber is less than
18 years of age, the application must be signed and
these terms agreed to by a parent or legal guardian, who is responsible
for all charges related to the use of subscriber’s account(s).
UNAUTHORIZED USE OF ACCOUNT. Expresssystems & Communications, LLC will strongly react
to any use or
attempted use of an Internet account or computer without the owner's
authorization. Such attempts include "social engineering" (tricking other
people into releasing their passwords), password cracking, security hole
scanning, denial-of-service attacks (ping-flooding, sending packets with
an illegal packet size, UDP flooding, half-open TCP connection flooding,
etc.)
and the like.
Harassment or abusive use of email and other Internet services is a rare
but serious misuse of Internet resources. Expresssystems &
Communications, LLC will
handle incidents of harassment on a case-by-case basis, consulting with
all parties involved.
Any unauthorized use of accounts or computers by a Expresssystems &
Communications, LLC customer,
whether or not the attacked account or computer belongs to
Expresssystems & Communications, LLC, will result
in action against the attacker. Possible actions include warnings, account
suspension or cancellation, and legal action, according to the seriousness
of the attack.
EMAIL PRIVACY. Electronic mail passes through multiple mail servers on the
Internet as it passes from source to destination. One can never be
guaranteed privacy from every possible mail server; therefore, someone
seeking total privacy should use some encryption scheme to render their
messages unreadable by eavesdroppers. With regards to Expresssystems
& Communications, LLC's mail
servers, Expresssystems & Communications, LLC places a high value on privacy, and will
only examine users'
mail when absolutely required, for example when troubleshooting email
delivery problems or being presented with a search warrant for the
information.
ILLEGAL MATERIAL. Expresssystems & Communications, LLC bears certain legal liabilities
for the use of its
computer network and equipment. As such Expresssystems &
Communications, LLC must
require that its
customers do not use Expresssystems & Communications, LLC's network for illegal
purposes. When presented
with a search warrant, Expresssystems & Communications, LLC is obligated to release
any information named
therein, and will cooperate with the authorities in any criminal
investigation of inappropriate Internet usage.
However, Expresssystems & Communications, LLC recognizes that the legal status of the
Internet has not yet
been resolved satisfactorily, either through legislation or court
precedent.
Therefore Expresssystems & Communications, LLC must make certain decisions regarding
the illegality of
various specific actions. Among the actions Expresssystems &
Communications, LLC
considers illegal and
therefore not allowed on its network are: unauthorized distribution of
copyrighted material; exploitation of minors; and unauthorized use of
computer resources. Expresssystems & Communications, LLC believes that the First
Amendment rights of free
speech, freedom of the press, and freedom of association apply to the
Internet to the same degree as they do to print media, and that any
attempt to infringe upon those rights is void of legitimacy.
WEB SERVICE. Expresssystems & Communications, LLC includes Web service with
residential service and
hosts commercial web pages for a fee. In all cases, the Web pages reside
on Expresssystems & Communications, LLC’s computer equipment, giving
Expresssystems & Communications, LLC some ethical responsibility for the
content of such pages. Expresssystems & Communications, LLC will handle potentially inappropriate Web
pages on a case-by-case basis. Examples of inappropriate information
include downloadable virus code and obscenity.
Personal Web space may not be used for purposes that can be deemed as an
attempt to sell a product or service. Expresssystems &
Communications, LLC separately
offers commercial Web hosting.
Domain name service is an additional service if that is desired. You are
responsible to domain name registration authorities for any fees they may
charge.
Expresssystems & Communications, LLC grants you a non-exclusive, nontransferable,
limited license to store
documents on a Expresssystems & Communications, LLC Internet World Wide Web server,
and to use the server
at burst bandwidth speeds up to Expresssystems & Communications, LLC’s full capacity.
Sustained average
bandwidth usage, as measured by Expresssystems & Communications, LLC, over the course
of any seven (7)
days shall not exceed 64 kilobits per second (kbps). Expresssystems
& Communications, LLC shall notify you if
this limit is exceeded, after which you have two (2) weeks to lower the
bandwidth usage or incur an additional charge of $100 per month per 64Kbps
of sustained average bandwidth usage.
The term "Bandwidth" is defined as: The total additive amount of data
downloaded
from sites on Expresssystems & Communications, LLC's servers that comprise a single
billing group. For billing
purposes, this is generally considered to be monthly.
TERM AND TERMINATION. This Agreement shall become effective on the
date the service application is entered into Expresssystems &
Communications, LLC’s
system (no later than the
end of one business day after receipt of application).
Expresssystems & Communications, LLC, at its sole
discretion, may terminate this Agreement immediately or suspend your
access to the service upon any breach of this Agreement by you.
You are responsible for notifying Expresssystems & Communications,
LLC of your wish to
terminate your
account, if so desired. Charges will continue to accrue until your
notification
to Expresssystems & Communications, LLC of account termination, or until your account
is suspended due to
late payment. After 60 days of nonpayment, Expresssystems &
Communications, LLC will
close your account;
you will then be required to re-subscribe according to policies in effect
at that
time in order to continue service.
Termination Policy.
If you
terminate your receipt of the Services prior to the end of the Initial
Term or the Renewal Term, whichever is then applicable, (a) Express
Systems will not refund to you any fees paid in advance of such
termination and (b) you shall be required to pay 100% of Express
Systems's standard monthly charge for each month remaining in the term,
unless otherwise expressly provided in this Agreement. Notwithstanding
the foregoing, if you terminate your receipt of Shared Hosting Services
prior to the end of the first thirty (30) days of the Initial Term, you
are entitled to a refund of the fees you paid in advance for the monthly
Services, not including any set-up fees. Your termination request
or notice must be submitted to Express Systems in the manner described in
Section 1.1. Express Systems may terminate this Agreement at any time
and for any reason by providing to you written notice thirty (30)
days prior to the date of termination. If Express Systems terminates this
Agreement, Express Systems will refund to you the prorata portion of
pre-paid fees attributable to Services (excluding set-up fees) not yet
rendered as of the termination date unless otherwise expressly provided in
this Agreement.
Licenses granted hereunder will terminate automatically if you fail to
comply with the limitations described herein. On termination, you must
destroy all copies of the Software and Documentation.
EXPORT CONTROLS.
None of the
Software or underlying information or technology may be downloaded or
otherwise exported or reexported (i) into
(or to a national or resident of) Cuba, Iraq, Libya, North Korea,
Yugoslavia, Iran, Syria or any country to which the U.S. has embargoed
goods; or (ii) to anyone on the U.S. Treasury Department’s list of
Specially Designated
Nationals or the U.S. Commerce Department’s Table of Denial Orders. By
downloading or using the Software, you are agreeing to the foregoing and
you are representing and warranting that you are not located in, under the
control
of, or a national or resident of any such country or on any such list. In
addition, if the licensed Software is identified as a not-for-export
product (for example, on the box, media or on the installation process),
then the
following applies: except for export to Canada for use in Canada by
Canadian citizens, the Software and any underlying technology may not be
exported outside the United States or to any foreign entity or “foreign
person” as
defined by U.S. Government regulations, including without limitation,
anyone who is not a citizen, national or lawful permanent resident of the
United States. By downloading or using the Software, you are agreeing to
the foregoing and you are warranting that you are not a “foreign person”
or under the control of a foreign person.
EFFECT OF AGREEMENT.
This
Agreement (which shall include the current and future Schedules hereto)
represents the complete agreement concerning
this license between the parties and supersedes all prior agreements and
representations between them. The acceptance of any purchase order placed
by you is expressly made conditional on your assent to the terms set forth
herein, and not those contained in your purchase order.
MODIFICATION OF TERMS
AND CHARGES.
Expresssystems
& Communications, LLC reserves the right to change rates or otherwise modify
provisions of this Agreement by notifying
you at least thirty (30) days before the effective date of the change, by
written or online notice. Your use of Expresssystems &
Communications, LLC’s Internet
Services after such notice shall constitute your acceptance of the
modifications to this Agreement.
FORCE MAJEURE.
Expresssystems
& Communications, LLC’s performance hereunder is subject to interruption and
delay due to causes beyond its reasonable control such as acts of God,
acts of any government, war or other hostility, civil disorder, the
elements, fire, explosion, power failure, equipment failure, industrial or
labor disputes, inability to obtain necessary supplies and the like.
SEVERABILITY.
If any
provision of this Agreement is held to be unenforceable for any reason,
such provision shall be reformed only to the
extent necessary to make it enforceable, and all other provisions are
unaffected.
NOTICES.
Except as
otherwise provided herein, all notices hereunder shall be given in writing
as follows:
Expresssystems & Communications, LLC
14 Molter Place
Bloomfield, NJ 07003
GOVERNING LAW.
This
Agreement shall be governed by and construed under the laws of the state
of New Jersey, except as governed by Federal law.
The application of the United Nations Convention of Contracts for the
International Sale of Goods is expressly included.
WAIVER.
Failure of
any party to enforce any provision of this Agreement shall not constitute
or be construed as a waiver of such provision or of the right to enforce
such provision.
U.S. GOVERNMENT RESTRICTED RIGHTS. Use, duplication or disclosure
of Software and Documentation by the Government is subject to restrictions
set forth in subparagraphs (a) through (d) of the Commercial
Computer-Restricted Rights clause at FAR 52.227-19 when applicable, or in
subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer
Software clause at DFARS 252.227-7013, or at 252.211-7015, and in similar
clauses in the NASA FAR Supplement.
