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Terms and
Conditions
Last Update 04/29/02
Mainstay
Technologies
(hereby called "The Service Provider") is an on-line listing of
personal and business World Wide Web pages. Mainstay Technologies maintains
The Service Provider as a service to the Internet community. The use of The
Service Provider is subject to the following terms and conditions.
Mainstay Technologies 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 page and Accepted Purposes and Uses page within The Service
Provider's website. 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 MAINSTAY TECHNOLOGIES
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 MAINSTAY TECHNOLOGIES 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 MAINSTAY TECHNOLOGIES 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. MAINSTAY TECHNOLOGIES INTERNET SERVICES (“MAINSTAY TECHNOLOGIES”)
hereby grants you a non-exclusive, non-transferable, limited license to access
the Internet through MAINSTAY TECHNOLOGIES' 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 MAINSTAY TECHNOLOGIES in conjunction with the distribution of the Software
and Documentation (“Mainstay Technologies' 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 Mainstay Technologies'
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 MAINSTAY TECHNOLOGIES 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 Mainstay Technologies' 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. MAINSTAY TECHNOLOGIES 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. MAINSTAY TECHNOLOGIES
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 MAINSTAY TECHNOLOGIES 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 MAINSTAY TECHNOLOGIES may apply the amount due to your credit card
at any time. You are solely responsible for informing MAINSTAY TECHNOLOGIES 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. MAINSTAY
TECHNOLOGIES will however send an email reminder to you if your credit card
expires in an ensuing month. You are solely responsible for notifying MAINSTAY
TECHNOLOGIES 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. MAINSTAY TECHNOLOGIES will charge an additional
fee per invoice if you request invoices by U.S. mail.
CHARGES. Charges for Mainstay Technologies' 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 MAINSTAY TECHNOLOGIES.
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. MAINSTAY TECHNOLOGIES will charge $25 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 MAINSTAY TECHNOLOGIES has to resort to these methods in
order to collect debts owed to MAINSTAY TECHNOLOGIES. You agree to pay
MAINSTAY TECHNOLOGIES its reasonable expenses, including attorney fees,
incurred in enforcing its rights under this Agreement.
You are responsible for changing or calling MAINSTAY TECHNOLOGIES Technical
Support for assistance with changing your dialer to one of our local access
numbers when you are in our local access area. Extra email address accounts
are for email use only. They may not be used to access the Internet. 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 MAINSTAY
TECHNOLOGIES’ sole discretion what constitutes such flagrant disregard of
allowable use. Residential customers will receive an invoice via email
monthly. Any changes in accounts may be subject to a change fee.
RELATED CHARGES. You are responsible for any local or long distance phone
charges accrued in connecting to MAINSTAY TECHNOLOGIES. You are responsible
for equipment, including computer hardware and software, used in connecting to
MAINSTAY TECHNOLOGIES.
LIMITED WARRANTY. MAINSTAY TECHNOLOGIES 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.
MAINSTAY TECHNOLOGIES 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. MAINSTAY TECHNOLOGIES also warrants that the media containing
the Software, if provided by MAINSTAY TECHNOLOGIES, is free from defects in
material and workmanship and will so remain for ninety (90) days from the date
you acquired the Software. MAINSTAY TECHNOLOGIES’ sole liability for any
breach of this warranty shall be, in MAINSTAY TECHNOLOGIES’ 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) MAINSTAY TECHNOLOGIES advised you how to operate the Software
so as to achieve the functionality described in the Documentation. Only if you
inform MAINSTAY TECHNOLOGIES of your problem with the Software during the
applicable warranty period and provide evidence of the date you acquired the
Software will MAINSTAY TECHNOLOGIES be obligated to honor this warranty.
MAINSTAY TECHNOLOGIES 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
MAINSTAY TECHNOLOGIES. MAINSTAY TECHNOLOGIES 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 MAINSTAY
TECHNOLOGIES is authorized to make any modifications, extensions, or additions
to this warranty. No warranty is made by or on behalf of any supplier of
MAINSTAY TECHNOLOGIES. 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. MAINSTAY TECHNOLOGIES exercises no control whatsoever
over the content of the information accessed through Mainstay Technologies'
Internet Services. Mainstay Technologies' 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. MAINSTAY TECHNOLOGIES
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,
Mainstay Technologies' Internet Services. MAINSTAY TECHNOLOGIES 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, service
interruptions, lack of domain registration, lack of domain management, failure
to perform caused by its own negligence or your errors or omissions. Use of
any information obtained via Mainstay Technologies' Internet Services is at
your sole risk. MAINSTAY TECHNOLOGIES specifically disclaims any
responsibility for the accuracy or quality of information obtained through
Mainstay Technologies' Internet Services.
Under no circumstances and under no legal theory, tort, contract, or
otherwise, shall MAINSTAY TECHNOLOGIES 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
MAINSTAY TECHNOLOGIES’ list price for a license to the Software and
Documentation, even if MAINSTAY TECHNOLOGIES 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. Mainstay Technologies' 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 MAINSTAY TECHNOLOGIES from any claims resulting
from your use of MAINSTAY TECHNOLOGIES service.
All Unix shell accounts provided by MAINSTAY TECHNOLOGIES may only be used
interactively while dialed in. They may not be used to run processes
unattended or while not dialed in including, but not limited to, any IRC bot,
cron job, or screen.
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 MAINSTAY TECHNOLOGIES’ policies concerning use of
Mainstay Technologies' Internet Services. Unsolicited advertisements via
email, or via discussion groups whose charter does not explicitly allow
advertisements, is specifically not an allowable use. MAINSTAY TECHNOLOGIES
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.
UNLIMITED ACCESS. Unlimited dial-up accounts have no hourly charges when the
account holder is wholly and exclusively engaged in personal, interactive
Internet access. Personal, interactive use is approximated by MAINSTAY
TECHNOLOGIES at 320 hours per month. Accounts may not be used for automated,
unsupervised use of the Internet or simultaneous connections by multiple
people. Accounts may not be kept connected with a keep-alive of any sort, such
as setting an email program to check mail periodically unattended. MAINSTAY
TECHNOLOGIES may disconnect dial-up connections after extended periods of
inactivity or unauthorized use.
RESPONSIBILITY FOR ACCOUNT USE. You are responsible for all use of your
account(s) and confidentiality of password(s). MAINSTAY TECHNOLOGIES will
suspend or change access upon notification that your password has been stolen,
lost or otherwise possibly compromised. MAINSTAY TECHNOLOGIES is not
responsible for your personal files residing online on MAINSTAY
TECHNOLOGIES-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 Mainstay Technologies' 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. MAINSTAY TECHNOLOGIES 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. MAINSTAY TECHNOLOGIES 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 MAINSTAY
TECHNOLOGIES customer, whether or not the attacked account or computer belongs
to MAINSTAY TECHNOLOGIES, 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.
LIMITATIONS ON RESOURCE USAGE. MAINSTAY TECHNOLOGIES reserves the right to
impose limits on the total amount of disk space and other resources available
for your use on MAINSTAY TECHNOLOGIES-operated computers. Dial-up account
users are subject to a limit of 5MB of disk space for all their disk usage,
including incoming mail files and personal Web pages. MAINSTAY TECHNOLOGIES
reserves the right to remove files that exceed this limit. MAINSTAY
TECHNOLOGIES reserves the right to delete without notice personal files that
have not been accessed for more than one month.
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 MAINSTAY TECHNOLOGIES' mail servers,
MAINSTAY TECHNOLOGIES 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. MAINSTAY TECHNOLOGIES bears certain legal liabilities for
the use of its computer network and equipment. As such MAINSTAY TECHNOLOGIES
must require that its customers do not use MAINSTAY TECHNOLOGIES' network for
illegal purposes. When presented with a search warrant, MAINSTAY TECHNOLOGIES
is obligated to release any information named therein, and will cooperate with
the authorities in any criminal investigation of inappropriate Internet usage.
However, MAINSTAY TECHNOLOGIES recognizes that the legal status of the
Internet has not yet been resolved satisfactorily, either through legislation
or court precedent. Therefore MAINSTAY TECHNOLOGIES must make certain
decisions regarding the illegality of various specific actions. Among the
actions MAINSTAY TECHNOLOGIES considers illegal and therefore not allowed on
its network are: unauthorized distribution of copyrighted material;
exploitation of minors; and unauthorized use of computer resources. MAINSTAY
TECHNOLOGIES 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. MAINSTAY TECHNOLOGIES includes Web service with residential
service and hosts commercial web pages for a fee. In all cases, the Web pages
reside on MAINSTAY TECHNOLOGIES’ computer equipment, giving MAINSTAY
TECHNOLOGIES some ethical responsibility for the content of such pages.
MAINSTAY TECHNOLOGIES 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. MAINSTAY TECHNOLOGIES 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.
MAINSTAY TECHNOLOGIES grants you a non-exclusive, nontransferable, limited
license to store documents on a MAINSTAY TECHNOLOGIES Internet World Wide Web
server, and to use the server at burst bandwidth speeds up to MAINSTAY
TECHNOLOGIES’ full capacity. Sustained average bandwidth usage, as measured
by MAINSTAY TECHNOLOGIES, over the course of any seven (7) days shall not
exceed 64 kilobits per second (kbps). MAINSTAY TECHNOLOGIES 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 Mainstay Technologies' servers that comprise a
single billing group. For billing purposes, this is generally considered to be
monthly.
The term "Unlimited Bandwidth" implies that the data transfer is not
charged on a metered basis so long as it remains within reasonable
expectations. Mainstay Technologies considers 10 Gigabytes a reasonable
expectation for its servers. Accounts whose total Bandwidth is in excess of
this expectation will be addressed on an individual basis. (see (Abuse of
Unlimited Traffic")
Abuse of Unlimited Traffic:
Mainstay Technologies' customers are privileged to be offered unlimited
traffic for their web sites. The intention of Mainstay Technologies is to
provide a large space to serve web documents, not an offsite storage area for
electronic files. All (90%) of your web pages (html) must be 'linked' with
files (.GIF, .JPEG, etc.) stored on Mainstay Technologies' server. Web sites
that are found to contain either/or no html documents, a large number of
unlinked files are subject to warning, suspension or cancellation at the
discretion of Mainstay Technologies management. Any customer who violates
Mainstay Technologies' Policies in abusing site transfer will be notified and
given 2 days to remedy the problem. If the problem is not resolved within the allotted
2 day period, the client will be billed for the overages.
To maintain the integrity of our service the following limitations apply:
Sites with Banners, graphics or cgi scripts running from their domain used on
other domains. Sites with picture galleries (This is any site where 50% of the
files transferred are graphics) Sites offering download files or archives.
(This is any site where 50% or more of their monthly traffic is from file
downloads)
Sites using more than 30% of system resources
For
"Standard" and "WebConcourse" accounts, traffic will go
unmonitored until you reach 1gb per month. Thereafter, normal data transfer
cost of $20.00/10GB/month will be billed to your account. For
"WebMax" accounts,
traffic will go unmonitored until you reach 10gb per month. Thereafter, normal
data transfer cost of $20.00/10GB/month will be billed to your account.
Mainstay Technologies will be the sole arbiter as to what constitutes a
violation of this
provision.
TERM AND TERMINATION. This Agreement shall become effective on the date the
service application is entered into MAINSTAY TECHNOLOGIES’s system (no later
than the end of one business day after receipt of application). MAINSTAY
TECHNOLOGIES, 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 MAINSTAY TECHNOLOGIES of your wish to
terminate your account, if so desired. Charges will continue to accrue until
your notification to MAINSTAY TECHNOLOGIES of account termination, or until
your account is suspended due to late payment. After 60 days of nonpayment,
MAINSTAY TECHNOLOGIES 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.
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. MAINSTAY TECHNOLOGIES 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 Mainstay Technologies' Internet Services after
such notice shall constitute your acceptance of the modifications to this
Agreement.
FORCE MAJEURE. MAINSTAY TECHNOLOGIES’ 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:
MAINSTAY TECHNOLOGIES : MAINSTAY TECHNOLOGIES INTERNET SERVICES
P.O. Box 17464
Greenville, SC 29606
GOVERNING LAW. This Agreement shall be governed by and construed under the
laws of the state of South Carolina, 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.
View
Accepted Uses and Content · View
Email Policies
Mainstay
Technologies
P.O. Box 17464 ·
Greenville, SC. 29606
1-888-968-6008
· 864-288-4940
· Fax: 864-297-7674
email: info@mainstayonline.com
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