1.
GENERAL McCormack-Missouri Online ("Provider")
provides Internet access and related services to
users who have agreed to the terms and conditions
stated below.
This
Online Access agreement ("Agreement")
is a legal agreement between you and Provider. It
states the terms and conditions under which you
may access Provider's system and use the online
services that Provider makes available through
that system ("Service") and use the
software necessary to connect to the service
("Software").
PLEASE
READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.
BY COMPLETING THE REGISTRATION PROCESS AND USING
THE SOFTWARE AND SERVICE, YOU AGREE TO BE LEGALLY
BOUND AND TO ABIDE BY THIS AGREEMENT.
2.
ACCESS AND LICENSE
(a)
Access. Provider hereby grants you access to
its system and the right to use the Service
subject to the terms of this Agreement.
(b)
License. Provider hereby grants you a
nonexclusive, personal, nontransferable license
to install and use the Software, in executable
form only, solely for the purpose of accessing
Provider's system and using the Service. You may
install and use the Software on any compatible
computer under your control and copy the Software
for backup or archival purposes provided that all
such copies contain the copyright notice and
other proprietary markings found on the original
copy of the Software. You may not (a) modify or
otherwise create derivative works, (b) translate,
reverse engineer or reverse compile, or
disassemble, (c) sell, rent, sublicense, assign,
or otherwise transfer, or distribute, the
Software or this license.
(c)
Permitted Users . You may permit other
members of your organization or household to
access the service provided that each such person
abides by the terms and conditions of this
Agreement. By permitting others to use your
account, you assume all risk and liabilities
resulting from their use. If you authorize a
minor to use your account, you are fully
responsible for the online conduct of the minor,
for controlling the minor's access to and use of
the Service, and for the consequences of any
misuse. It is your responsibility to safeguard
any personal identification number and password
required to access the system. Your right to
authorize others to use your account is not
assignable or transferable.
3.
CHANGES The Service, Provider's system, and
this Agreement may change from time to time.
Provider reserves the right, at Provider's sole
discretion and without prior notice or liability,
to discontinue or alter the service or any
feature of the service including, without
limitation, (a) restricting the time of
availability, (b) restricting the availability
and/or scope of the Service for certain types of
computers and operating systems, (c) restricting
the procedures for or amount of access or use
permitted, (d) restricting or terminating any
user's right to access and use the Service, and (e)
changing system hardware and software. Any change
is effective immediately upon a posting on the
Service, electronic mail, or conventional mail.
By continuing to use the Service, you accept any
such changes. If any such changes are not
acceptable to you, you may terminate this
Agreement at any time as described in Section 11.
4.
BILLING
(a)
Service Fee; Taxes. Provider will charge you
a monthly service fee for the Service plus any
applicable sales, use, value-added, personal
property, or other governmental tax imposed on
the Service. Current rates are available online
or by telephone or e-mail to Provider's Customer
Service. Rate changes are effective on the 1st
day of the month immediately following
publication of the rates online.
(b)
Payment . McCormack-Missouri Online
charges will be detailed on Ellington Telephone
Company billing statements.
(c)
Equipment and Connect Charges. You are
responsible for obtaining, installing,
maintaining, and operating all computer and
telephone equipment and telephone access lines
and for all telephone and other charges necessary
to access the Service.
5.
SYSTEM RULES (a) You agree to supply Provider
with accurate and complete information and to
inform Provider promptly of any change in such
information.
(b)
You are responsible for all use of your account.
You must promptly inform Provider of the loss,
theft, or unauthorized disclosure or use of your
personal identification number or password. Until
you notify Provider of such a breach of security,
you remain liable for any unauthorized use of the
Service through your account.
(c)
The Service and Software may only be used for
lawful purposes and consistent with the rights of
other users and third parties. Without limiting
the foregoing, the Service and Software shall not
be used in a manner that would violate any law or
infringe any copyright, trademark, trade secret,
right of publicity, right of privacy, or any
other right of any third party, or for the
purpose of transmitting or storing material that
is obscene or defamatory. You are prohibited from
posting on, or transmitting through the Service,
any unlawful, harmful, threatening, abusive,
harassing, defamatory, vulgar, obscene, profane,
hateful, racially, ethnically or otherwise
objectionable material of any kind, including
without limitation any material that encourages
conduct that would constitute a criminal offense,
give rise to civil liability, or otherwise
violate any applicable local, state, national, or
international law.
(d)
Provider reserves the right to refuse to provide
access to the Service to anyone.
6.
DISCLAIMER; LIMITATION OF LIABILITY
THE
SERVICE IS PROVIDED ON AN "AS IS",
"AS AVAILABLE" BASIS. PROVIDER DOES NOT
MAKE, AND EXPRESSLY DISCLAIMS, ANY AND ALL
WARRANTIES, EXPRESS OR IMPLIED, IN REGARD TO ANY
INFORMATION, PRODUCT, OR SERVICE FURNISHED BY IT
UNDER THIS AGREEMENT, INCLUDING WITHOUT
LIMITATION ANY AND ALL IMPLIED WARRANTIES OR
MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE. IN NO EVENT SHALL PROVIDER BE LIABLE FOR
ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL,
OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. THE MAXIMUM
LIABILITY OF PROVIDER TO ANY USER FOR ANY LOSS,
CLAIM, DAMAGE, OR LIABILITY OF ANY KIND,
INCLUDING DUE TO PROVIDER'S NEGLIGENCE, SHALL BE
LIMITED TO THE AMOUNT PAID BY USER TO PROVIDER
DURING THE SIX MONTH PERIOD PRECEDING THE CLAIM.
7.
INDEMNIFICATION You agree to indemnify and
hold Provider, its officers, directors, employees,
and agents harmless from and against any claims
and expenses (including reasonable attorney's
fees) arising out of or related to any violation
of this Agreement or use of your account.
8.
PRIVACY Electronic mail and other
transmissions passing through the Service or over
the Internet and through Provider's system are
not secure, and Provider cannot guarantee the
security or privacy of any of your information or
communications. Provider will not intentionally
monitor or disclose any private electronic
communications, except to the extent necessary to
identify or resolve system problems or as
otherwise permitted or required by law.
9.
EDITORIAL CONTROL Provider reserves the right
to monitor transmissions, other than private
electronic communications, as necessary to
provide service and otherwise to protect the
rights and property of Provider. Notwithstanding
the foregoing, Provider does not have the
practical ability to restrict conduct,
communication, or content that might violate this
Agreement before transmission on the service, nor
does Provider assume any liability for any action
or inaction with respect to such conduct,
communication, or content.
10.
PROPRIETARY RIGHTS
(a)
Software. The Software and any accompanying
documentation and written materials are the sole
and exclusive property of Provider or its
licensor and are protected by copyright and trade
secret law and international treaties.
(b)
Content. You acknowledge that the Service
contains information, software, photos, video,
graphics, sound, music, and other material
("Content") that are protected by
copyright, trade mark, trade secret, and other
intellectual property law and that the rights in
such Content are valid and protected in all forms,
media, and technologies that now exist or that
may be developed in the future. You may not
modify, publish, distribute, transmit, transfer
or sell, create derivative works, or in any way
exploit any of the Content, in whole or in part.
Except as allowed by U.S. copyright law, you may
not upload, post, reproduce, or distribute any
Content protected by copyright or other
proprietary rights without the permission of the
copyright owner.
(c)
Third Party Content and Services.
(1)
You may only upload or otherwise distribute via
the Service Content that is not subject to any
copyright or other proprietary rights protection
or for which you have the owner's express
authorization for such on-line distribution. The
unauthorized uploading or distribution of
copyrighted or other proprietary Content
constitutes a breach of this Agreement, and could
subject you to criminal prosecution, personal
liability for any damages arising from any
infringement, and to termination of this
Agreement.
(2)
Any opinions, advice, statements, services,
offers, or other Content expressed or made
available by third parties are those of the
respective authors, owners, or distributors and
not of Provider. In no event will Provider be
liable for any loss or damage caused by a user's
reliance on Content obtained through the Service.
(3)
The Service may permit you to receive information
and order and receive merchandise and services
directly from businesses that are not owned or
operated by Provider. The purchase , payment,
warranty, delivery, and any other terms
concerning such information, merchandise, and
services are solely between you and such
businesses.
(d)
Export. The U.S. export control laws regulate
the export and re-export of technology
originating in the United States, including the
electronic transmission of information and
software to foreign countries and foreign
nationals. You agree to comply with these laws
and not to transfer by electronic transmission or
otherwise, and Content derived from the Service
without obtaining any required government
authorization. You further agree not to upload to
the Service any data or software that cannot be
exported without prior written government
authorization, including without limitation,
certain types of encryption software.
11.
TERMINATION (a) For any Reason . Either you
or Provider may terminate this Agreement for any
reason at any time by giving the other party
notice of termination. Such termination shall be
effective upon receipt of notice. Termination
requests from users must be received by McCormack-Missouri
Online via e-mail, fax or postal service at:
office@mcmo.net; 573-663-2000; or, 200 College
Avenue * PO Box 400 * Ellington, MO 63638
(b)
For Cause. Provider may terminate this
Agreement without notice for any conduct that
Provider believes in its sole discretion violates
this Agreement, interferes with other users' use
of the Service, or is otherwise inappropriate.
(c)
Effect of Termination . Upon termination,
your license to use the Software automatically
terminates, and Provider will delete all data,
files, or other information stored in your
account. In the event of termination, you remain
bound by Sections 2, 7, and 10 of this Agreement.
Monthly service fees and any prepaid charges will
not be refunded or prorated.
12.
MISCELLANEOUS (a) Choice of Law. This
Agreement and its validity, construction, and
performance shall be governed in all respects by
the laws of the State of Missouri, without regard
to its choice of law rules.
(b)
No Waiver. Provider's failure to insist upon
strict performance of any of the provisions of
this Agreement shall in no way constitute a
waiver of future violations of the same or any
other provision.
(c)
Modification . This Agreement shall not be
modified in any way except by a writing signed by
both parties.
(d)
Severability . If any provision or portion of
this Agreement shall be held to be invalid,
illegal, or unenforceable, the validity, legality,
and enforceability of the remainder of this
Agreement shall not in any way be affected or
impaired thereby.
(e)
Survival. The provisions of this Agreement
relating to confidentiality, warranties, and
indemnification shall survive any termination or
expiration of this Agreement.
(f)
Entire Agreement. This Agreement constitutes
the entire agreement of the parties with respect
to its subject matter and supersedes all existing
agreements and all oral, written, or other
communications between them concerning its
subject matter.
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