Policy
Webbnet Conditions
| Webbnet Abuse Policy | Webbnet Software Policy | Webbnet Ipass Usage PolicyWebbnet Conditions
Webbnet Abuse Policy
System abuse is strictly prohibited. WEBBNET
may terminate or modify service immediately and
may
bill for any resulting support charges if the
client engages in system abuse. Following is a
list of actions
which are defined to be system abuse. This list
is non-exclusive; any action about which there is
any
doubt should be referred to WEBBNET for
evaluation.
Actions which constitute system abuse
include, but are not limited to:
Q
R
Pacific Bell Provides WEBBNET with Dedicated Internet Service. Please see Pacific Bell POLICY.
Webbnet IPASS Usage Policy. IPASS USAGE POLICY MINIMUM END USER TERMS
1. Webbnet, iPass and its suppliers exercise no control whatsoever over the content of the information passing through their systems. By its very nature, the Internet contains offensive or harmful material, in some cases under descriptions that have been mislabeled or are otherwise deceptive. We expect that you will use caution—and common sense—in using the Internet.
2. WEBBNET, IPASS AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. Use of any information obtained via the service is at your own risk. Webbnet, iPass and its suppliers specifically deny any responsibility for the accuracy or quality of information obtained through their services. Webbnet, iPass and its suppliers also do not guarantee continuous, uninterrupted or secure access to the Internet or to your home account.
Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from jurisdiction to jurisdiction.
3. IN NO EVENT SHALL WEBBNET, IPASS OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR INTERRUPTED COMMUNICATIONS, LOST DATA OR LOST PROFITS, ARISING OUT OF OR IN CONNECTION WITH THE SERVICE. Some states do not allow the limitation of liability, so the foregoing limitation may not apply to you.
4. You shall not use the services to take any actions or make any statements that: (a) infringe on any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (b) violate any applicable law, statute, ordinance or regulation (including without limitation those regarding export control); (c) are defamatory, trade libelous or unlawfully threatening; (d) are pornographic or obscene; (e) violate any laws regarding unfair competition, antidiscrimination or false advertising, or (f) result in the distribution of viruses, trojan horses, worms, time bombs, cancelbots or other similar harmful or deleterious programming routines. You may not use the services to distribute any bulk unsolicited e-mails or otherwise cause an excessive or disproportionate load on Webbnet or iPass suppliers’ infrastructure.
5. You may not transfer or share your account with anyone. You may not disclose your password to any third parties.
6. Although privacy issues are very
important to Webbnet, iPass and its suppliers,
given the current regulatory and technical
environment you should not have an expectation of
privacy in your online activities.
Webbnet Software Usage Policy.
BY DOWNLOADING OR USING THE SOFTWARE, YOU ARE
AGREEING TO BE
BOUND BY THE LICENSE AGREEMENT BELOW. READ
IT CAREFULLY.
THE FOLLOWING IS A SUMMARY OF A FEW OF ITS
IMPORTANT TERMS.
Any disputes between the language of this summary
and the language
of the license agreement itself shall be resolved
in favor of the
license agreement itself.
Summary
1. This Software is provided solely to facilitate your use of Webbnet's ("Webbnet") Internet access service ("Service"). You are being granted no rights to the use or possession of the Software other than as an adjunct to the Service. When you cease being a customer of Webbnet, your rights in and to the use and possession of this Software will cease, and this Software would then have to be returned to Webbnet or destroyed by you.
2. Your license to use this Software is dependent on your abiding by Webbnet's Online Information Service Terms and Operating Rules, and by its Acceptable Use Policies, both of which are available from Webbnet's home page.
3. Neither Webbnet nor any of the people or companies involved in bringing this Software to you are liable to you for any failures or faults of the Software or of the Service.
End of Summary
WEBBNET WEBLINK SOFTWARE
END-USER FULL LICENSE AGREEMENT
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND
WEBBNET.COM ("WEBBNET"). BEFORE
YOU OPEN THE PACKAGE CONTAINING THE MEDIA, OR
CLICK
THE "ACCEPT" BUTTON AT THE END OF THIS
DOCUMENT, OR DOWNLOAD OR USE THE SOFTWARE,
CAREFULLY READ ALL OF THE TERMS AND CONDITIONS OF
THIS AGREEMENT.
ALSO CAREFULLY READ WEBBNET'S ONLINE INFORMATION SERVICE AGREEMENT TERMS AND OPERATING RULES AND WEBBNETS'S ACCEPTABLE USE POLICIES (AS MODIFIED BY WEBBNET FROM TIME TO TIME), WHICH ARE INCORPORATED INTO THIS AGREEMENT (EXCEPT TO THE EXTENT THEY ARE INCONSISTENT WITH THIS AGREEMENT). WEBBNET'S ONLINE INFORMATION SERVICE AGREEMENT, AND ITS ACCEPTABLE USE POLICIES, ARE ACCESSIBLE FROM WEBBNET'S HOME PAGE.
USING THE SOFTWARE INDICATES THAT YOU ACCEPT THE TERMS OF THIS AGREEMENT. BY OPENING THE PACKAGE, CLICKING ON THE "ACCEPT" BUTTON, DOWNLOADING OR USING THE SOFTWARE, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO DOWNLOAD OR USE THIS SOFTWARE AND YOU MUST CLICK THE "DO NOT ACCEPT" BUTTON OR RETURN THIS PRODUCT TO THE PLACE OF PURCHASE FOR A FULL REFUND.
License Grant. Subject to the provisions contained herein and payment of applicable fees, Webbnet hereby grants to you a personal, non-exclusive, non-transferable and nonassignable license (the "License") to use the accompanying versions of the proprietary Webbnet Weblink Setup software suite, which may include one or more of the following programs: HammerHead Software(TM). The Software is for your own use, only on Webbnet's Internet Service and only when all of the Software is used together on a single computer of which you are the primary user. The Software is protected by the copyright laws of the United States and international copyright treaties. Unauthorized copying of the Software, including software that has been modified, merged or included with the Software, or the associated written materials (the "Documentation") is expressly forbidden. You may not sublicense, assign or transfer this License or the Software except as permitted by Webbnet. Any attempt to sublicense, assign or transfer any of the rights, duties or obligations under this License is void. You may not remove, obscure, or alter any notice of patent, copyright, trademarks, trade secret or other proprietary rights in the Software. You may not transmit the Software from one computer to another in a network or to serve multiple users.
Limited Copies. Webbnet shall furnish the Software to you electronically or on media in machine-readable object code form. Solely for your own backup purposes, you may make a single copy of the Software in the same form as provided to you. This License does not grant you any right to any enhancement or update to the Software. Enhancements and updates, if available, may be obtained by you at Webbnets's then current standard pricing, terms and conditions.
Restricted Use. Any copy made by you as permitted hereunder for backup or archival purposes shall be subject to this Agreement and shall contain all the notices regarding copyrights, trademarks and other proprietary rights as contained in the Software originally provided to you. You may not lend, rent, lease or otherwise transfer the Software.
Title. Title, ownership rights, and intellectual property rights in and to the Software shall remain in Webbnet and/or its licensors and suppliers. This Agreement does not include the right to sublicense the Software and is personal to you and therefore may not be assigned (by operation of law or otherwise) or transferred without the prior written consent of Webbnet. You acknowledge that the Software in source code form remains confidential trade secrets of Webbnet and/or its Licensors and suppliers and therefore you agree not to attempt to decipher, decompile, disassemble or reverse engineer the Software or allow others to do so, except to the extent applicable laws specifically prohibit such restriction. You further agree not to modify or create derivative works of the Software.
Content. Title, ownership rights, and intellectual property rights in and to the content accessed through the Software 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.
No Warranties. Webbnet has made
reasonable checks of the Software to confirm that
it will perform in normal use on compatible
equipment substantially as described in the
then-current specifications for the
Software. However, due to the inherently
complex nature of computer software, neither
Webbnet, its Licensors, nor its suppliers,
distributors, resellers, or any parties with
which Webbnet co-brands the Software
(collectively, "Providers") warrant
that the Software or the Documentation
is completely error free, will operate without
interruption, is compatible with all equipment
and software configurations, or will otherwise
meet your needs. The Providers do not
warrant that your use of the Software or access
to the Internet will be secure or uninterrupted
or that the operation of the
Software will be error-free. In addition,
the security mechanism implemented by the
Software has inherent limitations, and you must
determine that the Software sufficiently meets
your requirements. ACCORDINGLY, THE
SOFTWARE AND ANY DOCUMENTATION ARE PROVIDED
AS-IS, AND YOU ASSUME ALL RISKS ASSOCIATED WITH
THEIR USE. THE PROVIDERS MAKE NO
REPRESENTATIONS OR WARRANTIES, EXPRESSED OR
IMPLIED AND EXPRESSLY DISCLAIMS ANY WARRANTY WITH
RESPECT TO THE SOFTWARE OR THE DOCUMENTATION,
INCLUDING, WITHOUT LIMITATION, THEIR
MERCHANTABILITY, THEIR FITNESS FOR ANY PARTICULAR
PURPOSE, ANY WARRANTY OF THEIR NON-INFRINGEMENT
OF THIRD PARTY RIGHTS, OR THAT THE SOFTWARE IS
VIRUS FREE, OTHER THAN THOSE WARRANTIES WHICH ARE
IMPLIED BY OR INCAPABLE OF EXCLUSION, RESTRICTION
OR MODIFICATION BY APPLICABLE LAW. TO THAT
EXTENT, ALL WARRANTIES, EXPRESS OR IMPLIED, WILL
TERMINATE UPON THE EXPIRATION OF 90 DAYS
FOLLOWING DELIVERY OF THE SOFTWARE TO YOU.
IN NO EVENT WILL THE PROVIDERS BE LIABLE FOR
INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES,
INCLUDING, WITHOUT LIMITATION, LOSS OF INCOME,
USE, OR INFORMATION. AS YOUR SOLE REMEDY FOR ANY
BREACH OF WARRANTY, you may return to Webbnet the
original copies of the Software and Documentation
(if any), along with proof of purchase (if you
purchased the Software) and any backup copies,
for
replacement or (at Webbnet's choice) for a refund
of the amount you paid, provided the return is
completed within 90 days following delivery of
the Software to you. SOME STATES DO
NOT ALLOW LIMITATION ON HOW LONG AN IMPLIED
WARRANTY LASTS SO THIS LIMITATION MAY NOT APPLY
TO YOU. NO DISTRIBUTOR, DEALER, AGENT, OR
EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS,
EXTENSIONS, OR ADDITIONS TO THIS WARRANTY.
THIS
AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND
YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM
STATE TO STATE OR BY JURISDICTION.
Limitation of Liability. UNDER NO
CIRCUMSTANCES AND UNDER NO LEGAL THEORY,
TORT, CONTRACT, OR OTHERWISE, SHALL THE PROVIDERS
BE LIABLE TO YOU OR ANY
OTHER PERSONS 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 THE PRICE PAID BY YOU FOR A LICENSE
TO THE SOFTWARE, EVEN IF ANY OF THE
PROVIDERS 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 OF LIMITATION OF INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND
EXCLUSION MAY NOT APPLY TO YOU.
Export Controls. You may not download,
use or otherwise export or re-export the Software
or any underlying information or technology
except in full compliance with all United States
and other applicable laws and regulations.
In particular, but without limitation, none of
the Software or underlying information or
technology may be downloaded, used or otherwise
exported or re-exported (i) into (or to a
national or resident of) Cuba, Haiti, Iraq,
Libya, Yugoslavia, North Korea, Iran, Syria or
any other 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 Deny 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.
U.S. Government Restricted Rights. Use, duplication or disclosure by the Government is subject to restrictions set forth in subparagraphs (a) through (b) 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, and similar clauses in the NASA FAR Supplement.
Contractor/manufacturer is Webbnet,
P.O.Box 1005, Berkeley, California, 94704.
Termination. This Agreement shall immediately
terminate without notice or opportunity to
oppose: (i) in the event of default by you of any
term or condition of this Agreement, the Online
Information Service Agreement Terms and Operating
Rules, or the Acceptable Use Policies
("AUP") established by Webbnet
and updated by Webbnet from time to time, or (ii)
if your Webbnet Internet Service account expires
or is terminated for any reason including,
without limitation, your failure to pay service
fees when due, your voluntary cancellation of
your account, or Webbnet's or any other party's
involuntary cancellation of your account for any
reason whatsoever including but not limited to
your failure to comply with any
AUP. Upon any termination of this Agreement the
License shall immediately terminate, you shall
immediately discontinue the use of the Software
and shall, within five (5) days, return to
Webbnet or destroy all copies of the
Software. You may also terminate this
Agreement at any time by destroying the Software
and all copies thereof. Your obligations to
pay accrued charges and fees shall survive any
termination of this Agreement.
Miscellaneous. This Agreement represents
the complete and exclusive statement of the
agreements concerning this License between the
parties and supersedes all prior agreements and
representations between them. It may be
amended only by a writing executed by both
parties. THE ACCEPTANCE OF ANY
PURCHASE ORDER PLACED BY YOU IS EXPRESSLY MADE
CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH
HEREIN, AND WEBBNET AGREES TO FURNISH THE
SOFTWARE AND DOCUMENTATION ONLY UPON THESE TERMS
AND NOT ON THOSE TERMS CONTAINED IN YOUR PURCHASE
ORDER. 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 such
decision shall not affect the enforceability (i)
of such provision under other circumstances, or
(ii) of the remaining provisions hereof under all
circumstances. Headings shall not be
considered in interpreting this Agreement.
This Agreement shall be governed by and construed
under California law as such law applies to
agreements between California residents entered
into and to be performed entirely within
California, except as governed by Federal
law. This Agreement will not be governed by
the United Nations Convention of Contracts for
the international Sale of Goods, the application
of which is hereby expressly excluded.
Webbnet is not bound by any actions or statements
Of its distributors, nor by any provision of any
purchase order, receipt, acceptance,
confirmation, correspondence, or otherwise,
unless Webbnet specifically agrees in writing to
same.
Webbnet Address. Webbnet P.O. Box 1005,
Berkeley
California 94701, (510) 649-9322.
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