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-1- § 8.29 Form: End User Online Services Terms & Conditions BY PROCEEDING TO USE THE INTERNET ACCESS SERVICES PROVIDED BY NET ACCESS, INC. (NAI), YOU ACKNOWLEDGE YOUR AGREEMENT TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, THEN DO NOT USE NAI'S INTERNET ACCESS SERVICES. 1. License 1.1 License Grant NAI is the author and/or authorized sublicensor of certain materials owned and created by NAI or NAI's licensors. NAI grants you a non- transferable, non-exclusive license to use the information, images and other content contained on this web site (the "Materials"), solely for internal use by your business or for your own personal use, only with one central processing unit at any one time. You may not copy, reverse engineer, translate, port, modify or make derivative works of the Materials. You may not rent, disclose, publish, sell, assign, lease, sublicense, market, or transfer the Materials or use them in any manner not expressly authorized by this Agreement. You shall not derive or attempt to derive the source code, source files or structure of all or any portion of the Materials by reverse engineering, disassembly, decompilation or any other means. You shall not use the Materials to operate a service bureau or for any other use involving the processing of data of other persons or entities. NAI and/or NAI's licensors retains all ownership rights in the Materials. The Materials are copyrighted and may not be copied, even if modified or merged with other Materials. You shall not alter or remove any copyright notice or proprietary legend contained in or on the Materials. You agree not to remove any proprietary rights notices of NAI and/or its licensors from the Materials. 1.2 Reservation of Rights NAI reserves any rights not expressly granted herein. 1.3 Restrictions The Materials do not include the design or layout of the web pages generated by this server. Elements of these web pages are protected by trade dress and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any of the web pages generated by this server may be copied or retransmitted unless expressly permitted by NAI. -2- 2. Ownership 2.1 NAI Material The Materials are copyrighted and may not be copied, reproduced, modified, published, uploaded, posted, or distributed in any way, without NAI's prior written consent. Except as expressly provided herein, NAI does not grant any express or implied right to you under any copyrights, trademarks, patents or trade secret information. 2.1 Third Party Material The Materials published by NAI on this server may contain other proprietary notices or describe products, services, processes or technologies owned by NAI or third parties. Nothing contained herein shall be construed as granting to the user a license under any copyright, trademark, patent or other intellectual property right of NAI or any third party, except for the right of use license expressly set forth above in these terms and conditions. 2.2 Advertisements NAI does not assume the responsibility of enforcing licensing requirements, or of checking for licenses, with respect to licensed professions or trades, prior to publishing advertisements. 2.3 Trademarks Products and services referenced herein are protected by either trademarks or registered trademarks of NAI. Other product and company names mentioned herein may be protected by the trademarks of their respective owners. 3. Links to Third Party Sites The links in this area will let you leave NAI's site. The linked sites are not under the control of NAI and NAI is not responsible for the contents of any linked site or any link contained in a linked site. NAI is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by NAI of the site. 4. No Warranty NAI AND/OR ITS LICENSORS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE MATERIALS PUBLISHED ON THIS SERVER FOR ANY PURPOSE. THE MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE -3- ENTIRE RISK OF LOSS IN USING THE MATERIALS AND THE INTERNET GENERALLY. THE MATERIALS ARE COMPLEX AND MAY CONTAIN NON-COMFORMITIES, DEFECTS OR ERRORS. NAI AND/OR ITS LICENSORS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE MATERIALS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.5. Errors and Corrections THE MATERIALS PUBLISHED ON THIS SERVER COULD INCLUDE TECHNICAL INACCURACIES AND/OR TYPOGRAPHICAL ERRORS. NAI AND/OR ITS LICENSORS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE MATERIALS AT ANY TIME. 6. Limitation on Liability IN NO EVENT SHALL NAI AND/OR ITS LICENSORS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS OR THE INABILITY TO USE DATA, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE MATERIALS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR ANY OTHER INFORMATION AVAILABLE FROM THIS SERVER. IF NAI'S DISCLAIMER OF WARRANTIES OR LIMITATION OF LIABILITY SET FORTH WITH IN THIS AGREEMENT IS HELD UNENFORCEABLE OR INAPPLICABLE, YOU AGREE THAT NAI'S LIABILITY SHALL NOT EXCEED _________ DOLLARS ($_______). 7. Local Law This server is operated from a location in the State of California, United States of America. NAI makes no representation that the Materials are appropriate for use in other locations. If you access this server from other locations, you are responsible for compliance with local laws. 8. General NAI reserves the right to discontinue or modify any of the information contained on this server at any time. NAI shall have the right to modify these terms and conditions at any time. The user may -4- not assign any part of this Agreement without NAI's prior written consent. This Agreement shall be governed by the laws of California, exclusive of conflicts of laws principles. The user shall pay any taxes on the information or transactions, except for those based on NAI's annual net income. If any provision of this Agreement is declared invalid or unenforceable, the remaining provisions of this Agreement shall remain in effect. The user agrees to comply with all applicable laws in using this service or the information contained herein. No waiver of any obligation or right of either party shall be effective unless in writing, executed by the party against whom it is being enforced. Any such waiver shall not preclude a party from exercising any other right or later exercising the same right. Any notice under this Agreement shall be delivered by U.S. certified mail, return receipt requested, or by overnight courier to NAI at the address below.Net Access, Inc. _____________________________________ (address) _____________________________________