Mike Lopilato Enterprises (hereby called "The Service Provider")
is an on-line listing of personal and business World Wide Web pages. Mike
Lopilato Enterprises, 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.
Mike Lopilato Enterprises, 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. 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.
Terms of Contract
I. Financial Arrangements
1. Client agrees to a three (3) month contract, beginning upon MLE's receipt by fax, mail, or express mail. Client agrees to pay MLE for services rendered pursuant to the payment schedule.
2. First three (3) months payment shall be due upon receipt of contract.
3. This agreement will automatically renew for successive three (3) month periods unless canceled in writing prior to the quarterly renewal date. Client will receive an invoice for charges and payment is due upon receipt.
MLE shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Client or MLE's server. Client agrees to take full responsibility for all taxes and fees of any nature associated with such products sold.
III. Material and Products
1. Client will provide MLE with material and data in a condition that is "server-ready", which is in a form requiring no additional manipulation on the part of MLE. MLE shall make no effort to validate this information for content, correctness or usability
2. MLE will exercise no control whatsoever over the content of the information passing through the network. MLE makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. MLE also disclaims any warranty of merchant- ability or fitness for particular purpose and will not be responsible for any damages that may be suffered by the Client, including loss of data resulting from delays, nondeliveries or service interruptions by any cause or errors or omissions of the Client. Use of any information obtained by way of MLE is at the Client's own risk, and MLE specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of a connection to and do not represent guarantees of available end to end bandwidth. MLE expressly limits its damages to the Client for any non-accessibility time or other down time to the prorata monthly charge during the system unavailability. MLE specifically denies any responsibilities for any damages arising as a consequence of such unavailability. In the event that this material is not "Server-ready", MLE may, at its option and at any time, reject this material, including but not limited to after it has been put on MLE's Server. MLE agrees to notify Client immediately of its refusal of the material and afford Client the opportunity to amend or modify the material to satisfy the needs and/or requirements of MLE. If the Client fails to modify the material, as directed by MLE, within a reasonable period of time, which shall be determined between the parties themselves, the Agreement shall be deemed to be terminated.
IV. Trademarks & Copyrights
Client warrants that it has the right to use the applicable trademarks, if any, and grants MLE the right to use such trademarks in connection with MLE's Server service.
V. Hardware, Equipment & Software
The customer is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access MLE. MLE makes no representations, warranties or assurances that the Customer's equipment will be compatible with the MLE service.
The Customer certifies that he or she is at least 18 years of age.
VII. Internet Etiquette
Electronic forums such as mail distribution lists and Use Net news groups all have expectations regarding subject area and appropriate etiquette for posting. Users of these forums should be considerate of the expectations and sensitivities of others on the network when posting material for electronic distribution. The network resources of MLE may not be used to impersonate another person or misrepresent authorization to act on behalf of others or MLE. All messages transmitted via MLE should correctly identify the sender; users may not alter the attribution of origin in electronic mail messages or posting. Users must not attempt to undermine the security or integrity of computing systems or networks and must not attempt to gain unauthorized access.
This Agreement may be terminated by either party, without cause, by giving the other party 30 days written notice. In such event, the canceling party will be required to pay to other party an amount equal to the unused portion of service excluding any hosting or setup charges. Notwithstanding the above, MLE may terminate service under this Agreement at any time, without penalty, if the Client fails to comply with the terms of this Agreement.
IX. Limited Liability
1. Client expressly agrees that use of MLE's Server is at Client's sole risk. Neither MLE, its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that MLE's Server service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the MLE Server service, unless otherwise expressly stated in this Agreement.
2. Under no circumstances, including negligence, shall MLE, its offices, agents or any one else involved in creating, producing or distributing MLE's Server service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the MLE Server service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to MLE's records, programs or services. Client hereby acknowledges that this paragraph shall apply to all content on MLE's Server service.
3. Notwithstanding the above, Client's exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate dollar amount which Client paid during the term of this Agreement and any reasonable attorney's fee and court costs.
X. Lawful Purpose
Client may only use MLE's Server for lawful purpose. Transmission of any material in violation of any Federal, State or Local 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 secrets.
Client agrees that it shall defend, indemnify, save and hold MLE harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against MLE, its agents, its customers, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Client, its agents, employees or assigns. Client agrees to defend, indemnify and hold harmless MLE against Liabilities arising out of (i) any injury to person or property caused by any products sold or otherwise distributed in connection with MLE's Server; (ii) any material supplied by Client infringing or allegedly infringing on the proprietary rights of a third party; (iii) copyright infringement and (iv) any defective product which Client sold on MLE Server.