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HAMILTON TELECOMMUNICATIONS provides HAMILTON.NET ("Service")
subject to your compliance with the terms and conditions below.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING
THE SERVICE. BY ACCESSING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ
AND UNDERSTOOD THIS AGREEMENT AND THAT YOU AGREE TO BE BOUND BY THE TERMS
AND CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND
CONDITIONS, YOU SHOULD NOT ACCESS OR USE THE SERVICE. BY BREAKING THE SEAL
ON THE ENCLOSED FOLDER ACCOMPANYING THESE TERMS AND CONDITIONS YOU ACKNOWLEDGE
TO ABIDE BY THEM.
This document contains the following sections:
PLEASE READ EACH SECTION CAREFULLY BEFORE CONTINUING.
1. Single Copy Software Licenses
Use of Hamilton.net is subject to the terms and conditions contained
herein. Use of Hamilton.net is also subject to all terms and conditions
set forth in the Netscape Navigator End User License Agreement which is
attached to this agreement and labeled as Exhibit A. By accessing the Hamilton.net
service, you agree to abide by all of said terms and conditions. Please
read such terms and conditions carefully. If you have questions related
to this license agreement, please contact Hamilton Telecommunications at
402-694-5101.
2. Use of Hamilton.net and the
Internet
You understand that you may access both Hamilton.net and the Internet
in general through the Service. You understand further that, except for
information, products or services clearly identified as being supplied
by Hamilton Telecommunications, neither Hamilton Telecommunications nor
any of its affiliates operates or controls any information, products or
services on the Internet in any way and that, except for such Hamilton
Telecommunications identified information, products or services, all merchandise,
information and services offered or made available or accessible through
Hamilton.net or on the Internet generally are offered or made available
or accessible by third parties who are not affiliated with Hamilton Telecommunications
or its affiliates.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF HAMILTON. NET
AND THE INTERNET. NEITHER HAMILTON TELECOMMUNICATIONS NOR ITS AFFILIATES
MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS
WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT,
OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE) WITH REGARD TO ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED
THROUGH HAMILTON. NET OR ON THE INTERNET GENERALLY, AND THEY SHALL NOT
BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY
FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE
THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES
AND OTHER INFORMATION, AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE,
PROVIDED THROUGH HAMILTON.NET OR ON THE INTERNET GENERALLY. YOU UNDERSTAND
FURTHER THAT THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE
SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU IN SOME OTHER WAY. YOU AND
ALL MEMBERS OF YOUR HOUSEHOLD OR BUSINESS, AS THE CASE MAY BE, ACCESS SUCH
MATERIALS AT YOUR OWN RISK. HAMILTON TELECOMMUNICATIONS HAS NO CONTROL
OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
3. No Service Warranties
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED
TO WARRANTIES OF TITLE, NONINFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY
HAMILTON TELECOMMUNICATIONS, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR
RESPECTIVE EMPLOYEES SHALL CREATE A WARRANTY. NEITHER HAMILTON TELECOMMUNICATIONS
NOR ITS AFFILIATES WARRANTS THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR
FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE ON
THE SERVICE IS FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS.
UNDER NO CIRCUMSTANCES SHALL HAMILTON TELECOMMUNICATIONS, ITS AFFILIATES
OR ITS CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM YOUR USE
OF OR INABILITY TO USE THE SERVICE OR TO ACCESS THE INTERNET OR ANY PART
THEREOF, OR YOUR RELIANCE ON OR USE OF INFORMATION, SERVICES OR MERCHANDISE
PROVIDED ON OR THROUGH THE SERVICE, OR THAT RESULT FROM MISTAKES, OMISSIONS,
INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION,
OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE.
If you are dissatisfied with the Service or with any terms, conditions,
rules, policies, guidelines, or practices of Hamilton Telecommunications
in operating the Service, your sole and exclusive remedy is to discontinue
using the Service.
4. Making Purchases On the Service
If you wish to make purchases on the Service, you may be asked by the
merchant or information or service provider from whom you are making the
purchase to supply certain information, including credit card or other
payment mechanism information. You agree that all information you provide
any merchant or information or service provider on the Service for purposes
of making purchases will be accurate, complete and current. The merchants
and information and service providers offering merchandise information
and services on the Service set their own prices and may change prices
or institute new prices at any time. You agree to pay all charges incurred
by users of your account and credit card or other payment mechanism at
the prices in effect when such charges are incurred. You also will be responsible
for paying any applicable taxes relating to purchases on the Service. You
acknowledge and agree that Hamilton Telecommunications cannot guarantee
the security of your credit card or other payment mechanism information
used to make purchases on the Service.
5. User Conduct on the Service
While using the Service, you may not:
5.1 restrict or inhibit any other user from using and enjoying the Internet;
5.2 post or transmit any unlawful, threatening, abusive, libelous, defamatory,
obscene, pornographic, profane, or otherwise objectionable information
of any kind, including without limitation any transmissions constituting
or encouraging conduct that would constitute a criminal offense, give rise
to civil liability, or otherwise violate any local, state, national or
international law, including without limitation the U.S. export control
laws and regulations;
5.3 post or transmit any information or software which contains a virus,
cancelbot, trojan horse, worm or other harmful component;
5.4 post, publish, transmit, reproduce, distribute or in any way exploit
any information, software or other material obtained through the Service
for commercial purposes (other than as expressly permitted by the provider
of such information, software or other material);
5.5 upload, post, publish, transmit, reproduce, or distribute in any
way, information, software or other material obtained through the Service
which is protected by copyright, or other proprietary right, or derivative
works with respect thereto, without obtaining permission of the copyright
owner or rightholder; or upload, post, publish, reproduce, transmit or
distribute in any way any component of the Service itself or derivative
works with respect thereto, as the Service is copyrighted as a collective
work under U.S. copyright laws. Hamilton Telecommunications has no obligation
to monitor the Service. However, you agree that Hamilton Telecommunications
has the right to monitor the Service electronically from time to time and
to disclose any information as necessary to satisfy any law, regulation
or other governmental request, to operate the Service properly, or to protect
itself or its subscribers. Hamilton Telecommunications will not intentionally
monitor or disclose any private electronic- mail message unless required
by law. Hamilton Telecommunications reserves the right to refuse to post
or to remove any information or materials, in whole or in part, that, in
its sole discretion, are unacceptable, undesirable, or in violation of
this Agreement. In addition, Hamilton Telecommunications may terminate
the Service if, in its sole judgment, you have violated any of these conditions
pertaining to User Conduct.
6. Consumer Information
You understand and agree that, unless you notify Hamilton Telecommunications
to the contrary by calling 402-694-5101, Hamilton Telecommunications may
publish your name and other consumer information in one or more directories
which may be accessed by other Internet users; in addition, unless you
notify Hamilton Telecommunications to the contrary as provided above, Hamilton
Telecommunications may make such information available to third parties
from time to time. You understand further that merchants on Hamilton.net
and the Internet in general may have access to such information and may
make it available to third parties in accordance with their normal practices
unless you notify those merchants directly that you do not wish such information
made available.
7. Failure to Comply with Terms
and Conditions
Hamilton Telecommunications may deny you access to all or part of the
Service without notice if you engage in any conduct or activities that
Hamilton Telecommunications in its sole discretion believes violates any
of the terms and conditions in this Agreement. If Hamilton Telecommunications
denies you access to the Service because of such a violation, you shall
have no right (1) to access through Hamilton Telecommunications any materials
stored on the Internet, (2) to obtain any credit(s) otherwise due to you,
and such credit(s) will be forfeited, (3) to access third party services,
merchandise or information on the Internet through Hamilton Telecommunications,
and Hamilton Telecommunications shall have no responsibility to notify
any third-party providers of services, merchandise or information nor any
responsibility for any consequences resulting from lack of notification.
You agree to defend, indemnify and hold Hamilton Telecommunications and
its affiliates harmless from any and all liabilities, costs and expenses,
including reasonable attorneys' fees, related to any violation of this
agreement by you or authorized users of your account, or in connection
with the use of the Service or the Internet or the placement or transmission
of any message, information, software or other materials on the Internet
by you or authorized users of your account.
8. Miscellaneous
In the event that any portion of this Agreement is held to be unenforceable,
the unenforceable portion shall be construed in accordance with applicable
law as nearly as possible to reflect the original intentions of the parties
and the remainder of the provisions shall remain in full force and effect.
Hamilton Telecommunications' failure to insist upon or enforce strict performance
of any provision of this Agreement shall not be construed as a waiver of
any provision or right. Neither the course of conduct between parties nor
trade practice shall act to modify any provision of this Agreement. Hamilton
Telecommunications may modify this Agreement from time to time by placing
a notice of such modification in the "Announcements" or subscriber service
areas, and your continued use of the Service following notice of such modification
shall be deemed to be your acceptance of any such modification. It is your
responsibility to check the subscriber service area regularly to determine
whether this Agreement has been modified. If you do not agree to any modification
of this Agreement, you must immediately stop using the Service. This Agreement
shall be governed by and construed in accordance with the laws of the state
of Nebraska, without regard to its conflicts of law provisions. Any cause
of action you may have with respect to the Service must be commenced within
one (1) year after the claim or cause of action arises or such claim or
cause of action is barred. This Agreement constitutes the entire agreement
between you and Hamilton Telecommunications with respect to the Service.
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