ATTACHMENT B - Minimum User Resale Terms and Conditions
1. Hamilton.net, OPASTCORP, L.L.C. ("OPASTCORP"), iPass, Inc. ("iPass") and iPass’ suppliers (collectively referred to as "Suppliers") exercise no control whatsoever over the content of the information passing through their systems, and access to the Internet is provided solely on an "as is" basis. You agree to be bound by the usage policies of iPass’ suppliers. Neither Hamilton.net nor the Suppliers warrant, nor do they assume responsibility for, any consequences suffered by any person as a result of Internet access including, without limitation, those suffered as a result of accessing Internet information and content, such as the possibility of contracting computer viruses, accessing information with offensive, inaccurate or inappropriate content, etc. Neither Hamilton.net, nor the Suppliers shall be responsible for any damages suffered by any person as a result of obtaining, or failing to obtain, Internet access. You acknowledge and agree that all users must exercise their own due diligence before relying on any information available on the Internet, and must determine that they have all necessary rights to copy, publish or otherwise distribute any such information available on the Internet under copyright and other applicable laws. 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. HAMILTON.NET, OPASTCORP, IPASS AND iPASS’ SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. HAMILTON.NET, OPASTCORP, IPASS AND iPASS’ SUPPLIERS SHALL NOT BE LIABLE FOR ANY THIRD-PARTY NETWORK FAILURE. Use of any information obtained via the Service is at your own risk. Hamilton.net, OPASTCORP, iPass and iPass’ Suppliers specifically deny any responsibility for the accuracy or quality of information obtained through their Services. Hamilton.net and the Suppliers also do not guarantee continuous, uninterrupted or secure access to the Internet or to your home account. Hamilton.net and the Suppliers do not warrant that the Services will be available on a specified date or time or that the network will have the capacity to meet your demand during specific hours. Access to the network cannot be guaranteed, and you may be unable to access the network at any time, and disconnections from the network may occur from time to time. Neither Hamilton.net nor the Suppliers will be liable for any damage that you may suffer arising out of use, or inability to use, the services or products provided hereunder. Neither Hamilton.net nor the Suppliers will be liable for unauthorized access to or alteration, theft or destruction of your data files, programs, procedures, or information through accident, fraudulent means or devices, or any other method, regardless of whether such damage occurs as a result of Hamilton.net’s or the Suppliers’ negligence. If you remain connected to the Service without activity for five (5) minutes, you may be disconnected.
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 HAMILTON.NET, OPASTCORP, IPASS OR iPASS’ 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 countries and states do not allow the limitation of liability, so the foregoing limitation may not apply to you.
4. You may 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, or otherwise, 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, chain letters or other similar harmful or deleterious programming routines, or (g) result in the unauthorized entry to any other machine accessible via the network. You may not use the Services to distribute any bulk unsolicited emails or otherwise cause an excessive or disproportionate load on Hamilton.net’s or the Suppliers’ infrastructure, or to otherwise interfere with or disrupt network Users, services or equipment. Any access to other networks connected to Hamilton.net’s and the Suppliers’ networks must comply with the rules appropriate for such networks. Violation of the foregoing may result in termination of Service.
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 Hamilton.net and the Suppliers, given the current regulatory and technical environment you should not have an expectation of privacy in your online activities.
7. OPASTCORP, iPass and iPass’ suppliers shall be deemed to be third-party beneficiaries of this agreement, with the right to enforce the terms of this agreement.
8. You may not resell or redistribute any of the Services without the express written consent of Hamilton.net.
9. Subject to the terms and conditions of this agreement, Hamilton.net grants to you a non-exclusive, non-transferable, limited license right exercisable solely during the term of this agreement to install and use iPassConnect. You acknowledge that the iPassConnect software contains the valuable information of iPass and its Suppliers, and agree not to cause or permit the modification, reverse engineering, translation, disassembly, or decompilation of, or otherwise to attempt to derive the source code of such software, whether in whole or in part (except to the extent permitted by applicable law). You will not obfuscate, alter or remove any copyright, trademark or other proprietary notice or legend on or in the software and associated documentation and will include all such markings in all copies of such materials.
10. As used herein, "Confidential Information" shall mean any and all technical and non-technical information identified by Hamilton.net or the Suppliers as confidential, whether in oral, written, graphic or electronic form, and provided by Hamilton.net or the Suppliers to User, including, but not limited to works of authorship, models, inventions, know-how, processes, equipment, algorithms, software source documents, and formulae related to the current, future, and proposed products and services of iPass, and including, without limitation, information concerning research, experimental work, development, design details and specifications, engineering, financial information, procurement requirements, customer lists, investors, employees, business and contractual relationships, business forecasts, sales and merchandising, marketing plans, information iPass provides regarding third parties, and any third party proprietary information rightfully held and disclosed by iPass. Confidential Information does not include information which (a) is already known by User at the time of disclosure; (b) becomes, through no act or fault of User, publicly known; (c) is received by User from a third party without restriction on disclosure or use; or (d) is independently developed by User without reference to iPass’ Confidential Information. User agrees that at all times and notwithstanding any termination or expiration of this Agreement it will hold in strict confidence and not disclose to any third party Confidential Information of iPass, except as approved in writing in advance, by iPass, and will use the Confidential Information for no purpose other than using the Services.
11. Hamilton.net, OPASTCORP, and/or iPass may suspend or terminate the Services if you breach any of these terms.