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ZIPCON ONLINE INFORMATION SERVICE AGREEMENT TERMS
Current as of September 1995
1. Zipcon Information Service (the "Service") consists of com-
puting and information services and software, information and
other content provided by Zipcon ("Zipcon"). In addition, third
parties provide information, software, and other content (collec-
tively, "Third Party Content") which may be accessed over the
Service. These terms and any Operating Rules published over the
Service constitute the entire and only agreement (collectively,
the "Agreement") between Zipcon and member (including its desig-
nated users) with respect to the Service and supersede all other
communications and agreements with regard to the subject matter
hereof.
2. Upon notice published over the Service, Zipcon may modify
this agreement, the Operating Rules or prices, and may discon-
tinue or revise any or all other aspects of the Service at its
sole discretion and without prior notice. Unless otherwise
agreed, member's right to use the Service or to designate users
is not transferable and is subject to any limits established by
Zipcon, or by member's credit card company if billing is through
a credit card.
3. Member agrees to indemnify Zipcon against liability for any
and all use of member's account.
4. Member is responsible for and must provide all telephone and
other equipment and services necessary to access the Service.
5. Member shall pay, in accordance with the provisions of the
Billing Option selected by member, any registration or monthly
fees, connect time charges, minimum charges and other charges in-
curred by member or its designated users at the rates in effect
for the billing period in which those charges are incurred, in-
cluding but not limited to charges for any purchases made through
the Service and any surcharges incurred while using any supple-
mental networks or services other than the Service. Member shall
pay all applicable taxes relating to use of the Service by member
or its designated users. Member shall be responsible for all use
of the Service accessed through member's or its designated users'
password(s).
6. MEMBER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT MEM-
BER'S SOLE RISK. NEITHER OF THE PROVIDERS NOR ANY OF THEIR IN-
FORMATION PROVIDERS, LICENSERS, EMPLOYEES, OR AGENTS WARRANT THAT
THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THE
PROVIDERS OR ANY OF THEIR INFORMATION PROVIDERS, LICENSERS, EM-
PLOYEES OR AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OB-
TAINED FROM USE OF THE SERVICE. THE SERVICE IS DISTRIBUTED ON AN
"AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IM-
PLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND IN-
CAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS
APPLICABLE TO THIS AGREEMENT. NEITHER OF THE PROVIDERS NOR ANYONE
ELSE INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICE
SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICE OR IN-
ABILITY TO USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY.
MEMBER EXPRESSLY ACKNOWLEDGES THAT THE PROVISION OF THIS PARA-
GRAPH SHALL ALSO APPLY TO THE THIRD PARTY CONTENT.
7. Except as expressly permitted in the Operating Rules, nei-
ther member nor its designated users may reproduce, redistribute,
retransmit, publish or otherwise transfer, or commercially ex-
ploit, any information, software or other content which they re-
ceive through the Service.
8. The provisions of paragraphs 6 and 7 are for the benefit of
Zipcon and their respective Information Provider, Licensers, Em-
ployees, and Agents; and each shall have the right to assert and
enforce such provisions directly on their own behalf.
9. This agreement is, and shall be governed by and construed in
accordance with the law of the State of Washington applicable to
agreements, made and performed in Washington. Any cause of ac-
tion of member or its designated users with respect to the Ser-
vice must be instituted within one year after the claim or cause
of action has arisen or be barred.
10. If Member's account is a qualified business account and ap-
proved by Zipcon for corporate billing, charges for the services
provided under this Agreement will be accumulated and identified
by User ID and will normally be invoiced following the end of the
monthly billing period in which the service is provided. Terms of
payment on all charges are net, seven (7) days in the currency in
which billed. If any payment due hereunder is not made by the
member within thirty (30) days after the invoice date, late
charges of one and one-half percent (1 1/2%) per month shall be
due and payable with respect to such payment, and Zipcon may, in
addition, at its sole discretion and without notice to the mem-
ber, (a) suspend its performance under this agreement and the
member's and its designated users' access to and use of the Ser-
vice, or (b) terminate this agreement and member's and its desig-
nated users' access to and the use of the Service. For accounts
not approved by Zipcon for corporate billing, member must provide
payment by credit card or check.
11. Notwithstanding any acknowledgment of a member purchase or-
der by Zipcon, any provision or condition in any purchase order,
voucher, or other memorandum of the member which is in any way
inconsistent with, or adds to, the provisions of this agreement
is null and void. Neither the course of conduct between parties
nor trade practice shall act to modify the provisions of this
Agreement. If any provision of this Agreement is determined to
be invalid, all other provisions shall remain in full force and
effect. The provisions of paragraphs 7, 9, and 12 and all obliga-
tions of and restrictions on member and its designated users
shall survive any termination of this Agreement.
Zipcon
6910 Roosevelt Way NE Suite 122
Seattle, WA 98115
Voice: 206-524-0612
Data: 206-576-7500
ZIPCON ONLINE INFORMATION SERVICE AGREEMENT TERMS
Current as of September 1995