home
***
CD-ROM
|
disk
|
FTP
|
other
***
search
/
BBS Toolkit
/
BBS Toolkit.iso
/
doors_2
/
pgate.zip
/
SUBAGRE2.DOC
< prev
Wrap
Text File
|
1980-01-03
|
7KB
|
92 lines
6. Information and material supplied to Subscribers by POWERVISION
a. LIMITATION oF LIABILITY. ANY LIABILITY OF POWERVISION, INCLUDING WITHOUT LIMITATION ANY FAILURE
OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMIS-
SlON, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION
OF, OR USE OF RECORDS, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER
ANY OTHER CAUSE OF ACTION, SHALL BE STRICTLY LIMITED TO THE AMOUNT PAID BY OR ON BEHALF OF THE
SUBSCRIBER TO POWERVISIoN FOR THE POWERVISION SERVTCE IN THE PRECEDING 12 MONTHS. SOME STATES DO
NOT ALLOW THE LIMITATION OR EXCLUSIoN OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
b. LIMITED WARRANTY. POWERVISION WARRANTS THAT, IF A SUBSCRIBER IS DISSATISFIED WITH THE SERVICE,
POWERVISION WILL, UPON NOTIFICATION FROM THE SUBSCRIBER TO POWERVISION, REFUND THE SERVICE FEES
FOR ANY PREPAID FEES FOR FUTURE MONTHS. OTHER THAN THE FOREGOlNG, NO WARRANTY IS MADE BY
POWERVISION REGARDING ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH OR IN CONNEC-
TlON WITH THE POWERVISION SERVICE, AND POWERVISION HEREBY EXPRRESSLY DISCLAIMS ANY AND ALL WAR-
RANTIES INCLUDING, WlTHOUT LIMITATION: 1) ANY WARRANTIES AS TO THE AVAILABILITY, ACCURACY, OR
CONTNENT OF INFORMATION PRODUCTS, OR SERVICES; AND 2) ANY WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES,
SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL
RlGHTS AND YOU MAY AISO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
c. Information providers. Opinions, advice and all other information expressed by information providers on the POWERVISlON service
are those of the providers and not of POWERVISION. For individual situations, specific professional advice should be sought.
d. Copyright. Except for public domain material, electronic messages and material in public postings areas of the service, all material
displayed on the POWERVISION service is copyrighted and may not be copied, redistributed or downloaded, in whole or in part, without
thc prior consent of the copyright owner, unless otherwise clearly stated in this Asgreement or on the service.
Subscribers may reproduce copyrighted materials displayed on the POWEKVlSlON service solely for their own personal use, and not for
use by others, but shall preserve any copyright or other proprietary rights notices contained in or associated with such information, and may
not redistribute such materials to others, whether or not for charge or consideration.
POWERVlSlON owns the copyright to the POWERVISlON service as a whole and to the material it has created or acquired. The
POWERVISION software is Copyright @ 1990 POWERVISION.,Inc. Portions are Copyright @ 1990 Videotex of America, Inc. All rights
reserved.
The POWERVISION software is licensed only for use in accessing the POWERVISION service, and may be used or copied solely as
instructed for such use. Use or copying for any other purpose is prohibited by law and is a breach of this Agreement. By using the
POWERVISION software each Subscriber accepts the terms of this software license. Upon termination of this software license the
subscriber must return their copy of the POWERVISION software to POWERVISION or have it destroyed.
7. Information supplied by Subscribers to other Subscribers through the POWERVISION service
The POWERVlSION service enables Subscribers to share information with other Subscribers. Subscribers agree not to submit publish or
display on the POWERVISION service any defamatory inaccurate abusive obscene profane sexually explicit threatening racially
offensive or illegal material. Transmission of material that violales any federal state or local law is prohibited and is a breach of this
Agreement .
Subscribers are not to engage in advertising to or solicitalion of other Subscribers to buy or sell any products or services through the
POWERVISION service without POWERVISION's prior written consent. Subscribers are responsible for information they send or display
through the POWERVlSlON service even if a claim should arise after termination of service.
POWERVISION reserves the right to review and edit any material submitted for display or placed on the POWERVlSlON service excluding
private electronic messages.
a. Messaging. POWERVlSION will not intentionally inspect the contents of private electronic messages sent by one Subscriber to an
untitled addressee or disclose such contents to other than the sender or an intended recipient,without the consent of the sender or of the
intended recipient unless required to do so by law. Private electronic messages shall mean messages sent to other Subscribers Merchants
or Experts by means of the feature. POWERVlStON reserves the right to limit the number of and delete private electronic messages from
a Subscriber's Message Center after a period of time established by POWERVISION.
b. Public postings areas. Those areas of the service where Subscribers may submit material and view material submitted by other Subscribers
such as bulletin boards or conferences may be used for any lawful purpose consistent with this Agreement and the rules of the bulletin board.
POWERVlSlON shall have no liability for information displayed in a public postings area. Each Subscriber who submits material to a public
postings area agrees to indemnity POWERVlSlON and hold it harmless from any claim or action whatsoever arising from such submissions.
POWERVISION reserves the right without liability to remove and not to display any material at the sole discretion of POWERVISION.
All material submitted to a public postings area will be automatically deleted according to criteria established by POWERVISION.
8. Notices
Notices by POWERVlSION to subscribers may be given by means of electronic message through the POWERVISION service using the
Message center feature by a general posting on the service or by conventional mail. Notices by subscribers to POWERVISION may he
given hy electronic message or conventional mail unless otherwise specif1ed in this Agreement.
All questions complaints or notices to POWERVISION by means of electronic message must be sent to:
ID# 9999999
All questions complaints or notices to POWERVISION by conventional mail must be sent to:
POWERVISION Customer Service 11199 Sorrento Valley Road Suite L San Diego CA 92121
9. Miscellaneous
This Agreement contains the entire agreement between the Subscriber and POWERVISION regarding the use of the POWERVISION
servicc and the POWERVISION software and supersedes all prior written and oral understandings and writings and may only be amended
upon notice by POWERVISION to Subscribers or by a writing signed by the Subscriber and an authorized official of POWERVISION.
laws otherwise explicitly stated, the provisions of this Agreement shall survive its termination. This Agreement shall be governed by the
laws of the state of California without regard to its conf1ict of laws rules.