WORLDCOM/UUNET (3) -1999 - Laserfiche WebLink

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TERMS AND CONDITIONS 1. UUNET Technologies, Inc. ("UUNET") exercises no control over, and accepts no responsibility for, the content of the information passing through UUNET's host computers, network hubs and points of presence (the "UUNET Network"). EXCEPT AS EXPRESSLY SET FORTH IN SECTION 7 BELOW, UUNET (a) MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, FOR THE SERVICES AND EQUIPMENT IT IS PROVIDING, AND (b) DISCLAIMS ANY WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. Use of any information obtained via the UUNET Network is at Customer's own risk. UUNET specifically denies any responsibility for the accuracy or quality of Information obtained through its services. UUNET shall not be liable for any delay or failure in perforwance due to Force Majeure, which shall include without limitation acts of God, earthquake, labor disputes, changes in law, regulation or government policy, riots, war, fire, epidemics, acts or omissions of vendors or suppliers, equipment failures, transportation difficulties, or other occurrences which are beyond UUNET's reasonable control. 2. All use of the UUNET Network and the service must comply with the then-current version of the UUNET Acceptable Use Policy ("Polcy") which is made a part of this Agreement and Is available at the following URL; www.uu.net/usenollcv.html. UUNET reserves the right to amend the Policy from time to time, effective upon posting of the revised Policy at the URL or other notice to Customer. UUNET reserves the right to suspendlhe service or terminate this Agreement effective upon notice for a violation of the Policy. Customer agrees to indemnify and hold harmless UUNET from any losses, damages, costs or expenses resulting from any third party claim or allegation ("Claim") arising out of or relating to use of the service including any Claim which, if true, would constitute a violation of the Policy. 3. NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT FROM CUSTOMER'S OR CUSTOMER'S USERS' USE OF THE UUNET NETWORK AND THE SERVICE INCLUDING, WITHOUT LIMITATION, ANY SUCH DAMAGES FOR LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, MISDELIVERIES OR SERVICE INTERRUPTIONS. Notwithstanding anything to the contrary stated in this Agreement, Customer's sole remedies for any claims relating to this service or the UUNET Network are set forth in Section 7 below. 4. Connectivity is provided to Customer's organization only. Resale to or use by another organization is prohibited. Networks assigned from a UUNET net- block are non -portable. Network space allocated by UUNET must be returned to UUNET in the event Customer discontinues service. UUNET may suspend the service or terminate this Agreement effective upon notice for a violation of the terms of this Section. 5. Payment is due 30 days after date of invoice. Accounts are in default if payment Is not received within 30 days after date of hvoice. If payment is returned to UUNET unpaid Customer is immediately in default and subject to a returned check charge of $25 from UUNET. Accountsunpaid 60 days after date of invoice may have service interrupted or terminated. Such interruption does not relieve Customer of the obligationto pay the Monthly Fee. Only a written request to terminate Customer's service relieves Customer of the obligation to pay the Monthly Fee. Accounts indefault are subject to an interest charge on the outstanding balance of the lesser of 1.5% per month or the maximum rate permitted by law. Customer agree; to pay UUNET its reasonable expenses, including attorney and collection agency fees, incurred in enforcing its rights under these Terms and Conditions. Prices are exclusive of any taxes which may be levied or assessed upon the Equipment or services provided hereunder. Any such taxes shall be paid by Customer. If Customer is exempt from otherwise applicable taxes, Customer must submit its tax identification number and exemptbn certificate at the same time it submits this Agreement. 6. Billing for UUNET service will commence when a UUNET hub and a functioning telephone circuit are prepared to route IF packets to Customer's site. The Start-up Charge is Invoiced upon acceptance of this Agreement by UUNET. Charges for Equipment shall be invoiced upon shipment. Service is invoiced monthly in advance, and may be canceled only by 30 days' advance written notice; provided that Customer shall pay an additional one (1) month telco line charge. In the event of early cancellation of a Term Commitment, Customer will be required to pay 75% of UUNETS standard Monthly Fee for each month remaining in the Term Commitment. UUNET reserves the right to change the rales by notifying Customer 60 daysin advance of the effective date of the change. 7. The Service Level Agreement ("SLA") for this service, which is made a part of this Agreement, is set forth alwww.uu.netloustomers/sla/terms.html and applies only to customers agreeing to a Term Commitment of at least one year. UUNET reserves the right to amend the SLA from this to time effective upon posting of the revised SLA to the URL or other notice to Customer; provided, that in the event of any amendment resulting In a material reduction of the SLA's service levels or credits, Customer may terminale this Agreement without penalty by providing UUNET written noticeof termination during the 30 days following notice of such amendment. The SLA sets forth Customer's sole remedies for any claim relating to this service or the UUNET Network, including any failure to meet any guarantee set forth in the SLA. UUNET's records and data shall be the basis for all SLA calculations and determinations. Notwithstanding anything to the contrary, the maximum amount of credit in any calendar month under the SLA shal not exceed the Monthly Fee and/or Start-up Charge which, absent the credit, would have been charged for UUNET service that month (collectively the "UUNET Fees"); provided, that the maximum amount of credit for failure to meet the Availability Guarantee shall not exceed the sum of(a) the UUNET Fees, plus (b) the telephone company line charge which, absent the credit, would have been charged for such month. 8. Neither party may use the other party's name, trademarks, tradenames or other proprietary identifying symbols without the priorwritlen approval of the other party. Neither party may assign or transfer any of its rights or obligations under this Agreement without the express, prior written consent of the other party; provided, that either party may assign or transfer this Agreement to any affiliate of such party upon advance writen notice to the other party. No failure on the part of either party to exercise, and no delay in exercising, any right or remedy hereunder shall operate as a waiver thereof nor shall any single or partial exercise of any right or remedy hereunder preclude any other or further exercise thereof or the exerciseof any other right or remedy granted hereby or by law. 9. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provison of the Agreement. 10. UUNET agrees to indemnify, defend, and hold harmless Customerfrom claims of personal injury or damage to tangible personal property resulting from the negligent orwillful misconductof UUNET's employees while on Customer's premises; provided that Customer provides UUNET: (a) prompt notice of any such claims; (b) sole control over the defense and/or settlement of such claims; and (c) all assistance reasonably required for the defense of such claims. 11. The validity, interpretation, and performance of this Agreement shall be controlled by and construed under the Taws of the Stat: of California without application of conflicts of laws principles. Renewal —10/19/99 "THE INTERNEr AT WORK" Carr of SANTA ANA T1 11/2/98