Before continuing to access and use the Internet Services, please review the terms and condition of this Agreement concerning your use of the Internet Services. If you consent to be bound by the terms and conditions of this Agreement, please continue to use the Internet Services. If you do not consent to be bound by the terms and conditions of this Agreement, discontinue use of the Internet; you may not use the Internet Services.
1. Software License for New Subscribers. Subject to the terms and conditions of this Agreement, eTahoe grants you a nonexclusive, nontransferable license to use the Software in machine executable object code form on any single computer and to make one copy of the Software for archival purposes, provided that any copy must contain all of the proprietary notices on the Software. Except as otherwise expressly provided, you agree not to modify, copy, reverse engineer, decompile, disassemble, rent, lease, or transfer the Software. You understand and agree that portions of the Software include third-party software that may be subject to a separate license agreement which you will be given an opportunity to review before using such software. You understand and agree that such third-party software is subject to such separate license agreement (not this license), and you agree to comply with and be bound by such separate license agreement. If you are an existing subscriber and have not received the Software, this section may not apply to you.
2. Provision of the Internet Services. You understand and agree that, subject to the terms and conditions of the Agreement, eTahoe shall provide you with the Internet Services for your personal or internal business purposes. You understand and agree that
you are fully responsible for the use of such services by you or by anyone whom you permit to use your account. You agree not to rent, lease, loan or resell the Internet Services.
3. Acceptable Uses of the Internet Services. You agree to be subject to any and all acceptable-use policies promulgated by eTahoe or your eTahoe local Internet service provider center. These policies are available via a link on the eTahoe or The Tahoe Net local Internet service provider center website home page. In addition, you agree to use the Internet Services in a way that conforms with all applicable laws and regulations, to comply with all applicable rules regarding use of any system's networks accessed via the Internet Services, and not to use the Internet Services to send unsolicited bulk e-mails or mass advertising. You specifically agree thatyou will not use the Internet Services to post, distribute or disseminate another's proprietary information, including trade secrets or copyrighted i nformation without express authorization of the rights holder nor any material that is threatening or obscene. You understand and agree that eTahoe reserves the right to immediately remove (with or without terminating your account) from your account any material or information which infringes another's proprietary rights.
4. Payment. You understand and agree that you will be billed and will pay for the Internet Services in accordance with your agreement with your eTahoe local Internet service provider center. In the event you agree to be billed and pay by credit card, you hereby agree and give us permission to charge such credit card on a monthly basis. You understand that eTahoe may change its prices from time to time, and that you will be provided with 30 days written or electronic-mail notice of any such changes. YOU ALSO UNDERSTAND THATYOU ARE RESPONSIBLE FOR DETERMINING WHETHER A eTahoe TELEPHONE NUMBER IS WITHIN YOUR LOCAL CALLING AREA, AS WELL AS FOR ANY LONG-DISTANCE CHARGES YOU MAY INCUR IN CONNECTING TO THE INTERNET SERVICES.
5. Security. You agree to maintain your password as private and confidential information. However, you understand that Internet communications are not secure, and may be subject to interception or loss.
6. Content. You understand that content available via the Internet Services may not be accurate, that it may be intended for adult audiences, and that you may find it offensive. Use of any content, including information, programs or data, obtained from or via the Internet Services is at your own risk. eTahoe TAKES NO RESPONSIBILITY FOR THE ACCURACY OF SUCH CONTENT, OR FOR
FILTERING OR CENSORING SUCH CONTENT.
7. Warranty Disclaimer. YOU UNDERSTAND THAT THE USE OF THE SOFTWARE, THE INTERNET SERVICES, AND ANY CONTENT ACCESSED VIA THE INTERNET SERVICES, WILL BE COMPLETELY AT YOUR OWN RISK. THE SOFTWARE AND INTERNET SERVICES (INCLUDING WITHOUT LIMITATION YOUR ABILITY TO ACCESS THE INTERNET SERVICES) ARE PROVIDED "AS IS" AND eTahoe AND ITS AFFILIATES MAKE NO WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR NONINFRINGEMENT, CONCERNING THE SOFTWARE, THE INTERNET SERVICES, OR ANY CONTENT ACCESSED VIA THE INTERNET SERVICES.
8. Indemnification. You agree to defend, indemnify and hold harmless, eTahoe and its affiliates from any and all liabilities, costs, and expenses, including reasonable attorneys' fees, related to or arising from, your use of the Internet Services or use by anyone who uses the Internet Services using your account or any violation of this Agreement.
9. LIMITATION OF LIABILITY. YOU AGREE THAT eTahoe SHALL HAVE NO LIABILITY FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL OR INCIDENTAL DAMAGES REGARDLESS EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU UNDERSTAND THAT THE CUMULATIVE LIABILITY OF eTahoe FOR ANY AND ALL CLAIMS RELATING TO THE SERVICES PROVIDED BY eTahoe , IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THAT TOTAL AMOUNT OF THE BASIC SERVICE FEES PAID TO eTahoe FOR SERVICES WITHIN THE PRIOR YEAR.
10. Termination. You understand that you may terminate your account at any time, for any reason, a (30 DAY NOTICE OF CANCELATION IS REQUIRED). You understand that eTahoe may terminate your account at any time, for any reason, including, but not limited to, your failure to abide by the terms of this Agreement or your failure to pay any fees or charges when due.
11. General. You understand and agree that the laws of the Commonwealth of Virginia govern this Agreement without regard to its choice of law rules. This Agreement represents the complete agreement between eTahoe and you with respect to the subject matter of this Agreement, and supersedes any other written or oral agreement. You understand and agree that eTahoe may amend or modify this Agreement and the materials referenced herein or impose new conditions at any time. Any use of the Internet Services shall be deemed to constitute acceptance by you of the then-current service agreement (including any amendments, modifications or new conditions) as published and made available via a link on the eTahoe or your eTahoe local Internet service provider center website home page. eTahoe shall not be liable for any delay or failure in performance under this Agreement or interruption of serviceresulting from acts of God, civil or military authority, war, labor disputes, materials provided by third parties, or any cause beyond the reasonable control of eTahoe.
12. Arbitration. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration, and administered by the American Arbitration Association under its Commercial Arbitration Rules. If possible, the arbitrator will be an expert in the field of Internet services. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator maybe entered in any court having jurisdiction thereof.
