Postime Computer Agreement
TERMS AND CONDITIONS
Read the Membership Agreement below.
Postime Computer RESERVES THE RIGHT TO CHANGE ITS RULES OF OPERATION, ACCESSIBILITY PERIODS, PRICE SCHEDULE, AND CUSTOMER IDENTIFICATION PROCEDURES
AT ANY TIME.
1. TERMS OF AGREEMENT. This Agreement shall become effective on the
Contract Date set forth above and shall remain in full force
until terminated. Either party may terminate this Agreement by giving
written notice to the other party. Termination will be effective upon the
later of receipt of the notice or the date specified in the notice.
2. CHARGES AND PAYMENTS. From the Contract Date, Customer shall be
responsible for all usage incurred by its username. All
charges for Postime Computer Inc. service shall be in accordance with the price schedule set
forth above or as modified by Postime Computer Inc. upon prior
notice to Customer. Postime Computer Inc. shall submit prior month's charges to Customer's
credit card the first week of the month and mail (or provide online access to)
a monthly statement to customer. Accounts not paid within thirty (30) days
of the date of billing will be subject to a service charge of one and
one-half percent (1 1/2%) per month. The charges for information do not
include any federal, state, county or local taxes, if any, relating to
this Agreement, however designated or levied, and Customer shall bear the
expense of any such taxes.
4. NO WARRANTY. Postime Computer Inc. MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING THOSE OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR
PURPOSE,
AS TO ANY MATTER WHATSOEVER INCLUDING, BUT NOT LIMITED TO, THE ACCURACY OF
ANY INFORMATION, PRODUCT, PROGRAM OR SERVICE FURNISHED HEREUNDER OR FREEDOM
OF ERROR OF THE INFORMATION, DATA OR PROGRAMS USED OR FURNISHED,
AND CUSTOMER SUBSCRIBES TO AND UTILIZES THE INFORMATION SERVICE AS IS.
5. CUSTOMER'S RESPONSIBILITIES AND WARRANTIES. It is expressly understood
that no part of any information received from Postime Computer Inc. may be reproduced, resold,
published, transmitted, disseminated, distributed or commercially exploited
by the Customer in its existing or any altered form or by any means,
including, without limitation, electronically or
mechanically, without the prior written consent of
Postime Computer Inc. Customer agrees not to use the
information to conduct any commercial business without the prior written
consent of Postime Computer Inc. or any activity prohibited by law. Customer acknowledges that
the assigned username and/or password is for Customer's personal use
and Customer agrees not to transfer or assign, or permit any third party to
directly or indirectly use, said username and/or password.
6. PROPRIETARY DATA. All systems, programs, data, documentation and any
other material utilized or developed by Postime Computer Inc. in connection with this Agreement
shall be and remain Postime Computer Inc. sole property. All right, title and interest in and
to all systems, programming, data, documentation, operations manuals,
components and accessories comprising the system furnishing the information
services provided by Postime Computer Inc. shall belong to
Postime Computer Inc. at all times. The title to and
copyright of all information provided by Postime Computer Inc. shall remain in
Postime Computer Inc. or its
licensors at all times. Postime Computer Inc. shall have no liability for, and Customer
indemnifies Postime Computer Inc. from, any unauthorized use of the information by Customer.
7. MISCELLANEOUS.
(a) Customer may not assign this Agreement without the prior written
consent of Postime Computer Inc.
(b) No waiver of any breach of any provision of this Agreement shall
constitute a waiver of any subsequent breach of the same or other provisions
of this Agreement, and no waiver shall be effective unless made in writing.
(c) This Agreement represents the entire agreement between the parties,
provided that Postime Computer Inc. reserves the right, in its sole discretion and without
prior notice, to modify this Agreement or establish Operating Rules by
delivery of a notice to Customer as provided herein or by publishing such
modification or such Operating Rules online when the information being
purchased hereby is accessed by Customer.
(d) Any notice required or permitted herein shall be in writing and
delivered by mail, postage prepaid, or by fax or e-mail to the party to
receive at the address or fax number on the reverse side hereof.
(e) This Agreement shall be construed to be between merchants and, except
as limited in subparagraph (a) above, shall be binding upon the parties,
their successors, legal representatives and assigns.
(f) Subscriber agrees to pay all reasonable attorney fees and costs incurred
by Postime Computer Inc. if Postime Computer Inc. prevails in enforcing any provisions of this agreement
including, but not limited, to the cost of collecting any sums owed.
(g) This Agreement shall be governed by the laws of the
State of Delaware.