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Acceptance of this Agreement
This AccessNet web site and all of its Web Sites and information
(the "Web Site") are provided to you under these
"Terms of Use" and any amendments to these Terms
of Use that may be posted by AccessNet from time to time (collectively,
the "Agreement"). BY ACCESSING, BROWSING AND/OR
USING THIS SITE AND/OR ANY WEB SITES PROVIDED BY AccessNet,
YOU AGREE TO BE BOUND BY THE AGREEMENT. The Agreement constitutes
the entire agreement between you and AccessNet and supersedes
any prior agreements between you and AccessNet regarding the
use and contents of this Web Site.
Privacy
AccessNet is committed to protecting your privacy. The information
that we obtain through your use of the the site, or through
any registration process or otherwise, is subject to our Privacy
Policy.
Modifications to this Agreement
AccessNet may make changes to this Agreement from time to
time in its sole discretion, and will post any such changes
on the Web Site. Your continued use of the Web Site constitutes
your acceptance of any such changes.
Modification or Suspension of the Web Site
You agree that AccessNet may, in its sole discretion, and
at any time, discontinue, suspend or modify its operation
of this Web Site, or any part thereof, temporarily or permanently,
without notice to you, and you agree that AccessNet shall
not be liable therefore.
International Use
You agree to comply with all applicable local laws regarding
online conduct and acceptable Content, including without limitation,
laws regarding the transmission of technical data exported
from the United States or the country in which you reside.
Proprietary Rights
You agree that content available through the Web Site, including
without limitation, content in the form of text, graphics,
software, music, sound, photographs, and videos, and content
provided by suppliers, sponsors or third party advertisers,
is protected by copyrights, trademarks, Web Site marks, patents
or other proprietary rights and laws. Except as expressly
authorized by AccessNet or the applicable supplier, sponsor
or advertiser, you agree not to copy, modify, rent, lease,
loan, sell, assign, distribute, license, reverse engineer
or create derivative works based on the Web Site or any content
(including without limitation any software) available through
the Web Site.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE WEB
SITE IS AT YOUR SOLE RISK. THE WEB SITE IS PROVIDED ON AN
"AS IS" AND "AS AVAILABLE" BASIS. TO THE
FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ACCESSNET
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS
OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
ACCESSNET DOES NOT MAKE ANY WARRANTY THAT THE WEB SITE WILL
MEET YOUR REQUIREMENTS, OR THAT THE WEB SITE WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS, IF ANY, WILL
BE CORRECTED; NOR DOES ACCESSNET MAKE ANY WARRANTY AS TO THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEB SITE,
AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED
THROUGH THE WEB SITE, AS TO THE QUALITY OF ANY PRODUCTS, WEB
SITES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED
BY YOU THROUGH THE WEB SITE OR AS A RESULT OF THE WEB SITE,
OR AS TO ANY TRANSACTIONS ENTERED INTO BY USE OF OR AS A RESULT
OF THE WEB SITE.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED
OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEB SITE IS AT
YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY YOU FROM ACCESSNET OR THROUGH THE WEB SITE SHALL CREATE
ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Limitations of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES,
INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL ACCESSNET
OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF
PROFITS, USE, DATA, GOODWILL OR OTHER INTANGIBLES, EVEN IF
ACCESSNET OR ITS SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES, RESULTING FROM: (1) THE USE OR THE INABILITY
TO USE THE WEB SITE, (2) THE COST OF PROCUREMENT OF SUBSTITUTE
GOODS AND WEB SITES RESULTING FROM ANY GOODS, DATA, INFORMATION
OR WEB SITES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR
TRANSACTIONS ENTERED INTO BY MEANS OF OR THROUGH THE WEB SITE,
(3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS
OR DATA, (4) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY
ON THE WEB SITE, (5) THE CONTENT OF THE ACCESSNET DIRECTORY,
OR, (6) ANY OTHER MATTER RELATING TO THE WEB SITE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION
OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME
OF THE ABOVE MAY NOT APPLY TO YOU.
Your Contact With Advertisers Or Other Third Parties
Your dealings with advertisers or other third parties found
on or through the Web Site, including your participation in
promotions, the payment for and delivery of goods and Web
Sites, and any terms, conditions, warranties or representations
associated with such dealings are solely between you and the
third party. AccessNet does not make any representations or
warranties with respect to any goods or Web Sites which may
be obtained from such third parties, and you agree that AccessNet
will have no liability with respect to any loss or damage
of any kind incurred as a result of any dealings between you
and any third party, or as a result of the presence of such
third parties on the Web Site.
Links
The Web Site, or third parties on the Web Site, may provide
links to other sites and/or resources over which AccessNet
has no control. You agree that AccessNet has no responsibility
for and no liability for the availability of such external
sites or resources, or for the Content, advertising, products
or other materials available through such sites or resources.
Indemnification
You agree to indemnify and hold harmless AccessNet, its parents,
subsidiaries, affiliates, officers, directors, agents, employees,
co-branders or other partners, and suppliers, from any claim,
demand, action, or damage, including reasonable attorneys'
fees, made by any third party due to, arising out of or related
to your use of the Web Site, Content you submit, post or transmit
through the Web Site, your violation of the Agreement or any
rights of another, or your connection to the Web Site.
Trademark Notices
AccessNet, the AccessNet logo, are service marks and trademarks
of Atlantic Communications, Inc. You may not use or display
these marks without Atlantic Communication's prior written
consent. All other trademarks appearing on the Web Site are
the property of their respective owners.
Copyright, Copyright Agent
AccessNet respects the intellectual property of others, and
we ask our users to do the same. If you believe that your
work has been copied in a way that constitutes copyright infringement,
please provide AccessNet's Copyright Agent the following information:
1. an electronic or physical signature of the person authorized
to act on behalf of the owner of the copyright interest;
2. a description of the copyrighted work that you claim has
been infringed;
3. a description of where the material that you claim is
infringing is located on the Web Site;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that
the disputed use is not authorized by the copyright owner,
its agent, or the law;
6. a statement by you, made under penalty of perjury, that
the above information in your notice is accurate and that
you are the copyright owner or authorized to act on the copyright
owner's behalf.
AccessNet Copyright Agent for Notice of claims of copyright
infringement on its site is Mr. Chuck Blount, who can
be reached as follows:
By mail: 925 48th Street, Newport News, VA 23607
By telephone: 757.595.7163
By email: homeoffice@accessnet.com
Applicable Law
This Agreement shall be governed by and construed in accordance
with the laws of the State of Virginia, without giving effect
to conflict of laws provisions. You and AccessNet agree to
submit to the personal and exclusive jurisdiction of the courts
located within the city of Richmond, Virginia.
Miscellaneous
If any provision of this Agreement is found by a court or
other binding authority to be invalid, you agree that every
attempt shall be made to give effect to the parties' intentions
as reflected in that provision, and the remaining provisions
contained in this Agreement shall continue in full force and
effect.
You agree that any claim or cause of action arising out of
your use of the Web Site or this Agreement must be filed within
one year after such claim or cause of action arose or it shall
forever be barred, notwithstanding any statute of limitations
or other law to the contrary.
Any failure by AccessNet to enforce or exercise any provision
of this Agreement or related right shall not constitute a
waiver of that right or provision.
Problems? If for some reason you believe that AccessNet has
not adhered to this Privacy Policy, please notify us by email
at homeoffice@AccessNet.
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