You represent that you are at least eighteen years old. By registering as a Subscriber, you will receive an "Account" with a user ID and select a password. You are entirely liable for all activities
conducted through your Account and any sub-accounts or screen names under your Account. (You may permit another individual, including a minor, to use your Account subject to your supervision and with assumption of all resulting liabilities.) You agree to provide Commerce Care, Inc. with accurate, complete and updated registration information, and failure to do so shall constitute a breach of this Agreement and unauthorized access to ccOrb, and may result in immediate termination of your Account and subject you
to civil and/or criminal liability. Commerce Care, Inc. reserves the right to disclose to third parties certain limited subscriber information (e.g., your name, mailing address and email address) available to selected
vendors for the purpose of providing to Subscribers information about related products and services and available to other Subscribers for email communications.
Current rates and surcharges for using ccOrb may be obtained by
selecting "Our Services" or by calling (307) 674-8657 Monthly service
charges are billed in advance with usage billed in arrears. The first
month's bill will reflect a total of set-up fee, prorated service fees for
the partial month from date of service initiation to first monthly billing
date, and advanced monthly billing. ccOrb. reserves the right to
change its fees and billing methods at any time effective upon thirty (30)
days' prior notice by posting such change(s) in the "ccOrb Services" area. If any change in fees or billing methods is unacceptable to you, you may immediately terminate your Subscription as provided in Section 8 below. Your continued use of ccOrb
following any such changes in fees or billing methods shall be deemed
acceptance of such changes. Your monthly membership fee is payable in
advance; upon cancellation or termination of your account, it will be
credited for any pre-paid, unused service fees. You are responsible for
all charges associated with connecting to ccOrb through an available
access number. Depending on your particular location, the nearest access
number may or may not be a local phone call. You are responsible for all
activities and charges under your Account, including any unauthorized charges to your account, until you notify ccOrb of any breach of security by calling ccOrb Communications at (307) 674-8657 and change your password. Each time you use ccOrb you agree and reaffirm that Commerce Care, Inc. is authorized, as applicable, to charge your designated card or withdraw funds via electronic funds transfer from your checking account.
(a) Content.
You acknowledge that (i) ccOrb contains information, communications,
software, photos, video, graphics, music, sounds and other material and
services (collectively, "Content"), and (ii) such Content is generally
provided under license by independent content providers ("ICPs") and other
ccOrb subscribers. You and any user of your Master Account have a
responsibility to evaluate, and bear the risk associated with, the
accuracy, completeness or usefulness of any Content available through
ccOrb. Commerce Care, Inc. does not pre-screen Content as a matter of
policy. However, if Commerce Care, Inc. becomes aware, through subscriber complaints or otherwise, of any Content that it, in its sole discretion, considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, harmful, offensive, or otherwise objectionable or in violation of the CA, Commerce Care, Inc. shall have the right, but not the responsibility, to remove such content and to terminate membership without notice.
(b) Rights.
You acknowledge that (i) ccOrb permits access to Content that is protected by copyrights, trademarks
and other proprietary (including intellectual property) rights
("Rights"), and (ii) that these Rights are valid and protected in all
media existing now or later developed and (iii) except as is explicitly
provided otherwise, your use of Content shall be governed by applicable
copyright and other intellectual property laws. You agree that you may
upload to the software files, message boards or otherwise transmit on or
through ccOrb only Content that is not encrypted, Content that is not subject to any Rights, or Content in which any holder of Rights has given express authorization for distribution on ccOrb. By submitting Content to any "Public Area" (e.g., public message boards, newsgroups and file areas), you automatically grant -- or warrant that the owner of such Content has expressly granted - Commerce Care, Inc. the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed for the full term of any Rights that may exist in such Content. You may not select or use a screen name of another person (unless it’s also your name), or a name subject to the Rights of any person other than you. You also may not use a screen name that suggests to Subscribers the availability of Content that Commerce Care, Inc. in its sole discretion, considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, harmful, offensive, or otherwise objectionable or in
violation of the CA. You will not attempt to conceal or disguise your screen name in any communication with or via ccOrb. Commerce Care, Inc. reserves the right to limit in its sole discretion the space allocated for storage of your electronic mail and the time for which it will be preserved, as well as the volume of traffic permitted to any personal Web page if, by way of examples and not limitation, unusually heavy volume may result in abnormally high usage fees or may impede the operation of the service.
(c) Conduct and Communication.
Commerce Care, Inc. may elect at its sole discretion to monitor some, all
or
none of the Public Areas of ccOrb for adherence to the CA. A connection
to ccOrb is not intended to be a dedicated Internet access line;
consequently, Commerce Care, Inc. reserves the right to disconnect lines that
Commerce Care, Inc. suspects in the good faith exercise of it's judgement, are
being used for that purpose. You agree to use ccOrb only for lawful purposes. Any conduct by you that in Commerce Care's sole discretion restricts or inhibits any other subscriber, person or entity from using or enjoying ccOrb
or another service will not be permitted and shall entitle Commerce Care, Inc.
to immediately terminate membership without notice. Commerce Care intends to respect your privacy and will not randomly monitor or disclose the contents of private communication (e.g., email). However, Commerce Care reserves
the right, as permitted by law, to monitor or disclose the contents of private communication, if it in good faith believes that such action is necessary (i) to comply with applicable law or valid legal process (e.g., warrant, court order), (ii) to protect the rights or property of Commerce Care, Inc. or (iii) in emergencies when physical safety is at issue.
Without the prior written consent of Commerce Care, Inc. Customer will not access, or attempt to access, any equipment or facilities furnished by Commerce Care in connection with this Agreement. Customer agrees to use Internet access only for lawful purposes. Any conduct by Customer that in Commerce Care's sole discretion restricts or inhibits any other Internet Service Provider, subscriber, person or entity from using or enjoying ccOrb or another service will not be permitted and shall entitle Commerce Care to immediately terminate service without notice provided Commerce Care has made best efforts to attempt to resolve issue with Customer. Examples of such conduct include, but are not limited to, sending of Unsolicited Bulk Email (UCE) or "SPAM", Commercial advertisements in USENET Newsgroups not intended for that purpose, attempts to access remote computing systems without permission, and attempts to subvert any network security measures of ccOrb or any other network. Customer will indemnify and hold harmless Commerce Care, Inc. its officers, directors, employees and agents, from and against any loss or expense, of whatever nature, arising out of any unauthorized
access to any equipment or facilities furnished by Commerce Care, Inc. in connection with
this Agreement.
(d) Electronic Mail Policy.
Customer will be permitted to store electronic mail messages on the
ccOrb Internet Access mail servers for a period not to exceed sixty (60)
days. ccOrb Internet Access reserves the right to remove from the mail
servers any and all mail messages that are greater than sixty (60) days
old. Customer will be permitted to store an amount of electronic mail on
the ccOrb internet Access mail servers not to exceed five (5) MB
(megabytes) in size. ccOrb Internet Access reserves the right to remove
from the mail servers any and all messages that cause the Customer to
exceed this limit. Additionally, ccOrb Internet Access reserves the
right to refuse to accept delivery of any and all mail messages that would cause Customer to exceed any of the limitations described herein. Customer will indemnify and hold harmless Commerce Care, Inc. its officers, directors, employees and agents, from and against any loss or expense, of whatever nature, arising out of ccOrb Internet Access' enforcement of this policy.
(a) International Areas.
You acknowledge that your use of ccOrb allows access to Content originating from subscribers, ICPs and other third parties located in countries other than the United States ("International Service"). Your access to and use of the International Service will be governed (in addition to this Agreement) by separate terms and operating policies which conform to the appropriate national laws and customs.
(b) Internet.
ccOrb offers Subscribers access to the Internet. The Internet is not owned, operated or managed by, or in any way affiliated with, Commerce Care, Inc. or any of its affiliates; it is a separate network of computers, independent of ccOrb. Your use of the Internet is solely at your own risk and is subject to all applicable local, state, national and international laws and regulations. Commerce Care, Inc. retains the right, but not the obligation, in its sole discretion and without prior notice or liability, to restrict or terminate your access to the Internet via ccOrb or your access to ccOrb.
Commerce Care, Inc. grants you a non-exclusive, limited license to use the software through which you access ccOrb ("ccOrb Software") only for use in connecting to ccOrb from authorized locations in accordance with this Agreement.
YOU EXPRESSLY AGREE THAT USE OF ccOrb, ccOrb SOFTWARE AND THE INTERNET ARE AT YOUR SOLE RISK. ccOrb AND ccOrb SOFTWARE ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. COMMERCE CARE INC'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO USE OF ccOrb AND ccOrb SOFTWARE SHALL BE THE REPLACEMENT OF ANY DISKETTE FOUND TO BE DEFECTIVE. COMMERCE CARE INC'S LIABILITY TO YOU FOR BREACH OF THIS AGREEMENT IS LIMITED SOLELY TO THE AMOUNT PAID BY YOU TO ACCESS AND USE ccOrb. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES COMMERCE CARE INC'S LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
Upon request of Commerce Care you agree to defend, indemnify and hold
harmless Commerce Care, Inc. its affiliated companies, licensees and ICPs
from
all liabilities, claims and expenses, including without limitation,
reasonable attorney's fees, arising from breach of the CA by use of your
Account, or in connection with, the transmission by or through your
Account of any Content on ccOrb. Commerce Care, Inc. reserves the
right,
at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and in such event, you shall have no further
obligation to provide indemnification for such matter.
Either you or Commerce Care may terminate the Subscription at any time.
Your only right with respect to any dissatisfaction with any (i) CA term,
or policy or practice of Commerce Care, Inc. in operating ccOrb, (ii)
Content available through ccOrb, or (iii) amount or type of fees or
billing methods is to terminate your Subscription by delivering notice to
Commerce Care Inc. Any such notice of termination will be effective upon
its
actual receipt by Commerce Care. In the event that your Account is terminated or canceled, any online time credited to your Account is not convertible to cash or other form of credit.
Should any part of the CA be held invalid or unenforceable,
that portion shall be construed consistent with applicable law as nearly
as possible to reflect the original intentions of the parties and the
remaining portions remain in full force and effect. The CA shall be
governed by the laws of the State of Wyoming, excluding its conflicts of
law rules, and you and Commerce Care, Inc. each submit to the exclusive
jurisdiction of the courts of the State of Wyoming.
