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1. Services and Conditions
of Use
Welcome to Safeguard's
online service (the "Service")! As part of our service,
Safeguard Business Systems, Inc. ("Safeguard") agrees
to provide you with information libraries, e-mail service,
bulletin boards, games and other computer services that Safeguard
may decide to offer, subject to the terms of this Agreement. Upon
notice published through the Service, Safeguard may modify this
Agreement at any time. You agree and continue to agree to use
Safeguard Services in a manner consistent with all applicable
laws and regulations and in accordance with the terms and
conditions set out in the policies and guidelines outlined below.
Please note that you will be referred to as "Customer"
from time to time in this Agreement.
2. Rules For Online Conduct
for Safeguard Chatrooms And Bulletin Boards
By using the Service, you
agree that you will not post any of the following material in
Service chatrooms, bulletin boards, or other forums
("postings"):
- Material, which
defames, abuses or threatens others.
- Statements that are
bigoted, hateful or racially offensive.
- Material that
advocates illegal activity or discusses illegal
activities with the intent to commit them.
- Unauthorized
copyrighted material.
- Material that contains
vulgar, obscene or indecent language or images.
- Advertising or any
form of commercial solicitation.
- Material that does not
pertain to the room or bulletin board's given topic.
Statements or postings,
which violate the above terms, will be deleted from postings upon
discovery. Depending on the nature of the violation, Safeguard at
its sole discretion may terminate Customer's account.
3. Software Libraries and
Copyrighted Materials
Only public domain software
or graphics files or files where the owner has given express
permission for online distribution may be posted to bulletin
boards on the Service. The posting of any other type of file and
the posting of links to any other type of file is strictly
forbidden. The following types of files are examples of strictly
forbidden postings:
Unauthorized copies of
copyrighted photographs, drawings, graphics, text or other
writings, computer programs or other software, recordings or
designs; files containing advertisements or solicitations aimed
at persuading other members to use certain goods or services;.
material of a sexually explicitly nature, including photographs
and text.
Copyrighted material,
including without limitation text, photographs, sound, video and
music, may not be placed on the Service without the express
permission of the author or owner of the copyright on the
material. Customer acknowledges that only the owner or someone
authorized by the owner to post the material may do so. The
downloading of copyrighted material is allowed by Customers only
for Customers' own use. Customers may not copy, reproduce,
retransmit, distribute, publish, commercially exploit or
otherwise transfer any copyrighted material. The burden of
determining that any information, software or any other content
on the Service is not protected by copyright rests with the
Customer. Customer acknowledges that Safeguard and/or third-party
content providers remain the owners of the posted materials, and
that Customer does not acquire any of those ownership rights by
downloading copyrighted materials.
4. Safeguard Mail
Safeguard Mail is a part of
Safeguard's service designed for private communication between
Customers. Safeguard will not monitor this communication, but
reserves the right to take action against any Customer who is
defaming, harassing or otherwise offending another Customer
through e-mail, if it comes to Safeguard's attention that this
type of abuse is occurring, as is more fully set forth in Section
2 containing the Rules for Online Conduct.
5. Limitation Of Liability
And Warranty
CUSTOMER AGREES THAT USE OF
THE SERVICE IS ENTIRELY AT CUSTOMER'S OWN RISK. SAFEGUARD'S
SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY
WARRANTY FOR INFORMATION, SERVICES, UNINTERRUPTED ACCESS, OR
PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICE,
INCLUDING WITHOUT LIMITATION THE SAFEGUARD SOFTWARE LICENSED TO
THE CUSTOMER AND THE RESULTS OBTAINED THROUGH THE SERVICE.
SPECIFICALLY, SAFEGUARD DISCLAIMS ANY AND ALL WARRANTIES,
INCLUDING WITHOUT LIMITATION: 1) ANY WARRANTIES CONCERNING THE
AVAILABILITY, ACCURACY OR CONTENT OF INFORMATION, PRODUCTS OR
SERVICES; AND 2) ANY WARRANTIES OF TITLE OR WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
THIS DISCLAIMER OF
LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE
OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT,
DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION
LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO,
ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT,
TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF
ACTION. CUSTOMER SPECIFICALLY ACKNOWLEDGES THAT SAFEGUARD IS NOT
LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER
CUSTOMERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE
FOREGOING RESTS ENTIRELY WITH CUSTOMER.
NEITHER SAFEGUARD NOR ANY
OF ITS AGENTS, AFFILIATES OR CONTENT PROVIDERS SHALL BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES ARISING OUT OF USE OF THE SERVICE OR INABILITY TO GAIN
ACCESS TO OR USE THE SERVICE OR OUT OF ANY BREACH OF ANY
WARRANTY. CUSTOMER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF
THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SERVICE.
6. Trademarks Safeguard,
the Safeguard logo, and all protected identifying marks
associated with Safeguard are trademarks of Safeguard Business
Systems, Inc. and Safeguard Business Systems, Ltd. respectively.
All other trademarks appearing on the Service are trademarks of
their respective owners.
Microsoft, Windows, Windows NT, MSN, The Microsoft
Network and other names of Microsoft products and/or services referenced herein
are trademarks or registered trademarks of Microsoft Corporation. All other
logos, registered names, product and company names mentioned herein may be the
trademarks of their respective owners.
7. Notice Safeguard may
give notice to Customers by means of a general notice on the
Service, electronic mail to Customer's e-mail address on record
in Safeguard's account information, or by written communication
sent by first class mail to a Customer's address on record in
Safeguard's account information. You may give notice to Safeguard
(such notice shall be deemed given when received by Safeguard at
any time by any of the following:
- electronic mail to info @Safeguard.com;
- letter telecopied to Safeguard at
the following fax number: ( 214 ) 905-3839;
- letter delivered by
first class postage prepaid mail or courier to Safeguard
at the following address:
Safeguard
Business Systems, Inc.
8585 N. Stemmons Freeway, Suite 600N
Dallas, Texas 75247-3824
8. Indemnification
Customer agrees to
indemnify and hold Safeguard harmless from any dispute, which may
arise from a breach of terms of this Agreement. Customer agrees
to hold Safeguard harmless from any claims and expenses,
including reasonable attorney's fees and court costs, related to
Customer's violation of this Agreement, including the Rules of
Conduct or any information, software or other content placed on
the Service by Customer.
9. Termination of Service
User may terminate this
Agreement and User's right to use the Service by selecting the
applicable cancellation button on the service. Safeguard may
terminate your account or access rights to this Service at any
time, without notice, for conduct that Safeguard believes
violates this Agreement or other policies or guidelines that
Safeguard has posted on a Safeguard service. Safeguard may
terminate your account or access rights to this Service for
online conduct that Safeguard believes is harmful to other
Customers, to Safeguard's business, or to other information
providers.
10. Choice Of Law
This Agreement shall be
construed and controlled by the laws of the State of Texas.
Further, any dispute arising from the terms of this agreement or
a breach of this Agreement will be governed by the laws of the
State of Texas. Customer agrees to personal jurisdiction by the
state and federal courts sitting in the State of Texas.
11. Merger Clause
This Agreement constitutes
the entire agreement between the parties with respect to the
subject matter contained herein and supersedes all previous and
contemporaneous agreements, proposals and communications, written
or oral between Safeguard representatives and Customer. Safeguard
may amend or modify this Agreement or impose new conditions at
any time upon notice from Safeguard to Customer as published
through the Service. Any use of the Service by Customer after
such notice shall be deemed to constitute acceptance by Customer
of such amendments, modifications or new conditions.
Copyright 1995-98 Safeguard
Business Systems, Inc. All rights reserved. Do not duplicate or
redistribute in any form. Safeguard Privacy Policy (Updated
09/17/99). Use of this site signifies your agreement to the Terms
of Service (Updated 09/17/99).
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