Central House Accelerator

Customer Info

First Name	*
Last Name	*
Company	(Required if billed to company )
Position/Title
Phone Number	* Ext.
FAX Number
Email Address	*
UserName	* (Check if a UserName is available)
Password	* (8-16 characters )
Password Confirm	* tips on password security
Security Question	*
Security Response	*
Account Guarantor	Me Personally My Company (who is paying the bill?)*

Customer Address

Address	* (Physical or Mailing)
City	*
State	*
Postal Code	*
Country	*

Billing Address (Must match Credit Card Billing Address)

Your billing address must match the address your Credit Card has on file, as we do verify this.
If the above address is the same as your credit card billing address, then check this box .
Otherwise, provide your billing address (where your credit card statement is received).

Billing Address	(Required if different than above )
City	(Required if different than above )
State	(Required if different than above )
Postal Code	(Required if different than above )
Country	(Required if different than above )

Optional Info

How did you hear about us ?	*
Other Source
Additional Comments

Payment Info:

Name on Card	*
Select Card Type	*
Enter Card Number	* Ex: ( 1234567890123456 )
CCV#	* What is a CCV?
Expiration Date	* Ex: ( MM/YY )

Service Desired:

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Terms and Conditions (you must agree to the terms to proceed)


Central House Terms and Conditions (Required to proceed)
DIALUP ACCESS and ACCELERATOR TERMS OF SERVICE revised 4-25-05 DIALUP ACCESS: By requesting a dialup account from Central House, you agree to the following: 1. Provision of Services/Access I understand and agree that, subject to the terms and conditions of this Agreement, and the policies referenced herein, Central House shall provide me (the Subscriber) with certain Internet access and/or web site hosting services (the Network). By accessing the Internet through the Central House Network, I understand that I, and/or any person using my login identification (Authorized Users) explicitly and implicitly accept the terms and conditions contained in this Internet Access Agreement (the Agreement) and I agree to be bound thereby. I UNDERSTAND THAT CENTRAL HOUSE RESERVES THE RIGHT TO TERMINATE THIS ACCOUNT AT ANY TIME, FOR ANY REASON. I understand and agree that I am fully responsible for the use of the Network by me or by anyone whom I permit to use my account, and that Central House reserves the right to terminate my account at any time, for any reason. Central House will provide me and my authorized users’ access to the Internet subject to conditions generally beyond the control of Central House, including, but not limited to, the type and condition of the equipment (personal computer, modem, etc.) I have. I understand that simultaneous, multiple logins under the same login identification are not allowed. I understand that the Network may be temporarily unavailable or limited because of capacity limitations and may be temporarily interrupted or curtailed due to equipment modifications, upgrades, relocations, repairs, and similar activities; necessary for the proper operation of Network, as well as conditions of the Internet beyond Central House’s control. My Obligations: a) I understand that I am responsible for determining whether a Central House phone number is within my local calling area, and for any long distance charges I may incur in connecting to Central House’s network. b) I understand that I may cancel my account at any time, but that I am responsible for the entire monthly charge in the month in which I cancel, in addition to any additional usage charges accrued though the day I cancel. I also understand that Central House requires at least 3 business day’s notice of cancellation. c) I understand that Central House may change its prices from time to time, and that I will be provided with advance written or electronic mail notice of any such changes. d) I understand that I can not use or permit other users to use the Network in ways: i) that are unlawful; or ii) infringe the rights of others; or iii) interfere with users of Central House’s Network or other networks; or iv) infringe upon the copyrights, trademarks or other intellectual property rights of others; or v) otherwise violate the policies referenced in this Agreement. f) I understand that I must comply with U.S. export laws concerning the transmission of technical data and other regulated materials via the Network (i.e., data encryption software). Security: I understand that the information available through Central House’s Network or other interconnecting networks may not be accurate, including the content displayed on my PC’s desktop. I understand that some of the information available through the Internet may be intended for adult audiences. I understand that internet communications are not secure, and may be subject to interception or loss. I understand that Central House makes no warranties of any kind, whether expressed, implied, or statutory concerning either the security of data and/or information or its accuracy available through the Central House Network, or other interconnecting networks. 2. Term and Termination I agree that this Agreement becomes effective upon registration of my login identification name and shall remain in effect for the period indicated in the rate plan selected or until terminated as provided in this Agreement. I further acknowledge that this Agreement shall continue in effect for consecutive additional terms following the Initial Term until either Party gives the other party online notice or other notice of termination at least thirty (30) calendar days prior to the expiration of the then-current term. I understand that Central House reserves the right to terminate my account at any time, for any reason, including, but not limited to, my failure to abide by the terms of this agreement or my failure to pay any fees or charges when due. If my account is deactivated, I understand that I will be required to pay reactivation charges in order to reactivate my account. If my account remains inactive for a period exceeding thirty (30) days consecutively, I understand my account may be deleted. If my deleted account includes content stored on Central House’s servers, anything stored therein will also be deleted. I understand that violation of certain generally accepted guidelines on Internet usage, such as restrictions on mass e-mailings and mass advertising, or posting to inappropriate newsgroups, may cause severe operating difficulties for Central House, and would likely be a cause for termination of my account. I agree to abide at all times by Central House’s then-current Usage Policies. 3. Pricing/Payments/Credits I understand that Central House’s monthly billing cycle runs from the date of registration to the same date the following month. I agree and understand that I will be billed for the next month’s basic service fee on the anniversary date each month, and that invoice will reflect the next month’s basic service along with additional usage fees, if any, from the previous month. Central House does not mail copies of invoices. Invoices will be e-mailed before the due date. Monthly payments are due by the last day of each month to pre-pay for the following month's Internet access. Invoices will be emailed prior to payment date. Customers may print out a payment coupon by going to www.centralhouse.net. I agree that all charges are considered valid unless disputed in writing within thirty days of invoice date. I understand there shall be no credits, reductions, or setoffs against the charges for service for downtime or interruption of Service. I understand there will be no prorating for Service in either the first or last months of Service. 4. Disclaimer and Limitation of Liability I understand that the use of my Central House account, and any data or information accessed using that account, will be completely at my own risk. I understand that the cumulative liability of Central House for any and all claims relating to the services provided by Central House, in contract, tort, or otherwise, shall not exceed that total amount of the basic service fees paid to Central House for services within the preceding twelve months. I agree that Central House shall have no liability for any consequential, indirect, special or incidental damages regardless of the success or effectiveness of other remedies. CENTRAL HOUSE SHALL NOT BE LIABLE FOR INTERRUPTIONS CAUSED BY FAILURE OF EQUIPMENT OR SERVICES, FAILURE OF COMMUNICATIONS, POWER OUTAGES, OR OTHER INTERRUPTION, NOR SHALL CENTRAL HOUSE BE LIABLE FOR PERFORMANCE DEFICIENCIES CAUSED OR CREATED BY SUBSCRIBER’S OR ITS AUTHORIZED USERS’ EQUIPMENT. SUBSCRIBER HEREBY RELEASES CENTRAL HOUSE FROM LIABILITY ARISING FROM ANY CONTENT ACCESSED VIA THE NETWORK. 5. Law and Jurisdiction I understand and agree the laws of the State of California govern this Agreement and my Central House account. I expressly agree that exclusive jurisdiction for any claim or dispute with Central House or relating in any way to my account or my use of Central House resides in the courts of California. I further agree and expressly consent to the exercise of personal jurisdiction in the courts of California in connection with any such dispute, including any claim involving Central House or its affiliates, subsidiaries, employees, contractors, officers, or directors. 6. Illegal Use of Central House Network: Central House neither censors nor precludes any content passing through its network. However, Central House will not allow any user to use the Central House Network in a manner that is illegal, or infringes on the rights of others. Central House will cooperate with legal authorities in the investigation of any suspected criminal or civil infringements. The following are examples of unacceptable use: Fraud: Fraud is making a knowing misrepresentation or misleading statement, writing or activity with the intent that the person receiving it will act upon it. Child Pornography: [18 U.S.C § 2256] defines child pornography as any visual depiction, including any photograph, film, video, picture, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, of sexually explicit conduct, where (A) the production of such visual depiction involves the use of a minor engaging in sexually explicit conduct; (B) such visual depiction is, or appears to be, of a minor engaging in sexually explicit conduct; (C) such visual depiction has been created, adapted, or modified to appear that an identifiable minor is engaging in sexually explicit conduct; or (D) such visual depiction is advertised, promoted, presented, described, or distributed in such a manner that conveys the impression that the material is or contains a visual depiction of a minor engaging in sexually explicit conduct. Such visual depictions are illegal to possess, produce, receive, transport or distribute by any means, including computer. Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Rights: The Digital Millennium Copyright Act [17 U.S.C. § 512(c)] sets forth our responsibilities and duties as an ISP. The act requires us to take down any content on our servers that is properly alleged to be a copyright infringement, and we can only restore the content upon receipt of proper counter-notice. To notify us of a suspected infringement please contact our Infringement Notification Department. Illegal Software Exportation: All users must comply with U.S. export laws concerning the transmission of technical data and other regulated materials via the Central House Network (i.e., data encryption software). This list is representative of prohibited activities and is not all inclusive. Network Resource Usage: Central House will not tolerate any conduct that constitutes invasions of privacy, or otherwise compromises the security of our users, our Network or its resources. Such acts include, but are not limited to: Hacking/Violation of Privacy/Unauthorized Use: attempting to access the accounts of others; penetrating or attempting to penetrate security measures of other computer systems, whether or not the intrusion results in corruption or loss of data; actual or attempted unauthorized entry and/or use of another company’s and/or individual’s computer system. This list is representative of prohibited activities and is not all inclusive of future violations. Central House has a zero-tolerance for E-mail and Network resource violations. Violators’ accounts will be promptly terminated without notice. 7. Dialup Access E-Mail Policy E-Mail Abuse: Central House maintains a zero tolerance for Spam. Spam is the Internet equivalent to junk mail or unwelcome telemarketers’ calls. Whether solicited or not, bulk e-mailings cause tremendous strain on our Network resources. Some courts have even held Spam to be an illegal trespass to an Internet Service Provider’s property. In Internet culture (Netiquette), sending Spam is fiercely frowned upon. In fact, if we don’t strictly monitor it, our upstream Internet access providers will disconnect us from the Internet for allowing Spam to be passed through our Network. Spam costs all ISPs - including Central House - and those additional costs ultimately translate into either increased access costs for you, or in degraded Internet access service. Neither of these is desirable for Central House. For these reasons, we prohibit all forms of e-mail abuse, including, but not limited to, the following: Unsolicited E-Mail: Posting of messages to newsgroups that is irrelevant or blanket posting of messages to multiple newsgroups, or distributing, via our Internet e-mail servers, chain letters or "junk" e-mail or unsolicited e-mail of a business or commercial nature; Mail Bombing/Flaming/Harassing E-mail: Malicious impediments to another person’s use of their electronic mail services or news media by sending them e-mail numerous times in succession (e.g. Mail Bombing); any mail that is sent to another that is annoying, harassing, threatening, or otherwise malicious; Fraudulent E-Mail: Forging any message header, in part or whole, originating or passing through the Central House Network. Please Remember That You May Become the Target of Spam as a Result of Electronically Registering a Product, Signing Up For Product Updates or Otherwise Opting in to an E-Mail list. Central House Accelerator Terms of Service / Software License Agreement READ THE FOLLOWING TERMS OF SERVICE AND SOFTWARE LICENSE AGREEMENT CAREFULLY. INDICATE YOUR ACCEPTANCE OF THESE TERMS BY CLICKING THE "ACCEPT" BUTTON, IF SHOWN BELOW, OR CLICKING THE "COMPLETE ORDER" BUTTON AS PROMPTED DURING THE SUBSCRIPTION PROCESS. IF YOU DO NOT AGREE TO ALL THESE TERMS, SELECT THE "NO" BUTTON IF SHOWN BELOW, OR DO NOT COMPLETE THE SUBSCRIPTION PROCESS. BY CLICKING THE "ACCEPT" BUTTON, CLICKING THE "COMPLETE ORDER" BUTTON, OR BY INSTALLING, COPYING OR OTHERWISE USING ANY PART OF THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF SERVICE AND THE SOFTWARE LICENSE AGREEMENT. Central House Accelerator Client Software TERMS OF SERVICE. SERVICE DESCRIPTION; ACCEPTANCE OF TERMS THROUGH USE The Central House Acceleration Service ("Service") is being provided to Customer, the end-user ("Customer"), by Central House ("Central House"). The Service is a subscription-based content acceleration service that consists of client software installed on Customer’s PC as an independent local proxy that communicates with a server network infrastructure on the Internet. In combination, these components are designed to use transformation, compression, and caching techniques to speed up the delivery of HTTP-requested data from Web sites on the World Wide Web to Customer’s PC. The client-server solution is designed to transparently accelerate the delivery of both static and dynamically generated text (completely loss-less) and graphics (Customer can control level of lossiness) from Web sites. The client software on Customer’s PC connects to a server network infrastructure that is deployed on the Internet and operated as a managed service by Central House and/or other service providers. The Service does not enable Customer to access the Internet. Customer must separately have an Internet access service. Customer’s PC should have an Internet connection running between 14.4 and approximately 400 kbps (kilobits per second). Typically this means a dial-up modem, however, some slow DSL and ISDN systems would qualify. [Note: systems operating at a speed above approximately 400 kbps will not be accelerated.] Central House may at any time without notice or liability, restrict the use of the Service or limit its time of availability in order to perform maintenance activities. By using the Service, Customer agrees to all terms, conditions, and notices contained or referenced herein (the "Terms of Service"). If Customer do not agree to the Terms of Service please do not use this Service. Central House reserves the right, at its discretion, to update or revise the Terms of Service/Software License Agreement without notice. USER CONDUCT/ACCEPTABLE USE POLICY Customer agrees not to use the Service for any unlawful or improper purpose. Customer shall not allow any other person to access the Service provided to Customer pursuant to these Terms of Service. Customer may use the Service on only one computer system at a time. CENTRAL HOUSE’S goal is to provide a high quality service to our Customers. To help ensure our high standards are met, Central House has established certain responsibilities regarding the use of the Service. Customer agrees to adhere to the Central House Acceptable Use Policy. The Acceptable Use Policy describes activities which Central House considers to be violations of the Terms of Service and which are therefore prohibited. The examples listed are not exhaustive and may change from time to time. They are provided solely for guidance to Central House customers. Customer agrees: That Customer is entitled to contract without the consent of another person; To review any Terms of Service/Software License Agreement updates Central House provides. Customer’s continued use of the Service shall be construed as Customer’s acceptance of the updated Terms of Service/Software License Agreement terms; To provide to Central House, Customer’s accurate and truthful registration information (such as Customer’s name, address, telephone number and credit card information) and to keep current all registration information, using the Service; Not to assign, or otherwise transfer, these Terms of Service/Software License Agreement or Customer’s rights under it, delegate Customer’s obligations, or resell the Service. Any attempt to do so is void; That Customer is responsible for the results obtained from the use of the Service; Not to introduce viruses, worms, harmful code and/or Trojan horses on the Internet; To obtain Internet access service; To obtain, install and maintain suitable equipment and software as necessary to access the Service; Not to use the Service for any criminal or illegal activities, or post any information that might be legally actionable; Not to use the Service for spamming or flaming, to hack or otherwise obtain unauthorized access; To be responsible for accurately addressing information sent using the Service; To obtain all required permissions if Customer uses the Service to receive, upload, download, display, distribute, or execute programs or perform other works protected by intellectual property laws, including copyright and patent laws; To comply with all applicable laws, regulations, or conventions, including those related to data privacy, international communications, and exportation of technical or personal data; Not to delete or alter author attributes or copyright notice, unless expressly permitted in writing by the author or owner; To give all required notices under these Terms of Service/Software License Agreement in the manner set forth in the Notices section below; To pay any taxes, including personal property taxes, resulting from Customer’s use of the Service provided under these Terms of Service. This does not include taxes based on CENTRAL HOUSE’S net income; To pay charges for the Service; To promptly notify Central House if Customer suspects unauthorized use of the Service. Until notified, Customer remains responsible for unauthorized use. Liability for use of a credit, debit, or charge card remains subject to Customer’s agreement with Customer’s card issuer; To provide Central House with the requested identification in connection with security matters; Not to forward or otherwise propagate chain letters and pyramid schemes, whether or not the recipient wishes to receive such mailings; Not to advocate, promote or otherwise encourage violence against governments, organizations, groups or individuals or post, disseminate or transmit any content that provides instruction, information or assistance in causing or carrying out such violence; Not to post, disseminate or transmit any content that sells any products or services that are unlawful in the location at which the content is posted or received; Not to post, disseminate or transmit any content that promotes, markets, or otherwise directs traffic (directly or indirectly) to a Web site hosted by the Service (including, but not limited, to the Subscriber's particular Web site) through the use of unsolicited commercial e-mail or spam; Not to attempt to interfere with the Service to any user, host or network. This includes "denial of Service" attacks, "flooding" of networks, deliberate attempts to overload the Service and attempts to "crash" a host; Not to use any kind of program/script/command designed to interfere with another Subscriber's terminal session. For the purposes of USENET use, Customer shall not: post the same or similar messages to large number of newsgroups (excessive cross-posting or multiple-posting, also known as "USENET spam"). post a message whose subject or content is considered unrelated to the subject matter of the newsgroup in which it is posted; post chain letters of any type; post binary files to newsgroups not specifically named for the purpose; cancel or supersede posts other than the Subscriber's own, with the exception of official newsgroup moderators performing their duties; forge header information: This includes attempting to circumvent the approval process for posting to a moderated newsgroup or attempting to evade local or remote spam filters. To indemnify Central House for any damages or costs associated with Customer’s breach or failure to perform Customer’s responsibilities hereunder. Please be advised that Central House intends to exercise its rights under the Terms of Service to immediately terminate the Service, without notice, to any account that has been used in a manner that is disruptive or is otherwise in violation of the Terms of Service. Charges Except for usage of the Service during a free trial period, if applicable, Customer shall incur those Service charges that Customer agrees to in conjunction with Customer’s subscription to the fee-based Service, for use of the Service. Central House may, at CENTRAL HOUSE’S option, elect to accept Customer’s credit card for payment. If Customer has provided Central House with Customer’s credit card for payment and Central House has accepted this mode of payment, all charges that Customer incur for use of the Service will be applied to the credit card number Customer provided to Central House. Should Customer decide not to use the Service, Customer must cancel Customer’s registration or Customer will be invoiced for the relevant charges for the Service. Customer is responsible for providing and updating all credit card information required for Central House to apply valid charges to the card. Central House may take commercially reasonable actions to validate Customer’s credit card. Should this credit card number expire or should Central House otherwise be unable to debit valid charges to this credit card number, Central House may immediately and without notice withdraw Customer’s access to the Service. Any terms varying from this Terms of Service in any order, written or electronic communications from Customer are void. Refunds If Customer signed up under CENTRAL HOUSE’S ten (10)-day money back guarantee program using a credit card, cancellation of Customer’s subscription within the first ten (10) days of Customer’s subscription will result in a full refund of Customer’s subscription payment if Customer’s credit card has been charged. There is no refund after the initial ten (10) days. CANCELLATION To cancel Customer’s Central House Accelerator subscription, please call (209) 245-5900 ext. 105 Monday through Friday 9:00 AM to 5:00 PM PST or submit email to Central House at service@centralhouse.com -- one of our Customer Support Representatives will assist Customer. Cancellation requests must be received 3 business days before the next billing cycle is due. THIRD PARTY SITES; PRIVACY The Service may link Customer to Web sites which may contain information or material that some people may find inappropriate or offensive. Such Web sites are not under the control of Central House. Customer acknowledges that Central House is not responsible for the accuracy, copyright compliance, legality, decency, or any other attribute of the content of such Web sites and Central House shall have no liability for any information, data, communications, or other materials available on such Web sites. Providing access to such Web sites does not imply endorsement of the Web site by Central House or any association with those responsible for its operation. The Central House Privacy Policy is located at http://www.centralhouse.net/privacy.htm. DISCLAIMER OF WARRANTIES; LIMITED WARRANTY; LIMITATION OF LIABILITY CENTRAL HOUSE MAKES NO WARRANTY OR GUARANTEE REGARDING THE PERFORMANCE, FEATURES, and COMPATIBILITY OR OTHERWISE OF ANY CONNECTED INTERNET SERVICE OR HOST/COMPUTER CONNECTED TO THE SERVICE. ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES AVAILABLE THROUGH OR FORMING PART OF THE SERVICE (THE "CONTENT") ARE PROVIDED FOR YOUR USE ON AN "AS IS", "AS AVAILABLE" BASIS. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. CENTRAL HOUSE AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR RISK. Do not use the service in any high-risk activities where damage or injury to persons, property, environment or business may result if any error occurs. Customer expressly assumes all risk for such use. We disclaim any warranty of title or any other warranties for any third party's offering(s) or product(s). Central House does not guarantee that its security procedures will prevent the loss of, alteration of, or improper access to, Customer’s information. Central House is not responsible for invalid destinations and transmission errors in, corruption of, or the security of Customer’s information carried over third party facilities. Central House, including its licensors, disclaims any liability or responsibility arising from any claim that Customer’s access or use of the service and/or any related products Central House provides infringes any third party's intellectual property rights. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU. UNDER NO CIRCUMSTANCES SHALL CENTRAL HOUSE OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON A BREACH OF CONTRACT, EVEN IF IN THE NATURE OF A BREACH OF CONDITION OR A FUNDAMENTAL TERM OR A FUNDAMENTAL BREACH, TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR MISREPRESENTATION, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF CENTRAL HOUSE SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST BUSINESS REVENUE, OR FAILURE TO REALIZE EXPECTED SAVINGS OR ANY CLAIMS AGAINST YOU BY ANY OTHER PARTY. IN NO EVENT IS CENTRAL HOUSE OR ITS LICENSORS LIABLE FOR ANY DAMAGES ARISING FROM YOUR FAILURE TO PERFORM YOUR RESPONSIBILITY IN CONNECTION WITH THESE TERMS OF SERVICE, OR ARISING FROM ANY CAUSE BEYOND CENTRAL HOUSE’S CONTROL, INCLUDING, BUT NOT LIMITED TO, DELAY IN THE PERFORMANCE OF CENTRAL HOUSE’S OBLIGATIONS. ALL LIMITATIONS AND DISCLAIMERS STATED IN THIS SECTION ALSO APPLY TO CENTRAL HOUSE’S LICENSORS AS INTENDED BENEFICIARIES OF THESE TERMS OF SERVICE. ANY RIGHTS OR LIMITS STATED HEREIN ARE THE MAXIMUM FOR WHICH CENTRAL HOUSE AND ITS LICENSORS ARE COLLECTIVELY RESPONSIBLE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, CENTRAL HOUSE’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. INTERNATIONAL USE; SUBCONTRACTING; SERVICE WITHDRAWAL Central House makes no representation that the Service is appropriate or available for use outside the United States. Accessing the Service from locations where it is illegal is prohibited. Customer represents that they are not a national or resident of and are not located in any of the following countries: Cuba, Iran, Iraq, Libya, North Korea, Sudan, or Syria. Customer represents that they are not a specifically designated individual, denied party, or entity under any U.S. embargo or otherwise the subject, either directly or indirectly (by affiliation, or any other connection with another party) to any order issued by any agency of the U.S. Government limiting, barring, revoking or denying, in whole or in part, Customer’s U.S. export privileges. Customer agrees to notify Central House immediately in the event Customer become subject to any such order. Central House may utilize subcontractors for the performance of the Service or any part thereof. Central House reserves the right to immediately withdraw the Service (in whole or in part) from Customer and cancel Customer’s account if, in CENTRAL HOUSE’S opinion, Customer’s use is disruptive, causes a malfunction of the Service, violates the terms of this Terms of Service/Software License Agreement or the Acceptable Use Policy, if Central House receives information that the Service or Customer’s use of the Service (or any part thereof) may violate any copyrights or other intellectual property rights of any third party or any other applicable laws and regulations (including, but not limited to, US export regulations), or if Central House receives an order from a court of competent jurisdiction requiring Central House to do so. INDEMNIFICATION Upon a request by Central House, Customer agrees to defend, indemnify, and hold harmless Central House and its employees, contractors, officers, and directors from all liabilities, claims, and expenses, including reasonable attorney's fees, that arise out of or related to (i) Customer’s use or misuse of the Service, Customer’s use or attempted use of any facility or equipment connected to the Service, any viruses or other harmful components resulting from Customer’s use of the Service, or Customer’s breach of the Acceptable Use Policy; or (ii) except to the extent that such liability, claim or expense is attributable to any willful misconduct on the part of Central House, any action brought by any third party against Central House for infringement of intellectual property rights due to Customer’s use of the Service. Central House reserves the right, at it's own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Customer, in which event Customer will cooperate with Central House in asserting any available defenses. CHOICE OF LAW AND FORUM The Terms of Service shall not be governed by the provisions of the 1980 United Nations Convention on Contracts for the International Sale of Goods or the United Nations Convention on the Limitation Period in the International Sale of Goods, as amended, rather the Terms of Service shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts of law rules. Customer expressly agrees that the exclusive jurisdiction for any claim or action arising out of or relating to the Terms of Service or Customer’s use of the Service shall be filed only in a court (whether federal or state) located in Santa Clara County in the State of California, and Customer further irrevocably agrees and submit to the exercise of personal and subject matter jurisdiction and venue of such courts for the purpose of litigating any such claim or action. FORCE MAJEURE; INDEPENDENT CONTRACTORS If the performance of the Terms of Service and/or the below Software License Agreement, or any obligation there under (except payment of monies due) is prevented, restricted or interfered with by reason of fire or other casualty or accident; earthquake; Acts of God; flood; strikes or labor disputes; inability to procure raw materials, power or supplies; war or other violence; acts of terrorism, whether actual or threatened, acts of a public enemy, epidemics, quarantines, any law, order proclamation, regulation, ordinance, demand or requirement of any governmental agency or intergovernmental body; or any other act or condition whatsoever beyond the reasonable control of the parties hereto, the party so affected, upon giving notice to the other party, shall be excused from such performance to the extent of such prevention, restriction or interference. In the event that any force majeure event shall continue for a period of more than ninety (90) days, the party whose performance is not affected by the force majeure event shall be entitled to terminate the Service without cause immediately on written notice to the other party any time within thirty (30) days after such ninety (90) day period. Customer and Central House agree that no joint venture, partnership, agency or other relationship shall be created or implied as a result of the Terms of Service or Customer’s use of the Service. WAIVER; SEVERABILITY AND INTEGRATION A waiver by either party of any term or condition of the Terms of Service or any breach thereof, in any one instance, shall not be deemed or construed to be a waiver of such term or condition or any subsequent breach thereof. Unless otherwise specified herein, the Terms of Service constitute the entire agreement between Customer and Central House with respect to the Service and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between Customer and Central House with respect to the Service. If the application of any provision or provisions of this Agreement to any particular facts or circumstances shall be held to be invalid or unenforceable by any court of competent jurisdiction, then (a) the validity and enforceability of such provision or provisions as applied to any other particular facts or circumstances and the validity of other provisions of this Agreement shall not in any way be affected or impaired thereby and (b) such provision(s) shall be reformed without further action by the parties to make such provision(s) valid and enforceable when applied to such facts and circumstances. TERMINATION Either party is entitled to terminate the Service at any time. Central House may terminate the agreement electronically by sending an email message to Customer or by displaying a message on the monitor of the Customer’s computer using the Service. Termination of the Service for whatever reason is without prejudice to any rights that have accrued to either party prior to the date of termination. Central House reserves the right, in its sole discretion, at any time to terminate Customer’s access to all or part of the Service, with or without notice. Certain Service features (e.g., pop-up blocker) may continue to be available after the termination of the Service. The terms and conditions of this Terms of Service/Software License Agreement continue to apply to such features. Such features, if any, may be discontinued by de-installation of the Software and/or as otherwise described in the documentation. YOUR ACTION IS REQUIRED TO CANCEL THE SERVICE. For additional information about how to cancel Customer’s subscription account, please contact Customer Service at (209) 245-5900 ext. 105 or via email at service@centralhouse.com SOFTWARE LICENSE AGREEMENT READ THE TERMS OF THIS SOFTWARE LICENSE AGREEMENT ("AGREEMENT") AND THE ABOVE TERMS OF SERVICE CAREFULLY. INDICATE YOUR ACCEPTANCE OF THESE TERMS AND THE ABOVE TERMS OF SERVICE BY SELECTING THE "ACCEPT" BUTTON AT THE END OF THIS AGREEMENT. IF CUSTOMER DO NOT AGREE TO ALL THESE TERMS, SELECT THE "NO" BUTTON AT THE END OF THIS AGREEMENT. CERTAIN THIRD PARTY SOFTWARE PROGRAMS WHICH ARE PROVIDED ALONG WITH THE SOFTWARE ARE IDENTIFIED BELOW AND ARE LICENSED TO CUSTOMER UNDER THE APPLICABLE LICENSE TERMS SET FORTH BELOW. BY SELECTING THE "ACCEPT" BUTTON, INSTALLING, COPYING OR OTHERWISE USING ANY PART OF THIS SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND THE ABOVE TERMS OF SERVICE. 1. LICENSE TO USE. Upon Customer’s acceptance of this Agreement and subject to the terms hereof, Central House Software Corporation ("Central House") grants to Customer a limited, personal, non-exclusive, non-assignable and non-transferable license to use the accompanying software in executable code form only and documentation and any error corrections, updates and supplements thereto provided to Customer by Central House (collectively the "Software"), on only one computer system at a time solely in conjunction with Customer’s use of the Service specified in the Terms of Service, above. Customer may make and install copies of the Software on an unlimited number of computers provided Customer is the only individual using the Software. If Customer is an entity, Central House grants Customer the right to designate one individual within Customer’s organization to have the sole right to use the Software in the manner provided in this Agreement. A single license for the Software may not be shared or used concurrently by other end users. If the Software is provided to Customer for a free trial period such license to use is further restricted to use solely for evaluation purposes during such free trial period. 2. RESTRICTIONS. The Software is confidential and copyrighted. The Software is licensed, not sold. All right, title and interest in and to the Software, and copies of the Software and all associated intellectual property rights are retained by Central House and/or its licensors. Customer shall not distribute the Software or any portion thereof, or rent, loan, lease, sell, sublicense or assign the Software or any copy. Except as permitted hereby, Customer may not make copies of the Software. Customer shall hold all the Software as confidential trade secrets of Central House and/or CENTRAL HOUSE’S licensors. Unless enforcement is prohibited by applicable law, Customer may not modify, decode, decompile, reverse assemble, reverse engineer or otherwise translate the Software. Customer acknowledges that the Software is not designed, licensed or intended for use in the design, construction, operation or maintenance of any nuclear facility. Central House disclaims any express or implied warranty of fitness for such uses. No right, title or interest in or to any trademark, service mark, logo or trade name of Central House or its licensors is granted under this Agreement. Any rights not expressly granted herein are reserved by Central House. All title and intellectual property rights in and to the content which may be accessed through use of the Software is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This Agreement grants Customer no right to use such content. Any trademark, trade name, copyright, or other proprietary notices, legends, symbols, or labels appearing on or in the Software shall not be altered or removed by Customer and shall be accurately reproduced by Customer on and in any permitted copy of the Software. Customer understands that Central House may not, at its sole option, provide any assistance, technical, customer or other support, in the use of the Software, and Customer use the Software at Customer’s own risk. 3. DISCLAIMER OF WARRANTY. CENTRAL HOUSE HAS NO CONTROL OVER THIRD PARTY NETWORKS OR WEB SITES, AND DELAYS AND DISRUPTIONS ARE BEYOND CENTRAL HOUSE’S CONTROL. CENTRAL HOUSE CANNOT AND WILL NOT GUARANTEE THAT THE SOFTWARE WILL PROVIDE A SERVICE THAT MEETS YOUR NEEDS. THE SOFTWARE IS PROVIDED ON AN "AS-IS", "AS-AVAILABLE" BASIS, WITH NO WARRANTIES OF ANY KIND. CENTRAL HOUSE AND ITS LICENSORS DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) IMPLIED WARRANTIES OR CONDITIONS OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE OR VIRUS-FREE, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. 4. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CENTRAL HOUSE OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, SPECIAL, RELIANCE, INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF GOODWILL, USE, DATA OR PROFITS OR ANY OTHER INTANGIBLE OR PECUNIARY LOSS) HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF CENTRAL HOUSE SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL CENTRAL HOUSE’S LIABILITY TO YOU, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE OR IMPUTED), OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE UNDER THIS AGREEMENT. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ANY ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. 5. INDEMNITY; Third Party Beneficiary. As a condition of Customer’s use, Customer agrees to defend and indemnify Central House and its licensors from and against any damages, costs, liabilities, settlement amounts and/or expenses (including, without limitation, attorneys' fees and other dispute resolution expenses) incurred in connection with any claim, lawsuit or action by any third party that arises or results from Customer’s use or misuse of the Software or downloading, use, reproduction of, and/or receipt or distribution of any information or content utilizing the Software, Customer’s breach of this Agreement or Customer’s violation of any rights of any third party. Customer agrees that CENTRAL HOUSE’S licensors are third party beneficiaries to this Agreement. 6. TERMINATION. This Agreement is effective until terminated. Customer may terminate this Agreement at any time by destroying all Customer’s copies of the Software, provided however that cancellation of Customer’s service subscription account must occur using the process referred to in the Terms of Service, above. Without prejudice to any other rights, Central House may terminate this Agreement if Customer fails to comply with any provision of this Agreement or the above Terms of Service. Central House reserves the right, in its sole discretion and at any time, to terminate this Agreement, modify or discontinue the Software; limit, terminate or suspend Customer’s use of the Software; and/or make changes to or terminate this Agreement. 7. EXPORT REGULATIONS; TRADEMARKS. All the Software and technical data delivered under this Agreement are subject to U.S. export control laws and may be subject to export or import regulations in other countries. Customer agrees to comply strictly with all such laws and regulations and acknowledge that Customer has the responsibility to obtain such licenses to export, re-export, or import as may be required after delivery to Customer. "Central House", the Central House logo, and other Central House related properties are trademarks of Central House and may be registered in certain jurisdictions. All other trademarks shown are trademarks of their respective owners. 8. U.S. GOVERMENT RESTRICTED RIGHTS. If the Software is being acquired by or on behalf of the U.S. Government or by a U.S. Government prime contractor or subcontractor (at any tier), then the Government's rights in the Software and accompanying documentation will be only as set forth in this Agreement; the Software is provided with RESTRICTED AND LIMITED RIGHTS. Use, duplication or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights to Technical Data and Computer Software clause in DFARS 252.227-7013 or subparagraph (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable. Contractor/Manufacturer is Central House Software Corporation, 1010 Rincon Circle, San Jose, CA 95131-1325. 9. GOVERNING LAW. The Software License Agreement shall not be governed by the provisions of the 1980 United Nations Convention on Contracts for the International Sale of Goods or the United Nations Convention on the Limitation Period in the International Sale of Goods, as amended, rather any action related to this Agreement will be governed by California law and controlling U.S. federal law. No choice of law rules of any jurisdiction will apply. 10. SUPPORT SERVICES. Central House may provide Customer with support services related to the Software ("Support Services"). Use of Support Services is governed by the Central House policies and programs described in "online" documentation and/or other Central House-provided materials. Any error corrections, updates and supplemental software code provided to Customer as part of the Support Services shall be considered part of the Software and subject to the terms and conditions of this Agreement. With respect to technical information Customer provides to Central House as part of the Support Services, Central House may use such information for its business purposes, including for product support and development. Central House will not utilize such technical information in a form that personally identifies Customer. 11. SEVERABILITY; NO WAIVER; INTEGRATION. If any provision of this Agreement is held to be unenforceable, this Agreement will remain in effect with the provision omitted, unless omission would frustrate the intent of the parties, in which case this Agreement will immediately terminate. The failure or delay of Central House to exercise or enforce any rights or provision of this Agreement does not constitute a waiver of such right or provision. This Agreement and the above Terms of Service are the entire agreement between Customer and Central House relating to its subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter during the term of this Agreement; provided, however, that any confidential disclosure agreement by and between Customer and Central House shall remain in full force and effect in accordance with its terms. No modification of this Agreement will be binding, unless in writing and signed by an authorized representative of each party. THIRD PARTY SOFTWARE (Sections 12 and 13) DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY Third party software is provided by Central House "as is" and "with all faults". Central House AND ITS LICENSORS make no representations or warranties of any kind concerning the quality, safety or suitability of this software, either express or implied, including without limitation any implied warranties of title, merchantability, fitness for a particular purpose, or non-infringement. To the maximum extent permitted by applicable law, in no event will Central House OR ITS LICENSORS be liable for any direct, reliance, exemplary, indirect, punitive, special, incidental or consequential damages however they may arise and even if Central House OR ITS LICENSORS shall have been advised of the possibility of such damages. 12. A. Medusa: Portions Copyright 1996-2000, Sam Rushing rushing@nightmare.com All Rights Reserved. Permission to use, copy, modify, and distribute this software and its documentation for any purpose and without fee is hereby granted, provided that the above copyright notice appear in all copies and that both that copyright notice and this permission notice appear in supporting documentation, and that the name of Sam Rushing not be used in advertising or publicity pertaining to distribution of the software without specific, written prior permission. SAM RUSHING DISCLAIMS ALL WARRANTIES WITH REGARD TO THIS SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS, IN NO EVENT SHALL SAM RUSHING BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OR USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTUOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SOFTWARE. 13. Portions of Python 2.3 are included. License for the Python 2.3 release is as follows: PSF LICENSE AGREEMENT FOR PYTHON 2.3 -------------------------------------- 1. This LICENSE AGREEMENT is between the Python Software Foundation ("PSF"), and the Individual or Organization ("Licensee") accessing and otherwise using Python 2.3 software in source or binary form and its associated documentation. 2. Subject to the terms and conditions of this License Agreement, PSF hereby grants Licensee a nonexclusive, royalty-free, world-wide license to reproduce, analyze, test, perform and/or display publicly, prepare derivative works, distribute, and otherwise use Python 2.3 alone or in any derivative version, provided, however, that PSF's License Agreement and PSF's notice of copyright, i.e., "Copyright (c) 2001, 2002, 2003 Python Software Foundation; All Rights Reserved" are retained in Python 2.3 alone or in any derivative version prepared by Licensee. 3. In the event Licensee prepares a derivative work that is based on or incorporates Python 2.3 or any part thereof, and wants to make the derivative work available to others as provided herein, then Licensee hereby agrees to include in any such work a brief summary of the changes made to Python 2.3. 4. PSF is making Python 2.3 available to Licensee on an "AS IS" basis. PSF MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED. BY WAY OF EXAMPLE, BUT NOT LIMITATION, PSF MAKES NO AND DISCLAIMS ANY REPRESENTATION OR WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR THAT THE USE OF PYTHON 2.3 WILL NOT INFRINGE ANY THIRD PARTY RIGHTS. 5. PSF SHALL NOT BE LIABLE TO LICENSEE OR ANY OTHER USERS OF PYTHON 2.3 FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOSS AS A RESULT OF MODIFYING, DISTRIBUTING, OR OTHERWISE USING PYTHON 2.3, OR ANY DERIVATIVE THEREOF, EVEN IF ADVISED OF THE POSSIBILITY THEREOF. 6. This License Agreement will automatically terminate upon a material breach of its terms and conditions. 7. Nothing in this License Agreement shall be deemed to create any relationship of agency, partnership, or joint venture between PSF and Licensee. This License Agreement does not grant permission to use PSF trademarks or trade name in a trademark sense to endorse or promote products or services of Licensee, or any third party. 8. By copying, installing or otherwise using Python 2.3, Licensee agrees to be bound by the terms and conditions of this License Agreement. For additional information see: http://www.python.org/2.3.2/license.html -------------------------------------- 14. This Agreement is personal to Customer and Customer may not assign Customer’s rights herein. Any attempted assignment in derogation hereof is null and void. Sections 2 through 14 of this Agreement will survive any termination of this Agreement. Software Copyright Information Copyright (C) 2001-2004 Propel Software Corporation. Portions copyright (C) 2002-2003 Python Software Foundation. Portions developed using the Kakadu software. Also see Sections 12 and 13 above. All rights reserved. For inquiries please contact: Central House, PO Box 1030, Plymouth CA 95669 YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND THE TERMS OF SERVICE ABOVE, UNDERSTAND THEM AND AGREE TO BE BOUND BY THEIR TERMS AND CONDITIONS. IF APPLICABLE, "YOU" OR "YOUR" AS REFERRED TO HEREINABOVE MEANS THE ENTITY OR COMPANY (THE "COMPANY") AT WHICH THE SOFTWARE IS INSTALLED PURSUANT TO THIS AGREEMENT.
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