OUR TERMS OF SERVICE

 

Welcome to the "Online Computer Service Network" Internet service (the "Service"). This document explains the terms and conditions for using our Service (the "Agreement"). By using our Service, you consent to this Agreement and any new version of it posted since your last visit. If the Agreement is not acceptable, then please do not use our Service. This Agreement was last updated on: April 15, 2001.

 

SPECIAL TRIAL OFFER.

 

We offer first-time members a special thirty (30) day trial period (the "Trial Period"). At the end of the free Trial Period, you will be invited to sign up (opt-in) as a regular member. If you decide to become a regular member, your account will be charged at the applicable published rates. You are not allowed to register for a Trial Period more than once during any twelve (12) month period.

 

YOUR ACCOUNT & PASSWORD.

 

If you register an account, you represent that you are at least 18 years old and that, to the best of your knowledge and belief, your registration information is truthful, accurate and complete. A user name and password will be assigned by us or chosen by you. You are responsible for maintaining the secrecy of your password and for activities occurring under your account. Be sure to change your password promptly and notify us if you believe your account is being accessed by others. Each user must register separately. You may not loan your user name and password to others. You may not use another person's account without their authorization.

 

USING OUR CONTENT & SERVICE.

 

Our Proprietary Rights.  Our Service may contain an assortment of information, data, software, images, video clips, music, links, logos and other material ("Content") that are the copyright, trademark or other intellectual property of the owners of this Service or third party suppliers. The Content in this Service is copyrighted individually and as a collective work. All rights are reserved. The name ""Online Computer Service Network"" and other names appearing herein are the trademarks or registered trademarks of the Service or the respective third party owners. You will ensure that all copyright, trademark or other proprietary rights notices appearing on any Content remain intact and legible. All licenses are non-exclusive.

 

Displaying Our Logo.  Registered members in good standing are granted the nonexclusive, worldwide right and license to publicly display our Logo on their registered web site or stationary. The Logo may not be altered or merged with other emblems or trademarks. If we issue a new version of the Logo, you should replace the old one as soon as practicable. If your membership is suspended or terminated, you will promptly remove the Logo and stop using it.

 

Linking to Our Site.  You may display our Content within a frame or border, or "deep link" or harvest Content from below our top-most URL. You will remove any such link to our Service that we find objectionable promptly upon request. Please refer to our Internet Linking Agreement also posted on this website.

 

Our Downloadable Software & Digital Products.  Our Service offers users the ability to download software or other digital products and obtain periodic electronic updates to those products. Your use of any such products, updates and related documentation, if any, that you download from the Service will be governed by any end-user license agreement (EULA) accompanying such materials. In the absence of any such EULA, then upon payment of any applicable fees, you are granted a personal, revocable, non-transferable license to install and use the products and updates on a single computer in support of your own personal or internal business processes; provided, however, that items designated in the documentation as a "web site component" may be incorporated as an integral feature of your web site and made available online (so long as no separate charge is made for use of such component). You may not otherwise transmit, distribute or otherwise make the products or updates available to others. As part of the distribution process, we may interrogate your computer solely to determine the products and versions already installed and for no other purpose. Except as stated in an EULA, Software is provided "AS-IS" and "AS AVAILABLE".

 

Our Remote Software Applications.  Our Service offers users the ability to license and make remote use of software applications and components operated from our servers. Your use of any remotely hosted software application will be governed by the license agreement accompanying such "Remote Hosted Application." In the absence of any such terms, and subject to your payment of any applicable fees, you are granted a personal, revocable, non-transferable license to access remotely and use the Remote Hosted Application from your computer to process your own data in support of your own personal or internal business processes. A Remote Hosted Application designated by our Service as an active "web site component" may be incorporated as an integral feature of your web site and made available to users of your site. Unless expressly authorized, you may not charge a separate fee for making Remote Hosted Applications available to others. Unless you are expressly authorized to "private label" a Remote Hosted Application, you should ensure the feature is properly designated as originating from our Service. Except as stated in a separate agreement, Remote Software Applications licenses are revocable, non-transferable and provided "AS-IS" and "AS AVAILABLE".

 

Reservation of Rights.  All content, communications, software applications, digital products, updates and features of this Service are copyrighted by the Service, its owners, suppliers or other third parties. We reserve all rights not specifically granted to you. This means permission to use the Service and related intellectual property rights will be narrowly interpreted by a court in our favor. Except as specifically authorized in this Agreement, you may not store, copy, reproduce, adapt, reformat, create derivative works of, transmit, disseminate, publicly display or perform any copyrighted material from this Service. You may not reverse engineer our Service or any software obtained from it to discover its underlying design or inner workings (and you will hold in confidence for our benefit alone anything discovered in violation of this provision). If you infringe our intellectual property rights or exceed the scope of permitted use of this Agreement, you agree that we could be irreparably injured and may obtain a court order without necessity of posting bond to enjoin you from further mischief.

 

Our Online Product Catalog.  Our online catalog offers information about tangible and/or digital products available for sale or license. All product information, descriptions and prices contained in our online catalog are provided in good faith but "AS-IS" and "AS-AVAILABLE." All orders are subject to our approval and acceptable payment methods or terms. Unless otherwise agreed, prices are payable in U.S. dollars by major credit card, certified check or money order. Prices and availability of items are subject to change without notice. Prices published in the online catalog may differ from manufacturer list prices and prices or special offers published through other channels. Unless otherwise noted, any price "savings" refer to discounts from list price. We may limit sales to resellers or other middlemen. Stocking levels and shipping times for packaged goods are estimates and are subject to contingencies that may be beyond our control. Prices do not include shipping, taxes or insurance. Products are generally sold on a no-return basis (exceptions must be specifically authorized by management and, in the case of software or other digital products, we may require you to sign a certification that all copies have been destroyed. Shipping, handling and insurance are not refundable).

 

YOUR CONTENT & SUBMISSIONS.

 

Your Public Messages.  Our Service includes certain interactive features that allow users to post, transmit and receive messages or content to discussion forums, newsgroups, chat areas, calendars or other online channels ("Communications"). We do not prescreen or editorially control Communications on our Service. We reserve the right (but do not assume the responsibility) to block or remove any Communications brought to our attention which we consider in violation of this Agreement or detrimental to the Service or to any person.

 

Permission to Publish.  Our Service does not claim ownership in the content of your Communications. If you make Communications, you irrevocably grant our Service (and any affiliates and sublicensees) the worldwide, perpetual, royalty-free, sublicensable right and license to store, copy, reproduce, adapt, reformat, create derivative works of, transmit, disseminate, publicly display and perform such Communications through the Service and to make such incidental and additional uses as may be needed to operate the Service and any affiliated sites through any media or technology now known or hereafter created. You irrevocably grant us the right to obtain a copyright in the "thread" or compilation of Communications on the Service generally, including your own Communications.

 

Your Personal Web Page.  Our Service allows registered users to create personal web pages and to upload and manage content for those pages ("Personal Pages"). Personal Pages are for personal and family use. The amount of storage space for Personal Pages is limited. Please view the applicable FAQs or instructions to determine storage limitations. Personal Pages may not be used to carry on a business or commercial enterprise for profit. You may not create any password-protected areas on your Personal Page.

 

Your Hosted Web Site.  Our Service allows registered users to create web sites hosted by our Service and to upload and remotely manage their own content and communications ("Hosted Sites"). The amount of storage space for Hosted Sites is limited. Please view the applicable FAQs or instructions to determine storage limitations. Registered operators may transact business on their Hosted Site. Any supplemental business services provided by us or by third party suppliers to Hosted Sites (e.g., order fulfillment or payment processing services) may be governed by supplemental terms, conditions and fees.

 

Your Virtual Storage Locker. Our Service allows registered users to upload, store and retrieve files in private areas of our system ("Storage Lockers"). The amount of space available for Storage Lockers is limited. Please view the applicable FAQs or instructions to determine space limitations. If you register for a Storage Locker, you may access and upload your files into the Storage Locker, manage your files and download them later. You may use legally permissible utilities to encrypt files before uploading them to your Storage Locker.

 

Data Management & Disclosure.  We reserve the right to manage and operate our system resources and to archive or delete any files stored on our Service at any time. You are responsible for making back-up copies of any files that you wish to preserve. We may archive or delete files stored in accounts that have not been logged into and are inactive for an extended period of time, as determined by the Service. We do not claim any ownership rights in the contents under your account. We may disclose the contents of your account (a) as required by law or legal process, (b) to protect or defend the rights of the Service, (c) to enforce this Agreement, or (d) to protect the interests of any other user.

 

Prohibited Behavior.  You will not upload, store or disseminate any Content or make any Communications which violate or infringe the intellectual property or privacy rights of any person or which a reasonable person would consider abusive, profane, hateful, racially or ethnically offensive, which are defamatory or harassing, or which violate or encourage others to violate this Agreement or any applicable law. You will not upload or transmit pornographic or obscene images or files, and you will not impersonate our personnel or disrupt the orderly operation of the Service. You will not use the Service to violate any applicable law, including U.S. or foreign securities laws or regulations. In order to protect itself, the Service may without liability actively cooperate with and furnish identifying and supporting information to any person likely to be harmed or affected by your violation of this Agreement and to any law enforcement agency conducting an investigation. You also agree not to make any Communication that encourages users to terminate their use of the Service or to use a competitor's service.

 

Anti-Spam Restriction.  You will not use our Service to make any Communications which are unsolicited bulk advertising or promotional messages ("spam"), so-called "chain letters," pyramid schemes, or make Communications of a promotional nature other than through channels authorized by the Service. You may not harvest email addresses or instant messaging identifiers. Because the damage incurred by us in connection with spam campaigns may be difficult to ascertain, you agree to pay liquidated damages of $3 per individual recipient of spam messages transmitted under your account if you knowingly cause spam to be sent.

 

APPLICABLE CHARGES & PAYMENT.

 

Some features of our Service may require the payment of a subscription-based fee or other charge. For subscription-based features, you agree not to allow your account to be used by other persons, including co-workers. We require timely payment of all published fees and charges. If you fail to pay applicable fees or charges when due, we may suspend or terminate your account and access to services or features. Unless otherwise agreed in writing, all charges are payable in U.S. dollars in advance by major credit card, cashier's check or money order. Late payments are subject to costs of collection (including reasonable legal fees) and shall bear interest at a rate equal to the lesser of one (1) percent per month or the highest rate permitted by law.

 

SYSTEM SECURITY.

 

We follow technical and management practices that we believe are reasonable under the circumstances to protect the confidentiality, security and integrity of information stored on our system, but we do not operate a completely secure Site. For example, we generally do not use secure pages to collect information and we generally do not store data in encrypted form.

 

OUR PRIVACY POLICY.

 

Our Privacy Policy for this Site is posted at our main page. The terms of that Policy, and any future amendments to it, are hereby incorporated by reference in its entirety into this Agreement and subject to these terms. Third parties providing goods or services to you (including those advertising or providing links on our Service) may have privacy policies or practices that differ from our own. Please check their sites' privacy disclosures for details.

 

WARRANTIES & LIABILITIES.

 

Warranty Disclaimer. THIS SERVICE (INCLUDING ALL INFORMATION, CONTENT, COMMUNICATIONS, FEATURES, PRODUCTS, SOFTWARE AND SERVICES) MAY INCLUDE INACCURACIES, ERRORS AND DEFECTS AND IS PROVIDED AS-IS AND AS-AVAILABLE WITHOUT WARRANTY OF ANY KIND. ALL WARRANTIES, INCLUDING MERCHANTABILITY, QUALITY, INTEGRATION, ACCURACY, WORKMANLIKE EFFORT, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT ARE DISCLAIMED. THE SERVICE IS NOT RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR DISRUPTION OF YOUR COMMUNICATIONS, CONTENT OR TRANSACTIONS ENTERED INTO WITH THE SERVICE. THE SERVICE IS NOT RESPONSIBLE FOR ANY HARASSING, DEFAMATORY, ILLEGAL OR IMPROPER CONDUCT OR CONTENT OF THIRD PARTIES, OR FOR ANY INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS BY THIRD PARTIES.

 

Limitation of Liability.  YOU AGREE THIS SERVICE IS NOT LIABLE FOR ANY DIRECT DAMAGES EXCEEDING THE AMOUNT, IF ANY, ACTUALLY PAID TO IT BY YOU DURING THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM. IN NO EVENT IS THE SERVICE LIABLE WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST SAVINGS, LOST PROFIT, LOST GOODWILL, LOST OR CORRUPTED DATA OR BUSINESS INTERRUPTION) EVEN IF NOTIFIED IN ADVANCE OF SUCH POSSIBILITY. THIS LIMITATION IS A MATERIAL CONDITION TO THIS AGREEMENT, IS COMMERCIALLY REASONABLE AND HAS BEEN FACTORED INTO THE AGREEMENT AS A WHOLE. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.

 

Indemnification.  You agree to defend, indemnify and hold harmless the Service and its officers, directors, owners, agents, employees, advisers and consultants, from and against any claims, actions, demands, liability, damages (including legal and professional fees) asserted by any third party and arising from your use of the Service, your conduct, content, communications, alleged infringement of third party intellectual property or privacy rights, or violation of this Agreement.

 

Limitation of Remedies.  You agree that if the Service breaches this Agreement, your sole and exclusive remedy will be to terminate this Agreement and your relationship with the Service. This applies regardless of whether the remedy fails of its essential purpose.

 

Protected Parties.  THE WARRANTY DISCLAIMERS, LIABILITY LIMITS, INDEMNITIES AND RESERVATION OF RIGHTS CONTAINED IN THIS AGREEMENT PROTECT THE SERVICE, ITS OFFICERS, DIRECTORS, OWNERS, AGENTS, CONSULTANTS, ADVISERS, EMPLOYEES, AFFILIATES, ADVERTISERS, DISTRIBUTORS, RESELLERS, SUPPLIERS, PUBLISHERS AND PROMOTERS.

 

FORCE MAJEURE.

 

The Service is not responsible for any delay or failure in performance of the Service in whole or in part for any reason including, without limitation: fires, floods, storms, earthquakes, civil disturbances, disruption of telecommunications, transportation, utilities, services or supplies, governmental action, computer viruses, corruption of data, hacker attack, incompatible or defective equipment, software or services or otherwise. Nothing herein enlarges any warranty or diminishes any disclaimer under this Agreement.

 

INJUNCTIVE RELIEF.

 

If you violate or exceed the scope of this Agreement or infringe our proprietary rights, you agree we would be irreparably harmed and may (in addition to other relief and without having to post bond) obtain a court order enjoining your from further mischief.

 

GOVERNING LAW.

 

THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE SUBSTANTIVE LAWS OF FLORIDA (USA), WITHOUT REGARD TO CONFLICTS OF LAW PRINCIPLES. YOU AGREE TO INITIATE AND MAINTAIN ANY LEGAL ACTION IN SUCH DESIGNATED STATE/LOCALE AND IRREVOCABLY CONSENT TO EXCLUSIVE PERSONAL JURISDICTION AND VENUE THEREIN. YOU ARE RESPONSIBLE FOR COMPLYING WITH YOUR OWN LOCAL LAWS, WHICH MAY VARY WITH RESPECT TO CERTAIN ACTIVITIES OR PEOPLE (e.g., MINORS). You agree that U.S. District Courts can hear cases involving copyright issues between us. Since we make no warranties and have limited our liabilities, you should have little reason to have a grievance with us. Should you nevertheless bring legal action against us, you irrevocably agree it will be brought and maintained within one (1) year after the claim arises or be barred. As disincentive for unwarranted litigation, you agree that if you sue us and don't win on the merits, you will pay our defense costs, including reasonable legal fees for in-house and outside counsel. If we are required to enforce this Agreement or our rights, you agree it is reasonable to send you legal notices and papers by electronic mail at your stated address (we would also attempt to send you a backup copy by regular mail).

 

TECHNOLOGY & DATA TRANSFER.

 

Technology Transfer.  The transport of technology, technical data and information across national boundaries is regulated by the U.S. and certain foreign governments. You agree not to directly or indirectly export or re-export any information, software or technology obtained from or through the Service that requires an export license or governmental approval without first obtaining that license or approval. This provision will survive termination of our Agreement.

 

European Union Residents.  If you reside in the European Union (EU) or if any transfer of information between you and our Service is governed by the European Union Data Protection Directive or nationals laws implementing that Directive, then you consent to the transfer of such information outside of the European Union to your country and to such other countries as may be contemplated by the features and activities provided by the Service.

 

U.S. GOVERNMENT RESTRICTED RIGHTS.

 

To the extent used by U.S. government personnel: this is a computer data base that constitutes restricted computer software and is provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the Government is subject to restrictions as set forth in the Commercial Computer Software clause at DFARS 227.7202-3 or subparagraphs (c)(1) and (2) of the Commercial Computer Software- Restricted Rights clause at 48 CFR 52.227-19, as applicable. Contractor is Online Service Network Corporation, 11214 Pines Blvd #248, Pembroke Pines, FL, 33026, USA.

 

RELATIONSHIP OF PARTIES.

 

There are no third party beneficiaries of this Agreement. The parties are independent to one another and are not related by franchise, partnership, employment, joint venture or otherwise. This Service is not a party to any transaction between you and any third party advertisers or suppliers. You will look solely to the third party for all claims regarding their goods, services or information.

 

RIGHT TO RELY ON INSTRUCTIONS.

 

The Service may act in reliance upon any instruction, information, document, filing, name, email address or user password that meets the Service's automated criteria or which is believed by the Service's personnel to be genuine. For any password protected areas, the Service may assume a person entering a user name address and associated password is, in fact, that user or is authorized by that user to act on its behalf. The Service may assume the latest email addresses and registration information on file with the Service are accurate and current. When programmed to do so, the Service may take prescribed actions in the absence of receiving proper and complete contrary instructions.

 

CHANGES TO SERVICE.

 

We reserve the right to modify, change or discontinue the Service or any feature at any time without notice. You agree that the Service is not liable to you or to any third party as a result of any such action. We invite users to make suggestions for ways that the Service can be improved. If you make a suggestion, you authorize us to use the idea and to publish your name in connection with the submission. We do not pay compensation for using submissions.

 

TERMINATION.

 

Either party may terminate this Agreement in their sole discretion, at any time with or without cause and regardless of the stated registration period otherwise applicable. We reserve the right to suspend or terminate operation of this Service, or any feature of this Service, at any time upon notice. Protections afforded to us and to third parties by this Agreement will survive termination. If this Agreement is suspended or terminated as a result of unauthorized use or infringement of rights to Content obtained from the System, you agree that upon request, you will destroy all copies of such Content in your possession or under your control.

 

NOTICE TO CALIFORNIA RESIDENTS.

 

Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information.

 

          Pricing Information:  Current rates for using the Service may be obtained by calling (***Service Phone Number***). The Service reserves the right to change fees, surcharges or to institute new fees at any time, as provided in this Agreement.

 

          Complaints:  The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1020 North Street, Suite 501, Sacramento, CA 95814, or by telephone at (916) 445-1254.

 

MISCELLANEOUS.

 

This document reflects our entire and exclusive agreement and supersedes all other agreements regarding this subject matter, whether written or verbal. We reserve the right to change this Agreement at any time by posting a new version on the Service. Your continued use of this Service after the effective date of such amendment will constitute your acceptance of it. Any other amendment to this Agreement shall be in a pen-and-ink signed writing, regardless of any course of conduct or trade practice between us. This electronic document or a hardcopy duplicate in good form shall be considered an original document admissible into evidence unless the document's authenticity is genuinely placed in question. We reserve the right to assign this Agreement or delegate responsibility to any third party, including a party acquiring any of our operating assets or ownership interests. All licenses or permissions granted to you by this Agreement are personal in nature and may not be assigned, sublicensed or otherwise transferred and any attempt to the contrary is void. Any provision of this Agreement found by a court to be illegal or unenforceable shall automatically be deemed conformed to the minimum requirements of law and shall thereupon be given full force and effect as so modified. Waiver of a provision in one instance shall not preclude our enforcement of it on future occasions. Headings are for reference purposes only and have no substantive effect.

 

NOTICE OF COPYRIGHT INFRINGEMENT PROCEDURES.

 

If you believe content on our Service infringes your copyrighted work and you want the Service to take down the offending material, you will need to complete the following Notice of Copyright Infringement and mail or fax it to our Registered Agent (do not use this procedure for any other kind of communication):

 

Mail or Fax it to us:

 

          Fred Lotgering, President

          Online Service Network Corporation

          11214 Pines Blvd #248, Pembroke Pines, FL, 33026, USA

          Fax it to: (954) 538-1555

 

 

of Copyright Infringement

 

          I certify under the penalty of perjury that I own or am authorized to act on behalf of the owner of the copyrighted work identified below. I believe in good faith that the copyrighted work has been used on your Service without authorization by the owner, its agents or according to law. I ask that you remove or block access to the infringing material.

 

Name of Copyright Owner:

Description of Copyrighted Work:

Description of Infringing Material:

Location of Infringing Material:

 

I can be contacted as follows:

 

My Name:

My Title:

Company:

Address:

Address:

 

Telephone:

Fax:

Email:

 

I certify under the penalties of perjury that the foregoing is true and correct to the best of my information, knowledge and belief.

 

Signed:

 

Date: