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Urisp Internet Services. ("Urisp" /dba Urisp Internet Services)
is pleased to provide you, the subscriber (hereinafter sometimes
referred to as a "Member") with the services you have selected
(the "Service"). By establishing an account or using the
Service, you agree to be bound by Urisp's Terms and Conditions (the "Terms
and Conditions"), which are incorporated into Urisp's service
agreements by reference.
1. General Terms of Agreement.
(a) For each type of Service you purchase from Urisp, these Terms
and Conditions are incorporated by reference into a service agreement
which, along with Urisp's other policies and procedures posted
on its Web site, comprise the entire agreement between Urisp and
the Member. The service agreement for your Service describes what
Urisp will and will not deliver as a standard part of your Internet
service. Together, the Terms and Conditions and applicable service
agreement are hereinafter referred to as the "Agreement."
(b) At all times, Urisp reserves the right to direct Members to use
certain numbers to access the Service or to restrict use of specific
access numbers. Usernames, passwords, and email addresses are Urisp's
property and Urisp may alter or replace them at any time.
2. Registration and Account Charges.
(a) YOU AGREE THAT BY USING THE INTERNET SERVICE YOU REPRESENT THAT
YOU ARE AT LEAST EIGHTEEN YEARS OLD AND THAT YOU ARE LEGALLY ABLE
TO ENTER INTO THIS AGREEMENT UNDER THE LAWS OF THE STATE OF ALABAMA.
(b) You must provide Urisp with an accurate and complete legal name,
address, telephone number, and credit card number or debit card number,
as the case may be if that is your preferred method of payment. You
agree to promptly notify Urisp of any changes in such information
within thirty (30) days of such change. If you do not provide Urisp
with accurate registration information, you are not authorized to
use the Service and your account may be terminated immediately.
(c) Current account charges, including billing methods, rates, and
surcharges for using the Service, may be obtained on Urisp's Web
site or by calling Support. Your monthly account charges are payable
in advance. A billing cycle will begin on the date the Service is
configured and will continue to the end of that month. A new billing
cycle will begin on first of the day of the next month and continue
to be billed on the first of each month thereafter. If you pay for
the Service through a prepayment plan, automatic billing described
above shall only apply to the charges not paid under the prepayment
plan.
(d) If your account is terminated before completion of a billing
cycle you will owe the full amount for such billing cycle. If your
account is terminated after the billing cycle, the termination will
take place on the first day of the following month if notice is received
by the 28th of the month in which your account is to be terminated.
(e) If you have any questions regarding charges to your credit card
you should contact Billing@urisp.net phone number 505-559-8333 or
1-877-710-0065. All charges are considered valid unless disputed
in writing within sixty (60) days of the billing date. Adjustments
will not be made for charges that are more than sixty (60) days old.
Urisp is not responsible for any charges or expenses (e.g., for overdrawn
accounts, exceeding credit card or debit card limits, etc.) resulting
from charges billed by Urisp.
(f) You are responsible for all activities and charges associated
with your account. If any unauthorized charges are made on or through
your account, you are responsible for such charges until you notify
Urisp of a breach of security by calling Support and by changing
your password. Please be advised that the contact person or listed
owner of a Urisp Internet account is solely responsible for activities
conducted through, on or with their Urisp Internet account, including
activities by other persons (including minors) whether or not authorized
by such contact person or listed owner. If you, or someone to whom
you have given access to your account, violates the terms of this
Agreement, Urisp shall have the authority to terminate your account.
(g) If you pay by credit card, you expressly authorize Urisp to charge
the credit card account number associated with your account for any
Service charges that accrue from month to month. This authorization
will remain valid until you terminate your authorization in writing.
Urisp may immediately terminate your account, at Urisp's sole discretion,
for declined credit cards, debit cards or any other non-payment of
account charges.
(h) Delinquent accounts may be suspended or cancelled at Urisp's
sole discretion; however, charges will continue to accrue until the
account is cancelled. Urisp shall have the right to bill an additional
charge to reinstate a suspended account.
(i) If any instrument received in payment is returned to Urisp unpaid,
your account will be considered to be in default, and in addition
to the amount due, you will be subject to a returned check charge
of Twenty-Five and No/100 Dollars ($25.00). If your account is canceled
or interrupted for non-payment, you must continue to pay your monthly
account charges. Only your written request to terminate your account
will relieve you of your obligation to pay your monthly account charges.
(j) If your account is in default, you agree to pay Urisp its reasonable
expenses, including attorneys' fees and collection agency fees incurred
in enforcing Urisp rights under this Agreement.
3. Prohibited Activities.
(a) Prohibited activities on or in connection with the Service include,
but are not limited to, the activities listed below. For purposes
of the Prohibited Network Abuse Activities, the term "content" means
information or material of any type capable of being posted or
transmitted on or through the Internet, including material in print,
graphic, pictorial audio, or audio-visual form.
(b) When using the Service you agree not to:
(i) post or transmit any content in violation of any applicable law of libel
or defamation in the United States or elsewhere.
(ii) post or transmit any fraudulent content on or through the Service. This
includes content that you know or have reason to know is false and that you
intend for others to rely on.
(iii) post or transmit on or through the Service any advertising or promotional
materials that contain false, deceptive, or misleading statements, claims,
or representations.
(iv) post or transmit or sponsor any unsolicited advertising, promotional materials,
or other forms of solicitation to other Members, individuals, or entities,
except in those areas that are designated for such a purpose. You further agree
not to involve or associate Urisp in any way with the posting or transmission
of unsolicited advertising, promotional materials, or other forms of solicitation,
including but not limited to unsolicited advertisements sent from another service
provider advertising a Urisp-hosted web page, and unsolicited advertisements
sent from another service provider which request that replies be sent to a
Urisp email address.
(v) post or transmit on or through the Service any content that infringes another
person's or entity's copyright in all or any part of the content.
(vi) post or transmit on or through the Service any content that infringes,
dilutes or otherwise violates another person's rights in its trademarks, service
marks, trade dress, or other indicia of origin.
(vii) post or transmit on or through the Service any content that reveals trade
secrets or other confidential or proprietary information belonging to another
person or other entity.
(viii) post or transmit any obscene or pornographic content, including, but
not limited to, child pornography, on or through the Service.
(ix) use the Service to harass, intimidate, threaten, or abuse any person or
entity, by any means, including the use of vulgar, hateful, racially or ethnically
offensive, sexually harassing, or otherwise objectionable content.
(x) use the Service to impersonate any person, including but not limited to,
an agent or employee of Urisp or an information provider, guide, or host, or
communicate under a false name or a name that you are not entitled or authorized
to use in all forms of online communication, including, but not limited to,
screen names, subscriber profiles, chat dialogue, and message posting.
(xi) use the Service to disrupt the normal flow of online dialogue, or otherwise
act in a manner that negatively affects use of the Internet by other Members,
users, individuals, or entities.
(xii) use the Service to violate any operating rule, policy, or guideline of
any other online service provider or interactive service.
(xiii) make false or unverified complaints against Urisp or any Urisp Member,
or otherwise abuse any of Urisp's complaint policies or procedures.
(xiv) abuse Urisp's system, or any other system accessible through the Internet
via Urisp, by causing any harm to the system so that it inhibits or negatively
impacts the ability of other users to effectively use such system. You further
agree not to compromise or attempt to violate security at Urisp or elsewhere,
including but not limited to, attempted access of any data, server, or account
that you are not expressly authorized to access.
(xv) post or cross post, regardless of content, copies of the same message
to twenty (20) or more newsgroups.
(xvi) post, transmit, promote, or otherwise make available any software, product
or service that is illegal, violates the rights of Urisp or a third party,
or is designed to violate this Agreement. Such software, products or services
include, but are not limited to, programs designed to send unsolicited advertisements
(i.e. "spamware"), services which send unsolicited advertisements,
programs designed to initiate "denial of service" attacks, mail bomb
programs, and programs designed to gain unauthorized access to networks on
the Internet.
(xvii) operate a mail server with an open mail relay.
(c) Further, using a personal account for high volume or commercial use (e.g.,
revenue generation, advertising, etc.) is prohibited. You will be notified
if your email or web content or other files on Urisp's servers approach or
exceed the disk storage limit for your account. It will then be your responsibility
to delete enough old email or web content or other files to come back to within
the disk storage limit. If you fail to do so, your account could become unusable
for sending or receiving mail or performing other tasks. You may establish
a commercial or high-volume account be calling Urisp Sales at (205) 559-8300
or (205)559-8333 or (877)710-0065.
(d) If you receive communications via the Internet or the Service that appear
threatening or abusive, you should first contact the appropriate criminal or
civil authorities with a complaint. Urisp can only research alleged threatening
or abusive communications complaints that are received from the appropriate
authorities.
4. Internet Service.
(a) The Internet is an international computer network. The Internet
is not owned, operated, or managed by, or in any way affiliated
with Urisp or any of Urisp's affiliates. Urisp cannot and does
not guarantee that the Service will provide Internet access that
is sufficient to meet your needs. You agree that your use of the
Service and the Internet is solely at your own risk and is subject
to all applicable local, state, national and international laws
and regulations.
(b) YOU AGREE THAT IF Urisp TERMINATES YOUR ACCESS ACCOUNT AS A RESULT
OF YOUR VIOLATION OF ANY TERM OF THIS AGREEMENT, YOU FORFEIT ANY
RIGHT TO A REFUND OF ANY PREPAID ACCOUNT CHARGES, SUCH FORFEITURE
BEING AGREED TO BY YOU AND Urisp AS LIQUIDATED DAMAGES AND NOT AS
A PENALTY. You further agree that Urisp is under no obligation to
forward any email for an account canceled due to a violation. Urisp
reserves the right to refuse the application or reapplication of
anyone whose account has been canceled for a violation, or anyone
whom Urisp suspects is acting on behalf of someone whose account
has been canceled for a violation. Urisp reserves the right to cancel
or suspend all other accounts belonging to you if one of your accounts
was involved in a violation.
(c) Subject to the provision of the Digital Millennium Copyright
Act and any other applicable laws and regulations, Urisp reserves
the right to remove or block access to, either permanently or temporarily,
any files which Urisp suspects or which a third party alleges are
associated with a violation of the law, this Agreement or with the
account responsible for such violation. This includes but is not
limited to blocking access to Usenet news articles.
(d) By using the Service you agree that neither Urisp nor its affiliates
shall be held responsible or liable, directly or indirectly, for
any loss, liability or damage of any nature caused, or alleged to
have been caused, by your use of, or reliance on, any content, goods,
or services available on or through the Service.
(e) If at no additional cost to you, Urisp provides spam filtering
services that you can turn on or off it's use is at your discretion
and Urisp.net is not responsible for any loss of data, email or any
effects cause by the use thereof. You should note, however, that
spam filtering is never perfect and some spam will slip through no
matter what we do. Urisp MAKES NO REPRESENTATION OR WARRANTY THAT
THE USE OF ITS SERVICE WILL BE SPAM-FREE OR SUBSTANTIALLY SPAM-FREE.
Urisp'S EFFORTS TO REDUCE YOUR RECEIPT OF SPAM IS ON A BEST-EFFORTS
BASIS.
5. Content of Communications.
(a) The Service provides you access to information, communications,
software, photos, video, graphics, music, sounds, services and other
material located both on Urisp's computer servers and on the Internet
(the "Content"). As a matter of policy, Urisp does not
pre-screen Content placed on Urisp's computer servers by any of its
subscribers. Moreover, Urisp does not have the practical ability
to monitor, review, or restrict access to Content on Urisp's servers
prior to its transmission or to monitor all communications between
parties. The Internet also provides access to individuals and organizations
that are not Urisp Members. Urisp does not have the capability to
monitor, review, or restrict any Content made available by third
parties on the Internet, to edit or remove any Content that is not
on Urisp's own servers, nor to monitor all communications between
parties. You agree that you shall be responsible for and bear all
risk associated with the accuracy, completeness, reliability or usefulness
of any Content available to you on or through the Service and for
all your communication on the Service.
(b) You agree that notwithstanding anything herein to the contrary,
Urisp has the right, but not the obligation, to remove Content from
Urisp's computer servers that Urisp, in its sole discretion, determines
to be in violation of this Agreement.
6. Copyright, Privacy and Other Rights.
(a) The Service provides access to content that is protected by copyrights,
trademarks, and other intellectual property rights ("Rights")
of various third parties.
(b) You agree that your use of Content shall be governed by all applicable
laws and regulations, and by the specific restrictions placed on
such Content by the owners or licensors of the Rights in such Content.
(c) You agree not to upload, download, display, perform, transmit
or otherwise distribute on or through the Service any material (including,
without limitation, any Content to which you have access through
the Service) that is subject to another party's Rights, without that
party's express permission or unless otherwise authorized by law.
You acknowledge and agree that any such unauthorized conduct: (i)
may result in termination of this Agreement, and; (ii) may expose
you to civil or criminal liability. WITHOUT LIMITING THE FOREGOING
IN ANY WAY, YOU ACKNOWLEDGE AND ACCEPT THAT Urisp SHALL HAVE THE
RIGHT, IN APPROPRIATE CIRCUMSTANCES, TO RESTRICT AND/OR TERMINATE
YOUR SERVICE IF YOU REPEATEDLY ENGAGE IN COPYRIGHT OR TRADEMARK INFRINGEMENT
OR OTHER VIOLATIONS OF THE RIGHTS OF THIRD PARTIES.
(d) You agree that by posting, transmitting or otherwise distributing
material to any public area (such as public chat rooms, message boards,
newsgroups, web space or software libraries), you are requesting
and authorizing Urisp to make that material available to other Internet
users and that such access will result in copies of such material
being transmitted to others. To the extent that such material is
subject to any Rights of yours or a third party, you automatically
(i) grant, and/or represent that owner of any such material has expressly
authorized you to grant, Urisp a royalty-free, perpetual, irrevocable,
non-exclusive, world-wide, right and license to reproduce, publish,
distribute, perform and display such material (in whole or in part),
or (ii) represent that the publication, distribution, performance
and display of such material (in whole or in part) by Urisp, is otherwise
authorized by law.
(e) With respect to any material stored on a Urisp system at your
direction, you acknowledge and agree that in the event that Urisp
receives appropriate notice that such material infringes the Rights
of a third party, has actual knowledge of such infringement, or is
aware of facts or circumstances from which infringement is apparent,
Urisp shall have the right immediately to remove or block access
to such material. Under such circumstances, however, you shall have
the right to notify Urisp that such material has been removed or
access denied as a result of a mistake or misidentification of the
material. You also acknowledge and agree that, under appropriate
circumstances, Urisp shall have the right to remove or block your
access to allegedly infringing Content provided by third parties.
(f) Urisp respects its subscribers' privacy and will not randomly
monitor or disclose the contents of private email or private chat
room communications. However, you agree that Urisp has the right,
but not the obligation, to monitor or disclose the contents of private
communication, if Urisp, in its sole discretion, reasonably believes
that such action is necessary: (i) to comply with applicable law
or valid legal process; (ii) to protect Urisp rights or property;
(iii) in emergencies when a person's physical safety is at issue;
(iv) to research network abuse complaints; or (v) to protect Urisp's
network infrastructure.
(g) Urisp reserves the right to disclose the identity of a member
to third parties in response to a valid legal subpoena and to otherwise
cooperate with legitimate police inquiries and lawful civil proceedings.
7. WEB SITE USAGE.
(a) Urisp's site on the Internet with its home pages in the domain "Urisp.net" or
any other site operated by Urisp (for purposes of this section, the "Web
Site") is a complimentary information service offered by Urisp
at no charge to users.
(b) Urisp may provide links on the Web Site to other web sites which
are not under its control. In general, any web site which has an
address (or URL) which does not contain "Urisp.net" is
such a web site. These links are provided for convenience only and
are not intended as an endorsement by Urisp of the organization or
individual operating the Web Site or a warranty of any type regarding
the web site or the information on the web site.
(c) You may provide a hypertext link to the Web Site on another web
site, provided that: (i) the link must be clearly marked "Urisp," (ii)
the appearance, position and other aspects of the link may not be
such as to damage or dilute the goodwill associated with Urisp's
name and trademark(s), (iii) the appearance, position and other aspects
of the link may not create the false appearance that an entity is
associated with or sponsored by Urisp, (iv) the link, when activated
by a user, must display this Web Site full-screen and not within
a "frame" on the linked Web Site, and (v) Urisp may, in
its sole discretion, revoke consent to link to its Web Site at any
time. All other hypertext links to the Web Site must be approved
in writing by Urisp.
d) Depending on the type of Service you purchase from Urisp, you
may have the right to create your own web page. Urisp is in no way
responsible to you or any other Members for the Content posted on
or to these web pages. Further, Urisp will not monitor any of the
Content or information posted on these web pages.
(e) Your posting of material on the Web Site or providing material
to Urisp to use on the Web Site will be deemed to be a grant by you
to Urisp of a license to the material to include the material on
the Web Site and to reproduce, publish, distribute, perform, display,
and transmit the material and to prepare derivative works as may
be reasonably necessary to do so, and you waive all rights of attribution
and integrity with respect to the material.
8. CONFIGURATION SOFTWARE LICENSE AND FREEWARE.
(a) Urisp may grant to each Member a limited, nonexclusive, nontransferable
and nonassignable license to use the Urisp configuration software,
its associated documentation, and any updates thereto (the "Licensed
Program") in order to access and utilize the Service. Each Member
agrees to use the Licensed Program solely in conjunction with the
Service and for no other purpose. Urisp may modify the Licensed Program
at any time, for any reason, and without providing notice of such
modification to a Member.
(b) Urisp may provide Members with copies of free software ("freeware")
from time to time for the beneficial use of its Members. Urisp dos
not promote or make any recommendations concerning the use of the
freeware as a substitute for software currently used by such Member
or otherwise. The use of the freeware may be subject to copyright
laws or certain intellectual property restrictions and it is the
Members responsibility to ascertain the requirements of use from
each freeware's owner.
9. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY.
In addition to the disclaimer of warranties and limitation of liability
contained in your service agreement, the following disclaimer of
warranties and limitation of liability apply:
(a) EXCEPT FOR CERTAIN PRODUCTS AND SERVICES SPECIFICALLY IDENTIFIED
AS BEING OFFERED BY Urisp, Urisp DOES NOT CONTROL ANY MATERIALS,
INFORMATION, PRODUCTS, OR SERVICES ON THE INTERNET. THE INTERNET
CONTAINS UNEDITED MATERIALS, SOME OF WHICH ARE SEXUALLY EXPLICIT
OR MAY BE OFFENSIVE TO YOU. Urispt HAS NO CONTROL OVER AND ACCEPTS
NO RESPONSIBILITY FOR SUCH MATERIALS. YOU ASSUME FULL RESPONSIBILITY
AND RISK FOR USE OF THE SERVICE AND THE INTERNET AND ARE SOLELY RESPONSIBLE
FOR EVALUATING THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL
SERVICES, PRODUCTS, AND OTHER INFORMATION, AND THE QUALITY AND MERCHANTABILITY
OF ALL MERCHANDISE PROVIDED THROUGH THE SERVICE OR THE INTERNET.
(b) THE SERVICE, THE LICENSED SOFTWARE AND THE FREEWARE (THE "PRODUCTS")
ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
Urisp DOES NOT WARRANT THAT ANY OF THE PRODUCTS WILL BE UNINTERRUPTED,
ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Urisp
MAKES NO EXPRESS WARRANTIES AND WAIVES ALL IMPLIED WARRANTIES INCLUDING,
BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY,
AND FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION,
OR SERVICE PROVIDED THROUGH THE PRODUCTS OR THE INTERNET GENERALLY.
NO ADVICE FOR INFOMRATION GIVEN BY Urisp OR ITS REPRESENTATIVES SHALL
CREATE A WARRANTY. Urisp AND ITS AGENTS AND EMPLOYEES ARE NOT LIABLE
FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR
USE OF THE PRODUCTS OR THE INTERNET INCLUDING ANY INDIRECT, INCIDENTAL,
EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES.
IN ANY EVENT, Urisp'S CUMULATIVE LIABILITY TO ANY MEMBER FOR ANY
AND ALL CLAIMS RELATING TO THE USE OF ANY OF THE PRODUCTS SHALL NOT
EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID DURING A ONE YEAR PERIOD.
(c) EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE EXPRESSLY PROHIBITED
BY LAW, Urisp DISCLAIMS ANY AND ALL LOSS, DAMAGE OR LIABILITY ARISING
OUT OF OR RELATING TO YOUR USE OF THE PRODUCTS, INCLUDING, BUT NOT
LIMITED TO, ANY LOSS, DAMAGE OR LIABILITY RELATING TO: (A) LOSS OR
CORRUPTION OF DATA; (B) LOSS OF OR DAMAGE TO SOFTWARE OR HARDWARE;
(C) ACCESS DELAYS OR ACCESS INTERRUPTIONS; (D) COMPUTER VIRUSES;
(E) NON-DELIVERY OR MIS-DELIVERY OF DATA; (F) THE NEGLIGENT ACTS
AND/OR OMISSIONS OF Urisp OR Urisp SUBSCRIBERS; (G) ANY DEFECTS,
FAILURES, ERRORS, OMISSIONS, OR MISSTATEMENTS IN ANY AND ALL INFORMATION,
GOODS, OR SERVICES OBTAINED ON OR THROUGH THE INTERNET SERVICE, (8)
ANY FAILURE OF INTERNET SERVICE SOFTWARE TO BE YEAR 2000 COMPLIANT;
AND; (9) LOSS OR LIABILITY RESULTING FROM ACTS BEYOND Urisp'S CONTROL.
(d) You may not rely on oral or written information or advice given
by Urisp's officers, directors, employees, agents, authorized representatives,
subcontractors or affiliates and/or their officers, directors, employees,
agents, authorized representatives, or subcontractors or affiliates
to create a warranty or increase the scope of warranty already established
in these terms and conditions. Your rights and Urisp's responsibilities
are limited to the warranties that are expressed in these written
terms and conditions that have been established by Urisp to govern
the use of the Service.
10. Indemnification.
(a) You agree to defend, release, indemnify, and hold Urisp, its
affiliated companies and licensors, and their respective officers,
directors, employees, agents, authorized representatives, and subcontractors
harmless from all liabilities, claims and expenses, including without
limitation reasonable attorneys fees, arising from breach of the
Agreement by use of, or in connection with the posting or transmission
of any Content or other material by or through your account on
the Service.
(b) You agree that Urisp has the right, but not the obligation, at
its own expense, to assume the exclusive defense and control of any
matter otherwise subject to indemnification by you pursuant to Paragraph
(a) of this Section. In such event, you shall have no further obligations
pursuant to Paragraph (a) of this Section.
11. Termination.
(a) You agree that, notwithstanding anything herein to the contrary,
you or Urisp may terminate this Agreement for any reason. You may
terminate your account at any time by providing notice of intent
to terminate to Urisp by: (i) registered or certified mail, return
receipt requested addressed to Urisp, 310 Deer Run, Oneonta, Alabama
35121; or (ii) by calling Support, or (iii) by going to Urisp's
web site and using the Account Service Center. Email termination
of your account will not be accepted. Only the person whose name
is on the account shall have the right to change user identification(s)
and/or password(s) for the account, and/or cancel an existing account.
Urisp may provide termination notice to you by: (i) email addressed
to your email account or by U.S. Mail or courier service to the
address you provided for the Service. All notices to you shall
be deemed effective on the first calendar day following the date
of electronic mailing or on the fourth calendar day following the
date of first-class mailing or deposit with a commercial courier
service.
(b) You agree that Urisp retains the right, but not the obligation,
to restrict or terminate your service at any time, if Urisp, in its
sole discretion, determines that you are in violation of this Agreement.
You agree that, if Urisp determines that you are in violation of
this Agreement, any restriction or termination of your Service will
be effective immediately, without prior notice. You agree that Urisp
will have no liability to you for any restriction or termination
of your Service pursuant to such violation.
(c) You agree that your only right with respect to any dissatisfaction
with (i) any agreement term, policy, or practice of Urisp in operating
the Internet Service, (ii) any Content available on or through the
Internet Service or change therein, or (iii) amount or type of fees
or billing methods, or change therein, is to terminate this Agreement
as set forth in Paragraph (a) of this Section.
(d) You agree that Urisp has the right, but not the obligation, to
delete all program, data, or other files on Urisp's computer servers
that are associated with your account at the time of termination.
12. Miscellaneous.
(a) You agree that this Agreement comprises the entire understanding
between Urisp and you, and supersede any prior agreements or correspondence
between you and Urisp and/or any prior postings or other notices
from Urisp with respect to the subject matter of this Agreement.
(b) Any controversy or claim arising out of or relating to this Agreement
or breach thereof shall be settled by final and binding arbitration
in Oneonta, Alabama, in accordance with the rules then in effect
of the American Arbitration Association, and judgment upon the award
rendered by the arbitration may be entered in any court having jurisdiction.
In reaching a decision, the arbitrator shall have no authority to
change or modify any provision of this Agreement, including, without
limitation, the liquidated damages provisions. Notwithstanding the
rules then in effect of the American Arbitration Association, if
only one arbitrator is appointed, then the arbitrator shall, in all
cases, be an attorney-at-law, or if more than one arbitrator is appointed,
then at least one of the arbitrators shall be an attorney-at-law.
(c) The Service is offered without regard to race, color, religion,
disability, national origin, gender, age, sexual orientation, marital
or veteran status, or any other legally protected status.
(d) This Agreement is governed by the laws of the State of Alabama,
without regard to principles concerning choice of law. You agree
that proper venue for any action arising out of or in connection
with this Agreement shall be Blount County, Alabama, or if such action
is brought in federal court, the Northern District of Alabama.
(e) You agree that, if any portion of this Agreement is held invalid
or unenforceable, that portion will be construed consistent with
applicable law as nearly as possible to reflect the original intentions
of the parties, and the remaining portions will remain in full force
and effect.
(f) Urisp may revise, amend, or modify this Agreement, its billing
rates and account surcharges, the Service, and any other user policies
and agreements, at any time and in any manner. Notice of any revision,
amendment, or modification will be posted on Urisp's web site and/or
on Member's start pages and/or by email and/or in our various publications
and mailings to Members. You agree that by continuing to use the
Service following notice of any revision to the Agreement, Urisp's
billing rates, Urisp's account surcharges, the Service, or any other
user policies or agreements, you accept any such revisions and agree
to abide by any such revisions. If any revision to this Agreement,
Urisp's billing rates, Urisp's account surcharges, the Service, or
any other user policies or agreements, is unacceptable to you, you
may terminate this Agreement under the terms of this Agreement.
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