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EDIFAX Web Service Client Agreement
You may print this form and mail to EDIFAX or acknowledge agreement on the application form.


Terms and Conditions

This document forms an agreement to provide services  between EDIFAX and ________________________,  hereafter referred to as the "client."

Description of Services

EDIFAX will provide to the client the ability to create and maintain a set of HyperText Markup Language documents and associated files on its local server system. These documents will be made available to users of the Internet for use as source documents for World Wide Web browsers. EDIFAX does not assume responsibility for the creation, maintenance, or correctness of these documents and files as a result of this agreement.

Appropriate Usage

All services provided by EDIFAX may be used for lawful purposes only. Transmission or storage of any information, data or material in violation of any United States Federal, State or Local law is prohibited. This includes, but is not limited to: copyrighted material, material legally judged to be threatening or obscene, or material protected by trade secret and other statue. The client agrees to indemnify and hold harmless EDIFAX from any claims resulting from the use of the service which damages the client or any other parties.

Payment for services

Payment is due by the first day in each payment term.

If the client pays via credit card, the payment term may be monthly or quarterly. The client will provide and maintain a valid credit card number and agrees to authorize a charge equal to the amount owed on the first day of each term. This charge will be processed without explicitly obtaining additional authorization each term.

If the client pays via check or money order, the payment term is each quarter (January-March, April-June, July-September, and October-December).

For clients who opt for an six month payment, the payment term begins on the semi-anniversary date of this agreement (e.g. if this agreement is dated March 18, the payment terms begin each March 18 and September 18).

For clients who opt for an annual payment, the payment term begins on the anniversary date of this agreement.

Accounts opened during a payment term will be charged a prorated fee based on a 30-day month or 90-day quarter, whichever is applicable.

Accounts are in default if payment is not received by the 10th day of the payment term. If a client's check is returned by the bank as unredeemable, the client will be deemed to be in default, and will be liable for a "returned check" charge of $25. Accounts unpaid by the 15th day of the term may have their service suspended or terminated. Such interruption does not relieve the client from the obligation to pay the applicable charges. Only a written request to terminate service relieves the client of their obligation to pay the account charge. Accounts in default are subject to a late payment charge of $10 and interest of 1.5% per month on the outstanding balance. If the client's state or local law prevents EDIFAX from charging interest of 1.5% per month, the maximum allowable rate for the client's state or locale will be charged. If the client defaults, the client agrees to pay EDIFAX its reasonable expenses, including attorney and collection agency fees, incurred in enforcing its rights under these Terms and Conditions.

Authorized usage and control of account

All files, information and mail under the account will be preserved for 30 days from the date the payent is due. If the payment is not received after 30 days, all files, information and mail under the account may be deleted. If the client wishes to use the service again, the client must re-apply as a new client. For this, a normal setup fee will be required. A refundable deposit may also be required.

EDIFAX has the right to delete all data, files or other information that is stored in the client's account if the client's account with the company is terminated, for any reason, by either EDIFAX or the client.

EDIFAX retains the right to remove or otherwise make unavailable any materials that it believes are or may be harmful to the system in any way or that it believes are or may be illegal. The determination of this situation is solely at the discretion of EDIFAX.

The client will not utilized the account to provide access to "adult" materials. This includes material of a sexual nature, regardless of whether the material has been judged legally obscene. EDIFAX reserves the right to terminate services to the client if the account contains materials of this nature. The determination of acceptable materials is solely at the discretion of EDIFAX.

All files stored on EDIFAX systems may be inspected at any time by an authorized agent of EDIFAX. EDIFAX retains the right to make copies of any and all files for archival purposes. The archives may not be purged even though the client's account has been terminated and all original files removed from their account locations.

The client acknowleges that, despite security measures, files stored on any EDIFAX system are subject to inspection, theft, or corruption by persons not employed by EDIFAX and agrees to hold EDIFAX blameless in the event such inspection, theft, or corruption occurs.

The client acknowleges that electronic mail is inherently insecure and unreliable. The client waives all expectations of privacy and/or delivery in the use of electronic mail and will not hold EDIFAX liable in any way for damages or losses caused by the loss, misrouting, exposure, or corruption of electronic mail or any associated files.

Accounts cannot be transferred or used by anyone other than the client or their authorized agent. No more than one login session may be used at any time by the client or any agent. If the client has multiple accounts, the client is limited to one login session per system account at any time. User programs may be run only during login sessions. This does not include CGI programs being executed in the normal, expected activity of an HTTP server. Clients are specifically prohibited from using programs designed to be left running in the background after logging out of the system. The client is also specifically prohibited from reselling, subleasing, or donating use of the account to other parties without the express written permission of EDIFAX. Accounts which show activity in violation of this paragraph are subject to immediate cancellation.

Suspension and cancellation of services

EDIFAX shall have the right to suspend or cancel services to the client at any time, and for any reason, without notice. If such a suspension is to last for more than 30 days, the client will be notified as to the reason. If service is cancelled by EDIFAX, the client will receive a prorated refund.

Service provided by EDIFAX may be cancelled in writing by the client at any time with no penalty. Prepaid accounts (other than monthly) with more than 10 days remaining in the payment term will receive a prorated refund. If a client received a discount for a six month or one year prepayment, the refund will be adjusted to reflect a charge for months used at the full monthly rate at the time the prepayment was made.

Change of rates

EDIFAX reserves the right to change the rate by notifying the client 30 days in advance of the effective date of the change. This notice may or may not be in writing.

Authorized agent

The person signing this agreement certifies that he or she is at least 18 years of age and acting as the authorized agent of the client.

Additional services

If the client requests that EDIFAX provide services not deliniated herein, the client agrees to pay EDIFAX the rate for such services in effect at the time such service was rendered.

Control of content

EDIFAX exercises no control whatsoever over the content of the information passing through EDIFAX systems, other than attemping to assure the safe, legal operation of their systems. EDIFAX specifically does not exercise editorial control over any materials it believes to be legal. The client assumes full responsibility for all materials placed on the system by the client or on the clients behalf by EDIFAX.

Resource usage

The client agrees to maintain resource usage within the limits imposed by EDIFAX. The client will store no more than 100 megabytes of data on the system, unless additional storage space has been contracted for. In the event the client's materials or presentation cause excessive system load or transmission usage, the client agrees to modify the materials or presentation to reduce these effects or compensate EDIFAX for any increased costs incurred by EDIFAX as a result of these effects. The presence of these effects is solely the judgement of EDIFAX.

Other aspects

EDIFAX makes no warranties of any kind, whether expressed or implied, for the service it is providing. EDIFAX also disclaims any warranty of merchantability or fitness for a particular purpose. EDIFAX will not be responsible for any damage suffered. This includes loss resulting from delays, nondeliveries, misdeliveries, or service interruptions caused by EDIFAX's negligence or the client's errors or omissions. Use of any information obtained via EDIFAX  is at your own risk. EDIFAX specifically denies any responsibility for the accuracy or quality of information obtained through its services.

LIMITED LIABILITY. ANY LIABILITY OF THE COMPANY, INCLUDING WITHOUT LIMITATION ANY LIABILITY FOR DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OF OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, SHALL BE STRICTLY LIMITED TO THE AMOUNT PAID BY OR ON BEHALF OF THE SUBSCRIBER TO THE COMPANY FOR THE CURRENT PAYMENT TERM.

Should any provision of this agreement be held to be illegal, invalid, or unenforceable by a court law, the legality, validity and enforceability of the remaining provisions of this agreement shall remain unaffected thereby unless otherwise stated.

These Terms and Conditions supersede all previous representations, understandings or agreements and shall prevail notwithstanding any variance with terms and conditions of any order submitted. Use of EDIFAX services constitutes acceptance of these Terms and Conditions.

Name: _____________________________________________________

Signature: ________________________________________________

Date: _____________________________________________________

 

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Copyright 1997-98 EDIFAX Business Internet Services
Last modified: November 15, 1999