Pursuant to the Digital Millennium Copyright Act, Spydernet, Inc has adopted
and has implemented a policy that will terminate a subscriber's or user's acount
and privileges, in appropriate circumstances, if it is found that the subscriber
or user is engaging in repeated instances of copyright infringement.
TRADEMARKS
Spydernet, Inc, and/or any other names of Spydernet, Inc, or its publications, products, content or services referenced herein or on
the Site are the exclusive trademarks or servicemarks of Spydernet, Inc. Other
product and company names mentioned in the Site may be the trademarks of their
respective owners.
Use of the Site
You understand
that, except for information, products or services clearly identified as being
supplied by Spydernet, Inc, Spydernet, Inc does not operate, control or endorse any
information, products or services on the Internet in any way. Except for Spydernet, Inc identified information, products or services, all information, products and
services offered through the Site or on the Internet generally are offered by
third parties that are not affiliated with Spydernet, Inc You also understand that
Spydernet, Inc cannot and does not guarantee or warrant that files available for
downloading through the Site will be free of infection or viruses, worms, Trojan
horses or other code that manifest contaminating or destructive properties. You
are responsible for implementing sufficient procedures and checkpoints to
satisfy your particular requirements for accuracy of data input and output, and
for maintaining a means external to the Site for the reconstruction of any lost
data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE
AND THE INTERNET. Spydernet, Inc PROVIDES THE SITE AND RELATED INFORMATION "AS IS"
AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR
ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR
NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR
SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND Spydernet, Inc SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR
INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO
EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE,
SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON
THE INTERNET GENERALLY. Spydernet, Inc DOES NOT WARRANT THAT THE SERVICE WILL BE
UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE INTERNET CONTAINS UNEDITED MATERIALS
SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOU ACCESS SUCH
MATERIALS AT YOUR RISK. Spydernet, Inc HAS NO CONTROL OVER AND ACCEPTS NO
RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL Spydernet, Inc BE LIABLE FOR (I) ANY INCIDENTAL,
CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR
LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE
LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY
INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE
SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF Spydernet, Inc OR
ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER
INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH
THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT
APPLY TO YOU. IN SUCH STATES, Spydernet, Inc'S LIABILITY IS LIMITED TO THE
GREATEST EXTENT PERMITTED BY LAW.
Spydernet, Inc makes no representations
whatsoever about any other web site which you may access through this one or
which may link to this Site. When you access a non-Spydernet, Inc Web site, please
understand that it is independent from Spydernet, Inc, and that Spydernet, Inc has
no control over the content on that Web site. In addition, a link to a Spydernet, Inc Web site does not mean that Spydernet, Inc endorses or accepts any
responsibility for the content, or the use, of such Web site.
Indemnification
You agree to indemnify, defend and
hold Spydernet, Inc, its officers, directors, employees, agents, licensors,
suppliers and any third party information providers to the Service from and
against all losses, expenses, damages and costs, including reasonable attorneys'
fees, resulting from any violation of this Agreement (including negligent or
wrongful conduct) by you or any other person accessing the Service.
Third Party Rights
The provisions of paragraphs 2
(Use of the Service), and 3 (Indemnification) are for the benefit of Spydernet, Inc and its officers, directors, employees, agents, licensors, suppliers, and
any third party information providers to the Service. Each of these individuals
or entities shall have the right to assert and enforce those provisions directly
against you on its own behalf.
Term;
Termination
This Agreement may be terminated by either party without
notice at any time for any reason. The provisions of paragraphs 1 (Copyright,
Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4
(Third Party Rights) and 6 (Miscellaneous) shall survive any termination of this
Agreement.
Miscellaneous
This Agreement shall all be
governed and construed in accordance with the laws of the State of Texas
applicable to agreements made and to be performed in Texas. You agree that any
legal action or proceeding between Spydernet, Inc and you for any purpose
concerning this Agreement or the parties' obligations hereunder shall be brought
exclusively in a federal or state court of competent jurisdiction sitting in
Texas. Any cause of action or claim you may have with respect to the Service
must be commenced within one (1) year after the claim or cause of action arises
or such claim or cause of action is barred. Spydernet, Inc's failure to insist
upon or enforce strict performance of any provision of this Agreement shall not
be construed as a waiver of any provision or right. Neither the course of
conduct between the parties nor trade practice shall act to modify any provision
of this Agreement. Spydernet, Inc may assign its rights and duties under this
Agreement to any party at any time without notice to you.
Any
rights not expressly granted herein are reserved