ο»Ώ<!DOCTYPE html PUBLIC "-//W3C//DTD XHTML 1.0 Transitional//EN" "http://www.w3.org/TR/xhtml1/DTD/xhtml1-transitional.dtd">
<html xmlns="http://www.w3.org/1999/xhtml">
<head>
<meta http-equiv="Content-Type" content="text/html; charset=utf-8" />
<meta HTTP-EQUIV="Pragma" CONTENT="no-cache">
<meta HTTP-EQUIV="Expires" CONTENT="-1">
<link rel="shortcut icon" href="images/favicon.png">
<link rel="icon" href="images/favicon.png">
<title>Terms of Service</title>
<style type="text/css">
<!--
body {
margin-left: 0px;
margin-top: 0px;
margin-right: 0px;
margin-bottom: 0px;
background-color:#FFFFCC;
}
-->
</style>
</head>
<body>
<textarea style="width:99%; height:380px; font-size:12px; font-family: Arial, Helvetica, sans-serif; background-color: #FFFFCC; border-style:none; ">
Terms of Service
Please read the Acceptable Use Policy (AUP) and accept it prior to creating your account. Also acknowledge that you may only have one (1) free account, and that creation of multiple free accounts will result in the deletion of all of your accounts.
Policy Last Modified: November 15, 2007
1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE
All services provided by ASUSTeK Computer INC. (βASUSTeKβ) are provided to you (the βMemberβ) under the Terms and Conditions set forth in this Acceptable Use Policy ( βAUPβ ") and any other operating rules and policies set forth by ASUSTeK. The AUP comprises the entire agreement between the Member and ASUSTeK and supersedes all prior agreements between the parties regarding the subject matter contained herein. BY COMPLETING THE REGISTRATION PROCESS AND CLICKING THE "Accept" BUTTON, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE AUP.
2. DESCRIPTION OF SERVICE
ASUSTeK is providing the Member with the DNS-based aliasing service (βServiceβ). The Member must (1) provide all equipment necessary for its own Internet connection, including computer and modem, and (2) provide for the Member's own access to the Internet and pay any fees related with such connection. All information requested on sign-up shall be referred to as registration data (βRegistration Dataβ). Furthermore, the Member grants ASUSTeK the right to disclose certain Registration Data about the Member and Service information where required to do so by any applicable law or legal process. ASUSTeK reserves the right to terminate the Member's membership and right to use the Service, with or without notification to the Member.
3. MODIFICATIONS TO ACCEPTABLE USE POLICY
ASUSTeK reserves the right to change the terms and conditions of this AUP as necessary. ASUSTeK expects the Member to actively ensure that it agrees to the current AUP, and a modification date will be posted on any and all copies of the AUP. Please note that the Member's use of the Service constitutes an acknowledgement by the Member to follow and be bound by the AUP and any modifications.
4. MODIFICATIONS TO SERVICE
ASUSTeK reserves the right to modify or discontinue the Service with or without notice to the Member. ASUSTeK shall not be liable to the Member or any third party should ASUSTeK exercise its right to modify or discontinue the Service.
5. DISCLAIMER OF WARRANTIES
THE MEMBER EXPRESSLY AGREES THAT THIS WEBSITE AND THE USE OF THE SERVICE IS AT THE MEMBER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" BASIS. ASUSTeK EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ASUSTeK MAKES NO WARRANTY THAT THE SERVICE WILL MEET THE MEMBER'S REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; NOR DOES ASUSTeK MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE MEMBER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT THE MEMBER'S OWN DISCRETION AND RISK AND THAT THE MEMBER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THE MEMBER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. ASUSTeK MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR IN ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE MEMBER FROM ASUSTeK OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
6. LIMITATION OF LIABILITY
ASUSTeK SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASE OR OBTAINED OR DOMAINS MOVED OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF THE MEMBER'S TRANSMISSIONS OF DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLE, EVEN IF ASUSTeK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. HOST CONTENT AND OTHER LIMITATIONS
ASUSTeK assumes no responsibility for the content of any material located on the hosts provided from the Service. ASUSTeK has no control over these websites or other material hosted on external hosts; however, ASUSTeK retains the right, on ASUSTeKβs sole discretion, to determine whether or not the Member's conduct is consistent with the letter and spirit of the AUP and may terminate the Service if the Member's conduct is found to be inconsistent with the AUP.
8. MEMBER CONDUCT
The Member is solely responsible for the contents of his/her usage of the Service. The Member's use of the Service is subject to all applicable local, state, federal, and international laws and regulations. The Member agrees: (1) to comply with all local, state, and federal laws regarding the transmission of technical data exported from the United States through the service; (2) not to use the Service for illegal purposes; (3) not to interfere with or disrupt networks connected to the Service; and (4) to comply with all regulations, policies, and procedures of networks connected to the Service. The Service makes use of the Internet's DNS protocol to create and delegate domains; therefore, the Member's conduct is subject to Internet regulations, policies, and procedures. The Member will not use the Service for illegal software, illegal pornography, spamming, linkspamming, spamdexing, or any use of distribution lists to any person who has not given specific permission to be included in such a process. For purposes of this AUP, facilitation of the illegal distribution of copyrighted materials, through operation of a "hub", "tracker", or other filesharing mechanism, shall be considered identical to the actual illegal distribution of those copyrighted materials. The Member agrees not to transmit through the service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. A cleanup fee of 100.00/hour (minimum 4 hours) may be assessed by ASUSTeK for violation of these terms. The Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation. Attempts to gain unauthorized access to other computer systems are prohibited. The Member shall not interfere with another Member's use and enjoyment of the Service or another entity's use and enjoyment of similar services. ASUSTeK may, at its sole discretion, immediately terminate the Service should the Member's conduct fail to conform to the terms and conditions of the AUP.
9. INDEMNIFICATION
The Member agrees to indemnify and hold ASUSTeK, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including without limitation reasonable attorneys' fees, made by any third party due to or arising out of the Member's use of the Service, the violation of this AUP by the Member, or the infringement by the Member, or other user of the Service using the Member's computer, of any intellectual property or any other right of any person or entity.
10. TERMINATION
Either the Member or ASUSTeK may terminate the Service with or without cause at any time and may do so immediately. ASUSTeK shall not be liable to the Member or any third party for termination of the Service. Should the Member not use the Service for a period of three months, ASUSTeK may terminate the Service immediately. Should the Member object to any terms or conditions of the AUP or any subsequent modifications thereto or become dissatisfied with the Service in any way, the Member's only recourse is to immediately: (1) discontinue use of the Service; (2) terminate the Member's membership; and (3) notify ASUSTeK of the Member's termination. Upon termination of the Service, the Member's right to use the Service immediately ceases.
</textarea>
</body>
</html>
