Policies and Agreements1. OLSON STUDIOS Terms of ServiceOLSON STUDIOS ("OS") agrees to provide you ("Customer") with their fulfillment of service as agreed upon by signed contract between Customer and OS (collectively, referred to herein as "Services"), under and subject to the terms and conditions stated herein. Customer is responsible for obtaining the equipment, Internet service provider, software and telephone services which are necessary for accessing and using the aforementioned Services. 2. Billing AgreementCustomer agrees to Pay In Full all outstanding account balances within 30 days of their Invoice Billing Date provided by OS.
3. Entire Agreement; AmendmentsThis agreement (the "Agreement") comprises the entire agreement between OS and Customer, and supersedes any prior agreements between Customer and OS with respect to the subject matter hereof. This Agreement does not supersede any additional terms and conditions of which Customer is notified by OS and/or which may apply when using third party content, software or services. OS may amend or revise this Agreement at any time and at its sole discretion, and such amendment or revision shall be effective upon posting of such revised agreement on the OS web site (the "Website"). Customer hereby agrees to review this Agreement by accessing the Website periodically to become aware of any such revisions. If any revision is unacceptable to Customer, this Agreement may be terminated by Customer as provided in Section 9 hereof. Continued use of the Services following posting of the revised Agreement shall be deemed to be acceptance of all such revisions. 4. Account InformationCustomer HEREBY CERTIFIES THAT HE/SHE IS AT LEAST EIGHTEEN (18) YEARS OLD. Customer agrees to provide OS with valid, complete and updated (as applicable) Company Tax Identification Number or Personal Social Security Number along with all contact and billing information. Failure to do so will constitute a breach of this Agreement, and any subsequent access to Services by Customer will be considered invalid and unauthorized. Unauthorized access to any Services may result in immediate termination of Customer's account and will subject Customer to civil and criminal liability. When registering for Service, Customer will select a Verification Password (the "Password"). The Password may be requested by OS periodically to verify authenticity of requests of Service placed by Customer. Customer shall be solely responsible for maintaining the confidentiality of the Password and shall be liable for any damages resulting from disclosing or allowing disclosure of such Password or from the use, authorized or unauthorized, by any person of such Password to gain access to Customer's account. For security reasons, OS recommends that Customer change the Password often. At NO TIME should Customer respond to an online request for the Password. When deemed necessary, contact by telephone should be used to verify requests for Service. Former OS Customers' whose accounts have been terminated by OS may not access the Services in any manner without the express written (which shall be deemed to include authorization via e-mail) permission of OS. 5. ChargesCurrent rates and surcharges for the Services may be obtained by accessing the appropriate pricing section of the Website. OS may change its fees and billing methods at any time and at its sole discretion effective upon thirty (30) days' prior notice, which notice shall be posted in the pricing section of the Website. All changes will be posted online, and Customer is responsible for periodically reviewing posted pricing information and for keeping current with any changes. If any such change is unacceptable to Customer, Customer may terminate his/her OS service account as provided in Section 9 hereof. Customer's continued use of the Services following any posted billing change shall be deemed acceptance of such change. Customer's monthly fees are non-refundable in whole or in part. Customer shall be responsible for any and all Internet service provider access charges incurred while connecting to the Services. Charges are to be paid monthly by Customer in the currency in which they were billed. If Customer's use of the Services is subject to use or sales tax, as provided by local, state, national or international law, then OS may pass the amount of any such taxes on to Customer. 6. Disclaimer of WarrantyTo the maximum extent allowed by law, OS hereby disclaims any and all warranties relating to connection to, transmission over, or results or use of, any network connection or facilities provided (or the failure of such to be provided) through the Services. Customer is solely responsible for assessing his/her own computer transmission network needs, and obtaining suitable service from a third party to fulfill such needs. Customer EXPRESSLY AGREES THAT USE OF THE SERVICES, ALL SOFTWARE DISTRIBUTED BY OS AND THE INTERNET ARE AT CUSTOMER'S SOLE RISK. THE SERVICES AND ANY SOFTWARE DISTRIBUTED BY OS ARE PROVIDED ON AN "AS IS" BASIS. OS DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE, WITH RESPECT TO THE SERVICES, ALL SOFTWARE DISTRIBUTED BY OS AND THE INTERNET. OS ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY CUSTOMER, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA FROM DELAYS, NONDELIVERIES, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OR SERVICE INTERRUPTIONS CAUSED BY THE CONDUCT OR NEGLIGENCE OF OS, ITS LICENSORS AND SUBCONTRACTORS, OR CUSTOMER'S OWN ERRORS AND/OR OMISSIONS. OS makes no warranty with respect to any related software or hardware used or provided by OS in connection with the Services. Any patent, trademark, trade secret or warranty infringements, whether actual or alleged, are the sole responsibility of the manufacturer of said hardware or software product, and OS assumes no responsibility for any actions, liabilities or damages arising from the possession or use of these software or hardware products. 7. Limitation of LiabilityCustomer ACKNOWLEDGES THAT OS SHALL NOT ASSUME OR HAVE ANY LIABILITY FOR ANY ACTION BY OS OR ITS CONTENT PROVIDERS OR OTHER LICENSORS WITH RESPECT TO CONDUCT, COMMUNICATION OR CONTENT OF THE SERVICES. OS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH THE SERVICES OR ANY PRODUCT PROVIDED BY OS. OS' ENTIRE LIABILITY AND CUSTOMER'S EXCLUSIVE REMEDY WITH RESPECT TO USE OF THE SERVICES AND ALL SOFTWARE DEVELOPED BY OR FOR OS SERVICES WHICH IS FOUND TO BE DEFECTIVE USING MEDIA CHOSEN BY OS SERVICES SHALL BE LIMITED TO AN AMOUNT EQUAL TO THE TOTAL AMOUNT PAID BY CUSTOMER FOR THE DEFECTIVE SERVICE LESS AN AMOUNT EQUAL TO THE VALUE OF THE SERVICE FOR THE TIME THAT IT OPERATED PROPERLY. OS' LIABILITY TO CUSTOMER FOR ANY AND ALL BREACHES OF THIS AGREEMENT IS LIMITED SOLELY TO THE TOTAL CUMULATIVE AMOUNT PAID BY CUSTOMER TO ACCESS AND USE THE SERVICES. IN STATES WHICH DO NOT ALLOW AN EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, OS' LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. 8. IndemnificationCustomer agrees to indemnify and hold harmless OS from all liabilities, damages, costs and expenses, including, without limitation, attorneys' fees, arising from or related to any breach of this Agreement by Customer, or in connection with transmissions by or through Customer's Service account. OS reserves the right, at Customer's expense, to assume the exclusive defense and control of any matter subject to indemnification by Customer hereunder, and in such event, Customer shall have the obligation to provide indemnification for such matter and reimbursement of all reasonable attorneys' fees incurred by OS in defending such claim. 9. TerminationEither Customer or OS may terminate Customer's subscription to the Services at any time. Customer's sole and exclusive recourse with respect to dissatisfaction with any: (a) Agreement term, policy or practice of OS in operating the Services, (b) Content available through the Services or change therein, or (c) Amount or type of fees or billing methods or a change therein, shall be termination of Customer's subscription to the Services by notifying OS Billing, as provided below, of Customer's desire to so terminate and by confirming such request in writing or electronically if requested to do so by OS. Customer's notice of termination will be effective upon receipt by OS or upon receipt of Customer's written confirmation by OS if confirmation is so requested. If Customer's Services account is terminated or canceled, no refund of any fees, including monthly fees, will be granted to Customer, and any time credited to Customer's account shall not be convertible to cash or other form of credit. To cancel a Service, or all Services in their entirety, Customer may:
Any event that causes an inactive Customer to become an active one may cause a subscription fee to be imposed if the Customer has not paid a subscription fee in the last month. 10. GeneralThis Agreement is not assignable by Customer. It shall be construed, interpreted and governed under, pursuant to and in accordance with the laws of the State of Michigan. Each party waives the right to a jury trial in any lawsuit or action based upon or arising out of this Agreement. This Agreement contains the complete and exclusive understanding of the parties with respect to the subject matter hereof. No waiver, alteration, or modification of any of the provisions hereof will be binding unless made in accordance with the provisions of Section 2 hereof, or unless expressly agreed to in writing and signed by both parties. Customer may not use, copy, modify, sublicense, rent, sell, assign or transfer rights and privileges granted pursuant to this Agreement, or the Services, except as expressly provided in this Agreement. Any assignment in violation of this Agreement shall be void. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability; (i) of such provision under other circumstances, or (ii) of the remaining provisions hereof under all circumstances. The paragraph headings contained in this Agreement are for the purposes of convenience only and are not intended to define or limit the contents of said paragraphs. OS and Customer are independent contractors under this Agreement. OS' failure to enforce, at any time, any of the provisions of this Agreement shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the right of either party to enforce each and every such provision thereafter. The express waiver by OS of any provision, condition or requirement of this Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement. Notwithstanding anything else in this Agreement, no default, delay or failure to perform on the part of OS shall be considered a breach of this Agreement if such default, delay or failure to perform is shown to be due to causes beyond the reasonable control of OS. 11. Unacceptable Conduct(a) Customer may not engage in any conduct or communication while using the Services which is unlawful or which restricts or inhibits any other Customer from using or enjoying the Services. Customer agrees to use the Services only for lawful purposes. OS reserves the right to terminate Customer's Services if it determines, in its sole discretion, that Customer has engaged in unacceptable conduct. The list of prohibited conduct set forth in Subsection (b) below provides examples of unacceptable conduct, which list is not exhaustive, and OS reserves the right, but not the responsibility, to restrict conduct which OS deems, in its sole discretion, to be harmful to individuals, damaging to the Services, or in violation of OS' or any third party's rights. OS may prohibit or delete conduct, communication or content transmitted on OS services that is deemed to be in violation of applicable laws or is harmful to other members, the OS service community or the rights of OS in general. Customer acknowledges, however, that communication over the Services often occurs in real-time and OS cannot, and does not intend to, screen communication in advance. YOU MAY NOT USE THE SERVICES TO:
In certain situations, the overall pattern of behavior on an account or a set of linked accounts may be determined to be disruptive or abusive, even if no one single act clearly violates any specific policy. In such cases, OS reserves the right to determine what patterns of behavior are defined as "high-maintenance" or "disruptive" and may take action against the account(s), ranging from a simple request to moderate the high-maintenance behavior, to total lockout of all linked accounts. 12. Copyright Rules and Regulations
OS will make every attempt to notify Customer by e-mail when Policy changes occur. (Last Updated: Wednesday, August 3, 2005)
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