GGE Internet Access (hereinafter "GGE") is an internet access service provided by GGE Computer Systems, Inc. subject to the terms and conditions of this GGE Internet Access Subscription Agreement ("Agreement"). This Agreement constitutes the entire agreement between you (hereinafter "you" or "Subscriber") and GGE. This Agreement takes effect on the date on which you accept this Agreement and continues until your GGE subscription is terminated either by you or by GGE Computer Systems, Inc..
1. Essentials of Your
Subscription
1.1 You represent and
warrant that you are at least 18 years of age and that you possess the legal
right and ability to enter into this Agreement and to use GGE in accordance
with this Agreement. You may terminate your GGE subscription at any time, with
or without cause, upon notice to GGE Computer Systems, Inc; provided that you
are responsible for all charges, which have been submitted, prior to your
notice of termination. If you are participating in any trial period offer, you
must terminate your subscription prior to the end of the applicable trial
period in order to avoid incurring service or any other applicable charges. GGE
Computer Systems, Inc. may terminate or suspend your GGE subscription at any
time, with or without cause, with or without notice. Your GGE subscription is
personal to you, you agree not to assign, transfer, resell or sublicense your
rights as a subscriber unless specifically allowed by this Agreement.
1.2 GGE Computer
Systems, Inc. may allow you to have additional member accounts associated to
your account ("Associated Accounts"). You may allow other household
members (including minors) to use your Associated Accounts, provided that you
agree to pay all charges that are incurred by yourself or others utilizing the
Associated Accounts. As between GGE Computer Systems, Inc. and you, you are
solely responsible for all usage of the Associated Accounts, including any
violations of this Agreement, which may include, but is not limited to, roaming
charges and telecommunication charges for connecting to GGE such as long
distance charges. Your subscriber account (including any Associated Accounts)
will be terminated for violations of this Agreement by yourself or others
utilizing an Associated Account. Your right to the Associated Accounts, if any,
is personal to you, no person utilizing an Associated Account has any right to
your subscriber account (including your Associated Accounts). You agree not to
assign, transfer, resell, sublicense or otherwise distribute your right or
access to the Associated Accounts. "You" (and "your") as
used throughout the remainder of this Agreement shall mean you and any person
utilizing an Associated Account.
1.3 You acknowledge
that you are aware that some areas of GGE and the Internet may contain material
that is unsuitable for minors, and you agree to supervise usage by minors whom
you permit to use your GGE account.
1.4 You acknowledge and
agree that the party being billed for your GGE subscription (that is, the party
who is responsible for the credit card or other payment account associated with
your account) has the right to terminate the subscriber account and all
Associated Accounts at any time, make changes to your subscriber account
information and Associated Accounts and to request and receive usage
information related to such accounts.
2. GGE Usage
2.1
As a condition of your
use of GGE, you warrant to GGE Computer Systems, Inc. that you will not use GGE
for any purpose that is unlawful or prohibited by these terms, conditions, and
notices. GGE is provided to individuals only and for personal use only. You
agree to use GGE only to send and receive personal messages. Any unauthorized
commercial use of GGE, or the resale of its services, is expressly prohibited.
You agree to abide by all applicable local, state, national and international
laws and regulations. You are solely responsible for all acts or omissions that
occur under your account or password, including the content of these
transmissions through GGE. You may not modify, copy, distribute, transmit,
display, perform, reproduce, publish, license, create derivative works from,
transfer, or sell any information, software or services obtained from or
through GGE.
2.2
You agree not to do any
of the following while being connected to GGE:
* Use GGE or any of its
related services in connection with surveys, contests, pyramid schemes, chain
letters, junk e-mail, spamming, or any duplicative or unsolicited messages to
parties with whom you have no prior relationship (commercial or otherwise).
* Send unsolicited
e-mail or instant messages through third-party mail servers to relay your
message or hide the origination of your message or any other message to others.
* Use your e-mail
accounts in the text of unsolicited e-mail messages or Web sites as an address
to which subscribers, members or other Internet users can respond.
* Mass-post,
cross-post, or post off-topic messages to any newsgroup or bulletin board
service.
* Use simultaneous,
unattended, or continuous connections to GGE with one account without a
subscription permitting such use (if available).
* Defame, abuse,
harass, stalk, threaten, or otherwise violate the legal rights (such as rights
of privacy and publicity) of others.
* Publish, distribute,
or disseminate any inappropriate, profane, defamatory, infringing, obscene,
indecent, or unlawful material or information.
* Advertise or offer to
sell or buy any goods or services for any non-personal purpose.
* Harvest or otherwise
collect information about others, including e-mail addresses, without their
consent.
* Create a false
identity for the purpose of misleading others as to the identity of the sender
or the origin of a message.
* Use, download, or
otherwise copy, or provide (whether or not for a fee) to a person or entity
that is not an GGE member any directory of GGE
members, or any other user or usage information or any portion of any of them.
* Transmit or upload
any material that contains viruses, Trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs.
* Transmit or upload
any material that contains software or other material protected by intellectual
property laws, rights of privacy or publicity or any other applicable law
unless you own or control the rights thereto and have the legal right to do so or
have received all necessary consents.
* Interfere with or
disrupt networks connected to GGE or violate the regulations, policies, or
procedures of such networks.
* Attempt to gain
unauthorized access to GGE, other GGE accounts, or computer systems or networks
connected to GGE, through password mining, hacking or by any other means.
* Violate any
applicable laws or regulations including, without limitation, laws regarding
the transmission of technical data or software exported from the
* Interfere with
another member's use and enjoyment of GGE or another individual's
or entity's use and enjoyment of similar services.
* View, intercept, or
attempt to intercept e-mail or other private communications not intended for
you.
* Violate any posted
guidelines or codes relating to the use of GGE.
Without limiting any of
GGE Computer Systems, Inc.'s rights to terminate your GGE subscription as
described elsewhere in this Agreement, GGE Computer Systems, Inc. may, without
notice, terminate your GGE subscription including all Associated Accounts for
violation of any of the foregoing rules by any party utilizing your subscriber
account or any Associated Account.
2.3
GGE Computer Systems,
Inc. has no obligation to monitor anyone's use of GGE or retain the content of
any user session. However, GGE Computer Systems, Inc. reserves the right at all
times and without notice to delete any content and to monitor, review, retain
and/or disclose any content or other information in GGE Computer Systems,
Inc.'s possession, however obtained, about or related to you, your use of GGE
or otherwise as GGE Computer Systems, Inc. deems necessary or useful to satisfy
any applicable law, regulation, legal process, or governmental request.
2.4
When using GGE you are
subject to all the rules specified by the services and Web sites you visit.
This includes other GGE-branded services and Web sites as well as services and
Web sites operated by third parties. If another party reports that you have
violated their rules, you agree that GGE Computer Systems, Inc. may take
appropriate action just as if you had violated this Agreement.
2.5
You must promptly
notify GGE Computer Systems, Inc. if you become aware of a potential breach of
security, such as the unauthorized disclosure or use of your GGE user name or
password.
3. Charges and Billing
3.1
You agree to pay all
charges for your use of GGE at the prices then in effect including any charges
for optional, installation and premium services (e.g. DSL service, ISDN
service, concurrent connectivity, billable nationwide access, etc.). Certain
services may require the payment of additional fees (including, without
limitation, set-up, repair, additional equipment, missed appointment, line
maintenance, upgrade and repair, reactivation, transfer and relocation) and you
agree to pay such fees at the prices then in effect as specified for such service
to either GGE Computer Systems, Inc. or its designated service provider. You
agree that GGE Computer Systems, Inc. may pass your credit card information to
its designated service provider of such additional services for their use in
charging you for appropriate services rendered. Certain GGE promotions or plans
may require termination or cancellation charges. You agree to pay all such
termination or cancellation charges as specified in the materials describing
such promotions and plans. All GGE charges are exclusive of sales or other
taxes. GGE charges, if applicable, will be subject to sales or other taxes as
appropriate. GGE Computer Systems, Inc. reserves the right to modify or
terminate subscription plans, change prices, or institute new charges for GGE
at any time with at least thirty (30) days' notice to Subscribers. You may
terminate your subscription, as specified in the GGE Help & Support area.
However, you are responsible for all charges submitted prior to the termination
of your account whether by you or by GGE.
3.2
It is possible the GGE
access number you program your modem to use to connect to GGE may be a
telephone number that results in additional or long distance charges being
billed to you by a third party even if such number was presented by GGE as an
appropriate access number for your area.
You are solely
responsible for determining whether the access number you use is subject to any
additional charges. It is your responsibility to contact your telephone company
to determine whether the access number you select is subject to additional
charges. You agree to pay any charges you incur by using a long distance
telephone number to connect to GGE, including those that may be billed to you
by a third party. GGE Computer Systems, Inc. will not reimburse you for any
charges incurred by you as a result of selecting an access number that is
subject to additional and/or long distance charges.
3.3
You also agree to pay
any additional GGE charges you incur if you connect to GGE through a GGE
telephone number while you are in a country that is not the country associated
with your GGE account (hereinafter referred to as "Roaming Charges").
Roaming Charges are in addition to any long distance telephone charges you may
incur when connecting to GGE from another country. Please check the FAQ in the
Member Services area online to view the current rates for GGE Roaming Charges.
3.4 All periodic
charges (that is, monthly, quarterly, annually, and so forth) or charges for
prepaid plans are to be paid in advance, or at the time billed by GGE, as
specified for the GGE plan you elect and are non-refundable. You agree to pay
for all optional and premium services you elect to receive which are not
included in your periodic charges or prepaid plan charges. You agree to pay all
amounts due upon demand by GGE Computer Systems, Inc.. Your non-termination or
continued use of GGE reaffirms that GGE Computer Systems, Inc. is authorized to
charge your account as specified by you (your "Designated Account").
You agree that GGE Computer Systems, Inc. may (at its option) accumulate
charges incurred and submit them as one or more aggregate charges and that GGE
Computer Systems, Inc. may delay obtaining authorization from your Designated
Account issuer until submission of the accumulated charge(s). This means that
accumulated charges may appear on the statement you receive from your
designated account issuer. You agree that if you want to see the components of
accumulated charges, you will review your online statement. You agree to pay
all costs incurred in the collection of any delinquent fees due under this
Agreement or the enforcement of this Agreement, including attorney fees.
3.5
You agree that GGE
Computer Systems, Inc. may submit charges for your use of connect time in
excess of that provided as part of the GGE subscription plan you select without
further authorization from you until you provide prior notice that you are
terminating this authorization or wish to change your GGE subscription plan.
Such notice will not affect charges submitted before GGE Computer Systems, Inc.
reasonably could act on your notice.
3.6
You must promptly
notify GGE Computer Systems, Inc. of changes to: (a) the account number,
status, or expiration date of your Designated Account; and (b) your billing
address.
3.7
YOU WILL INCUR
ADDITIONAL CHARGES IF YOUR USAGE OF GGE EXCEEDS THE NUMBER OF HOURS COVERED BY
YOUR APPLICABLE SUBSCRIPTION. YOU MAY ALSO INCUR CHARGES LEVIED BY YOUR LOCAL
OR LONG DISTANCE TELEPHONE COMPANY TO ACCESS GGE FOR WHICH YOU ARE RESPONSIBLE.
3.8
Without limiting
anything else in this Agreement, GGE Computer Systems, Inc. reserves the right
to suspend or terminate your GGE subscription without notice upon rejection of
any charges or if your account issuer (or its agent or affiliate) seeks return
of payments previously made to GGE Computer Systems, Inc. when GGE Computer
Systems, Inc. in good faith believes you are liable for the charge. Such rights
are in addition to and not in lieu of any other legal rights or remedies
available to GGE Computer Systems, Inc.. You agree to pay a late charge to GGE
Computer Systems, Inc. on all amounts due but not timely paid. The late charge
will be one and one-half percent (1 ½%) (which equals
eighteen per cent (18%) per annum) on the total amount due but not paid; but if
such rate is in excess of any allowable rate, the late charge will be the
maximum rate allowed by law. The late charge will be imposed until all of the
overdue amounts are paid, but no late charge will be charged on other late
charges. GGE Computer Systems, Inc. reserves the right to refer your GGE
account to a third party for collection in the event of default and you agree to
pay all costs incurred in the collection of any delinquent fees.
3.9
GGE Subscribers must
contact GGE Customer Service directly to cancel their existing GGE accounts.
4. Operation
GGE Computer Systems,
Inc. reserves complete and sole discretion with respect to the operation of
GGE. GGE Computer Systems, Inc. may, among other things: (a) take any action
(legal and/or technical) that GGE Computer Systems, Inc. deems appropriate to
prevent bulk e-mail from entering or leaving any GGE e-mail account; (b) delete
e-mail if it has not been accessed by you within a time established by GGE
Computer Systems, Inc. from time to time, in its sole discretion; (c) not
process e-mail or instant messages due to space limitations; (d) subject to the
GGE Internet Access Privacy Statement, make available to third parties
information relating to GGE and its subscribers and members; (e) automatically
log off any accounts that are inactive for an extended period of time, as
determined by GGE Computer Systems, Inc.; and, (f) withdraw, suspend, change,
or discontinue any functionality or feature of GGE. The amount of e-mail
message storage space per member may be limited, therefore some e-mail messages
may not be processed due to space constraints. You agree that GGE Computer
Systems, Inc. is not responsible or liable for the loss, deletion or failure to
store or accept messages or other information.
5. Links To Third Party Sites
THE LINKS INCLUDED
WITHIN GGE AND/OR ITS RELATED WEB SITES MAY LET YOU LEAVE GGE AND VISIT THIRD
PARTY SITES ("LINKED SITES"). THE LINKED SITES ARE NOT UNDER THE
CONTROL OF GGE COMPUTER SYSTEMS, INC. AND GGE COMPUTER SYSTEMS, INC. IS NOT
RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A
LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. GGE COMPUTER SYSTEMS,
INC. IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION
RECEIVED FROM ANY LINKED SITE. GGE COMPUTER SYSTEMS, INC. IS PROVIDING THESE
LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT
IMPLY ENDORSEMENT BY GGE COMPUTER SYSTEMS, INC. OF THE SITE OR ANY ASSOCIATION
WITH THEIR OPERATORS. YOU ARE RESPONSIBLE FOR VIEWING AND ABIDING BY THE PRIVACY
STATEMENTS AND TERMS OF USE POSTED AT THE LINKED SITES.
ANY DEALINGS WITH THIRD
PARTIES (INCLUDING ADVERTISERS) INCLUDED WITHIN GGE OR PARTICIPATION IN
PROMOTIONS, INCLUDING THE PURCHASE OF, DELIVERY OF AND THE PAYMENT FOR GOODS
AND SERVICES, AND ANY OTHER TERMS, CONDITIONS, WARRANTIES OR REPRESENTATIONS
ASSOCIATED WITH SUCH DEALINGS OR PROMOTIONS, ARE SOLELY BETWEEN YOU AND THE
ADVERTISER OR OTHER THIRD PARTY. GGE COMPUTER SYSTEMS, INC. SHALL NOT BE
RESPONSIBLE OR LIABLE FOR ANY PART OF ANY SUCH DEALINGS OR PROMOTIONS.
6.
Installation/Equipment
You acknowledge and
agree that GGE Computer Systems, Inc. or its designated service provider may be
required to access your premises and/or computer in order to install or repair
the components necessary for you to access certain services, this may include
opening your computer to install, repair or replace equipment and/or installing
software on your computer or in your location. By accepting the Agreement you
are hereby authorizing GGE Computer Systems, Inc. or its designated service
providers to access your premises and your computer for the purpose of
installing, repairing or replacing the components needed to access such
services and to work with your telephone provider, if necessary, to make such
service available through your designated telephone number.
You are solely
responsible for ensuring that all information and software embodied on your
computer is stored or backed up appropriately as necessary, GGE Computer
Systems, Inc. and its designated service providers shall have no liability
whatsoever for any loss of software, data or other information from your
computer or for any modifications made to your computer system including
modifications or deletion of files.
7.
Disclaimers/Limitation Of Liability.
You specifically agree
that GGE Computer Systems, Inc. shall not be responsible for unauthorized
access to or alteration of your transmissions or data, any material or data
sent or received or not sent or received, or any transactions entered into
through or using GGE. You specifically agree that GGE Computer Systems, Inc. is
not responsible or liable for any act or omission of any third party including
but not limited to any threatening, defamatory, obscene, offensive, or illegal
content or conduct of any other party or any infringement of another's rights,
including intellectual property rights. You specifically agree that GGE
Computer Systems, Inc. is not responsible for any content sent using and/or
included in GGE by you or any third party.
YOUR USE OF GGE, ALL GGE SOFTWARE, EQUIPMENT OR
SOFTWARE PROVIDED BY GGE OR ITS DESIGNATED SERVICE PROVIDERS, AND GGE SERVICES
(INCLUDING INSTALLATION SERVICES) IS AT YOUR OWN RISK. GGE COMPUTER SYSTEMS,
INC., ITS RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND/OR SUPPLIERS MAKE NO
REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, USABILITY, AVAILABILITY,
TIMELINESS, AND ACCURACY OF GGE FOR ANY PURPOSE. GGE AND ALL RELATED EQUIPMENT,
SOFTWARE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE"
WITHOUT WARRANTY OF ANY KIND. GGE COMPUTER SYSTEMS, INC., ITS RESELLERS,
DISTRIBUTORS, SERVICE PROVIDERS AND/OR SUPPLIERS DO NOT WARRANT THAT ACCESS TO
OR USE OF GGE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT MEMBERS WILL BE ABLE TO
ACCESS GGE AT ANY TIME OR IN ANY GEOGRAPHIC AREA, OR THAT GGE, GGE SOFTWARE,
SERVICES OR RELATED EQUIPMENT WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE
OR QUALITY. GGE COMPUTER SYSTEMS, INC., ITS RESELLERS, DISTRIBUTORS, SERVICE
PROVIDERS AND/OR SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH
REGARD TO GGE AND ALL RELATED SERVICES, SOFTWARE AND EQUIPMENT, INCLUDING
WITHOUT LIMITATION, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A
PARTICULAR PURPOSE, OF ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, OF
WORKMANLIKE EFFORT, OF LACK OF VIRUSES, AND OF LACK OF NEGLIGENCE AND THE
PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, TITLE, AND
NON-INFRINGEMENT.
IN NO EVENT SHALL GGE
COMPUTER SYSTEMS, INC., ITS RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND/OR
SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR
CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY
WAY CONNECTED WITH THE USE OR PERFORMANCE OF GGE, ANY GGE SOFTWARE, GGE
SERVICES (INCLUDING INSTALLATION SERVICES), RELATED EQUIPMENT OR RELATED WEB
SITES, WITH THE DELAY OR INABILITY TO USE GGE, ANY GGE SOFTWARE, RELATED
EQUIPMENT OR RELATED WEB SITES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES
(INCLUDING INSTALLATION SERVICES), LOST, DAMAGED, OR DESTROYED E-MAIL OR THE
FAILURE TO DELIVER ANY E-MAIL, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS OBTAINED THROUGH GGE, OR OTHERWISE ARISING OUT OF
THE USE OF GGE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY
OR OTHERWISE, EVEN IF GGE COMPUTER SYSTEMS, INC. OR ANY OF ITS SUPPLIERS HAS
BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. GGE COMPUTER SYSTEMS, INC.'S
LIABILITY TO YOU FOR BREACH OF THIS AGREEMENT IS LIMITED TO THE AMOUNT ACTUALLY
PAID BY YOU TO GGE COMPUTER SYSTEMS, INC. FOR ACCESS TO AND USE OF GGE. YOU
HEREBY RELEASE GGE COMPUTER SYSTEMS, INC. FROM ANY AND ALL OBLIGATIONS,
LIABILITIES, AND CLAIMS IN EXCESS OF THIS LIMITATION. BECAUSE SOME STATES/JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE
DISSATISFIED WITH ANY PORTION OF GGE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO NOT SIGN UP FOR AN GGE
ACCOUNT OR TO TERMINATE YOUR GGE ACCOUNT.
8. Indemnification
You agree to indemnify
and hold GGE Computer Systems, Inc., its parents, subsidiaries, members,
affiliates, officers and employees, harmless from any claim, demand, or damage,
including costs and reasonable attorneys' fees, asserted by any third party due
to or arising out of your use of or conduct on GGE. GGE Computer Systems, Inc.
will notify you within a reasonable period of time of any claim for which GGE
Computer Systems, Inc. seeks indemnification and will afford you the
opportunity to participate in the defense of such claim, provided that your
participation will not be conducted in a manner prejudicial to GGE Computer
Systems, Inc.'s interests, as reasonably determined by GGE Computer Systems,
Inc..
9. Notices; Consent
Notices given by GGE
Computer Systems, Inc. to you may be given by e-mail via GGE, by a general
posting on GGE, or by postal mail. Notices given by you to GGE Computer
Systems, Inc. must be given by e-mail via GGE and addressed as set forth in GGE's web page, or by postal mail. Notices to GGE by postal
mail must be sent to GGE Computer Systems, Inc., Attention:
10. No
"Spam"; Damages
GGE Computer Systems,
Inc. may immediately terminate any subscriber account that it determines, in
its sole discretion, is transmitting or is otherwise connected with any
"spam" or other unsolicited bulk e-mail. In addition, because damages
are often difficult to quantify, if actual damages cannot be reasonably
calculated, you agree to pay GGE Computer Systems, Inc. liquidated damages of
five dollars (U.S. $5.00) for each piece of "spam" or unsolicited
bulk e-mail transmitted from or otherwise connected with your account.
Otherwise you agree to pay GGE Computer Systems, Inc.'s actual damages, to the
extent such actual damages can be reasonably calculated. You agree that GGE
Computer Systems, Inc. may charge such damages to your Designated Account as
specified by you for payment of GGE charges.
11. General
11.1
Except where prohibited
by applicable law, this Agreement is governed by the laws of the State of
11.2
You acknowledge that no
joint venture, partnership, employment, or agency relationship exists between
you and GGE Computer Systems, Inc. as a result of your use of GGE or your GGE
subscription. You agree not to represent yourself to be a representative,
agent, or employee of GGE Computer Systems, Inc., and that GGE Computer
Systems, Inc. will not be liable by reason of any representation, act or
omission to act by you.
11.3
GGE Computer Systems,
Inc. reserves the right to disclose any personal information about you or your
use of GGE, without your prior permission, if GGE Computer Systems, Inc. has a
good faith belief that such action is necessary to: (1) comply with governmental,
court and law enforcement requests or requirements; (2) protect and defend the
rights or property of GGE Computer Systems, Inc. or its affiliated companies;
(3) enforce this Agreement; or (4) act to protect the interests of its
subscribers, members or others.
GGE Computer Systems,
Inc.'s performance of this Agreement is subject to existing laws and legal
process, and nothing contained in this Agreement is in derogation of GGE
Computer Systems, Inc.'s right to comply with governmental, court and law enforcement
requests or requirements relating to your use of GGE or information provided to
or gathered by GGE Computer Systems, Inc. with respect to such use.
11.4
This Agreement
constitutes the entire agreement between GGE Computer Systems, Inc. and you
with respect to your use of GGE and your GGE subscription (excluding the use of
any software which may be subject to an end-user license agreement), and it
supersedes all prior or contemporaneous communications and proposals, whether
oral or written, between GGE Computer Systems, Inc. and you with respect to
GGE.
11.5
GGE Computer Systems,
Inc. may assign this Agreement, in whole or in part, at
any time with or without notice to you. You
may not assign this Agreement.
11.6
A printed version of
this Agreement and of any notice given in electronic form shall be admissible
in judicial or administrative proceedings based upon or relating to this
Agreement to the same extent and subject to the same conditions as other
business documents and records originally generated and maintained in printed
form. You and GGE Computer Systems, Inc. agree that any cause of action arising
out of or related to GGE must commence within one (1) year after the cause of
action arises; otherwise, such cause of action is permanently barred. The
section titles in the Agreement are solely used for the convenience of the
parties and have no legal or contractual significance.
COPYRIGHT AND TRADEMARK
NOTICES: All contents of GGE are Copyright © 2001 GGE Computer Systems, Inc.
Houston, TX 77057
TRADEMARKS.
GGE Computer Systems,
Inc., GGE, and/or other GGE Computer Systems, Inc. products and services
referenced herein are either trademarks or registered trademarks of GGE
Computer Systems, Inc. The names of actual companies and products mentioned
herein may be the trademarks of their respective owners.
The example companies,
organizations, products, people and events depicted herein are fictitious. No
association with any real company, organization, product, person, or event is
intended or should be inferred.
Any rights not
expressly granted herein are reserved.
___________________________ ___________________________
GGE Computer Systems, Inc.
GGE Internet Subscriber.