Use of any Rexx Electronic Service indicates that you agree to the terms of this "Subscription Agreement." If you DO NOT agree to these terms and conditions then DO NOT attempt to connect to the Rexx System computer facilities. Your data connection automatically indicates agreement with the following terms and conditions: This agreement and the legal relationship between the Subscriber (you) and the Provider (Rexx Electronic Communications) shall be governed by the laws of the State of California. Any person to whom the Primary subscriber or the Subscriber's agent gives or causes to be given the password for the Subscriber's account shall be deemed to be authorized by the Subscriber to access the Subscriber's account, and Subscriber shall be responsible for that individuals adherence to, and understanding of, the Provider's usage guidelines in this agreement. This shall include employees of a business entity (if the service is being provided to a business of any type), members of the Subscriber's family, or any other individual the Subscriber elects to give such access to. "Domain" as used in this agreement refers to the computers, Networks of computers, and the intellectual boundaries thereof, specifically belonging to and under direct authority of the Provider, and which are chartered for InterNet data transmission and reception under the collective name "rexx.com" by authority of InterNIC registration. The Provider agrees to allow Subscriber to connect to and use Provider's computing facilities and to transmit data over the network via the Provider's connection(s) and domain through an analog telephony connection from the Subscriber's site, and/or to host Subscriber's data on the Provider's computer(s). Subscriber shall pay service fees according to the service plan designated by Subscriber upon start of service, for connection and use of the Provider's computing facilities. Subscription fees are due on the 1st day of each month and are payable in full upon receipt of statement Failure to comply with the payment schedule will result in cancellation or interruption of network and/or computing services. Provider may at any time require a security deposit equal to the average monthly billing for Subscriber's account, including expected usage fees. Failure to deposit such with the Provider may result in cancellation or interruption of network and/or computing service, and deposit of such may be a pre-condition to restoring service(s) which have been interrupted as provided for in paragraph III(3). Due to the nature of electronic communication over the internet, data which crosses the bounds of the Provider's domain may enter other systems, networks, subnetworks, regional or backbone networks, or cross international geographic borders. It is the responsibility of the subscriber to follow the acceptable use rules of the entered network, and the laws governing same. Provider exercises no control whatsoever, and has no authority over the content of the information from these alternate domains which may pass through the data link and/or be temporarily or permanently stored on the Provider's computers after being Received from these alternate domains. Such data is the sole responsibility of the Subscriber. Provider's domain, facilities and services may only be used for lawful purposes. Transmission or reception of any material in violation of any Federal or State regulation is prohibited. This includes, but is not limited to copyrighted material, material which is threatening, obscene, material protected by trade secret, or is export restricted by law or executive decree, or with the intent to commit an act of fraud. You agree to indemnify and hold harmless the Provider and it's directors, affiliates, officers, employees, agents, suppliers and vendors from any claims resulting from your use of the service. The Subscriber shall Indemnify and hold the Provider, its directors, officers, agents, affiliates, vendors and employees harmless from and against any and all damages, liabilities, losses, costs and expenses, including reasonable attorney's fees, arising out of or related to Subscriber's use of the Provider's computing facilities, network linkage, Domain, or by Subscriber's breach of the terms and conditions of any part of this agreement. Resale, Transfer, or sub-lease to a third party of Provider's connect or hosting services is not permitted. Usage as outlined in paragraph I(a) for a business entity's employees while performing duties for or on behalf of the Subscriber, or an Individual's immediate family shall not be prohibited by this paragraph. Software and/or data located either within Provider's Domain in public archives, or in other domains through Provider's network linkage are not covered by this agreement in any way, and Provider exercises no control whatsoever, and has no authority over such programs or data. Use of such Software and data may require separate license agreement(s) which are the sole responsibility of the Subscriber to obtain from the Copyright holder for such Software or data, and in no way involve the Provider. No warranty or guarantee is made by the Provider for any hardware, software, or service supplied under this agreement or within Provider's domain; and No agent, affiliate, officer, or employee of the Provider has authority to make same. Provider herein expressly disclaims any and all express and or implied warranties, including, without limitation, warranties of merchantability, or fitness for a particular purpose. The Provider, it's agents, vendors, affiliates, directors, officers and employees shall not be liable to Subscriber for direct, indirect, incidental, special or consequential damages of any kind whatsoever arising out of or related to the use or inability to use the Provider's hardware, software, services or domain. This agreement is effective upon the Subscriber's first data connection to the Provider's computer(s), computer network(s), and/or submission for hosting of any material upon the Provider's Computer(s); and may be immediately terminated upon written notice by either party. The Provider reserves the right to change the above terms and conditions by notifying the subscriber in writing by either US Postal service or via Electronic Mail at least 30 days before such changes would become effective.
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