"C-ByteDirect"
TERMS AND CONDITIONS FOR "C-BYTEDIRECT™"

Customer agrees that the person using "C-ByteDirect™" is authorized to submit electronic orders on behalf of Customer.

Customer and C-Byte agree that an order placed through "C-ByteDirect™" is the equivalent of a signed purchase order.

Customer agrees to waive any challenge to the validity and enforceability of any order submitted via "C-ByteDirect™" on the grounds that it was electronically transmitted and authorized.

C-Byte reserves the right to accept or decline any purchase order submitted via "C-ByteDirect™ " and no purchase order is binding until accepted by C-Byte.

Prices are subject to change without notice or obligation and products are subject to availability.

All orders are subject to credit approval.

Unless C-Byte and Customer have previously entered into another agreement regarding the purchase and license of C-Byte products ("Existing Agreement"), all customers will be required to sign C-Byte's Purchase and License Agreement. All orders placed through "C-ByteDirect" shall be subject to the terms and condition of such Purchase and License Agreement or the applicable Existing Agreement.

Customer shall be responsible for all applicable taxes, shipping, handling, and insurance charges.

THE PARTIES AGREE THAT C-BYTE SHALL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES ARISING FROM, OR AS A RESULT OF, THE ELECTRONIC TRANSMISSION OF ORDERS OR OTHER INFORMATION EVEN IF C-BYTE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

C-Byte's Y2K Statement

General Terms and Conditions:
1. All information at "C-ByteDirect™" is copyrighted unless otherwise noted and may not be used except as provided in these Terms and Conditions or in the text at "C-ByteDirect™" without the prior written permission of C-Byte. C-Byte neither warrants nor represents that your use of materials displayed at "C-ByteDirect™" will not infringe any property rights of third parties not owned by or affiliated with C-Byte.
2. While C-Byte uses reasonable efforts to include accurate and up-to-date information at "C-ByteDirect™", C-Byte makes no warranties or representations as to its accuracy. C-Byte assumes no liability or responsibility for any errors or omissions in the contents of "C-ByteDirect™".
3. Your use and browsing of "C-ByteDirect™" is at your own risk. C-Byte is not liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to, or use of, "C-ByteDirect™". Without limiting the foregoing, all information and materials at "C-ByteDirect™" are provided "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. In addition, C-Byte assumes no responsibility and shall be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to or use of "C-ByteDirect™".


Acceptable Use Policy:
    The C-Byte acceptable service use policy (AUP) focuses on a responsible use of the Internet and its resources, and avoiding practices which degrade the usability of the network for all Internet users.

C-Byte voluntarily supports the Canadian Association of Internet Providers (CAIP) Code of Conduct (see http://www.caip.ca/issues/selfreg/code-of-conduct/code.htm) for acceptable practices as a commercial supplier of Internet services.

While the actual policy is stated below in full, the key themes can be summarized as follows. The full policy must be reviewed to understand the acceptable use terms.

  • C-Byte Internet services must be used for lawful purposes only.
  • Customers shall not transmit, copyright material without consent of the copyright owner, material legally judged to be threatening or obscene; third party material protected by trade secret
  • The Customer agrees to not, through its own operations, cause disturbances, outages or other problems which may affect C-Byte network or network based equipment, or which may adversely affect C-Byte's ability to provide services.
  • C-Byte reserves the right to, at its sole determination and without notice, remove any material or data and to block the use of the network for one or more users when their use or purpose does not meet the AUP.

For purposes of this AUP, a "customer" is defined to include the organization with which C-Byte has a service agreement or contract. A "customer" shall also be responsible for the Internet services use of any subsidiaries, affiliates, partners, suppliers, and otherwise clients that directly or indirectly utilize C-Byte services provided to the customer.

The Customer may only use C-Byte services for lawful purposes. The use of the C-Byte network or systems in violation of any Canadian or International legislation or regulation is prohibited. This includes, but is not limited to, transmission of copyright material without consent of the copyright owner, material legally judged to be threatening offensive, or obscene, and third party material protected by trade secret, whether or not the Customer was aware of the content of the material or of the relevant law. C-Byte will fully co-operate with investigations of suspected criminal violations, violation of systems or network security under the leadership of law enforcement authorities.

The Customer will indemnify and hold C-Byte harmless from any claim brought by third parties alleging the use of C-Byte services by the Customer has infringed any applicable Canadian or international legislation or regulation. The Customer shall defend and pay all costs, damages, awards, fees (including reasonable legal fees) and judgements finally awarded against C-Byte arising from such claims. The Customer shall give C-Byte notice of any claim the Customer is involved with or aware of. C-Byte will cooperate with other online and Internet service providers to discourage and resist abuses of acceptable use policies. C-Byte reserves the right to take corrective action upon notification to C-Byte of unacceptable use by the Customer on other networks. C-Byte reserves the right to, at its discretion and without notice, remove any material or data and to block the use of the network for one or more users when their use or purpose does not meet the AUP.

The Customer may not circumvent user authentication or security of any host, network, or account (referred to as "cracking" or "hacking"), nor interfere with service to any user, host, or network (referred to as "denial of service attacks"). Customers are forbidden to send e-mail to any person who does not wish to receive it. It is explicitly prohibited to send unsolicited bulk email messages ("junk mail" or "spam") or any kind (commercial advertising, political tracts, announcements, etc.) or to post the same or similar messages to large numbers of newsgroups (excessive cross-posting or multiple-posting, also know as "USENET spam"). Customers caught spamming on C-Byte's network, or who persist in the mass distribution of unsolicited e-mail messages, will be dealt with immediately under a zero tolerance policy.

The C-Byte services may be used by the Customer to link into other networks worldwide and the Customer agrees to conform to the acceptable use policies of these networks. The Customer agrees to not, through its own operations, cause distrubances, outages or other problems which may affect C-Byte's network or network based equipment, or which may adversly affect C-Byte's ability to provide services.

C-Byte reserves the right to, at its discretion and without notice, automatically filter, disconnect and/or deny access to any C-Byte customer who violates this policy. This remedy shall also be applied when the Customer has engaged in any of the foregoing activities by using the service of another provider, but channeling such activities through a C-Byte account, remailer, or otherwise through a C-Byte service or using an C-Byte account as a maildrop for responses or otherwise using the services of another provider for the purpose of facilitating the foregoing activities if such use of another party's service could reasonably be expected to adversly affect a C-Byte service. C-Byte reserves the right, where feasible, to implement technical mechanisms which block multiple postings as described above before they are forwarded or otherwise sent to their intended recipients.

Nothing contained in this policy shall be construed to limit C-Byte's actions or remedies in any way with respect to any of the foregoing activities, and C-Byte reserves the right to take any and all additional actions it may deem appropriate with respect to such activities, including without limitations taking action to recover the costs and expenses of identifying offenders and removing them from the C-Byte service, and levying cancellation charges to cover C-Byte costs in the event of disconnection of dedicated access for the causes outlined above. In addition, C-Byte reserves at all times the rights and remedies available to it with respect to such activities at law or in equity.

The AUP is subject to change. If you have any questions regarding the C-Byte acceptable service use policy, please contact info@c-byte.com To report a suspected breach of the C-Byte acceptable service use policy, please contact abuse@c-byte.com



Software Disclaimer:
    Software supplied by C-Byte to the customer is on an as-is basis. The customer is responsible for installing and supporting the software. C-Byte does not warrant that the software supplied to the customer shall be error free or that the software shall satisfy the customer's own specific requirements. In no event will C-Byte be liable for any indirect, incidental, special, or consequential damages, or loss of profits, revenue, data or use, by customer even if C-Byte has been advised of the possiblity of such damages.


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