Service - Any means of identification assigned to you by Neuroscape Communications in order for you to use the service is and will remain the property of Neuroscape Communications. At Neuroscape Communications's sole discretion, this identification may be altered or replaced at any time (these means of identification include, but are not limited to, account user-names and email addresses) except for registered Domain Names paid for by the customer. Neuroscape Communications makes no guarantees as to the continuous availability of the service or any specific feature of the service. Neuroscape Communications reserves the right to change the service at any time with or without notice. Features of the service which are subject to change include, but are not limited to, access procedures, commands, documentation, hours of operation, menu structures, and pricing. Service is subject to interruption or limitation due to factors such as government regulations or limitations, restrictions by Neuroscape Communications, network capacity limitations, installation, repair or modification to the network, limitations of your phone company, limitations of Local Exchange Carriers (LEC), Neuroscape Communications's efforts to combat fraudulent use, and other legitimate business and operations reasons. It is the Customer's responsibility to backup information, web sites, email and any other related digital media stored on Neuroscape Communications servers by the Customer. Neuroscape Communications does not guarantee the integrity of any data stored on Neuroscape Communications equipment.
Limitation of Liability - Neuroscape Communications shall not be liable to
Customer for interruptions of service, loss of data, omissions or errors of third parties, equipment failures, acts of God, strikes, government actions, or other causes beyond Neuroscape Communications's reasonable control. Neuroscape Communications shall not be liable if changes in operations, procedures, or services require modification or alteration of Customer's equipment or render Customer's equipment obsolete. There shall be no reductions, set-offs, or credits against the charges for service down-time or interruption of service, except as specified under the current 99% guaranteed for Full Domain Hosting. Neuroscape Communications shall give no credit for circumstances caused by negligence or intentional acts or willful misconduct of Customer. In no event shall Neuroscape Communications be liable to customer for incidental, consequential, or punitive damages, including, but not limited to, lost profits, loss of use, or loss of business opportunity. Neuroscape Communications shall not be liable for injury to customer, other persons, or property damage through the use of any equipment or service provided under this Agreement. Customer agrees to indemnify and hold harmless Neuroscape Communications from any claims resulting from customers use of the service which causes direct or indirect damage to the account holder or any other party. Customer agrees to indemnify and hold harmless Neuroscape Communications from any and all lawsuits, judgments, decrees, costs and expenses, any attorney fees arising from the subscribers use of the services provided by Neuroscape Communications. Customer agrees to reimburse Neuroscape Communications for any and all costs and reasonable attorneys' fees incurred by Neuroscape Communications in defending any claims relating to Customer's misuse or service.
Non-Waiver - Failure of either party of this Agreement to enforce any right shall not constitute a waiver of such right or of any other right, whether of a similar or dissimilar nature, and shall not prohibit the exercise of the same right at a future date.
No Warranties provided by Neuroscape Communications - Except for certain products and services specifically identified as being offered by Neuroscape Communications, neither Neuroscape Communications nor any of its affiliates, controls any information, products or services on the Internet. Except for such Neuroscape Communications-identified content, all merchandise, information and services offered, made available, or accessible on the Internet are by third parties who are not affiliated with Neuroscape Communications or its affiliates. Customer assumes total responsibility and risk for use of the service and the Internet by customer or authorized users on customer's account. Neither Neuroscape Communications nor its affiliates make any express or implied warranties, representations, or endorsements including, but not limited to, warranties of title, non-infringement, implied warranties of merchantability or fitness for a particular purpose regarding any merchandise, information or service provided through any Neuroscape Communications service or through the Internet generally. Neither Neuroscape Communications nor its affiliates shall be liable for any costs or damage arising directly or indirectly from any such transaction. It is solely the customer's responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services and other information and the quality and merchantability of all merchandise provided through the service or on the Internet generally. The Internet contains unedited materials, some of which are sexually explicit or may be offensive to customer or others. Neuroscape Communications has no control over and accepts no responsibility for such materials. The service is provided on an as-is and as-available basis without warranties of any kind, either express or implied, including but not limited to, warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by Neuroscape Communications, its affiliates, or its contractors and their respective employees shall create a warranty. Neither Neuroscape Communications nor its affiliates warrants that the service will be uninterrupted or error-free or that any information, software, or other material accessible on the service is free of viruses, worms, Trojan horses, or other harmful components. Free of charge Software is provided on an "AS IS" basis, without warranty of any kind, including without limitation the warranties of merchantability, fitness for a particular purpose and non-infringement. The entire risk as to the quality and performance of the Software is borne by the customer. Should the Software prove defective, you and not Neuroscape Communications, assume the entire cost of any service and repair.