|
|
|
|
|
Terms and Conditions:
Vinteleport provides Internet Service
(Service) subject to your compliance with the terms and conditions below. Please read this
agreement carefully before accessing the service. By accessing the Service, you agree to
be bound with the terms and conditions below. If you do not wish to be bound with these
terms and conditions, you may not access or use the Service.
1. Use of Service and the Internet
You understand that you may access both the Service and the Internet in general through
the Service. You understand further that, except of information, products or services
clearly identified as being supplied by Vinteleport, Vinteleport operates or
controls any information, products or services on the Internet in any way and that, except
of such Vinteleport-identified information, products or services, all merchandise,
information and services offered or made available or accessible through the Internet are
offered or made available or accessible by third parties who are not affiliated with
Vinteleport. You assume total responsibility and risk for your use of the Service and the
Internet. Vinteleport makes any express or implied warranties, representations or
indorsement whatsoever (including without limitations warranties of title or
noninfringement, or the implied warranties of merchantability or fitness for a particular
purpose) with regard to any merchandise, information or service provided through the
Service or on the Internet generally, and they shall not be liable for any cost or damage
arising either directly or indirectly from any such transactions. It is solely your
responsibility to evaluate the accuracy, completeness and usefullness 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. You understand
further that the Internet contains unedited materials some of which are sexually explicit
or may be offensive to you. You access such materials at your own risk. Vinteleport has no
control over and accepts no responsibility whatsoever for such material.
2. No Service Warranties
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, noninfringement or implied warranties of merchantibility or fitness for a
particular purpose. No advice or information given by Vinteleport shall create a warranty.
Vinteleport doesn't warrant 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 harmfull components. Under no circumstances shall
Vinteleport be liable for any direct, indirect, incidental, special, punitive or
consequential damages that result in any way from your use of or inability to use the
service or to access the Internet or any part thereof, or your reliance on or use of
information, services or merchandise provided on or through the Service, or that result
from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in
operation, or transmition, or any failure of perfomance. If you are dissatisfied with the
Service or with any terms, conditions, rules, policies, guidelines, or practices of
Vinteleport in operating the Service, your sole and exclusive remedy is to discontinue
using the Service.
3. Paying for the Service and Making Purchases On the Service.
You agree to pay all charges for using and accessing the Service within 5 (five) working
days following the date of invoice. If the payment due is not received to Vinteleport's
account within 10 (ten) days following the date of invoice, Vinteleport reserves the right
to suspend or terminate the Service. The service for each time period (as put in the bill)
is regarded to be closed on the date when the payment is received by Vinteleport. You have
the right to pay in advance; Vinteleport shall provide information, services or
merchandise through the Service for the amount of such advance payment. The current prices
and charges, applicable to you, are always available in "Personal Study" area of
the Service. Vinteleport may change prices or institute new prices at any time. It is your
responsibility to check the "Personal Study" area regularly to determine whether
the prices have been modified. If you do not agree to any modification of the prices, you
must immediately stop using the Service. Any discounts, privileges and credits in regard
to the Service may not be used twice or accumulated, if not stated otherwise. If you wish
to make purchases on the Service, you may be asked by the merchant or information or
service provider from whom you are making the purchase to supply certain information,
including credit card or other payment mechanism information. You agree that all
information you provide any merchant or information or service provider on the Service for
purposes of making purchases will be accurate, complete and current. The merchants and
information and service providers offering merchandise, information and services on the
Service set their own prices and may change prices or institute new prices at any time.
You agree to pay all charges incurred by users of your account and credit card or other
payment mechanism at the prices in effect when such charges are incurred. You also will be
responsible for paying any applicable taxes relating to the Service usage and purchases on
the Service. All the payments to Vinteleport shall be provided in Hrivnas.
4. User Conduct On the Service.
While using the Service, you may not:
4.1. restrict or inhibit any other user from using and enjoying the Internet (this
includes mailing unsolicited advertising and posting advertising in irrelevant newsgroups
and electronic publications);
4.2. post or transmit any unlawful information of any kind, including without limitation
any transmissions constituting or encouraging conduct that would constitute a criminal
offense, give rise to civil liability, or otherwise violate any local, national or
international law;
4.3. post or transmit any information or software which contains a virus, cancelbot,
trojan horse, worm or other harmful component;
4.4. post, publish, transmit, reproduce, distribute or in any way exploit any information,
software or other material obtained through the Service for commercial purposes (other
than as expressly permitted by the provider of such information, software or other
material);
4.5. upload, post, publish, transmit, reproduce, or distribute in any way, information,
software or other material obtained through the Service which is protected by copyright,
or other proprietary right, or derivative works with respect thereto, without obtaining
permission of the copyright owner or rightholder; or upload, post, publish, reproduce,
transmit or distribute in any way any component of the Service itself or derivative works
with respect thereto, as the Service is copyrighted as a collective work. Vinteleport will
not intentionally monitor or disclose any private electronic-mail message unless required
by law. Vinteleport has no obligation to monitor the Service. However, you agree that
Vinteleport has the right to monitor the Service electronically from time to time and to
disclose any information as necessary to satisfy any law, regulation or other governmental
request, to operate the Service properly, or to protect itself or its subscribers.
Vinteleport reserves the right to refuse to post or to remove any information or
materials, in whole or in part, that, in its sole discretion, are unacceptable,
undesirable, or in violation of this Agreement.
5. Failure to Comply With Terms and Conditions
Vinteleport may deny you access to all or part of the Service without notice if you engage
in any conduct or activities that Vinteleport in its sole discretion believes violates any
of the terms and conditions in this Agreement. If Vinteleport denies you access to the
Service because of such a violation, you shall have no right:
5.1. to access through Vinteleport any materials stored on the Internet;
5.2. to obtain any credit(s) otherwise due to you, and such credit(s) will be forfeited;
5.3. to access third party services, merchandise or information on the Internet through
Vinteleport, and Vinteleport shall have no responsibility to notify any third-party
providers of services, merchandise or information nor any responsibility for any
consequences resulting from lack of notification. You agree to defend, indemnify and hold
Vinteleport and its affiliates harmless from any and all liabilities, costs and expenses,
related to any violation of this agreement by you or authorized users of your account, or
in connection with the use of the Service or the Internet or the placement or transmission
of any message, information, software or other materials on the Internet by you or
authorized users of your account.
6. Miscellaneous.
In the event that any portion of this Agreement is held to be unenforceable, the
unenforceable portion shall be construed in accordance with applicable law as nearly as
possible to reflect the original intentions of the parties and the remainder of the
provisions shall remain in full force and effect. Vinteleport's failure to insist upon or
enforce strict performance of any provision of this Agreement shall not be construed as a
waiver of any provision or right. Neither the course of conduct between parties nor trade
practice shall act to modify any provision of this Agreement. Vinteleport may modify this
Agreement from time to time by placing a notice of such modification in the "Terms
and Conditions" area, and your continued use of the Service following notice of such
modification shall be deemed to be your acceptance of any such modification. It is your
responsibility to check the "Terms and Conditions" area regularly to determine
whether this Agreement has been modified. If you do not agree to any modification of this
Agreement, you must immediately stop using the Service. This Agreement shall be governed
by and construed in accordance with the laws of Ukraine, without regard to its conflicts
of law provisions. Any cause of action you may have with respect to the Service must be
commenced within one (1) year after the claim or cause of action arises or such claim or
cause of action is barred. This Agreement constitutes the entire agreement between you and
Vinteleport with respect to the Service.
© Vinteleport 1996-2001 webmaster@vinnitsa.com