Date: Thu, 21 Aug 1997 12:15:56 -0700 (PDT)
From: Nicholas Merrill <email@example.com>
To: Multiple recipients of list <firstname.lastname@example.org>
Subject: LEGAL NOTICE: READ IMMEDIATELY
Please do not be disturbed by the following legal agreement.
It is only here for our protection. This has been added to the "welcome"
file people get when they sign on to the list unfortunately. It's too
bad a few mis-directed rebels had to bring us to this place.
Calyx Internet Access Corporation, henceforth referred to as "Calyx",
offers Internet access and related services, including the hosting of Web
Sites, and Electronic Mail Lists through its system to its subscribers.
Calyx does not and cannot control the content, quality or accuracy of
information available through its system or over the Internet in general.
These Terms of Service set forth the basic rules which apply to Calyx's
services and use of its system. Calyx may change these Terms of Service in
the future upon notice published on-line or otherwise provided by Calyx.
BY USING CALYX'S SERVICES AND SYSTEM, A SUBSCRIBER AGREES TO COMPLY WITH
AND TO BE LEGALLY BOUND BY THE TERMS OF SERVICE AS PUBLISHED ONLINE OR
OTHERWISE AVAILABLE FROM CALYX FROM TIME TO TIME. If the Terms of Service,
Calyx's services, system, or pricing is or becomes unacceptable to a
subscriber, the subscriber's only right shall be to terminate its account
in accordance with the Section labeled "Termination and Suspension" below.
Calyx's system and services may only be used for lawful purposes and in a
manner which Calyx believes, in its sole discretion, to be consistent with
the rights of other Calyx subscribers and third parties. While Calyx is
not responsible for the content of hosted Web Sites, content on all Calyx
hosted Web Sites must comply with all laws and must not infringe the
rights of any third party. Calyx's services and system may only be used
for lawful purposes and consistent with all rights of other parties.
Without limiting the foregoing, Calyx's services and system shall not be
used in a manner which would violate any law or infringe any copyright,
trademark, trade secret, right of publicity, privacy right or any other
right of any person or entity or for the purpose of transmitting or
storing of material which is obscene, libelous or defamatory. Use and
access to other networks through Calyx's system must comply with the rules
for such other networks.
Termination and Suspension
Either subscriber or Calyx may, at its sole discretion, terminate the
subscriber's account at any time with or without reason. Calyx also may,
at its sole discretion, suspend a subscriber's account at any time with or
without reason. TERMINATION OR SUSPENSION DOES NOT RELEASE LIABILITY.
Calyx may delete all data, files or other information that is stored in
subscriber's account upon termination. Provisions set forth below in the
sections entitled "No Warranty; Limitation of Liability" and "Indemnity"
shall survive termination.
No Warranty; Limitation of Liability
USE OF CALYX'S SERVICES AND SYSTEM AND THE INTERNET IN GENERAL IS AT
USER'S SOLE RISK. CALYX DOES NOT WARRANT THAT ITS SERVICES AND SYSTEM WILL
BE UNINTERRUPTED, ERROR FREE, FREE FROM UNAUTHORIZED INTRUSION, OR THAT
CALYX'S SERVICES OR SYSTEM WILL MEET ANY PARTICULAR CRITERIA OF
PERFORMANCE OR QUALITY; NOR DOES CALYX MAKE ANY WARRANTY AS TO THE RESULTS
OR INFORMATION OBTAINED FROM USE OF ITS SERVICE OR SYSTEM OR THE INTERNET
IN GENERAL. CALYX'S SERVICES AND SYSTEM ARE PROVIDED ON AN "AS IS," "AS
AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR
IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, COMPATIBILITY, SECURITY OR ACCURACY, ALL OF WHICH
WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED EXCEPT TO THE EXTENT ANY
WARRANTY CANNOT BE DISCLAIMED UNDER APPLICABLE LAW. UNDER NO CIRCUMSTANCES
SHALL CALYX BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS.
WITHOUT LIMITING THE FOREGOING, CALYX WILL NOT BE LIABLE FOR DAMAGES
RESULTING FROM THE USE OR INABILITY TO USE ALL OR ANY PART OF CALYX'S
SYSTEM OR SERVICES, RELIANCE BY ANY PERSON ON INFORMATION OBTAINED THROUGH
CALYX'S SERVICE OR THE INTERNET, DELETION OR LOSS OF FILES OR E-MAIL,
VIRUSES, ANY DELAY OR FAILURE OF PERFORMANCE, OR UNAUTHORIZED ACCESS TO
RECORDS OR FILES. THE MAXIMUM LIABILITY OF CALYX TO ANY SUBSCRIBER OR USER
FOR ANY AND ALL LOSS, CLAIM, DAMAGE OR LIABILITY OF ANY KIND, INCLUDING
DUE TO CALYX'S NEGLIGENCE, SHALL BE LIMITED TO THE AMOUNT PAID BY THE
SUBSCRIBER OR USER TO CALYX DURING THE SIX MONTH PERIOD PRECEDING THE
CLAIM. SOME JURISDICTIONS DO NOT ALLOW IMPLIED WARRANTIES TO BE EXCLUDED
OR MODIFIED OR LIABILITY TO BE LIMITED, SO NOT ALL OF THE ABOVE
LIMITATIONS MAY APPLY TO EVERY SUBSCRIBER.
The subscriber agrees to indemnify and hold harmless Calyx, its directors,
officers, shareholders, agents, employees and its other subscribers from
any and all claims, liabilities, damages, or expenses, including attorney
fees, arising out of or resulting from any and all use of subscriber's
account or the subscriber's Web Site whether or not authorized.
Calyx treats E-mail messages as private. Exceptions are those permitted by
law, including under the Electronic Communications Privacy Act of 1986
(the "ECPA"). The ECPA permits Calyx limited ability to intercept and/or
disclose electronic messages, including, for example (i) as necessary to
operate the system or protect Calyx's rights or property, (ii) upon legal
demand (court orders, warrants, subpoenas) or (iii) where Calyx receives
information inadvertently which appears to pertain to the commission of a
crime. Users should be aware that electronic messages may be intercepted
lawfully or unlawfully outside of Calyx's system. In addition, although
Calyx has implemented certain security measures, Calyx cannot guaranty
that its system or stored data of a subscriber will be free from
unauthorized intrusion or otherwise guaranty the privacy of information of
These Terms of Service supersede all other written and oral communications
or agreements with regard to the subject matter. A waiver or modification
of these Terms of Service shall only be effective if in a writing signed
by an authorized officer of Calyx. These Terms of Service shall be
governed by and interpreted in accordance with the laws of the State of
New York without regard to choice of law principles. If any provision of
these terms and conditions is found to be unenforceable or invalid, the
remaining provisions shall be enforceable and valid to the greatest extent
permitted by law.
Nicholas Merrill 24 Hour pager: 917-381-0500 Voice: 212-292-7325
President / CEO http://www.calyx.net Fax : 212-292-7313
Calyx Internet Access 271 E. 10th St. #100 NYC 10009 Email: email@example.com