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Disclaimer Discount Mac Enterprises Inc., ("Discount Mac Enterprises Inc.") agrees to provide you ("User") with those services ("Service") set forth on the Application subject to User's 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 BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SERVICE. Discount Mac Enterprises Inc. exercises no control whatsoever over the content of the information passing through the Oldmac.com Service. Use of any information obtained via Oldmac.com is at User's risk. Neither Discount Mac Enterprises Inc. nor any of its affiliates, its licensors, its contractors or their respective employees warrant that the Service will be uninterrupted or error free; nor does Discount Mac Enterprises Inc. make any warranty as to the results from use of the Service. 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, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE BETWEEN USERS. NO ADVICE OR INFORMATION GIVEN BY Discount Mac Enterprises Inc., ITS AFFILIATES, ITS LICENSORS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE A WARRANTY. NEITHER Discount Mac Enterprises Inc. NOR ITS AFFILIATES, ITS LICENSORS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES 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, CANCELBOTS, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS. UNDER NO CIRCUMSTANCES SHALL Discount Mac Enterprises Inc., ITS AFFILIATES, ITS LICENSORS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM USER'S USE OF OR INABILITY TO USE THE SERVICE OR TO ACCESS THE INTERNET OR ANY PART THEREOF, OR USER'S 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 TRANSMISSION, ANY FAILURE OF PERFORMANCE, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO ALTERATION OF OR USE OF USER'S ACCOUNT, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION. Notwithstanding anything to the contrary herein contained, User agrees to indemnify and hold Discount Mac Enterprises Inc., its affiliates, its licensors, its contractors or their respective employees harmless against any and all liability, loss, claim, judgement, damage and expense including without limitation attorney's fees and cost of litigation) incurred or suffered by Discount Mac Enterprises Inc., its licensors, its affiliates, its contractors, or their respective employees as the result of any and all use of User's account whether authorized or not authorized or as a result of the negligence, willful misconduct, or breach of any of the terms of this Agreement by User, including but not limited to claims, liabilities, losses, damage, judgment and expense which arise out of alleged injury or death of any person or damage to property of every kind and description. User shall promptly notify Discount Mac Enterprises Inc. in writing of any claim of which it is obligated under this indemnity. User shall have the right to assume the defense of any such claim. User and Discount Mac Enterprises Inc. shall confer as to and agree on the legal counsel(s) to be selected in any such defense. User may not: restrict or inhibit any other user from using and enjoying the Service; post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or otherwise objectionable 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, provincial, national or international law; post or transmit any information or software which contains a virus, cancelbot, trojan horse, worm or other harmful component; post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Service for commercial purposes; 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; upload, post, publish, transmit, reproduce, transmit or distribute in any way any component of the Service itself or derivative works with respect thereto; send unsolicited advertising or promotional materials to other Users; allow users to run Maillist, Listserv or any form of auto-responds from User's account; run or activate processes while User is not logged in; violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that deemed threatening or obscene, or engage in any kind or illegal activity; violate any of the rules, regulations and policies of those networks and computer systems accessed via User's account. be an Apple Authorized Reseller or other related company or employee of such. Discount Mac Enterprises Inc. has no obligation to monitor the Service. However, User agrees that Discount Mac Enterprises Inc. has the right to monitor the Service electronically from time to time and to disclose any information as may be necessary to satisfy any law, regulation or other governmental request, to operate the Service properly, or to protect itself or its subscribers. Discount Mac Enterprises Inc. reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole and absolute discretion, are unacceptable, undesirable, or in violation of this Agreement. Discount Mac Enterprises Inc. reserves the right to suspend access to the Service for User's account. The account's suspension may be rescinded within the sole and absolute discretion of Discount Mac Enterprises Inc. Information transmitted through the Service and the Internet in general is not confidential. Discount Mac Enterprises Inc. can not and shall not guarantee privacy or protection of any User. Discount Mac Enterprises Inc. reserves the right to monitor any User's transmissions when deemed necessary for providing proper service and/or to protect the rights and property of Discount Mac Enterprises Inc. Discount Mac Enterprises Inc. may deny User access to all or part of the Service without notice if User engages in any conduct or activities that Discount Mac Enterprises Inc. in its sole discretion believes violates any of the terms and conditions in this Agreement. 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. Discount Mac Enterprises Inc. may modify this Agreement from time to time, and User's continued use of the Service following notice of such modification shall be deemed to be User's acceptance of any such modification. It is User's responsibility to check this online area regularly to determine whether this Agreement has been modified. If User does not agree to any modification of this Agreement, User must immediately stop using the Service. This Agreement shall be governed by and construed in accordance with the laws of the Province of British Columbia without regard to its conflicts of law provisions. Any cause of action User 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. User represents to Discount Mac Enterprises Inc. that he or she can form a legally binding contract under applicable law. The Service may be used only for lawful purposes. The applicable law is the laws of the Province of British Columbia and all parties participating in the use of these services hereby submit to the jurisdiction of the Courts of the Province of British Columbia. Discount Mac Enterprises Inc. shall not be liable or deemed to be in default for any delay or failure in performance under this Agreement or interruption of service resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, riots, civil disturbances, insurrections, accidents, dire, explosions, earthquakes, floods, the elements, strikes, labor disputes, shortages of suitable parts, materials, labor or transportation or any cause beyond the reasonable control of Discount Mac Enterprises Inc. Venue for litigation of any dispute, controversy, or claim arising out of, in connection with, or in relation to this Agreement, or the breach thereof, naming Discount Mac Enterprises Inc. as the defendant, shall be proper only in a venue determined by Discount Mac Enterprises Inc. In any action between Discount Mac Enterprises Inc. and User to enforce any of the terms of this Agreement, Discount Mac Enterprises Inc. shall be entitled to recover expenses, including reasonable attorney's fees. This Agreement constitutes the entire agreement between User and Discount Mac Enterprises Inc. with respect to the Service.   Copyright © 2000-2001 Discount Mac Enterprises Inc. All Rights Reserved. All brands, logos, and trademarks are the properties of their respective holders.