Five Bytes

Five Bytes Terms of Use

1. THIS IS AN AGREEMENT BETWEEN YOU AND Five Bytes

This is an agreement ("Agreement") between you and Five Bytes. This Agreement governs your use of any Web site or Web page operated by Five Bytes (each, a "Five Bytes Web Site," and collectively, the "Five Bytes Web Sites"). You represent that you are at least 18 years of age and have attained the age of majority in the province, state or country in which you reside, and any information that you submit is correct.

Five Bytes OFFERS THE Five Bytes WEB SITES TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THIS AGREEMENT. YOUR USE OF THE Five Bytes WEB SITES CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT.

THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY (See Sections 9, 10, and 11); AND AN EXCLUSIVE REMEDY (See Section 10). THESE PROVISIONS FORM AN ESSENTIAL BASIS OF OUR BARGAIN.

2. HOW Five Bytes MAY MODIFY THIS AGREEMENT

Five Bytes reserves the right to change the terms, conditions, and notices under which it offers the Five Bytes Web Sites, including any charges associated with the use of the Five Bytes Web Sites. You are responsible for regularly reviewing these terms, conditions and notices, and any additional terms posted on any Five Bytes Web Site. Your continued use of the Five Bytes Web Sites after the effective date of such changes constitutes your acceptance of and agreement to such changes.

3. ADDITIONAL TERMS

Any Five Bytes Web Site may itself contain additional terms (for example, codes of conduct or guidelines) that further govern use of that Five Bytes Web Site, including without limitation, particular features or offers (for example, sweepstakes). If any terms contained in this Agreement conflict with any terms contained within a Five Bytes Web Site, then the terms in this Agreement shall control.

4. NO COMMERCIAL, UNLAWFUL OR HARMFUL USE OF THE Five Bytes WEB SITES

The Five Bytes Web Sites are only for your personal use. You will not use the Five Bytes Web Sites for commercial purposes. You will not use the Five Bytes Web Sites in any way that is unlawful, or harms Five Bytes, its affiliates, resellers, distributors, service providers and/or suppliers (each, a "Five Bytes Party" and collectively, the "Five Bytes Parties") or any customer of a Five Bytes Party, as determined in Five Bytes's sole discretion. Five Bytes may tell you about certain specific harmful uses in a code of conduct or other notices available through a Five Bytes Web Site, but has no obligation to do so. You may not use the Five Bytes Web Sites in any way that breaches any code of conduct, policy or other notice applicable to the Five Bytes Web Sites. Without limiting the generality of this section, you may not use the Five Bytes Web Sites in any manner that could damage, disable, overburden, or impair any Five Bytes Web Site (or the network(s) connected to any Five Bytes Web Site) or interfere with any other party's use and enjoyment of the Five Bytes Web Sites.

5. SPAM IS PROHIBITED AND CAUSES DAMAGE; SPAM FILTERING TECHNOLOGY

Without limiting the generality of Section 4, you will not use the Five Bytes Web Sites to transmit, either directly or indirectly, any unsolicited bulk e-mail or unsolicited commercial e-mail. You will not use the Five Bytes Web Sites in any way that violates the Five Bytes Terms of Use. A breach of any part of the Anti-Spam Policy is a breach of this Agreement. Five Bytes may use filtering technology or other measures in its efforts to stop unsolicited bulk e-mail and unsolicited commercial e-mail, and if your use of the Five Bytes Web Sites includes e-mail related services, then such filtering technology or other measures may block, either temporarily or permanently, some e-mail sent to you through the Five Bytes Web Sites even if such e-mail does not violate the Anti-Spam Policy.

6. MATERIALS YOU POST OR PROVIDE; COMMUNICATIONS MONITORING

For materials you post or otherwise provide to Five Bytes related to the Five Bytes Web Sites (a "Submission"), you grant Five Bytes permission to (1) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, translate and reformat your Submission, each in connection with the Five Bytes Web Sites, and (2) sublicense these rights, to the maximum extent permitted by applicable law. Five Bytes will not pay you for your Submission. Five Bytes may remove your Submission at any time. For each Submission, you represent that you have all rights necessary for you to make the grants in this section. To the maximum extent permitted by applicable law, Five Bytes may monitor your e-mail, or other electronic communications and may disclose such information in the event it has a good faith reason to believe it is necessary for purposes of ensuring your compliance with this Agreement, and protecting the rights, property, and interests of the Five Bytes Parties or any customer of a Five Bytes Party.

7. SOFTWARE

Your use of any software associated with the Five Bytes Web Sites will be governed by the terms and conditions of the end user license agreement ("EULA") accompanying such software. If you receive any software that is not accompanied by a EULA, then Five Bytes grants to you a non-exclusive, revocable, personal, non-transferable license to use such software solely in connection with the Five Bytes Web Sites and in accordance with this Agreement. Five Bytes reserves all rights to such software not expressly granted to you in this Agreement. Such software is protected by copyright and other intellectual property laws and treaties. Five Bytes or its suppliers own the title, copyright, and other intellectual property rights in such software, and such software is licensed, not sold. You will not disassemble, decompile, or reverse engineer, such software, except and only to the extent that such activity is expressly permitted by applicable law. Five Bytes may automatically check your version of such software and may automatically download upgrades to such software to your computer to update, enhance and further develop the Five Bytes Web Sites.

8. INFORMATION AVAILABLE FROM THE Five Bytes WEB SITES

Five Bytes and its suppliers do not warrant or guarantee the accuracy or timeliness of any information available from the Five Bytes Web Sites including stock quotes, even if such information appears in any e-mail, pager, cell phone or other alerts available through the Five Bytes Web Sites. Five Bytes and its suppliers do not authorize the use of information available from the Five Bytes Web Sites including stock quote or other financial information, for any purpose other than your personal use, and prohibit to the maximum extent allowable the resale, redistribution, and use of this information for commercial purposes. Five Bytes is not a broker/dealer or registered investment advisor under United States federal securities law or securities laws of other jurisdictions, and does not advise individuals as to the advisability of investing in, purchasing or selling securities or other financial products or services. Nothing contained in the Five Bytes Web Sites constitute an offer or solicitation to buy or sell any security. Five Bytes does not endorse or recommend any particular product or service, including financial products or services. Nothing contained in the Five Bytes Web Sites is intended to constitute professional advice, including but not limited to, investment or tax advice.

9. Five Bytes MAKES NO WARRANTY

Five Bytes PROVIDES THE Five Bytes WEB SITES "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE Five Bytes PARTIES MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THE Five Bytes PARTIES DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE Five Bytes WEB SITES WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT.

10. LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY

IN NO EVENT WILL ANY Five Bytes PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE Five Bytes WEB SITES, EVEN IF SUCH Five Bytes PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER SECTION 10 IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE Five Bytes WEB SITES, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY Five Bytes PARTY WITH RESPECT TO THIS AGREEMENT OR THE Five Bytes WEB SITES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Five Bytes WEB SITES.

11. CHANGES TO THE Five Bytes WEB SITES; ADDITIONAL LIABILITY LIMITATION

THE Five Bytes PARTIES MAY CHANGE THE Five Bytes WEB SITES OR DELETE FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON. As you use the Five Bytes Web Sites, you should expect to receive, access or use information, materials, graphics, software, data and content (collectively, "Content") originated by Five Bytes and persons other than Five Bytes (any such person is referred to as a "Third Party"). WITHOUT LIMITING THE GENERALITY OF SECTIONS 9 AND 10, YOU ACKNOWLEDGE AND AGREE THAT THE Five Bytes PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (2) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT LIMITING THE GENERALITY OF SECTIONS 9 AND 10, YOU ACKNOWLEDGE AND AGREE THAT Five Bytes IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE Five Bytes WEB SITES, (2) ANY INCOMPATIBILITY BETWEEN THE Five Bytes WEB SITES AND OTHER WEB SITES, SERVICES, SOFTWARE AND HARDWARE, (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE Five Bytes WEB SITES IN AN ACCURATE OR TIMELY MANNER, OR (4) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SERVICES AVAILABLE FROM THIRD PARTIES THOUGH LINKS CONTAINED ON THE Five Bytes WEB SITES. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN SECTIONS 9, 10 AND 11 OF THIS AGREEMENT APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND ARE NOT INTENDED TO DEPRIVE YOU OF ANY MANDATORY PROTECTIONS PROVIDED TO YOU UNDER APPLICABLE LAW.

12. TERMINATION; ACCESS RESTRICTION

Five Bytes may terminate this Agreement, or terminate or suspend your access to the Five Bytes Web Sites at any time, with or without cause, with or without notice. Upon such termination or suspension, your right to use the Five Bytes Web Sites will immediately cease. UPON SUCH TERMINATION OR SUSPENSION, ANY INFORMATION YOU HAVE STORED ON THE Five Bytes WEB SITES MAY NOT BE RETRIEVED LATER.

13. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES

If this Agreement is with Five Bytes, claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the United States, without reference to conflict of laws principles. If this Agreement is with a Five Bytes affiliate, claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the place of incorporation for such Five Bytes affiliate, without reference to conflict of laws principles. All other claims, including, without limitation, claims under or for violation of consumer protection laws, unfair competition laws, and in tort, will be adjudicated under the laws of your state of residence in the United States, or, if you reside outside the United States, under the laws of the country to which the subject Five Bytes Web Sites are directed. If this Agreement is with Five Bytes, you hereby irrevocably consent to the exclusive jurisdiction and venue of the United States of America in all disputes arising out of or relating to the use of the Five Bytes Web Sites. If this Agreement is with a Five Bytes affiliate, you hereby consent to the exclusive jurisdiction and venue of the courts located in the place of incorporation for such Five Bytes affiliate in all disputes arising out of or relating to the use of the Five Bytes Web Sites.

14. INTERPRETING THE AGREEMENT; ASSIGNMENT

If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect. Five Bytes may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement, or assign, transfer or sublicense your rights, if any, in the Five Bytes Web Sites. Except as expressly stated herein, this Agreement constitutes the entire agreement between you and Five Bytes with respect to the Five Bytes Web Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Five Bytes with respect to the Five Bytes Web Sites. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance.

15. YOU HAVE LIMITED TIME TO BRING YOUR CLAIM

YOU AND Five Bytes AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE Five Bytes WEB SITES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

16. COPYRIGHT AND TRADEMARK NOTICES; OTHER ACKNOWLEDGEMENTS

All contents of the Five Bytes Web Sites are Copyright © 2004 Five Bytes and/or its suppliers, PO Box 4406, Pensacola, FL 32507 U.S.A. All rights reserved. Five Bytes, and/or other Five Bytes products and services referenced herein may also be either trademarks or registered trademarks of Five Bytes in the United States and/or other countries. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, domain names, e-mail addresses, logos, people, places and events depicted herein are fictitious. No association with any real company, organization, product, domain name, e-mail address, logo, person, places or events is intended or should be inferred. Any rights not expressly granted herein are reserved. Certain software used in certain Five Bytes Web Sites servers is based in part on the work of the Independent JPEG Group

17. OTHER NOTICES

Third Party Account Information

By using the "My Accounts" service through the Five Bytes Web Sites, you authorize Five Bytes and its agents to access third party sites designated by you or on your behalf, to retrieve information requested by you, and you appoint Five Bytes and its agents as your agent for this limited purpose. Each time you enter your account login information, you are permitting Five Bytes and its agents to process your request and use information submitted by you to accomplish the foregoing. You will choose a password when registering.

Five Bytes Bill Pay Service Terms of Use and Privacy Statement

The Five Bytes Bill Pay service is provided by a third party service provider. To view the third party service provider's terms and conditions for use of the Five Bytes Bill Pay service, go to their website. For the privacy policy applicable to how the third party service provider handles your data for the Five Bytes Bill Pay service, go to their website.

18. NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent.