John Bluck's Art & Writing Co. (includes Home Page Authoring Service)

Terms and Conditions, June 5, 1998

1.) Contracting with John Bluck's Art & Writing  constitutes acceptance of these terms and conditions.  If you do not agree with these terms and conditions, please send mail to jbluck@bluckart.com, or send US mail to 926 Iroquois Ave., Livermore, CA 94551-1810, or call us at (925) 373-9169 to terminate your account.

2.) John Bluck's Art & Writing exercises no control whatsoever over the content of your company's information passing through it.  If you are offended by certain language or expression of certain ideas, then by using our company you acknowledge that you have read this warning and will not hold John Bluck's Art & Writing   responsible for any language, thoughts or discussion which may be part of information viewed by you or others on the Internet system. As John Bluck's Art & Writing  does not desire to degrade the exchange of legitimate information contained on the Internet, any information originated by you must comply with these terms and conditions.

3.) John Bluck's Art & Writing makes no warranties of any kind, whether expressed or implied, for the service it is providing. John Bluck's Art & Writing  also disclaims any warranty of merchantability or fitness for a particular purpose.  John Bluck's Art & Writing  will not be responsible for any damage you suffer.  This includes loss of data resulting from delays, non-deliveries, mis-deliveries, or service interruptions caused by its own negligence or your errors or omissions.

4.) John Bluck's Art & Writing  may only be used for lawful purposes.  Transmission of any material in violation of any US or state regulation is prohibited.  This includes, but is not limited to:  copyrighted material, material legally judged to be threatening or obscene, or material protected by trade secret.  You agree to indemnify and hold harmless John Bluck's Art & Writing   from any claims resulting from your use of the service John Bluck's Art & Writing which damages you or another party.

5.) Any access to other networks through John Bluck's Art & Writing Home Page Authoring Service must comply with the rules appropriate for that other network.

6.) All postings to USENET must comply with the etiquette guidelines posted in news.announce.new users, and also with the posted charter of the news group(s) to which you are posting.  Noncompliance with these rules will result in the termination of your account without prior notification.

7.) All use of John Bluck's Art & Writing must be within the restrictions associated with your account and as set forth herein.  John Bluck's Art & Writing reserves the right to terminate service to accounts that exceed their restrictions.

8.) You are responsible for the protection of your account and data. You are advised that the Internet is not a secure system.  Data can be viewed by third parties. Information of a private or confidential nature should not be placed on the system.  John Bluck's Art & Writing specifically denies any responsibility for the security of your account and the data stored in John Bluck's Art & Writing's facilities.

9.) Use of any information obtained via the John Bluck's Art & Writing service is at your own risk. John Bluck's Art & Writing specifically denies any responsibility for the accuracy or quality of information obtained through its services.

10.) Payment is due in upon completion of the job.  Larger Internet coding jobs require 25% paid in advance. Accounts are in default if payment is not received within 5 days after the due date.  If your payment is returned to us unpaid you are immediately in default and subject to a returned check charge of $25 from us.   Accounts unpaid 5 days after due date may have their service or contract terminated.  Such termination does not relieve you from the obligation to pay the past due account charge.

Only a written request, via E-Mail or US Mail will terminate your service, and relieve you of your obligation to pay the monthly account charge.  An act of default accelerates payments to be due immediately, as credit is no longer being extended.

11.) Accounts in default are subject to an interest charge of 1.5% per month on the outstanding balance.  If you default in the payment of any amounts owed hereunder, you agree to pay John Bluck's Art & Writing its actual expenses, including attorney and collection agency fees, incurred in enforcing its rights under these Terms and Conditions.

12.) For larger jobs, service/Internet coding is paid for monthly and may be canceled by either party, in writing, at any time with no penalty.  If you elect to terminate your service in this manner, charges will cease upon receipt by John Bluck's Art & Writing of your written request.

13.) Prices quoted are for delivery from John Bluck's Art & Writing's office in Livermore, CA.  You are responsible for any and all communications charges that you may incur in calling John Bluck's Art & Writing.

14.) John Bluck's Art & Writing reserves the right to change the rates and otherwise modify these Terms and Conditions by notifying you 30 days in advance of the effective date of the change.  If you do not request your service be terminated, it will be conclusively presumed that you consent to the new terms, conditions and rates as notified.

15.) These Terms and Conditions supersede all previous representations, understandings or agreements and shall supersede any other terms and conditions of any order submitted or prior price quoted.

16.) A special word about viruses:  It is recognized that the Internet may contain viruses which may, if not eliminated, destroy parts or all of the data contained within your computer.

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