IMPORTANT -- PLEASE READ CAREFULLY THE AGREEMENT BELOW.
BY USING A PASSWORD TO ACCESS THE SPACEDOX SERVICES ON THE INTERNET WEB SITE or UPLOADING A FILE TO THE WEBSITE, YOU INDICATE YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU SHOULD PRINT AND KEEP A COPY OF THIS AGREEMENT.
Spacedox reserves the right to revise this TOU at any time. Notification may be posted online, or sent via email or postal mail to the address provided by Customer during registration ("Registration") or as updated by Customer. Customer's continued use of any Account after such notification shall constitute Customer's acceptance of the TOU as revised. Customer shall appoint an Account Administrator to maintain and administer Customer’s Registration and all Accounts in accordance with Spacedox’s Administration Guidelines. Accounts may be established only for Customer’s authorized representatives ("Site User"), and may be used only by the Site User for whom the Account is established. Customer shall advise each Site User of the terms and conditions governing use of an Account and Customer shall be liable and responsible for any Site User’s use of the Site, Materials, Content, and/or Services.
Customer and the individual completing Customer's Registration ("You") each represents and warrants that (a) Customer is an Active Subscriber, (b) all information submitted during Customer's Registration is accurate, and (c) Customer has authorized You to enter into this Agreement on behalf of Customer. The TOU are void where prohibited by law, and the right to access the Site, Services, and Materials is hereby revoked in such jurisdictions.
1. The Spacedox Materials. The Spacedox Materials are the copyrighted or other proprietary works of Spacedox and/or its licensors or suppliers, and are protected by copyright and/or other intellectual property laws. Any unauthorized use of the Spacedox Materials may violate such laws and the TOU. Spacedox grants Customer a limited, non-exclusive, non-transferable, right to view, download and use the Spacedox Materials solely for Customer’s internal use of the Services with its computer hardware in the manner described herein. Unless specifically noted otherwise, Customer may not modify the Spacedox Materials, post the Spacedox Materials or any portion thereof on a web site accessible by third parties, or otherwise distribute the Spacedox Materials to third parties in either electronic or hard copy form. No logo, graphic, sound, content or image from this Site may be copied or retransmitted unless expressly permitted by Spacedox. Except as expressly provided herein, Spacedox and its suppliers do not grant any express or implied right to Customer any patents, copyrights, trademarks, rights in trade secrets, or other intellectual property rights with respect to or arising from the Services. Software available for downloading from this Site also shall be subject to the terms and conditions set forth in the license agreement that accompanies such software.
2. Acceptable Use Policy. Customer is solely responsible for the content of any and all activities that occur under its account. This may include comments, information, questions, data, plans, feedback, ideas, descriptions of processes, or other information submitted, posted, reproduced, published, distributed, or otherwise transmitted to Spacedox by Customer or any Site User through the Site or Services ("Content"). Customer may use the Site, the Spacedox Materials, and Services for lawful purposes only. Customer shall ensure that it has the requisite rights to submit, post, reproduce, publish, distribute, or otherwise transmit Content in conjunction with the Site, Services, or Spacedox Materials. Violation of any of these restrictions shall be deemed a material breach of the TOU.
The use of the Services requires submission or placement of Content. By submitting or posting Content, Customer, including Site User, incurs the following obligations and agrees to not use the Site, Services, or Spacedox Materials, or any portion thereof, to:
a. Upload, post or otherwise transmit any Content which violates, misappropriates, or infringes in any way upon the rights of others, that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, or which encourages conduct that would constitute a criminal offense, or otherwise violate any law. Spacedox may, in its sole discretion disclose Content or Registration Information in order to cooperate with any law enforcement authorities or court order provided however, that Spacedox does not disclose Content to any other third parties except as may be compelled by court or governmental order.
b. Access information related to minors or harm minors in any way.
c. Impersonate any person or entity, or falsely state or otherwise misrepresent Customer’s affiliation with any person or entity.
d. Upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
e. Upload, post, or otherwise transmit any material that contains software viruses, harmful materials, or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, including, but not limited to, the Site, Services, or Spacedox Materials.
f. Interfere with or disrupt the Site, Services, or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site or associated with the Services as specified by Spacedox.
g. "Stalk" or otherwise harass or disparage any person or entity, including, but not limited to, Spacedox.
h. Collect or store personal data about any person or entity without the requisite rights to do so.
i. Promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons, and creating "crush" sites.
j. Use the Site, Services, or Spacedox Materials as storage for remote loading or as a door or signpost to another home page, whether inside or beyond the Site.
k. Intentionally or unintentionally violate any applicable local, state, national, or international law, including, but not limited to, all applicable export control laws and regulations.
l. Breach the TOU or any applicable Order Form or End User License Agreement.
3. License for Content. Spacedox does not own the Content that Customer submits to the Site in connection with the Service. As such, Spacedox requires a license to the Content from Customer so that Spacedox’s provision of the Services do not infringe any rights of Customer or any third party. By submitting, posting, or otherwise making Content available to Spacedox, or available to any individual or entity through the Site, Services, or Materials, including Site Users, Customer hereby grants Spacedox non-exclusive, royalty free, paid up, worldwide, sub licensable license to display, reproduce and transmit the Content for the purposes of formatting, maintenance, repair, protection, organization, or other administration of the Site and Services and use such Content in the ordinary course of Spacedox’s, or its designated third parties’, provision of the Site and, Services, or Materials. This license will remain in effect until such Content is removed from the Site.
Spacedox does not assume any responsibility for Customer’s use of the Site or Services. Spacedox does not warrant that files, including Content, will be available for downloading from the Internet or that the Site, Services, Content or Materials will be free of infection of viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. Customer is responsible for implementing sufficient procedures and checkpoints to satisfy Customer’s particular requirements for accuracy of data input and output, and for maintaining a means external to the Site and Services for the reconstruction of any lost or damaged Content.
4. Content:General. By using the Site, Services, or Spacedox Materials, Customer acknowledges that: (i) Customer will evaluate and bear all risks associated with the use of any Content, including any reliance by Customer or its Users on the accuracy, completeness, or usefulness of such Content; and (ii) under no circumstances will Spacedox be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or for any loss or damages or any kind incurred as a result of the use, deletion, or correction of any Content.
5. Storage of Content. All of Spacedox's servers are currently located in the United States. All Content submitted to Spacedox and stored on any part of the Site or other Spacedox property shall be on servers or other storage media in the United States, however, Content may also be transmitted or transferred to other areas or countries at Spacedox’s or its suppliers’ sole discretion.
6. Protection of Content. Spacedox will use commercially reasonable standards and practices to backup and protect Content. Notwithstanding the foregoing, Spacedox makes no warranties or representations regarding its backup practices, and does not warrant that it will be able to restore any lost or damaged Content or other data. Customer shall at all times ensure that reasonable security mechanisms are in place with respect to the issuance of username and password information and the backup of Content. Customer acknowledges that no network security procedures can assure complete network security or prevent all unauthorized access to the Member Site and will immediately notify Spacedox of any known security breaches affecting the Site, Services, or Spacedox Materials. Customer hereby agrees to perform regular backups and take other appropriate measures to copy and protect Customer’s data, including Content.
7. Right to Remove or Disable Access. If Spacedox is made aware of Content or Customer conduct that is or, that Spacedox believes in good faith may be (i) libelous, obscene, excessively violent or defamatory, (ii) a violation of any law, regulation, or rights of a third party, including, but not limited to, rights under the copyright law and prohibitions on libel, slander, and invasion of privacy, or (iii) a violation of the any terms or conditions set forth herein or other Spacedox policy, Spacedox has the immediate right, but not the obligation, to remove or disable access to that Content and/or terminate Customer’s ability to access the Site, Spacedox Materials, and/or Services without notice to the Customer. For Content that Customer deems to be potentially in violation of law or otherwise in breach of this Agreement, Spacedox will remove such Content upon written request from Customer.
8. Professional Services. If Customer has purchased professional services relating to customization, configuration or other professional services in connection with the Services, Spacedox will provide qualified personnel to provide such professional services on a mutually agreed upon schedule, if any. The completion of the professional services shall be deemed accepted upon Delivery by Spacedox to Customer of any deliverables or items associated with the professional services. Customer acknowledges that acceptance, formal or otherwise, is not a prerequisite to payment hereunder, and payment by Customer to Spacedox for the professional services shall not be withheld based on any acceptance conditions. Ownership of all systems, software, documentation, tools, utilities, methodologies, techniques and other materials and know how owned by or in the possession of Spacedox prior to or developed during the customer engagement and used by Spacedox in connection with the provision of the professional services together with the intellectual property rights therein, shall remain with Spacedox.
9. Confidentiality. Customer agrees to maintain the confidentiality of (a) Spacedox Materials marked as confidential, or which Customer knows or should know should be treated as confidential, and (b) information relating to access to the Site, including Customer's Registration information and Account passwords.
10. WARRANTY DISCLAIMER: LIMITATION OF LIABILITY THE SITE, MATERIALS AND SERVICES ARE PROVIDED "AS IS" AND SPACEDOX AND ITS SUPPLIERS MAKE NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING THE USABILITY, SUITABILITY, CONDITION, OPERATION OR ACCURACY THEREOF. SPACEDOX AND ITS SUPPLIERS DO NOT WARRANT THAT ACCESS TO OR USE OF THE SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND FURTHER DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS (EXPRESS, IMPLIED OR STATUTORY), INCLUDING WITHOUT LIMITATION, ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY OR ACCURACY AND ALL OTHER OBLIGATIONS OR LIABILITIES ON THE PART OF SPACEDOX AND/OR ITS SUPPLIERS. CUSTOMER'S, INCLUDING SITE USER'S, USE OF THE SITE AND CONTENT IS AT ITS OWN RISK. CUSTOMER ASSUMES FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM UPLOADING, DOWNLOADING AND/OR USE OF SOFTWARE, FILES OR CONTENT OBTAINED FROM THE SITE OR SERVICES, CUSTOMER AGREES THAT SPACEDOX AND ITS SUPPLIERS WILL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER. CUSTOMER FURTHER AGREES THAT IN NO EVENT WILL SPACEDOX OR ITS SUPPLIERS BE LIABLE FOR INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES RESULTING FROM LOSS OF USE, DATA OR PROFITS ARISING OUT OF OR IN CONNECTION WITH CUSTOMER'S, INCLUDING SITE USER'S, USE OF THE SITE, SERVICES, SPACEDOX MATERIALS OR CONTENT, WHETHER BASED ON CONTRACTUAL, TORT OR OTHER GROUNDS, EVEN IF SPACEDOX OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITIY OF SUCH DAMAGES.
11. TRIAL AGREEMENTS
You may have assented to the Services from the Site on behalf of Customer for the purposes of using trial versions of products or the Services for a limited trial period. To the extent that any provision of this paragraph conflicts with any other provision of the TOU, this paragraph shall supersede such other terms with respect to tryout or trial versions, but only to the extent necessary to resolve any conflict in terms. IN SPACEDOX’S SOLE DISCRETION, TRYOUT OR TRIAL VERSIONS OF SPACEDOX PRODUCTS OR SERVICES MAY HAVE LIMITED FUNCTIONALITY AND/OR FUNCTION FOR A LIMITED PERIOD OF TIME AND SUCH VERSIONS ARE OFFERED ON AN "AS IS" BASIS AND SOLEY FOR DEMONSTRATION PURPOSES. If the product or service is offered for a limited time, then such product or service will terminate operation after a designated period of time (e.g., 15, 21, 30, 45 or 60 days) following installation or commencement of service as specified by Spacedox in its sole discretion (e.g., in the appropriate Order Form or service terms) ("Time Out Date"). Upon the Time Out Date, the license or service agreement for such tryout or trial version will terminate and all rights to use the product or service will cease unless and until any fees or charges for the commercial version of such product or service is received by Spacedox and a valid agreement entered into. After the Time Out Date any files, documents or other material created with such product or service, or stored on the Site and accessible as part of such Customer or trial version shall no longer be accessible and any risk of loss for all work created or material stored shall be borne solely by the Customer or user.
12. TERM AND TERMINATION
The TOU takes effect on the date Customer or any Site User first accesses or uses the Site or Services, and shall continue until all Accounts expire, cease or are terminated. Without limiting any other rights or remedies available to Spacedox under contract or otherwise, Spacedox may terminate the TOU at any time, without penalty or further obligation. Without limiting the foregoing, Spacedox may terminate this TOU at any time and cease the provision of Services in the event that the Customer is in default of any payment obligation relating to the Services. Should Spacedox elect termination, Customer shall only be liable for a pro rata payment for those Services delivered to Customer prior to the effective date of termination. Termination is in addition to all other legal or equitable remedies available to Spacedox. Upon termination of this Agreement for any reason, Customer shall cease to access the Site, Services, or Materials. The limitations and disclaimers of Spacedox’s warranties, Spacedox’s limitations and disclaimers of damages and liabilities, Customer’s warranties and representations, Customer’s indemnity obligations, and the provisions of governing law, jurisdiction and venue, shall survive the termination of this Agreement. Upon termination of the TOU, all of Customer’s and each Site User’s rights herein shall cease.
Customer agrees to indemnify, defend and hold Spacedox, its suppliers, and all of its officers, directors, owners, agents and information and service providers (collectively, the "Indemnified Parties") harmless from all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach of the Agreement by Customer or any Site User, including without limitation, reasonable attorney's fees. Spacedox shall cooperate, at Customer’s expense, as reasonably required by Customer in the defense of any claim. Spacedox reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by Customer.
14. CUSTOMER SUPPORT SERVICES
Any Customer Support Services designated in the Order Form will be subject to the terms of Appendix 1 in addition to the terms and conditions herein.
15. ENTIRE AGREEMENT
The TOU, together with the Order Form, constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior agreements, understandings, negotiations and discussions, whether oral or written, of the parties and there are no warranties, representations or other agreements between the parties in connection with the subject matter hereof except as specifically set forth in the TOU. The terms of the TOU shall prevail over any contrary, inconsistent or additional terms included in any purchase order or other documentation of Customer. The TOU may be modified only by a signed agreement, or as follows: Spacedox may modify the TOU by posting the new terms and conditions on the Site or transmitting via email. If Customer continues to use the Materials, Services, or Site, then Customer will be considered to have accepted the modifications.
16. GENERAL PROVISIONS
Waiver. Spacedox's failure to enforce any provision of this Agreement will not be construed as a waiver of any provision or right. In the event that a portion of the TOU is held unenforceable, the unenforceable portion will 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 will remain in full force and effect. Waiver by either party of a breach of any provision of the TOU or the failure by either party to exercise any right hereunder shall not operate or be construed as a waiver of any subsequent breach of that right or as a waiver of any other right.
Force Majeure. Spacedox will not be liable in any amount for failure to perform any obligation under the TOU if such failure is caused by the occurrence of cause beyond the reasonable control of Spacedox including, without limitation, outages of the Internet or connections thereto, communications outages, earthquake, fire, flood, war, or act of God; or any acts of governmental bodies or authorities.
Governing Law, Jurisdiction and Venue. This Site, Services, and Materials are currently controlled by Spacedox and third party vendors from within the state of Washington, United States of America. By accessing or using the Site, Services, or Materials, Customer and Spacedox agree that the statutes and laws of the State of Washington, without regard to the conflicts of laws principles thereof, shall govern all matters relating to Customer’s access to, or use of, this Site and any Materials or Services. Customer and Spacedox specifically disclaim the U.N. Convention on Contracts for the International Sale of Goods. No choice of law rules of any jurisdiction apply. Customer and Spacedox agree to submit to the personal and exclusive jurisdiction and venue of the courts located within the counties of King, or Snohomish, Washington, at Spacedox’s sole discretion. Spacedox makes no representation that Materials or Services available on the Site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and risk, and are responsible for compliance with local laws. The right of Spacedox to any payment provided for under the TOU will not be subject to any abatement, reduction, setoff, defense, counterclaim or recoupment of any amount due or alleged to be due by reason of any past, present or future claims of Customer. Customer acknowledges that the Site, Content, Services, and/or Materials may be subject to U.S. export jurisdiction. Customer agrees to comply with all applicable international and national laws that apply to the Site, Content, Services, and/or Materials, including the U.S. Export Administration Regulations, as well as end-user, end-use and destination restrictions issued by U.S. and other governments. Customer agrees that the Site, Content, Services, and/or Materials, or any part thereof, will not be shipped, transferred, downloaded, distributed, or exported into any country or used in any manner prohibited by the United States or any other applicable export control law, restriction, or regulation.
Customer represents and warrants to Spacedox that: (i) Customer has the full authority to enter into the TOU; (ii) the performance of the obligations and duties hereunder, do not and will not violate any agreement to which Customer, or any individual or entity affiliated with Customer, are a party or by which Customer, or any individual or entity affiliated with Customer, are otherwise bound; (iii) the TOU will constitute Customer’s legal, valid and binding obligation, enforceable against Customer; (iv) Customer acknowledges that Spacedox makes no representations, warranties, or agreements related to the subject matter hereof which are not expressly provided for in the TOU; (v) no consent, approval, or authorization of or designation, declaration, or filing with or from any individual, entity, or governmental or regulatory authority is required in connection with the implementation and enforcement of the TOU or the provision of the Site, Services, or Materials; and (vi) Customer’s use of the Site, Content, Services, or Materials does not and will not in any manner infringe the rights of any third party nor violate any law, rule, or regulation.
Notices. Notices to Spacedox under the TOU shall be sufficient only if in writing and transmitted via personal delivery or delivered by a major commercial rapid delivery courier service or by certified or registered mail, return receipt requested, to: Spacedox, Inc., Attention: Legal Department, 811 175th St SW, Mill Creek Washington 98012. Customer may not make any public statement, press release, or other announcement relating to the terms of or existence of the TOU, Spacedox, or any relationship between the parties, without the prior written approval of Spacedox , except as required by law. Spacedox may identify Customer as a customer on any Spacedox customer list published orally, in print or electronically. The TOU is in the English language only, which language shall be controlling in all respects, and all versions hereof in any other language shall not be binding on the parties hereto. All communications and notices to be made or given pursuant to the TOU shall be in the English language only.
Links. The Site, Services, or Materials may contain links to third-party Web sites that are not under the control of Spacedox. Spacedox makes no representations whatsoever about any other Web site to which Customer may have access through the Site, Services, or Materials, including the Web sites of Spacedox Associates. When Customer accesses a non-Spacedox Web site, Customer does so at Customer’s own risk and Spacedox is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on these sites; or for the quality of any products or services available on such sites; or for any damage or loss caused or alleged to be caused through or in connection with use of or reliance on the content, goods, or services available on or through any such link, site, or resource. Spacedox provides these links merely as a convenience and the inclusion of such links does not imply that Spacedox endorses or accepts any responsibility for the content or uses of such Web sites.
Customer Support Schedule. This Customer Support Schedule is incorporated into the TOU. All of the terms not defined herein have the same meaning designated in the TOU.
Support of Online Services. In conjunction with any Customer Support Services purchased by Customer, Spacedox will respond to Customer issues and questions that it receives from Customer relating to the installation, configuration, use, and troubleshooting of such Customer Support Services.
Hours of support (subject to change at Spacedox’s sole discretion).
Telephone and Email Support, 8:00 am — 5:00 pm (Pacific Time), Mon. thru Fri. excluding Spacedox designated holidays.
17. GENERAL RESTRICTIONS ON CUSTOMER SUPPORT SERVICES Spacedox will not be obligated to provide Customer Support to Customers not meeting all Customer responsibilities and obligations set forth in the Services Agreement.
Spacedox only provides Customer Support for Spacedox’s most current Release of Customer Support Services or Software. Spacedox shall not be obligated to provide Customer Support for any other Releases. For purposes of this Exhibit, "Release" means a full commercial version of Customer Support Services or Software, that incorporates all Extensions offered by Spacedox since the preceding Release and which enhances or improves the functionality of the preceding Release. A Release includes the documentation customarily provided by Spacedox with the Online Service or Software. For purposes of this Exhibit, "Extension" means a modular addition to a Release of Spacedox Software incorporating corrections and enhancements.
Spacedox shall not be responsible to supply Customer Support for issues arising from:
(i) alterations, adaptations or changes to the Software not made by or under the supervision or direction of Spacedox ;
(ii) use of, connection or installation of the Software or Customer Support Services with any other software or equipment not supplied by or authorized by Spacedox ;
(iii) any breach of any of the Customer’s obligations under this Services Agreement;
(iv) errors in an older version of the Software being used by Subscriber, if Subscriber chooses not to upgrade to the most current version where such defects have been corrected; and
(v) accidental or deliberate damage to the Software.
Spacedox is not obligated to provide Customer Support for third party products or services, even if such were made available through or from Spacedox or the Web Site.
18. LIMITED WARRANTIES; LIMITATIONS OF LIABILITY
SPACEDOX WARRANTS THAT CUSTOMER SUPPORT WILL BE PERFORMED IN ACCORDANCE WITH CURRENTLY ACCEPTED COMPUTER CONSULTING STANDARDS AND PRACTICES FOR SERVICES OF A SIMILAR NATURE. IN THE EVENT OF ANY BREACH OF SUCH WARRANTY, CUSTOMER’S EXCLUSIVE REMEDY, AND SPACEDOX’S SOLE LIABILITY, SHALL BE LIMITED TO SPACEDOX’S OBLIGATION TO USE COMMERCIALLY REASONABLE EFFORTS TO RE-PERFORM THE CUSTOMER SUPPORT IN ACCORDANCE WITH CURRENTLY ACCEPTED STANDARDS AND PRACTICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SPACEDOX AND ITS PARENT, SUCCESSORS, AFFILIATES AND SUBSIDIARIES AND RELATED COMPANIES AND THEIR EMPLOYEES, OFFICERS, DIRECTORS, REPRESENTATIVES AND AGENTS (COLLECTIVELY REFERRED TO AS THE "SPACEDOX GROUP") MAKES NO OTHER WARRANTIES, REPRESENTATIONS, OR CONDITIONS WHATSOEVER WITH RESPECT TO THE CUSTOMER SUPPORT, INCLUDING THE UNINTERRUPTED AVAILABILITY OF THE SAME OR ANY PROPOSED RESOLUTION OF A CUSTOMER SUPPORT REQUEST, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SPACEDOX SPECIFICALLY DOES NOT WARRANT THAT: (A) THE CUSTOMER SUPPORT WILL ENSURE THAT THE OPERATION OF THE ONLINE SERVICES OR SOFTWARE WILL BE ERROR FREE OR UNINTERRUPTED; (B) ALL ERRORS WILL BE CORRECTED; (C) SPACEDOX WILL RESOLVE ANY PARTICULAR CUSTOMER SUPPORT REQUEST BY A DESIGNATED CONTACT; (D) THE CUSTOMER SUPPORT WILL BE PROVIDED IN AN UNINTERUPTED MANNER; OR (E) THAT ANY PARTICULAR RESOLUTION PROPOSED BY SPACEDOX OF A CUSTOMER SUPPORT REQUEST WILL MEET CUSTOMER’S EXPECTATIONS OR REQUIREMENTS. NOTHING IN THIS SERVICES AGREEMENT RESTRICTS THE EFFECT OF WARRANTIES OR CONDITIONS WHICH MAY BE IMPLIED BY LAW WHICH CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED. ALL CUSTOMER SUPPORT PERFORMED BY SPACEDOX SHALL BE SUBJECT TO THE PROVISIONS OF THE LIMITATIONS ON LIABILITY PROVIDED IN THE SERVICES AGREEMENT.