Common use of Mandatory Flow-down Terms Clause in Contracts

Mandatory Flow-down Terms. You agree to include terms substantially similar to the following minimum terms in legally binding agreements with end users who are not your bona fide employees. For the purpose of this section, "Network Services Supplier" shall mean us. "Company" shall mean you. "User" shall mean the non-employee end user, and "Network" shall mean the dial-up network operated and maintained by us; and "Services" shall mean the DiaLinx Service: No Right of Resale. User may not resell or redistribute any Services. ------------------ Content Responsibility. User understands that neither Company nor its Network ---------------------- Services Supplier is responsible for the content of the transmissions which may pass through the Network. User agrees that it will NOT use the Services in ways that violate laws, infringe the rights of others, or interfere with the users, services, or equipment of other networks. For example, you shall not distribute unsolicited advertising, chain letters, or commercial electronic mail ("spamming"); propagate computer worms or viruses; attempt to gain unauthorized entry to other computers, data or networks; distribute child pornography, obscenity, or defamatory material over the Internet; or infringe copyrights, trademarks, or other intellectual property rights. Warranty and Liability Limitations. COMPANY DOES NOT WARRANT THAT THE SERVICES ---------------------------------- WILL BE AVAILABLE ON A SPECIFIED DATE OR TIME OR THAT THE NETWORK WILL HAVE THE CAPACITY TO MEET THE DEMAND OF END USERS DURING SPECIFIC HOURS. USER MAY BE UNABLE TO ACCESS THE NETWORK AT ANY TIME, AND DISCONNECTION FROM THE NETWORK MAY OCCUR FROM TIME TO TIME. NEITHER COMPANY NOR ITS NETWORK SERVICES SUPPLIER WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO COMPANY'S OR USER'S TRANSMISSION FACILITIES OR PREMISES EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF USER'S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF COMPANY'S OR ITS NETWORK SERVICE SUPPLIER'S NEGLIGENCE. IN NO EVENT WILL COMPANY OR ITS NETWORK SERVICES SUPPLIERS BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF REVENUE OR PROFITS, OR FOR ANY OTHER SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE SERVICES OR PRODUCTS PROVIDED HEREUNDER. Please sign below to indicate your understanding and acceptance of the terms of this Service Schedule. Company (Type or Print Full Customer Name:____________________________________ Signature:____________________________________________ Date:__________________ Print Name:__________________________________________Title:___________________ GTE Quotation ___________________________ DiaLinx Services (Version 2.1) I N T E R N E T W O R K I N G POWERED BY BBN Quotation for DiaLinx Service - Netpliance --------------------------------------------------------------------------------

Mandatory Flow-down Terms. You agree to include terms substantially similar to the following minimum terms in legally binding agreements with end users who are not your bona fide employees. For the purpose of this section, "Network Services Supplier" shall mean us. "Company" shall mean you. "User" shall mean the non-employee end user, and "Network" shall mean the dial-up network operated and maintained by us; and "Services" shall mean the DiaLinx Service: No Right of Resale. User may not resell or redistribute any Services. ------------------ Content Responsibility. User understands that neither Company nor its Network ---------------------- Services Supplier is responsible for the content of the transmissions which may pass through the Network. User agrees that it will NOT use the Services in ways that violate laws, infringe the rights of others, or interfere with the users, services, or equipment of other networks. For example, you shall not distribute unsolicited advertising, chain letters, or commercial electronic mail ("spamming"); propagate computer worms or viruses; attempt to gain unauthorized entry to other computers, data or networks; distribute child pornography, obscenity, or defamatory material over the Internet; or infringe copyrights, trademarks, or other intellectual property rights. Warranty and Liability Limitations. COMPANY DOES NOT WARRANT THAT THE SERVICES ---------------------------------- WILL BE AVAILABLE ON A SPECIFIED DATE OR TIME OR THAT THE NETWORK WILL HAVE THE CAPACITY TO MEET THE DEMAND OF END USERS DURING SPECIFIC HOURS. USER MAY BE UNABLE TO ACCESS THE NETWORK AT ANY TIME, AND DISCONNECTION FROM THE NETWORK MAY OCCUR FROM TIME TO TIME. NEITHER COMPANY NOR ITS NETWORK SERVICES SUPPLIER WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO COMPANY'S OR USER'S TRANSMISSION FACILITIES OR PREMISES EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF USER'S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF COMPANY'S OR ITS NETWORK SERVICE SUPPLIER'S NEGLIGENCE. IN NO EVENT WILL COMPANY OR ITS NETWORK SERVICES SUPPLIERS BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF REVENUE OR PROFITS, OR FOR ANY OTHER SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE SERVICES OR PRODUCTS PROVIDED HEREUNDER. Please sign below to indicate your understanding and acceptance of the terms of this Service Schedule. Company (Type or Print Full Customer Name:____________________________________ Signature:____________________________________________ Date:__________________ Print Name:__________________________________________Title:___________________ GTE Quotation ___________________________ DiaLinx Services (Version 2.1) I N T E R N E T W O R K I N G POWERED BY BBN Quotation for DiaLinx Service - Netpliance ---------------------------------------------------------------------------------------------------------------------------------------------------------------- [*] [*] CONFIDENTIAL TREATMENT REQUESTED [*] [*] CONFIDENTAL TREATMENT REQUESTED-continued GTE Quotation ___________________________ DiaLinx Services (Version 2.1) I N T E R N E T W O R K I N G POWERED BY BBN All Network connect time is rounded up to the next highest minute and billed in one minute increments. Invoices are issued monthly and due net thirty (30) days. All pricing is listed as U.S. dollars.