Last Updated: October 2019
1. THIS IS AN AGREEMENT BETWEEN YOU AND ARRAKISNET COMMUNICATIONS, LLC.
This is an agreement ("Agreement") between you and ArrakisNet Communications, LLC. (or, if applicable based on where you live, one of its affiliates) ("ArrakisNet."). This Agreement governs your use of any Web site or Web page operated by ArrakisNet (each, an "ArrakisNet Web Site," and collectively, the "ArrakisNet 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. ARRAKISNET OFFERS THE ARRAKISNET WEB SITES TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THIS AGREEMENT. YOUR USE OF THE ARRAKISNET 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 ARRAKISNET MAY MODIFY THIS AGREEMENT
ArrakisNet reserves the right to change the terms, conditions, and notices under which it offers the ArrakisNet Web Sites, including any charges associated with the use of the ArrakisNet Web Sites. You are responsible for regularly reviewing these terms, conditions and notices, and any additional terms posted on any ArrakisNet Web Site. Your continued use of the ArrakisNet Web Sites after the effective date of such changes constitutes your acceptance of and agreement to such changes.
3. ADDITIONAL TERMS
Any ArrakisNet Web Site may itself contain additional terms (for example, codes of conduct or guidelines) that further govern use of that ArrakisNet 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 an ArrakisNet Web Site, then the terms in this Agreement shall control.
4. NO COMMERCIAL, UNLAWFUL OR HARMFUL USE OF THE ARRAKISNET WEB SITES
The ArrakisNet Web Sites are only for your personal use. You will not use the ArrakisNet Web Sites for commercial purposes. You will not use the ArrakisNet Web Sites in any way that is unlawful, or harms ArrakisNet, its affiliates, resellers, distributors, service providers and/or suppliers (each, a "ArrakisNet Party" and collectively, the "ArrakisNet Parties") or any customer of a ArrakisNet Party, as determined in ArrakisNet 's sole discretion. ArrakisNet may tell you about certain specific harmful uses in a code of conduct or other notices available through an ArrakisNet Web Site, but has no obligation to do so. You may not use the ArrakisNet Web Sites in any way that breaches any code of conduct, policy or other notice applicable to the ArrakisNet Web Sites. Without limiting the generality of this section, you may not use the ArrakisNet Web Sites in any manner that could damage, disable, overburden, or impair any ArrakisNet Web Site (or the network(s) connected to any ArrakisNet Web Site) or interfere with any other party's use and enjoyment of the ArrakisNet Web Sites.
5. SPAM IS PROHIBITED AND CAUSES DAMAGE; SPAM FILTERING TECHNOLOGY
Without limiting the generality of Section 4, you will not use the ArrakisNet Web Sites to transmit, either directly or indirectly, any unsolicited bulk e-mail or unsolicited commercial e-mail. You will not use the ArrakisNet Web Sites in any way that violates the ArrakisNet Anti-Spam Policy. A breach of any part of the Anti-Spam Policy is a breach of this Agreement. ArrakisNet 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 ArrakisNet 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 ArrakisNet 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 ArrakisNet related to the ArrakisNet Web Sites (a "Submission"), you grant ArrakisNet permission to (1) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, translate and reformat your Submission, each in connection with the ArrakisNet Web Sites, and (2) sublicense these rights, to the maximum extent permitted by applicable law. ArrakisNet will not pay you for your Submission. ArrakisNet 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, ArrakisNet 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 ArrakisNet Parties or any customer of a ArrakisNet Party.
Your use of any software associated with the ArrakisNet Web Sites will be governed by the terms and conditions of the end user license agreement ("EULA") accompanying such software.
8. INFORMATION AVAILABLE FROM THE ARRAKISNET WEB SITES
ArrakisNet and its suppliers do not warrant or guarantee the accuracy or timeliness of any information available from the ArrakisNet Web Sites, even if such information appears in any e-mail, pager, cell phone or other alerts available through the ArrakisNet Web Sites. Nothing contained in the ArrakisNet Web Sites is intended to constitute professional advice.
9. ARRAKISNET MAKES NO WARRANTY
ARRAKISNET PROVIDES THE ARRAKISNET 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 ARRAKISNET. PARTIES MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THE ARRAKISNET. 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 ARRAKISNET 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 ARRAKISNET 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 ARRAKISNET WEB SITES, EVEN IF SUCH ARRAKISNET. 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 ARRAKISNET WEB SITES, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY ARRAKISNET. PARTY WITH RESPECT TO THIS AGREEMENT OR THE ARRAKISNET WEB SITES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE ARRAKISNET WEB SITES.
11. CHANGES TO THE ARRAKISNET WEB SITES; ADDITIONAL LIABILITY LIMITATION
ARRAKISNET MAY CHANGE THE ARRAKISNET WEB SITES OR DELETE FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON. As you use the ArrakisNet Web Sites, you should expect to receive, access or use information, materials, graphics, software, data and content (collectively, "Content") originated by ArrakisNet and persons other than ArrakisNet (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 ARRAKISNET IS 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 ARRAKISNET IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE ARRAKISNET WEB SITES, (2) ANY INCOMPATIBILITY BETWEEN THE ARRAKISNET 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 ARRAKISNET 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 ARRAKISNET 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
ArrakisNet may terminate this Agreement, or terminate or suspend your access to the ArrakisNet Web Sites at any time, with or without cause, with or without notice. Upon such termination or suspension, your right to use the ArrakisNet Web Sites will immediately cease. UPON SUCH TERMINATION OR SUSPENSION, ANY INFORMATION YOU HAVE STORED ON THE ARRAKISNET WEB SITES MAY NOT BE RETRIEVED LATER.
13. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES
If this Agreement is with ArrakisNet, claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the State of Arizona, without reference to conflict of laws principles. If this Agreement is with an ArrakisNet affiliate, claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the place of in for such ArrakisNet 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 ArrakisNet Web Sites are directed. If this Agreement is with an ArrakisNet affiliate, you hereby consent to the exclusive jurisdiction and venue of the courts located in the place of in for such ArrakisNet affiliate in all disputes arising out of or relating to the use of the ArrakisNet 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. ArrakisNet 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 ArrakisNet Web Sites. Except as expressly stated herein, this Agreement constitutes the entire agreement between you and ArrakisNet with respect to the ArrakisNet Web Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and ArrakisNet with respect to the ArrakisNet 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 ARRAKISNET. AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE ARRAKISNET 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 ArrakisNet Web Sites are Copyright © ArrakisNet and/or its suppliers. ArrakisNet , ArrakisNet, ArrakisNet logo (multicolored square logo), and/or other ArrakisNet products and services referenced herein may also be either trademarks or registered trademarks of ArrakisNet 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 ArrakisNet Web Sites servers is based in part on the work of the Independent JPEG Group. Copyright © 1991 -1996 Thomas G. Lane. All rights reserved.
17. 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. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
18. Any company or corporation and their respective logos are registered trademarks for those companies and their affiliates. ArrakisNet is not partnered or endorsed or supported or affiliated with any company displayed on the ArrakisNet Internet website or any of ArrakisNet's subordinate companies.
19. ArrakisNet makes no warranty either express or implied for any information or program you may see or download from our Internet website. You use this website and anything located ,or linked to, or from this website at your own risk.
20. ArrakisNet reserves the right to refuse service to anyone based on information learned while doing a company background check or based on information learned while in the conduct of doing business that is detrimental to the best interest of ArrakisNet or its employees or officers or subcontractors.
21. FOR INFORMATION REGARDING THE ARRAKISNET.COM PRIVACY STATEMENT CLICK HERE.