USER AGREEMENT

1) RESPONSIBILITY:

CyberCharlie, Business Managers, Agents, Officers, Employees and/or Relatives will herein

Be referred to as "CharlieCharlie."

CyberCharlie is not accountable for any information, material, data, graphics, photos or e-mail that

may by offensive discriminatory, pornographic, illegal or immoral; received from anywhere or

found anywhere on the internet which are linked to the CyberCharlie web site. The user’s storage, retrieval, or uploading of offensive, discriminatory, pornographic or illegal subject matter onto or through the CyberCharlie web site and network is prohibited. Any user reported or found uploading any of the aforementioned subject matter through or onto any network or newsgroup will be held liable for any and all damages; criminal, civil or monetary.

It is the responsibility of the individual user entering CyberCharlie’s web site and network or any external network to abide by the agreements and rules set forth by the external network and the laws that govern the internet.

It is the responsibility of the parents or guardians of any users who are under the age of 18, to supervise the child’s usage of the internet. The parents or guardians will be held liable or accountable for the actions of the minor child. Any user and/or their legal guardian agrees that CyberCharlie can in no way be held liable or responsible for the downloading of any viruses or programs by anyone; or the user, that causes loss and or damage to files, programs, operating systems or configuration of any computer system or systems.

All services and software are considered AS IS and have no warranty or guarantee whatsoever. CyberCharlie is not responsible for a customer dialing the wrong number or a web site that hangs up your modem to dial a toll change site. Please verify any number you dial and check to see that it is considered local to your phone service.

CyberCharlie reserves the right to restrict any site or e-mail server and there is no guarantee that all sites will be available. Most all sites that are not available or have web site errors are due to external networks and are out of CyberCharlie’s control.

2. LIMITED LIABILITY:

Users expressly agree that use of CyberCharlie’s equipment is at User’s sole risk. CyberCharlie, affiliates, agents, third parties, information providers, resellers or the like, warrant that CyberCharlie’s services will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the sue of the service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through CyberCharlie, unless otherwise expressly stated in this Agreement.

Under no circumstances, including negligence, shall CyberCharlie, or any one else involved in creating, producing or distributing CyberCharlie’s services, be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use CyberCharlie’s services; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, equipment failure, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to CyberCharlie’s records, programs, diary link or services.

Under no circumstances, including defamation, discrimination, damages for, damages for not, or any other direct or indirect incident that may result from the on line diary written by Peggy Penny, shall Peggy Penny be liable for any incidental, special or consequential damages, that result from the reading of, or use of the line diary by Peggy Penny. The on line diary link written by Peggy Penny is an expression of freedom of speech guaranteed by the US Constitution and Bill of Rights.

US Copyrights protect the diary written by Peggy Penny. Any and all distribution of the diary written by Peggy Penny is strictly prohibited without written consent.

Not withstanding the above, User’s exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate dollar amount which user paid during the term of this agreement. In no way will CyberCharlie be liable to you; whether in contract or in tort or under any other legal theory, including strict liability, for any damages, including, but without limitation, direct or indirect, special, incidental, punitive, negligent, exemplary, consequential, lost profits or revenues or damages arising out of or in connection with this Agreement.

3. INDEMNIFICATION:

Users agree that it shall defend, indemnify, save and hold CyberCharlie from any and all demands, liabilities, losses, costs and claims, including but not limited to reasonable attorney’s fees, asserted against CyberCharlie, resellers and customers, that may arise or result from any service provided or performed or agreed to be performed or any product sold by user, it’s agents, employees or assignees. Users agree to hold harmless CyberCharlie against liabilities arising out of any injury to persons or property caused by any products sold or otherwise distributed in connection with CyberCharlie’s equipment. Users agree to hold harmless CyberCharlie against any materials supplied by user infringing or allegedly infringing on the proprietary rights of a third party, copyright infringement, trademark infringement, and/or any defective product which user bought or sold using CyberCharlie’s service.

4. USAGE:

At no time will a user be allowed to use, subdivide or subcontract any of the CyberCharlie web site or material supplied within, for business use, business or personal gain. Web site material used for business, business or personal gain is subject to business rates.

At no time will a user be allowed to defame, alter, distort and/or otherwise change the materials supplied within the CyberCharlie web site, not for business use, commercial use, personal gain; or for defamation of character, harassment or negative promotion of the CyberCharlie image. Web site material used for business, promotion or personal gain is subjected to business rates.
  1. SECURITY:

    2. It is agreed that CyberCharlie and it’s representatives have the right to investigate, monitor for any reason and/or terminate any user which is perceived to be engaged in suspicious activity, computer tampering and or jeopardizing any network security. In no way shall a user give their usage to another person, or duplicate use by any means, for personal or for business use. In no way is usage of CyberCharlie web site transferable, for resale or for trade, for personal or for business use. User may not rent, lease, loan, resale, distribute or network any usage provided by the CyberCharlie web site. Users are not allowed to spam or send bulk e-mail to or from the CyberCharlie system. You are not allowed to dial our system to use any mail server to spam or bulk e-mail. You are not allowed to sell off your usage information to anyone for any reason.

     

  2. EQUIPMENT:

    3. CyberCharlie is not responsible for user’s computer hardware, software or configuration setup. Some Windows or Mac computers may require modification. A minimum of $65 fee will be charged for any house call or in office computer repair unless other arrangements are made. 56 FLEX/X2/V.90 connections are totally based on the quality and conditions of your computer, modem and or phone lines. A poor phone line condition, call waiting, voice mail, noise or filters on the line may result in disconnection and low speed. Please check with your phone company to have your line checked or repaired.

     

  3. PAYMENT / TERMINATION:

 

Payment for services is the responsibility of the contract holder and is due upon date of service. It is the contract holder’s responsibility to mail, drop off payment or set up an auto credit payment to be received by CyberCharlie no later than 5 days after the due date. Al contracts are considered active and due for each, unless cancelled in writing by the client. Any payment not received within 5 days after the due date will be considered past due, may be placed on hold and will be charged the standard interest rate for late fee, for each month. All accounts must be paid in full in order to be closed. Any uncollectable accounts will be sent to collection. There will be a minimum of $25 processing fee and any and all attorney’s fees and court costs, plus past due account payable to CyberCharlie.

Contract holders wishing to terminate a contract must notify CyberCharlie in writing a minimum of 10 days prior to contract performance. Voice mail, e mail is not accepted as cancellation of a contract if the account has become past due. CyberCharlie reserves the right to terminate any unpaid contract without further notice. There will be a $35 charge on any returned check.

This agreement with all 7 (seven) sections above represents the complete agreement and understanding between CyberCharlie and the users; and supersedes any other written or oral agreement. Upon notice published on-line via CyberCharlie.com, CyberCharlie may modify these terms and conditions, amplify them, and/or modify the prices, as well as discontinue or change the services offered. It is the user’s responsibility to read and understand these terms and conditions. This agreement shall be governed and construed in accordance with the laws of the State of California and laws governing the internet.