CompuGen offers its Network, Computer Facilities, Hardware and Services available to persons who, for a fee as agreed, subscribe to CompuGen's services for commercial and personal purposes.   Each Subscriber agrees to the terms and conditions set forth in this Acceptable Use Policy (AUP). During normal usage of CompuGen's resources, Subscribers may utilize portions of the Internet that restrict commercial or other traffic as per its own AUP.  As  a condition of the service provided, CompuGen's subscribers must agree to abide by all AUP for any Networks that they traverse, and always comply with local, state and federal laws.

CompuGen exercises no control whatsoever over the content of the information passing through its Networks. 
CompuGen makes no warranties of any kind, whether expressed or implied, as to the availability, or content of the information, products, or services it is providing or which may be obtained through CompuGen's facility.

With respect to goods and services sold CompuGen expressly DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. Warranties on hardware and/or software purchased from CompuGen are limited to the written limited warranty, which accompanies merchandise. All sales are final.  Hardware comes with written limited warranties and there are no returns on software. Subscriber agrees that CompuGen will not be responsible for damages that are incurred or suffered. This includes but is not limited to, loss of data resulting from delays, non-deliveries, cross deliveries, or service interruptions caused by its own negligence or others omissions or errors.

The Subscriber agrees that its use of any information obtained through the use of the Internet through CompuGen as an ISP/Hardware Vendor  is at the Subscriber's own risk. CompuGen specifically disclaims any responsibility for the accuracy or quality of information obtained through its services as an ISP or vendor.

The services provided by CompuGen are expected to change from time to time. CompuGen reserves the right to change any service offered or the features of any service offered or its systems without notice, including changes to access and use procedures, such as idle disconnection, and systems hardware and software.

The Subscriber agrees that any liability of CompuGen, including without limitation any liability for damages caused or allegedly caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, of, or unauthorized access to, alteration of, or use of records, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action shall be strictly limited to the amount paid by or on behalf of the Subscriber to CompuGen for the current single month fee. 

CompuGen's Network and services may only be used for lawful purposes and consistent with all rights of other parties. Transmission of any material in violation with any United States, State or International Regulation is prohibited. This includes, but it not limited to copyrighted material, trademarks, material protected by trade secret, right of publicity, privacy right or any other right of any person or entity or for the purpose of transmitting or storing of material which is obscene, libelous or defamatory. Subscriber agrees to indemnify and hold harmless CompuGen from any claims resulting from use of the service, which damages the Subscriber or any other party.

The Subscriber agrees that it will not re-sell CompuGen Network and/or services to any person unless provided by conditions of a separate agreement.

These terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with terms and conditions of any order submitted. Use of CompuGen's services, Networks and Systems constitutes acceptance of these Terms.

Dial Up Access is NOT a Direct/Dedicated Connection.   
CompuGen does not permit Direct/Dedicated Connection on its Dial Up Access Network.   For Direct/Dedicated Connection please contact CompuGen for proper charges and server information. 

CompuGen requests that Subscribers log off if idle for more than 20 minutes.   This keeps system ratio and loads low and improved availability of services to other Subscribers.  CompuGen has the right to log Subscribers off the Network at any time. 

CompuGen does not permit Auto Dialers on its Dial Up Access.  CompuGen may temporarily over-ride log in when it is thought Subscriber is abusive of policies and procedures or using an Auto Dialer.   

Subscriber Web Page data may only be stored in the Subscriber's designated directory and space.

If Subscriber of either Virtual or Registered Domain Pages exceeds allocated amount of storage space, Subscriber is required to purchase additional storage space or reduce page size.   If disk space is exceeded for more than 5 days, a nominal fee will be assessed in accordance with current rate schedule.

CompuGen reserves the right to remove ANY Web Page found to be of questionable nature. 

CompuGen reserves the right to remove all Web Page data if Subscriber becomes delinquent. CompuGen is NOT responsible for data.

Bulk mailing (Spamming) of any type is prohibited.  Subscribers found to have violated Bulk Email Spamming policies will be charged One Hundred Dollars ($100.00) plus Sales Tax for Technical
Services (Email Server Purge and Rebuild).  Subscribers account will be terminated. 

Unsolicited commercial mail to multiple recipients is not allowed. CompuGen recommends you download mail to your system and not store mail on Mail Server.  CompuGen reserves the right to delete mail stored on Server if mailbox becomes in excess of allowed space.

An individual dial-up account entitles only the named Subscriber to log in, and only on one dial-up modem or TCP/IP connection at a time. Multiple individuals accessing a singular account is not permitted unless by special arrangement. A charge equal to the monthly service fee may be charged for additional concurrent login sessions within a billing period or commercial activities within an individual dial-up account.

Subscribers are specifically forbidden to engage in any of the following activities: Spoofing, Eavesdropping, Sniffing, Spamming, Breaking Passwords, Harassment, Fraud, Forgery, Electronic Trespassing, Tampering, Hacking, Nuking, System Contamination including without limitation use of Viruses, Worms and Trojan Horses or in any way causing unauthorized, damaging or harmful access and/or retrieval of information and data on any computer and any other forms of activity that may even be considered unlawful.

Either Subscriber or CompuGen may, at its sole discretion, terminate the Subscriber's account at any time with or without reason. CompuGen also may, at its sole discretion, suspend a Subscriber's account at any time with or without reason.   Cause for suspension shall exist whenever the system administrator or other member of management judges that the action of a login Subscriber is, or may be of such character as to threaten immediate harm to any computing facility, or to any Subscriber owing to apparent violation of any provision of this AUP. Monthly charges will not be pro-rated except at the time of activation of a new account. TERMINATION OR SUSPENSION DOES NOT RELEASE LIABILITY FOR NEITHER CHARGES DUE NOR ENTILTE SUBSCRIBER TO REFUND. CompuGen may delete all data, files or other information that is stored in Subscriber's account upon termination.

CompuGen's automatic credit card charging of monthly services will be processed once per month on a regular schedule for Internet Access. Automatic credit card charging for Support, Onsite Service, Domain Renewal or Registration, Hardware and Web Storage Space are charged when due regardless of Internet Access billing date.   Access to the account and all services may be restricted if credit card processing fails due to insufficient credit, unreported replacement numbers or unreported expiration extensions.  Authorization of credit card on file is to cover any and all charges or services requested by Subscriber. 

Any Subscriber requesting additional services included but not limited to: Onsite Service, Hardware, Computer Repair or Upgrade are to be billed at normal Compugen fees and are due upon completion of services.    If Subscriber has authorized valid credit card on file for billing the it is acceptable to submit an invoice for their remittance.  All remittance of invoices under these guidelines are DUE UPON RECIEPT.  Payment is to be processed immediately and remitted to Compugen. If payment for services have not be remitted within seven (7) days, Compugen is fully authorized to charge outstanding balance to the authorized credit card on file.   If after balance had been charged to authorized card on file and payment is received then at Subscribers request a credit to the card, credit on account or refund will be arranged

Invoices are submitted on established term accounts that have completed Compugen credit applications and have been approved.  Compugen normally does not issue term accounts other then for Governmental or Educational Institutions.   If Invoices for services are submitted, they are monthly in advance. The Subscriber agrees to pay monthly invoices immediately upon receipt.  All invoiced accounts require two (2) months' prepayment plus Activation upon start up.  All invoices are due upon receipt and considered past due after 5 days.   If  Subscriber elects to be invoiced monthly and payment remains unpaid for 15 days, a late payment fee of $5.00 and an interest fee of 1 1/2% per month on the past due outstanding balance will be assessed at the annual percentage rate of 18% per annum. Accounts that remain unpaid after 30 days of invoice date may have their service interrupted. Such interruption will not relieve the Subscriber from the obligation to pay monthly charges.  If Subscriber fails to pay charges due, Subscriber agrees to pay CompuGen reasonable collection expenses, including attorney and collection agency fees.

Subscriber must notify CompuGen in writing via U.S. Mail of cancellation of account.  Email cancellations are not acceptable.  Subscriber is liable for all charges until written cancellation notification is received at which time account will be closed immediately.  Accounts can not be closed until account balance is clear.  If at the requested closing time of account, the Subscriber has made no effort to clear account balance,  the account balance will be charged to the authorized credit card listed on file for payment and account will be closed.   Subscriber is liable for all fees, late charges and interest on account until balance is paid.   

All request for refunds are processed through CompuGen management and are issued at their sole discretion. CompuGen is not liable to issue refunds on account cancellations regardless of cause.

Rate changes will be effective when published on-line on CompuGen's home page.

CompuGen reserves the right to modify, changes, and reformat this document as it deems necessary without permission or consent of it's Network Subscribers.

Subscriber's account and right to use CompuGen's services and systems is not transferable without CompuGen's consent.

Subscriber agrees to protect its password and account and to keep them secure from unauthorized users and use. Unless CompuGen has some reason to believe that the Subscriber's account has been broken into by means beyond your control, the Subscriber will be responsible for anything transactions occurring or charges incurred.

USES OF COMPUGEN'S SERVICES AND SYSTEMS AND THE INTERNET IN GENERAL ARE AT SUBSCRIBER'S SOLE RISK.  COMPUGEN DOES NOT WARRANT THAT ITS SERVICES AND SYSTEMS WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES COMPUGEN MAKE ANY WARRANTY AS TO THE RESULTS OR INFORMATION OBTAINED FROM USE OF ITS SERVICE OR SYSTEMS OR THE INTERNET IN GENERAL. COMPUGEN'S SERVICES AND SYSTEMS ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED EXCEPT TO THE EXTENT ANY WARRANTY CANNOT BE DISCLAIMED UNDER APPLICABLE LAW. UNDER NO CIRCUMSTANCES SHALL COMPUGEN BE LIABLE FOR ANY INDIRECT, INCIDENTAL, DIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS. THE MAXIMUM LIABILITY OF COMPUGEN TO ANY SUBSCRIBER OR USER FOR ANY AND ALL LOSS, CLAIM DAMAGE OR LIABILITY OR ANY KIND, INCLUDING, BUT NOT EXCLUSIVE, DUE TO COMPUGEN'S NEGLIGENCE, SHALL BE LIMITED TO THE AMOUNT PAID BY THE SUBSCRIBER OR USER TO COMPUGEN DURING THE ONE-MONTH PERIOD PRECEDING THE CLAIM.

The Subscriber agrees to indemnify and hold harmless CompuGen, its directors, officers, shareholders, agents, employees and its other subscribers from any and all claims, liabilities, damages, or expenses, including attorney fees, arising out of or resulting from any and all use of Subscriber's account whether or not authorized. The Electronic Communications Privacy Act (ECPA) requires we notify all Subscribers if we do not offer the privacy of e-mail and files accorded paper mail. The Subscriber is hereby so notified. The Subscriber should assume that any e-mail or other communications may be seen by others, either because of software problems or because CompuGen must reserve the right, on rare circumstances, to monitor a Subscriber's mail or any file on the system, as a necessary incident to providing service and otherwise to protect the rights or property of CompuGen. CompuGen make all reasonable efforts to protect the Subscriber's privacy and will not disclose any information obtained by reading private communications. If CompuGen observes evidence of illegal activity being conducted through its facilities and systems, CompuGen will take reasonable measures to stop it, notifying the appropriate law enforcement agency. CompuGen will not disclose any such information unless required to operate its systems or pursuant to a court order, subpoena, or similar legal request or otherwise on the advice of counsel.

These terms and conditions supersede all other written and oral communications or agreements with regard to the subject matter. A waiver or modification of these terms and conditions shall only be effective if in writing signed by an authorized officer of CompuGen. CompuGen is a division of HONEYSPIDER.  These terms and conditions shall be governed by and interpreted in accordance with the laws of the State of Texas without regard to choice of law principles. THE USING OF COMPUGEN NETWORK, ITS SERVERS OR/AND SERVICES DEEMS YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS.

If you have any questions regarding this or any other matter please EMAIL us!