171 lines
10 KiB
HTML
171 lines
10 KiB
HTML
<!DOCTYPE HTML PUBLIC "-//W3C//DTD HTML 4.0 Transitional//EN">
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<HTML>
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<HEAD>
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<META HTTP-EQUIV="CONTENT-TYPE" CONTENT="text/html; charset=utf-8">
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<TITLE>Vivox Acceptable Use Policy</TITLE>
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</HEAD>
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<BODY>
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<H1>Acceptable Use Policy (AUP)</H1>
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<OL>
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<LI><P>BACKGROUND: Users of the online
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voice services provided by Vivox, Inc. (“Vivox”) (the
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“Service”), through the act of utilizing the Service, agree to
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adhere to this Acceptable Use Policy (the “Policy”). Vivox
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reserves the right to immediately terminate a user’s access to the
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Service if the user engages in any of the activities prohibited by
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this Policy or uses the Service contrary to this Policy. Each user
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is responsible for all activities conducted under its account. The
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user is also responsible for adhering to any policy set forth by any
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other service provider accessed through the Service; Vivox, and its
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suppliers and providers, assume no responsibility or liability for a
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user’s failure to comply with the Policy. The user acknowledges
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that Vivox may have access to information about or provided by the
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user, including diagnostic information sent automatically after a
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problem or error, and agrees to such access and use.</P>
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<LI><P>PROHIBITED USES AND ACTIVITIES:
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Users shall not provide inaccurate or misleading information to
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Vivox or use the Service to: (i) access any other person's computer
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or computer system, software, or data without their knowledge and
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consent; or breach the security of another user; or attempt to
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circumvent the user authentication or security of any host, network,
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system, or account, which includes, but is not limited to, accessing
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data not intended for the user, logging into or making use of a
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server or account the user is not expressly authorized to access, or
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probing the security of other hosts, networks, or accounts; or use
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automated means (such as robots and spiders) to obtain information
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from Vivox’s website or, though it, from other websites; (ii)
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interfere with computer networking or telecommunications service to
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any user, host or network, including, without limitation, denial of
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service attacks, flooding of a network, overloading a service,
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improper seizing and abuse of operator privileges and attempts to
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"crash" a host; (iii) violate the rules, regulations, or
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policies applicable to any network, server, computer database, or
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service that accessed by the user; (iv) transmit, re-transmit, or
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store any content or to engage in any activity that infringes the
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intellectual property rights or privacy rights of Vivox or any
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individual, group or entity, including but not limited to any rights
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protected by any copyright, patent, trademark, trade secret, trade
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dress, right of privacy, right of publicity, moral rights or other
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intellectual property right now known or later recognized by
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statute, judicial decision or regulation; (v) host, post, transmit,
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or re-transmit any content or material that is threatening,
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harassing, obscene, indecent, pornographic, hateful, malicious,
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racist, defamatory, libelous, treasonous, excessively violent or
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promotes the use of violence, or provides instruction, information
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or assistance in causing or carrying out violence against any
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government, organization, group or individual, or provides guidance,
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information or assistance with respect to causing damage or security
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breaches to or Vivox's network or to the network of any other
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service provider; (vi) commit an act that constitutes a criminal
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offense, gives rise to civil liability, or otherwise violates any
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applicable local, state, federal or international law, or (vii)
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encourage conduct that would constitute a criminal offense, give
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rise to civil liability, or otherwise violate any applicable local,
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state, federal or international law.</P>
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<LI><P>SECURITY: In all cases, the user
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is solely responsible for the security of any device or application
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it chooses to connect to the Service, including any data stored on
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or communications passed. </P>
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<LI><P>TRADEMARKS AND COPYRIGHTS.
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“Vivox,” “Powered by Vivox” and similar marks are the
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property of Vivox. All other names, graphics, logos, marks and trade
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names used in connection with this Service, are the property of
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their owners and suppliers and may not be used without permission
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for any purpose. The copyright in the Vivox website and Service and
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all related materials are owned by Vivox or its suppliers unless
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otherwise stated. </P>
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<LI><P><STRONG>DISCLAIMER OF WARRANTIES.
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THE SERVICE IS PROVIDED "AS IS" AND "WITH ALL
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FAULTS," AND PROVIDER AND VIVOX HEREBY DISCLAIM ALL WARRANTIES,
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EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION (I) WARRANTIES OF
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MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE AND
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NON-INFRINGEMENT, AND (II) ANY WARRANTIES CONCERNING THE SECURITY,
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RELIABILITY OR PERFORMANCE OF THE SERVICE. Certain states prohibit
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the disclaimer of warranties in certain cases, so the above may not
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apply to all users in all instances.<BR><BR>THE DOWNLOADING OR
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SUBMISSION OF ANY MATERIALS IS DONE AT THE USER’S OWN RISK, AND
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THE USER IS SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO ANY
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CONTENT, IMAGE, COMPUTER SYSTEM OR DATA THAT MAY RESULT FROM USING
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THE SERVICE.</STRONG></P>
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<LI><P><STRONG>EXCLUSION OF DAMAGES. TO
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THE FULLEST EXTENT ALLOWED BY LAW, VIVOX SHALL NOT BE LIABLE FOR ANY
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INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING INCIDENTAL, SPECIAL,
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EXEMPLARY AND PUNITIVE DAMAGES, RESULTING FROM THE USE OR PROVISION
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OF THE SERVICE, EVEN IF THE POSSIBILITY OF SUCH DAMAGES IS KNOWN.
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Certain states prohibit the limitation of liability in certain
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cases, so the above may not apply to the user in all instances.</STRONG></P>
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<LI><P>ENFORCEMENT OF THIS POLICY: Vivox
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does not routinely monitors the activity of Service accounts for
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violation of this Policy. Vivox reserves the right at any time to
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monitor usage, transmissions, and content from time to time to
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operate the Service; to identify violations of this Policy; and/or
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to protect the network, the Service and/or other users. If the
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Service is used in a way that Vivox, in their sole discretion,
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believe violate this Policy, it may take any responsive actions they
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deem appropriate, including, but are not limited to, the immediate
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suspension or termination of all or any portion of the Service.
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Vivox will have no liability for any of these responsive actions.
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These actions are not exclusive remedies and Vivox may take any
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other legal or technical action deemed appropriate. The user
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expressly authorizes Vivox to cooperate with (i) law enforcement
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authorities in the investigation of suspected legal violations, and
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(ii) any system administrators at other Internet service providers
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or other network or computing facilities in order to enforce this
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Policy. This cooperation may include making available personally
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identifiable information about users to law enforcement or system
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administrators. The failure to enforce this Policy, for whatever
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reason or for no reason, shall not be construed as a waiver of any
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right to do so at any time. The user agrees that if any portion of
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this Policy is held invalid or unenforceable, such portion will be
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construed consistent with applicable law as nearly as possible, and
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the remaining portions will remain in full force and effect. The
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user agrees to indemnify, defend and hold harmless Vivox and its
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affiliates, suppliers, providers, and agents against all claims and
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expenses (including reasonable attorney fees) resulting from users
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engaging in any of the prohibited activities listed in this Policy
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or resulting from users violating the Policy or any other posted
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policy related to the Service. The foregoing user indemnification
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will survive any termination of the user’s agreements with Vivox .</P>
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<LI><P>ARBITRATION. Except for the right
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of a party to seek equitable relief, any disputes arising under or
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related to this Agreement (“Dispute”), excluding any Dispute
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relating to the validity or infringement of any intellectual
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property right, will be resolved by negotiation, mediation and, if
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necessary, arbitration, as follows. The party raising such Dispute
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will promptly advise the other party in writing describing in
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reasonable detail the nature of such Dispute (“Notice of
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Dispute”). The parties will negotiate in good faith to resolve the
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Dispute, but if they have not done so within thirty (30) days, the
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parties will submit the Dispute to a mutually agreed mediation
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organization. If the parties are unable to resolve the Dispute
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within sixty (60) days after delivery of the Notice of Dispute, then
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the Dispute will be resolved by a single arbitrator in a final and
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binding arbitration under the then current procedural rules of the
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American Arbitration Association. All proceedings will be conducted
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in the English language in Boston, Massachusetts. The arbitrator
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will have no power to modify the terms or conditions of this
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Agreement, or to award punitive damages. Any award rendered in such
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arbitration may be enforced by either party in any Court of
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competent jurisdiction.</P>
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<LI><P>GENERAL TERMS. This Agreement is
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governed by the laws of the Commonwealth of Massachusetts. No
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agency, partnership, joint venture, employment or franchise
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relationship is intended or created by this Agreement. This AUP
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constitute the entire agreement between the parties concerning the
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use of the Service. If any provision of this Agreement is found to
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be unenforceable, it shall be deemed modified to the least extent
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needed to make the provision enforceable; the remaining terms of
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this Agreement shall remain in full force and effect. Vivox reserves
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the right to disclose any information about any user as required by
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a court order or as recommended by counsel in the context of any
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action by any government entity or other third party.</P>
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<LI><P>CHANGES TO THIS POLICY. Vivox may
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revise its Acceptable Use Policy from time to time without prior
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notice. Any changes will be presented in the latest version at the
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Vivox web site. All revised copies of the Policy are effective
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immediately upon a user’s first use of the Service after the
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change has been posted.</P>
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</OL>
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</BODY>
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</HTML>
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