INSTASITE User Agreement
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   This Agreement governs the INSTASITE® Service ("ISS") provided by Shupe Chang Technologies, Inc., a Hawaii corporation ("SCT"). This Agreement applies to any individual or entity using ISS for any reason ("You") regardless of whether You may be a browser, websurfer, or actual or potential purchaser or competitor. You should take the time to read and understand the entire Users Agreement as Your use of ISS constitutes Your express agreement to comply with and be bound by all of the terms and conditions set forth herein.
 
1.  DESCRIPTION OF ISS.
ISS is provided to You by SCT. ISS is intended to allow merchants to conduct business on the Internet in a cost effective and user-friendly manner and to foster and support the growth of an open and free Internet e-commerce market.
 
INSTASITE® and the INSTASITE® logo are the trademarks of Alaka'i Software, Inc., a Hawaii corporation. SCT is the sole and exclusive licensee that is allowed to use INSTASITE® and the INSTASITE® logo.
 
2.  ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
You understand and agree that your use of ISS for any reason constitutes your agreement to comply with and be bound by all of the terms and conditions of this Agreement.
 
3.  CHANGES TO THE AGREEMENT.
SCT reserves the right to change all or any part of this Agreement at any time at its sole discretion. Changes to this Agreement shall be effective upon posting on ISS or at a later date if so specified. Your use of ISS shall constitute Your agreement to and acceptance of such changes.
 
4.  REPRESENTATIONS BY YOU.
You make the following representations and warranties:
a.  Capacity . If You are an individual, You represent and warrant that You are of legal age and capacity to enter into and be bound by this Agreement, and to use ISS. If You are not an individual, You represent and warrant that You are an entity in good standing in Your place of formation and are legally able to enter into and be bound by this Agreement, and to use ISS.
b.  Intellectual Property and Other Rights. You understand and agree that the information and other materials included in ISS belong to SCT and/or the respective merchants or owners of logos, trademarks, servicemarks, copyrights, patents and/or other intellectual property. You agree to respect the rights of the owners of such intellectual property and agree not to infringe upon or otherwise violate the rights of the owners of such intellectual property.
c.  Compliance with Agreement. You shall, at all times, comply with the terms, conditions and intent of the Agreement.
d.  You are Responsible for the Proper Use of ISS. You understand and agree that the improper or unauthorized use of ISS is strictly prohibited. You shall not attempt to compromise the integrity or security of ISS. Your use of ISS is "at your own risk."
e.  You agree that all orders are subject to merchant verification and approval.
 
5.  LIMITATIONS ON YOUR USE OF ISS SOFTWARE.
The ISS software is the property of SCT. You are allowed to use the ISS software for the sole and limited purpose of using ISS. You may not copy, disseminate, modify, decompile, disassemble or reverse engineer the ISS software. Any act in violation of this paragraph is strictly prohibited.
 
6.  SCT'S DISCLAIMER OF LIABILITY AND WARRANTIES.
You understand and agree that SCT merely makes ISS available for Your enjoyment and to allow merchants to offer content, goods and services to the public. As with all technology, ISS may, from time to time, experience problems, conflicts, user error and acts of persons which may adversely affect the performance, reliability and/or security of ISS. SCT does not police the activities of the merchants, or the decency, legality or accuracy of the content, goods or services which merchants may offer on ISS. You should take the precautions which may be necessary to protect yourself as your use of ISS is "at your own risk."
 
YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL SCT BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR OTHER DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, BUSINESS, PROFITS, DATA OR GOODWILL), ARISING OUT OF OR RESULTING FROM (i) YOUR USE OF ISS, (ii) DELAY, INTERRUPTION, INABILITY OR PROBLEMS IN USING ISS, (iii) DEFECTS OR DEFICIENCIES IN ISS, (iv) PERFORMANCE, RELIABILITY OR SECURITY PROBLEMS WITH ISS, (v) ANY CONTENT, GOODS OR SERVICES OFFERED BY MERCHANTS, OR (vi) ANY ACTS, OMISSIONS, ERRORS, REPRESENTATIONS, WARRANTIES OR ADVERTISEMENTS OF MERCHANTS, EVEN IF SCT IS AWARE OF THE RISK OF SUCH DAMAGES.
 
YOU FURTHER UNDERSTAND AND AGREE THAT SCT IS PROVIDING ISS ON AN "AS IS" BASIS. SCT MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR SECURITY.
 
YOU FURTHER UNDERSTAND AND AGREE THAT THE MERCHANT SHALL BE SOLELY RESPONSIBLE FOR VERIFICATION OF ALL PRICING, TAXES, AND SHIPPING OR ANY OTHER INFORMATION RELATED TO TRANSACTIONS PLACED WITH THE MERCHANT THROUGH THE SERVICE.
 
7.  SECURE AND NON-SECURE CHECKOUT PAGES.
a.  Secure Checkout Pages. Purchases made on credit card enabled merchant sites are made via secure checkout pages. These checkout pages employ Secure Socket Layer (SSL) technology.
b.  Non-Secure Checkout Pages. Non-secure checkout pages may be used by certain merchants who desire quick-startup merchant sites. On these sites, You should decide how best to convey credit card, billing, and purchase information to the merchant.
 
8.  YOUR INDEMNITY DUTY.
You shall defend, indemnify and hold harmless SCT, and its parents, subsidiaries, affiliates, officers, directors, shareholders, employees, agents and representatives, from any loss, claim, allegation, damage, injury, demand, liability or expense (including attorney's fees and costs), resulting from or arising out of Your use of ISS, or Your breach of this Agreement.
 
9.  SCT'S INFORMATION POLICY.
a.  Use of Information. SCT respects Your privacy. Your credit card, billing, and purchase information goes directly via SCT's servers to the merchant. The merchant is solely responsible for the use of such information. SCT may maintain, create and store certain information to help SCT improve ISS.
b.  Disclosure of Information. SCT agrees to take reasonable measures to protect against the unnecessary disclosure of information which it may retain. However, You acknowledge that SCT may disclose information it has concerning You: (i) to comply with court order, subpoena or as required by law; (ii) to cooperate in any government investigation; (iii) in any dispute involving the Agreement; and/or (iv) as reasonably required for SCT's internal, marketing or other business purposes.
 
10.  MISCELLANEOUS.
a.  Choice of Law; Jurisdiction and Venue. This Agreement shall be construed, interpreted and the rights of the parties determined in accordance with the laws of the State of Hawaii. The parties agree that any action which in any way involves or arises out of ISS, the Site and/or the Agreement shall be brought in the Circuit Court of the First Circuit, State of Hawaii, or the United States District Court for the District of Hawaii. The parties agree to submit to the personal and exclusive jurisdiction of such courts for such lawsuits.
b.  Entire Agreement. The Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior agreements, understandings, negotiations and discussions, whether oral or written, of the parties.
c.  No Third-Party Beneficiary. This Agreement is for the benefit of, and may be enforced only by SCT, You, ISS Merchants, and any other parties protected by or indemnified hereunder, and is not for the benefit of, and may not be enforced by, any other third party.
d.  Invalidity. In the event that any one or more of the provisions contained in this Agreement or in any other instrument referred to herein, shall, for any reason, be held by a court to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision of this Agreement or any other such instrument.
e.  Headings. The headings used herein herein are inserted for convenience of reference only and are not intended to be a part of or to affect the meaning or interpretation of the Agreement.
f.  Number and Gender. In this Agreement, the singular shall include the plural, and the plural shall include the singular as the case may be and the use of any one gender shall include all genders.
 
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©1998 Shupe Chang Technologies, Inc.
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