Agreement for Using Our Laptops

Welcome! This is a legal agreement ("Agreement") between you and Elegant Laptop, which is a division of Elegant Web Design LLC, and is in the business of providing laptop computers which are equipped to access the internet through a broadband wireless technology.

By clicking your acceptance or by accessing the Internet through the use of a laptop computer supplied by Elegant Web Design LLC, you represent that you have read all of the terms and conditions of this agreement, understand them, and agree to be legally bound by them. If you do not agree to this Agreement, you may not use the laptop computers provided by Elegant Web Design LLC.

For purposes of your using this Service, Elegant Web Design LLC will assume (and by using this Service you warrant) that either you have legal capacity to enter into this Agreement (i.e., that you are of sufficient age and mental capacity or are otherwise entitled to be legally bound in contract), or that your parent(s) or legal guardian(s) have consented to your use of this Service and accept this Agreement on your behalf.

You agree that you are fully responsible for your activities while using laptop computers provided by Elegant Web Design LLC (including for any content, information and other materials you access or transmit), and that you shall bear all risks regarding use of these laptop computers. You agree not to engage in any prohibited conduct. Broadly stated, prohibited conduct is any conduct that is unlawful, infringing, tortious or that is harmful (or puts at risk) to Elegant Web Design LLC or any other party or property; that violates another party's intellectual property, privacy or other rights; or that otherwise interferes with the operation, use or enjoyment of any service, system or other property.

By way of illustration and not limitation, prohibited conduct includes using these laptop computers to: (i) intercept, divert or otherwise interfere with any communication, (ii) violate the security or integrity of, or gain unauthorized access to, this Service or any other service, system or communication; (ii) impose an unreasonable or disproportionately large load on any systems or infrastructure; (iii) send "spam", chain letters, or other unsolicited communications to any party; (iv) create a "mail drop" for such communications, or engage or permit e-mail relay services (e.g., "open mail relay"); (v) "spoof" or otherwise impersonate any other party, falsely stating or otherwise misrepresenting your identity or affiliation in any way, or forge, delete or alter any part of TCP/IP packet header or sender identification information in any communication; (vi) commit fraud; (vii) harass, or threaten any party, advocate or otherwise encourage violence against any government, organization, group, individual or property, or provide instruction, information, or assistance in causing or carrying out such violence; (viii) disseminate viruses, Trojan horses, or other code or programming intended to damage, interfere with, intercept or expropriate any system, data or personal information; (ix) send or receive any material that could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, insulting, threatening, tortious, harassing, hateful or otherwise objectionable; (x) send or receive any material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability; (xi) send or receive material containing defamatory, false, or libelous material; (xii) send or receive any material that infringes or violates any intellectual property or other right of any entity or person, including, without limitation, copyrights, patents, trademarks, laws governing trade secrets, rights to privacy, or publicity; (xiii) send or receive any material that you do not have a right to make available under law or contractual or fiduciary relationships; (xiv) engage in conduct that would expose Elegant Web Design LLC or its service providers to civil or criminal liability; or (xv) assist others in engaging in prohibited conduct. This list is not intended to be exhaustive. Elegant Web Design LLC requires that you be a good Internet citizen when using these laptop computers to access the internet.

INDEMNIFICATION. You agree to indemnify, defend, and hold harmless Elegant Web Design LLC, its subsidiaries, agents, distributors, service providers and affiliates, and their respective officers, directors, shareholders and employees from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorneys' fees, resulting from your breach of any provision of this Agreement or any warranty you provide herein, or otherwise arising in any way out of your use of this Service. Elegant Web Design LLC reserves the right to take exclusive control and defense of any such claim otherwise subject to indemnification by you, in which event you will cooperate fully with Elegant Web Design LLC in asserting any available defenses.

CONSEQUENCES OF UNAUTHORIZED USE. Without limiting any other available right or remedy, Elegant Web Design LLC reserves the right to, and you agree that Elegant Web Design LLC shall have the right, to: (i) take such actions as it deems, in its sole discretion, to be appropriate to protect against violations of this Agreement or abuse of this Service and to otherwise protect its interests (e.g., removing offending material, blocking access, and suspending or terminating service), and (ii) investigate immediately and involve and cooperate with appropriate authorities regarding any illegal or unauthorized activities involving this Service. You agree that you will be liable to Elegant Web Design LLC for any damages incurred or amounts that are required to be paid by Elegant Web Design LLC that arise out of or are related to your violation of this Agreement, including, without limitation, damages paid to third parties, cost of repairs or replacements, and reasonable attorneys' fees and costs of enforcement.

YOU ARE RESPONSIBLE FOR YOUR SECURITY AND PRIVACY. Although privacy and security are important to Elegant Web Design LLC, you understand and agree that you shall have no expectation of privacy or security in your use of this Service. There are privacy and security risks associated with wireless communications and the Internet generally. You acknowledge that Elegant Web Design LLC makes no assurance that your communications or activities will be or will remain private or secure, and agree that Elegant Web Design LLC assumes no responsibility in that regard. You agree that you, and not Elegant Web Design LLC, are solely responsible for your own privacy and security in using this Service, and for implementing any protections you deem to be appropriate to protect and secure your privacy while using our equipment.

The Internet contains a variety of materials and information that may be offensive to you. You agree that you assume full responsibility and risk for your use of this Service and the Internet, and that you are solely responsible for evaluating the suitability, appropriateness or legality of any informational content or other materials you may encounter online. Elegant Web Design LLC may, but need not, provide screening of certain materials.

TERMINATION OF SERVICE; UPDATES TO THIS AGREEMENT. You agree that Elegant Web Design LLC may, at any time and for any reason, change, terminate, limit or suspend this Service (in whole or in part) or your access to this Service. Upon any termination, your rights to use this Service will immediately cease. Elegant Web Design LLC also reserves the right to update or revise this Agreement at any time without prior notice, and you agree that Elegant Web Design LLC may do so. Your continued use of this Service following an update to this Agreement signifies your acceptance of its revised terms.

[Last revision 7/2/05]

©2005 Elegant Laptop is a division of Elegant Web Design LLC [email]