Someday, sometime I will be very happy
that I have this PK - Legal Disclaimer page.

It's getting kinda nessecary these days.

The rest of the page is just really boring legal stuff.
We hope you and I will never need it.
Basically it protects us from all the nasty things.
To be truethfull, there are some things we stay responsible for.
But basically we provide and you enjoy all; happy and sad.




Unless otherwise indicated, this website and its contents are the property of Pallieter Koopmans ("PK") and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws.

PK MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS WEBSITE OR ITS CONTENTS, WHICH ARE PROVIDED FOR USE "AS IS." PK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE WEBSITE AND ANY WEBSITE WITH WHICH IT IS LINKED. PK DOES NOT WARRANT THAT THE FUNCTIONS, INFORMATION OR LINKS CONTAINED ON THE WEBSITE, OR ITS CONTENTS, WILL MEET YOUR REQUIREMENTS, THAT THE WEBSITE, OR ITS CONTENTS, ARE FIT FOR ANY PARTICULAR PURPOSE OR THAT THE OPERATION OF THE WEBSITE, OR ITS CONTENTS, WILL BE UNINTERRUPTED, ERROR-FREE, OR VIRUS-FREE. PK ALSO MAKES NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE INFORMATION ACCESSIBLE VIA THIS WEBSITE, OR ANY WEBSITE WITH WHICH IT IS LINKED, IS ACCURATE, COMPLETE, OR CURRENT. PRICE INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.

In no event shall PK or its employees, agents, suppliers, or contractors be liable for any damages of any kind or character, including without limitation any compensatory, incidental, direct, indirect, special, punitive, or consequential damages, loss of use, loss of data, loss of income or profit, loss of or damage to property, claims of third parties, or other losses of any kind or character, even if PK has been advised of the possibility of such damages or losses, arising out of or in connection with the use of this website or any website with which it is linked.

© copyright 1997 Pallieter Koopmans All rights reserved.


This version (17-04-1995) is still in place as of 01-01-1997.

THE INFORMATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. PKCompany DISCLAIMS ALL WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL PKCompany OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, LOSS OF BUSINESS PROFITS OR SPECIAL DAMAGES, EVEN IF PKCompany OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES SO THE FOREGOING LIMITATION MAY NOT APPLY.

Service Agreement

ACKNOWLEDGMENT AND ACCEPTANCE OF PKCompany LEGAL AGREEMENT. PKCompany, shall provide products and services to you ("Customer") under the terms and conditions of the PKCompany Service Agreement ("the Agreement"). BY ACCESSING THIS PAGE COLLECTION, YOU AGREEING TO THE TERMS AND CONDITIONS AS DISCRIBED HEREIN.

ACCEPTABLE USE POLICY. The following policy governs the use of the PKCompany Service by Customer.
Customer will comply with the terms and spirit of the Agreement.

(a) Customer shall not use the PKCompany Service for spamming. Spamming includes, but is not limited to (1) The sending of unsolicited email. (2) Posting a commercial ad to USENET newsgroups that do not permit it. (3) Posting an article containing binary encoded data to non-binary newsgroups. (4) Posting of off-topic messages to newsgroups. (5) Cross-Posting. (6) Email harrassment of another Internet user or users including but not limited to, transmitting any threatening, libelous or obscene material, or material of any nature which could be deemed to be offensive. Customer shall not use PKCompany in a manner which violates any city, state, national or international law or regulation, or which fails to comply with accepted Internet protocol. Customer shall not attempt to interfere in any way with PKCompany networks or network security, or attempt to use PKCompany to gain unauthorized access to any other computer system. (b) Customer shall at all times provide PKCompany with accurate information. Customer shall immediately notify PKCompany of any security breach in or unauthorized use of Customer's privaleges. Customer shall not interfere in anyway with another customers use of PKCompany. Customer shall not resell, rent, lease, grant a security interest in, or make commercial use of the PKCompany services without the express written consent of PKCompany.

PKCompany retains the right, at PKCompany's sole discretion, to terminate any and all parts of the PKCompany Service provided to Customer, without refunding Customer for any annual fees paid but not yet accrued, if it determines that Customer has failed to comply with any of the terms of the Acceptable Use Policy. In addition, if PKCompany determines that Customer has failed to comply with any of the terms in Section (a) above, of the Acceptable Use Policy, PKCompany shall when appropriate, (1) facilitate criminal prosecution against such Customer by referring Customer's (spamming) activity to the appropriate legal authorities, and (2) bring a civil action against such Customer, who shall be liable to PKCompany for any direct, indirect, special, incidental, or consequential damages incurred by PKCompany as a result of Customer's spamming activity.

Title, ownership rights, and intellectual property rights in all content and material that is part of, contained in, or accessed through the PKCompany Service, and provided by either PKCompany or sponsors or any other content provider shall remain in PKCompany and/or its sponsors or any other content provider. Such content and materials are protected by the copyrights, trademark, service mark and patent laws and treaties.

PRIVACY. PKCompany will not monitor or disclose the contents of Customer's private communications or access log unless required to do so by law or in the good faith belief that such action is necessary to protect and defend PKCompany's rights or property, or under exigent circumstances to protect the personal safety of its customers or the public. Customer's account shall be password protected and Customer shall be solely responsible for maintaining the confidentiality of Customer's password. Customer agrees that certain PKCompany product offerings may require technical processing of email messages.

NOTICE. Any notice required under the Agreement shall be given as follows: Notice from Customer to PKCompany shall be in writing and shall be made either via email or certified mail; Notice from PKCompany to Customer shall be in writing and shall be made either via email, certified mail or may be posted at the login page of the PKCompany website.

DISCLAIMER OF WARRANTY. PKCompany EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE PKCompany SERVICE. THE PKCompany SERVICE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE ENTIRE RISK AS TO THE PERFORMANCE OF, OR ARISING OUT OF THE USE OF THE PKCompany SERVICE IS BORNE BY CUSTOMER. PKCompany MAKES NO WARRANTY REGARDING ANY GOODS, INFORMATION OR SERVICES PURCHASED OR OBTAINED THROUGH THE USE OF THE PKCompany SERVICE. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO CUSTOMER AND CUSTOMER MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION.

LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL PKCompany OR ITS LICENSORS OR RESELLERS BE LIABLE TO CUSTOMER OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM THE USE OF OR THE INABILITY TO USE THE PKCompany SERVICE, THE PERFORMANCE OF PKCompany SERVICE, OR DAMAGES FOR LOSS OF GOODWILL, BUSINESS PROFIT, BUSINESS STOPPAGE, LOSS OF DATA OR BUSINESS INFORMATION, COMPUTER DAMAGE, OR DAMAGES RESULTING FROM UNAUTHORIZED ACCESS TO OR CHANGES MADE TO CUSTOMER'S TRANSMISSIONS OR DATA, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL PKCompany BE LIABLE FOR ANY DAMAGES IN EXCESS OF WHAT PKCompany RECEIVED FROM CUSTOMER FOR THE PKCompany SERVICE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO CUSTOMER.

INFRINGEMENT. Customer represents that the Customer ID selected by the Customer, when used alone or combined with a second or third level domain name, does not interfere with the rights of any third party and is not being selected for any unlawful purpose. Customer acknowledges and agrees that if such selection does interfere with the rights of any third party or is being selected for any unlawful purpose PKCompany may immediately suspend the use of such PKCompany ID, and Customer will indemnify and hold PKCompany harmless, in accordance with the Indemnification section below, for any claim or demand against PKCompany that arises out of such selection. Customer acknowledges and agrees that PKCompany shall not be liable to Customer in the event PKCompany is ordered or required, as a result of a court order or legal settlement, to desist from using or permitting the use of a particular domain name as part of an PKCompany ID. If as a result of such action, Customer loses an email address or PKCompany Customer ID, the Customer's sole remedy shall be the receipt of a replacement PKCompany ID.

MODIFICATION. PKCompany reserves the right to modify the PKCompany Service or change the terms and conditions of the Agreement. PKCompany will provide notice of any changes to the PKCompany Service or to the Agreement by posting the changes as part of the login page of the PKCompany website. Customer not wishing to be bound by the modified Agreement may terminate the PKCompany services pursuant to the Termination section below. Continued use of the PKCompany Service after such notice has been posted shall be deemed an acceptance by the Customer to be bound by the terms of the modified Agreement.

INDEMNIFICATION. Customer agrees to indemnify and hold PKCompany, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Customer's use of the PKCompany Service, the violation of the Agreement by Customer, or the infringement by Customer, or other user of the PKCompany Service using Customer's computer, of any intellectual property or other right of any person or entity, or as a result of any threatening, libelous, obscene, harassing or offensive material contained in any Customer communications.

TERMINATION. PKCompany Services may be terminated, effective immediately, by either PKCompany or Customer at any time upon written notice to the other party. Upon termination Customer's right to use the PKCompany Service immediately ceases, and PKCompany is not obligated to finnish business with Customer or any third party. PKCompany shall not be liable to Customer or any third party for termination of the PKCompany Service.

SEVERABILITY. If any provision hereof shall at any time be held to be void, invalid or unenforceable, such provision shall be construed as severable and shall not in any way affect or render void, invalid or unenforceable any other provision of this Agreement, and this Agreement shall be carried out as if such void, invalid or unenforceable provision were not part of this Agreement.

ACTION LIMIT. Customer and PKCompany agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

NO WAIVER. No waiver on the part of PKCompany to exercise, and no delay in exercising, any right, power or provision hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or provision hereunder preclude the exercise of that or any other right, power or provision.

HEADINGS. The headings in this Agreement are for convenience only and shall not affect the meaning or interpretation of this Agreement or any provision thereof.

ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings, whether oral or written, relating to the subject matter hereof.

GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of New York applicable to agreements executed and performed wholly within the State of New York.