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Sweetwater Springs Water District ("Sweetwater Springs")
ONLINE PAYMENT TERMS OF USE
(December 2007)

NOTE: BY USING THE SWEETWATER SPRINGS ONLINE PAYMENT SERVICES,YOU WILL BE ACCEPTING THESE TERMS OF USE AND PRIVACY STATEMENT. IF YOU DO NOT ACCEPT THESE TERMS OF USE, PLEASE DO NOT USE THE SWEETWATER SPRINGS ONLINE PAYMENT SERVICES.

Policy updates

Please note that we may from time to time unilaterally amend the Terms of Use by posting revised language on this Web Site. The most up-to-date version of these Terms of Use will always be available for your review on the Web Site. Amendments will become effective at the time they are posted on this Web Site. Your continued use of the Services after amendments are posted will constitute your acceptance of such amendments. We may at any time modify or discontinue any aspect or component of the Services. If you breach any of these Terms of Use, we can terminate your right to use the Services. Upon termination, you agree to immediately delete or destroy any downloaded or printed material obtained from the Web Site and/or Services.

Terms of Use

1. General

You may use the Online Payment Service solely for your own internal, residential, or business purposes and pursuant to these Terms of Use.

2. Online Payment Service

Customers will be able to pay their Sweetwater Springs bills by using the online bill payment service ("Online Payment Service"). When a customer requests to pay a bill through our site, Sweetwater Springs, in conjunction with Authorize.Net, will debit the customer's credit card, checking account, or money market account that accepts electronic debits. To use the Online Payment Service, customers must accept Sweetwater Springs's Terms of Use and Privacy Statement.

3. User Conduct

While using the Online Payment Service, you may not:

a. retransmit, republish, distribute, reuse, resell, repost, re-engineer, or make multiple copies of the Online Payment Service or any portion thereof without the prior written permission of the District;

b. upload, post, publish, transmit, reproduce, or distribute through the Web site any material that infringes any third party's copyright, patent, trademark, service mark, trade dress, trade secret, or other proprietary rights, or which violates any contractual, fiduciary, or judicially-imposed nondisclosure obligations;

c. engage in conduct, during use of the Web site, that is unlawful, threatening, harassing, abusive, fraudulent, defamatory, libelous, or invasive of the privacy or publicity rights of others;

d. upload, post, publish, transmit, reproduce or distribute through this Web site any material that contains advertising solicitations, bulk unsolicited emails or spam, chain letters, pyramid opportunities, or offers for the sale of goods or services;

e. upload, post, publish, transmit, reproduce, distribute through this Web site, or place any links on this Web site to any material that is vulgar, obscene, profane, hateful, sexually explicit, or otherwise objectionable;

f. alter, interfere, or disrupt the content or functioning of the Website or the District's service, including but not limited to uploading, posting, or transmitting an material that (a) contains viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that damage, interfere with, capture, intercept, or expropriated the Web site or any data contained therein; or (b) disproportionately burdens the operation of the Web site;

g. use the Services to gain unauthorized entry or access to other computer systems or networks;

h. "mirror" the Services or any of its content on any other server without the express prior written permission of the District;

i. Impersonate any person or entity, falsely state, or otherwise misrepresent your affiliation with any person or entity, forge headers, or otherwise manipulate identifiers in order to disguise the origin of any content that you post or otherwise transmit to us via the Web site; or

j. Upload, post, publish, transmit, reproduce or distribute through this Web Site any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law, regulation, or government order.

4. Termination

In our sole and absolute discretion, we may, without notice, restrict or terminate any person's use of the web site or Online Payment Service,. Upon termination, you agree to immediately delete or destroy any downloaded or printed material obtained from the Web Site and/or Online Payment Service. Any such restriction or termination will not relieve any person of obligations incurred and accrued prior to the effective date of such termination.

5. Disclaimer of Warranties

a. The Web Site, Services and/or any content, information, software, functions, and applets provided on or through the Web Site and/or Online Payment Service are made available on an "as is" and "as available" basis. The District does not warrant that the Web site, Online Payment Service and/or any content or service provided in connection with the Web Site and/or Online Payment Service will be timely, secure, uninterrupted, or error-free, or that defects in the Web Site, Services and/or in any content or service provided on or through the Web site and/or Online Payment Service, if any exist from time to time, will be corrected. The District will not be responsible for errors, omissions, interruptions, deletions, defects, or delays in the operation or transmission of the Web Site, Online Payment Service and/or related content, for communication line failures, or for computer viruses associated with the operation of the Web site. The District makes no warranty regarding any information made available through or on the Web Site and/or Online Payment Service. THE DISTRICT MAKES NO EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE WEB SITE AND/OR SERVICES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEB SITE AND/OR SERVICES IS AT YOUR SOLE RISK.

b. No District employee, agent, representative, or any third party is authorized to create any warranty of any kind not expressly made in these Terms of Use.

6. Limitation of Liability

The District, its affiliates and subsidiaries, and their officers, directors, employees, agents, successors, or assignees, will not be liable to you or any third party for any indirect, consequential, incidental, exemplary, special, or punitive damages (including without limitation damages resulting from lost data, lost profits, or costs of procurement of substitute products or services) arising out of or in connection with the Web site or the Online Payment Service. In no event will the liability of the District, its affiliates or subsidiaries, or their officers, directors, employees, agents, successors, or assignees, under any theory of liability (whether in contract, tort, strict liability, or otherwise) exceed $500, regardless of whether such parties have been advised of the possibility of such damages. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATIONOF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THEDISCLAIMERS, EXCLUSIONS, OR LIMITATIONS IN THE PREVIOUS SECTION ("DISCLAIMER OF WARRANTIES") AND THIS SECTION ("LIMITATION OFLIABILITY") MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONALRIGHTS.

7. Indemnity

You agree to defend, indemnify, and hold harmless the District, its affiliates, and subsidiaries, and their officers, directors, employees, agents, successors, or assignees from any and all claims, liabilities, costs, and expenses (including reasonable attorneys' and experts' fees) arising in any way from your use of the Web site or the placement or transmission of any message, information, software, or other materials or content on or through the Web site by you or related to any violation of these Terms of Use by you.

8. Other

a. The District controls and operates this Web site from its headquarters in Guerneville, California, USA. If you use this Web site from other locations you are responsible for compliance with applicable local laws. These Terms of Use will be governed by the substantive laws of the State of California, as applied to contracts entered into between California residents and performed in California, regardless of whether you reside or transact business with the District in California or elsewhere. Use of this Web Site and/or Services will be deemed to take place solely in California. You agree that the courts located in Sonoma County, California, will have exclusive jurisdiction over any and all disputes arising out of or related to these Terms of Use or your use of the Web Site and/or Online Payment Service, and you will submit to the jurisdiction of such court. The prevailing party in any dispute will be entitled to its reasonable attorneys' fees and costs, in addition to all other available recovery and relief.

b. If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions.

c. The Terms of Use, which incorporates by reference the District's Web Site Terms of Use, state the entire agreement between you and the District relating to your use of the Web Site and/or the Online Payment Service, and all prior and contemporaneous agreements and understanding relating to the subject matter of these Terms of Use are superseded by and merged into these Terms of Use. These Terms of Use may not be amended except by District as provided at the beginning of these Terms of Use.