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The Web Site provided
by NorthWrite is comprised of various Web sites
and Web pages. The Web Sites are offered to you conditioned on
your acceptance without modification of the terms, conditions, and
notices contained herein. Your use of the Web Sites constitutes
your agreement to all such terms, conditions, and notices. Your
use of a particular Web Site included within the Web Sites may
also be subject to additional terms outlined elsewhere in this
agreement (the "Additional Terms"). Additionally, the Web Sites
may themselves contain additional terms that govern particular
features or offers (for example, sweepstakes or chat areas).
In the event that any
of the terms, conditions, and notices contained herein conflict
with the Additional Terms or other terms and guidelines contained
within any particular Web Site, then these terms shall control.
Unless otherwise
specified, the Web Site is for your personal and non-commercial
use. You may not modify, copy, distribute, transmit, display,
perform, reproduce, publish, license, create derivative works
from, transfer, or sell any information, software, products or
services obtained from the Web Site.
The Web Site may
contain links to third party Web sites ("Linked Sites"). The
Linked Sites are not under the control of NorthWrite and NorthWrite is
not responsible for the contents of any Linked Site, including
without limitation any link contained in a Linked Site, or any
changes or updates to a Linked Site. NorthWrite is not responsible
for webcasting or any other form of transmission received from any
Linked Site nor is NorthWrite responsible if the Linked Site is not
working appropriately. NorthWrite is providing these links to you
only as a convenience, and the inclusion of any link does not
imply endorsement by NorthWrite of the site or any association with
its operators. You are responsible for viewing and abiding by the
privacy statements and terms of use posted at the Linked Sites.
Any dealings with third parties (including advertisers) included
within the Web Site or participation in promotions, including the
delivery of and the payment for goods and services, and any other
terms, conditions, warranties or representations associated with
such dealings or promotions, are solely between you and the
advertiser or other third party. NorthWrite shall not be responsible
or liable for any part of any such dealings or promotions.
As a condition of your
use of the Web Site, you will not use the Web Site for any purpose
that is unlawful or prohibited by these terms, conditions, and
notices. You may not use the Web Site in any manner that could
damage, disable, overburden, or impair any Web Site(s) (or the
network(s) connected to any Web Site(s)) or interfere with any
other party's use and enjoyment of any Web Site(s). You may not
attempt to gain unauthorized access to any Web Site, other
accounts, computer systems or networks connected to any Web Site,
through hacking, password mining or any other means. You may not
obtain or attempt to obtain any materials or information through
any means not intentionally made available through the Web Site.
The Web Site may
contain e-mail services, bulletin board services, chat areas, news
groups, forums, communities, personal web pages, calendars, photo
albums, file cabinets and/or other message or communication
facilities designed to enable you to communicate with others
(collectively, "Communication Services"). You agree to use the
Communication Services only to post, send and receive messages and
material that are proper and, when applicable, related to the
particular Communication Service. By way of example, and not as a
limitation, you agree that when using a Communication Service, you
will not:
- Use the Communication Service in
connection with surveys, contests, pyramid schemes, chain
letters, junk email, spamming or any duplicative or unsolicited
messages (commercial or otherwise).
- Defame, abuse, harass, stalk,
threaten or otherwise violate the legal rights (such as rights
of privacy and publicity) of others.
- Publish, post, upload,
distribute or disseminate any inappropriate, profane,
defamatory, infringing, obscene, indecent or unlawful topic,
name, material or information.
- Upload files that contain
software or other material protected by intellectual property
laws (or by rights of privacy of publicity) unless you own or
control the rights thereto or have received all necessary
consents to do the same.
- Upload files that contain
viruses, Trojan horses, worms, time bombs, cancelbots, corrupted
files, or any other similar software or programs that may damage
the operation of another's computer or property of another.
- Advertise or offer to sell or
buy any goods or services for any business purpose, unless such
Communication Service specifically allows such messages.
- Download any file posted by
another user of a Communication Service that you know, or
reasonably should know, cannot be legally distributed in such
manner.
- Falsify or delete any author
attributions, legal or other proper notices or proprietary
designations or labels of the origin or source of software or
other material contained in a file that is uploaded.
- Restrict or inhibit any other
user from using and enjoying the Communication Services.
- Violate any code of conduct or
other guidelines that may be applicable for any particular
Communication Service.
- Harvest or otherwise collect
information about others, including e-mail addresses.
- Violate any applicable laws or
regulations.
- Create a false identity for the
purpose of misleading others.
- Use, download or otherwise copy,
or provide (whether or not for a fee) to a person or entity any
directory of users of an Web Site(s) or other user or usage
information or any portion thereof.
NorthWrite has no
obligation to monitor the Communication Services. However, NorthWrite
reserves the right to review materials posted to a Communication
Service and to remove any materials in its sole discretion.
NorthWrite reserves the right to terminate your access to any or all
of the Communication Services at any time, without notice, for any
reason whatsoever. NorthWrite reserves the right at all times to
disclose any information as NorthWrite deems necessary to satisfy any
applicable law, regulation, legal process or governmental request,
or to edit, refuse to post or to remove any information or
materials, in whole or in part, in NorthWrite's sole discretion.
Always use caution when giving out any personally identifying
information about yourself or your children in any Communication
Service. NorthWrite does not control or endorse the content, messages
or information found in any Communication Service and, therefore,
NorthWrite specifically disclaims any liability with regard to the
Communication Services and any actions resulting from your
participation in any Communication Service. Managers and hosts are
not authorized NorthWrite spokespersons, and their views do not
necessarily reflect those of NorthWrite. Materials uploaded to a
Communication Service may be subject to posted limitations on
usage, reproduction and/or dissemination, you are responsible for
adhering to such limitations if you download the materials.
If a particular Web
Site requires you to open an account, you must complete the
registration process by providing us with current, complete and
accurate information as prompted by the applicable registration
form. You then will choose a password and a user name. You are
entirely responsible for maintaining the confidentiality of your
password and account. Furthermore, you are entirely responsible
for any and all activities that occur under your account. You
agree to notify NorthWrite immediately of any unauthorized use of
your account or any other breach of security. NorthWrite will not be
liable for any loss that you may incur as a result of someone else
using your password or account, either with or without your
knowledge. However, you could be held liable for losses incurred
by NorthWrite or another party due to someone else using your account
or password. You may not use anyone else's account at any time,
without the permission of the account holder.
NorthWrite does not claim
ownership of the materials you provide to NorthWrite (including
feedback and suggestions) or post, upload, input or submit to any
Web Site or its associated services for review by the general
public (each a "Submission" and collectively "Submissions").
However, by posting, uploading, inputting, providing or submitting
your Submission you are granting NorthWrite, its affiliated companies
and necessary sublicensees permission to use your Submission in
connection with the operation of their Internet businesses
including, without limitation, the rights to: copy, distribute,
transmit, publicly display, publicly perform, reproduce, edit,
translate and reformat your Submission; and to publish your name
in connection with your Submission. No compensation will be paid
with respect to the use of your Submission, as provided herein.
NorthWrite is under no obligation to post or use any Submission you
may provide and NorthWrite may remove any Submission at any time in
its sole discretion. By posting, uploading, inputting, providing
or submitting your Submission you warrant and represent that you
own or otherwise control all of the rights to your Submission as
described in this section including, without limitation, all the
rights necessary for you to provide, post, upload, input or submit
the Submissions.
All content and
software (if any) that is made available to view and/or download
in connection with the Web Site, excluding content and/or software
that may be made available by end-users through a Communication
Service, ("Software") is owned by and is the copyrighted work of
NorthWrite Corporation and/or its suppliers and is protected by
copyright laws and international treaty provisions. Your use of
the Software is governed by the terms of the end user license
agreement, if any, which accompanies or is included with the
Software ("License Agreement"). You may not install or use any
Software that is accompanied by or includes a License Agreement
unless you first agree to the License Agreement terms.
For any Software not
accompanied by a license agreement, NorthWrite Corporation hereby
grants to you, the user, a revocable personal, non-transferable
license to use the Software for viewing and otherwise using the
particular Web Site in accordance with these Terms of Use, and for
no other purpose provided that you keep intact all copyright and
other proprietary notices. Any reproduction or redistribution of
the content and/or Software is expressly prohibited by law, and
may result in severe civil and criminal penalties. Violators will
be prosecuted to the maximum extent possible. WITHOUT LIMITING THE
FOREGOING, COPYING OR REPRODUCTION OF THE CONTENT OR SOFTWARE TO
ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR
REDISTRIBUTION IS EXPRESSLY PROHIBITED. You acknowledge that the
Software, and any accompanying documentation and/or technical
information, is subject to applicable export control laws and
regulations of the USA. You agree not to export or re-export the
Software, directly or indirectly, to any countries that are
subject to USA export restrictions.
NorthWrite CORPORATION
AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE
SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF
VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
CONTAINED WITHIN THE WEB SITE FOR ANY PURPOSE. ALL SUCH
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE
PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. NorthWrite AND/OR ITS
RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS
WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE
EFFORT, TITLE AND NON-INFRINGEMENT. YOU SPECIFICALLY AGREE THAT
NorthWrite SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA
SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS
ENTERED INTO THROUGH AN WEB SITE. YOU SPECIFICALLY AGREE THAT
NorthWrite IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING,
DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF
ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING
INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT NorthWrite
IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN
AN WEB SITE BY ANY THIRD PARTY. IN NO EVENT SHALL NorthWrite AND/OR
ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES
WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE,
DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE
USE OR PERFORMANCE OF THE WEB SITE, WITH THE DELAY OR INABILITY TO
USE THE WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE
TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEB SITE, OR
OTHERWISE ARISING OUT OF THE USE OF THE WEB SITE, WHETHER BASED ON
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF
NorthWrite OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE
POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEB SITE, OR WITH
ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO
DISCONTINUE USING THE WEB SITE. STORAGE SPACE AND OTHER
LIMITATIONS
The amount of storage
space per user is limited for each Web Site that provides such
storage. Please visit the applicable FAQ pertaining to that
service for more information. Some messages may not be processed
due to space constraints or outbound message limitations. You
agree that NorthWrite is not responsible or liable for the deletion
or failure to store messages or other information.
SERVICE CONTACT:
Customer Support
NorthWrite reserves the
right, in its sole discretion, to terminate your access to any or
all Web Site and the related services or any portion thereof at
any time, without notice. NorthWrite may also terminate or suspend
your access to Web Site(s) for inactivity, which is defined as
failing to log into a particular service for an extended period of
time, as determined by NorthWrite. The amount of time that NorthWrite
currently considers as an "extended" period of time may be viewed
in the FAQ relating to the particular service. Upon termination of
the Web Site, your right to use the Web Site immediately ceases.
NorthWrite shall have no obligation to maintain any content or to
forward any unread or unsent messages to you or any third party.
NorthWrite will
immediately terminate any account that it believes, in its sole
discretion, is transmitting or is otherwise connected with any
spam or other unsolicited bulk email. In addition, because damages
are often difficult to quantify, if actual damages cannot be
reasonably calculated then you agree to pay NorthWrite liquidated
damages of $5 for each piece of spam or unsolicited bulk email
transmitted from or otherwise connected with your account,
otherwise you agree to pay NorthWrite's actual damages, to the extent
such actual damages can be reasonably calculated.
This agreement is
governed by the laws of the State of California, United States of
America. You hereby irrevocably consent to the exclusive
jurisdiction and venue of courts in San Diego County, California,
U.S.A. in all disputes arising out of or relating to the use of
the Web Site. Use of the Web Site is unauthorized in any
jurisdiction that does not give effect to all provisions of these
terms and conditions, including without limitation this paragraph.
You agree that no joint venture, partnership, employment, or
agency relationship exists between you and NorthWrite as a result of
this agreement or use of the Web Site. You agree to indemnify and
hold NorthWrite, its parents, subsidiaries, affiliates, officers and
employees, harmless from any claim, demand, or damage, including
reasonable attorneys' fees, asserted by any third party due to or
arising out of your use of or conduct on the Web Site. NorthWrite
reserves the right to disclose any personal information about you
or your use of the Web Site, including its contents, without your
prior permission if NorthWrite has a good faith belief that such
action is necessary to: (1) conform to legal requirements or
comply with legal process; (2) protect and defend the rights or
property of NorthWrite or its affiliated companies; (3) enforce the
terms or use; or (4) act to protect the interests of its members
or others. NorthWrite's performance of this agreement is subject to
existing laws and legal process, and nothing contained in this
agreement is in derogation of NorthWrite's right to comply with
governmental, court and law enforcement requests or requirements
relating to your use of the Web Site or information provided to or
gathered by NorthWrite with respect to such use. If any part of this
agreement is determined to be invalid or unenforceable pursuant to
applicable law including, but not limited to, the warranty
disclaimers and liability limitations set forth above, then the
invalid or unenforceable provision will be deemed superseded by a
valid, enforceable provision that most closely matches the intent
of the original provision and the remainder of the agreement shall
continue in effect. Unless otherwise specified herein, this
agreement constitutes the entire agreement between the user and
NorthWrite with respect to the Web Site and it supersedes all prior
or contemporaneous communications and proposals, whether
electronic, oral or written, between the user and NorthWrite with
respect to the Web Site. A printed version of this agreement and
of any notice given in electronic form shall be admissible in
judicial or administrative proceedings based upon or relating to
this agreement to the same extent and subject to the same
conditions as other business documents and records originally
generated and maintained in printed form.
All contents of the
Web Sites are: Copyright (c) 2001 NorthWrite
and/or its suppliers. All rights reserved. The names of actual
companies and products mentioned herein may be the trademarks of
their respective owners. Any rights not expressly granted herein
are reserved.
Pursuant to Title 17,
United States Code, Section 512(c)(2), notifications of claimed
copyright infringement should be sent to Service Provider's
Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING
PROCEDURE WILL RECEIVE NO RESPONSE. MODIFICATION OF THESE TERMS OF
USE NorthWrite reserves the right to change the terms, conditions,
and notices under which the Web Site are offered, including but
not limited to the charges associated with the use of the Web
Site. You are responsible for regularly reviewing these terms and
conditions and additional terms posted on particular websites.
Your continued use of the Web Site constitutes your agreement to
all such terms, conditions, and notices. |
