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THE ITCS GROUP WEB SITE TERMS OF USE and NOTICES
AGREEMENT BETWEEN USER AND THE ITCS GROUP
The Itcs Group Web Site
is comprised of various Web sites and Web pages operated by The Itcs Group or
its affiliates (collectively, the Itcs Group Web Sites).
The Itcs Group Web
Sites are offered to you conditioned on your acceptance without modification
of the terms, conditions, and notices contained herein. Your use of the
Itcs Group Web Sites constitutes your agreement to all such terms,
conditions, and notices. Your use of a particular The Itcs Group Web Site
included within the Itcs Group Web Sites may also be subject to additional
terms outlined elsewhere in this agreement.
Additionally, the
Itcs Group Web Sites may themselves contain additional terms, codes of
conduct or guidelines that govern use of those sites, including without
limitation, 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 ITCS
INC. Web Site, then these terms shall control.
MODIFICATION OF THESE
TERMS OF USE
The Itcs Group reserves
the right to change the terms, conditions, and notices under which the
Itcs Group Sites/Services are offered, including but not limited to the
charges associated with the use of the Itcs Group Sites/Services. You are
responsible for regularly reviewing these terms and conditions and additional
terms posted on particular websites. Your continued use of the Itcs Group
Sites/Services constitutes your agreement to all such terms, conditions, and
notices.
PERSONAL AND
NON-COMMERCIAL USE LIMITATION
>Unless otherwise
specified, the Itcs Group Sites/Services are 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
Itcs Group Sites/Services. Without the advance express written permission
of Itcs Group, you may not 'meta-search' the Itcs Group Sites/Services,
send, or cause to be sent, any automated queries of any sort to the ITCS
INC. Sites/Services, or use the Itcs Group Sites/Services in any
commercial manner. Automated queries shall include but not be
limited to using any software that sends queries to any The Itcs Group
Sites/Services to determine how a web site ranks on any ITCS
INC. Sites/Services.
LINKS TO THIRD PARTY
SITES
The Itcs Group
Sites/Services may contain links to third party Web sites (Linked
Sites). The Linked Sites are not under the control of The Itcs Group and
The Itcs Group 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. The Itcs Group is not responsible for
webcasting or any other form of transmission received from any Linked Site
nor is The Itcs Group responsible if the Linked Site is not working
appropriately. The Itcs Group is providing these links to you only as a
convenience, and the inclusion of any link does not imply endorsement by
The Itcs Group 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 The Itcs Group Sites/Services 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. The Itcs Group shall not
be responsible or liable for any part of any such dealings or promotions.
NO UNLAWFUL OR
PROHIBITED USE
As a condition of your use
of the Itcs Group Sites/Services, you will not use the Itcs Group
Sites/Services for any purpose that is unlawful or prohibited by these terms,
conditions, and notices. You may not use the Itcs Group Sites/Services in
any manner that could damage, disable, overburden, or impair any ITCS
INC. Site/Service(s) (or the network(s) connected to any Itcs Group
Site/Service(s)) or interfere with any other party's use and enjoyment of any
Itcs Group Site/Service(s). You may not attempt to gain unauthorized
access to any Itcs Group Site/Service, other accounts, computer systems or
networks connected to any Itcs Group Site/Service, 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 Itcs Group Sites/Services.
USE OF SERVICES
The Itcs Group
Sites/Services 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,
obscene, indecent or unlawful topic, name, material or information.
- Upload, or otherwise make
available, files that contain images, photographs, software or other
material protected by intellectual property laws, including, by way of
example, and not as limitation, copyright or trademark laws (or by
rights of privacy or publicity) unless you own or control the rights thereto
or have received all necessary consents to do the same.
- Use any material or
information, including images or photographs, which is made available
through the Itcs Group Sites/Services in any manner that infringes
any copyright, trademark, patent, trade secret, or other proprietary
right of any party.
- 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 which 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 Itcs Group Site/Service(s) or other user or usage
information or any portion thereof.
The Itcs Group has no
obligation to monitor the Communication Services. However, The Itcs Group
reserves the right to review materials posted to a Communication Service and
to remove any materials in its sole discretion. The Itcs Group reserves the
right to terminate your access to any or all of the Communication Services at
any time, without notice, for any reason whatsoever.
The Itcs Group reserves
the right at all times to disclose any information as The Itcs Group 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 The Itcs Group's sole discretion.
Always use caution when
giving out any personally identifiable information about yourself or your
children in any Communication Service. The Itcs Group does not control or
endorse the content, messages or information found in any Communication
Service and, therefore, The Itcs Group 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
The Itcs Group spokespersons, and their views do not necessarily reflect those
of The Itcs Group.
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.
MATERIALS PROVIDED TO
The Itcs Group OR POSTED AT ANY Itcs Group WEB SITE
The Itcs Group does not
claim ownership of the materials you provide to The Itcs Group (including
feedback and suggestions) or post, upload, input or submit to any ITCS
INC. Site/Service or its associated services for review by the general
public, or by the members of any public or private community, (each a
Submission and collectively Submissions). Nor, does The Itcs Group claim that all
graphics found on its website(s) are owned by The Itcs Group. All graphics
are the property of their respective owners and will be removed upon the owners
request. However, by
posting, uploading, inputting, providing or submitting (Posting)
your Submission you are granting The Itcs Group, its affiliated companies and
necessary sublicensees permission to use your Submission in connection with
the operation of their Internet businesses (including, without limitation,
all Itcs Group Sites/Services), including, without limitation, the license
rights to: copy, distribute, transmit, publicly display, publicly perform,
reproduce, edit, translate and reformat your Submission; to publish your name
in connection with your Submission; and the right to sublicense such rights
to any supplier of a Itcs Group Site/Service.
No compensation will be
paid with respect to the use of your Submission, as provided herein. ITCS
inc. is under no obligation to post or use any Submission you may provide and
The Itcs Group may remove any Submission at any time in its sole discretion.
By Posting a Submission
you warrant and represent that you own or otherwise control all of the rights
to your Submission as described in these Terms of Use including, without
limitation, all the rights necessary for you to provide, post, upload, input
or submit the Submissions.
SOFTWARE AND CONTENT
AVAILABLE THROUGH THE Itcs Group SITES/SERVICES
All content and software
(if any) that is made available to view and/or download in connection with
the Itcs Group Sites/Services, 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 The Itcs Group 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, The Itcs Group hereby grants
to you, the user, a revocable personal, non-transferable license to use the
Software for viewing and otherwise using the particular The Itcs Group
Site/Service 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.
LIABILITY DISCLAIMER
THE INFORMATION,
SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE
Itcs Group SITES/SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL
ERRORS. CHANGES ARE PERIODICALLY MADE TO THE Itcs Group SITES/SERVICES AND
TO THE INFORMATION THEREIN. The Itcs Group AND/OR ITS RESPECTIVE SUPPLIERS MAY
MAKE IMPROVEMENTS AND/OR CHANGES IN THE Itcs Group SITES/SERVICES AT ANY
TIME. ADVICE RECEIVED VIA THE Itcs Group SITES/SERVICES SHOULD NOT BE
RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU
SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO
YOUR SITUATION.
The Itcs Group
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 Itcs Group
SITES/SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS ARE PROVIDED AS IS WITHOUT WARRANTY
OF ANY KIND. The Itcs Group 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 The Itcs Group 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
Itcs Group SITE/SERVICE. YOU SPECIFICALLY AGREE THAT The Itcs Group 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 The Itcs Group IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR
INCLUDED IN AN Itcs Group SITE/SERVICE BY ANY THIRD PARTY.
IN NO EVENT SHALL
The Itcs Group 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 Itcs Group SITES/SERVICES, WITH THE DELAY OR INABILITY TO USE THE
Itcs Group SITES/SERVICES OR RELATED SERVICES, THE PROVISION OF OR FAILURE
TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS OBTAINED THROUGH THE Itcs Group SITES/SERVICES, OR
OTHERWISE ARISING OUT OF THE USE OF THE Itcs Group SITES/SERVICES, WHETHER
BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF
The Itcs Group 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 Itcs Group SITES/SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR
SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Itcs Group
SITES/SERVICES.
STORAGE SPACE AND
OTHER LIMITATIONS
You agree that ITCS
inc. may establish limits concerning use of any Itcs Group Service offered
on an Itcs Group Web Site, including without limitation the maximum number
of days that e-mail messages will be retained by any Itcs Group Service,
the maximum number of e-mail messages that may be sent from or received by an
account on any Itcs Group Service, the maximum size of an e-mail message that
may be sent from or received by an account on any Itcs Group Service, the
maximum disk space that will be allotted on The Itcs Group's servers on your
behalf, and the maximum number of times and duration you may access any
Itcs Group Service in a given period of time.
You agree that ITCS
inc. has no responsibility or liability for the deletion, corruption or
failure to store any messages or other content maintained or transmitted by
any Itcs Group Service. You acknowledge that The Itcs Group reserves the
right to log off accounts that are inactive for an extended period of time.
The Itcs Group MAKES NO
WARRANTY THAT ANY Itcs Group SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE
OR ERROR-FREE.
SERVICE CONTACT:ceo@itcs.us
TERMINATION/ACCESS
RESTRICTION
The Itcs Group reserves
the right, in its sole discretion, to terminate your access to any or all
Itcs Group Sites/Services and the related services or any portion thereof
at any time, without notice.
The Itcs Group may also
terminate or suspend your access to The Itcs Group Site/Service(s) for
inactivity, which is defined as failing to log into a particular service for
an extended period of time, as determined by The Itcs Group. The amount of
time that The Itcs Group currently considers as an extended period
of time may be viewed in the FAQ relating to the particular service. Upon
termination of the Itcs Group Site/Service, your right to use the ITCS
INC. Site/Service immediately ceases.
The Itcs Group shall have
no obligation to maintain any content or to forward any unread or unsent
messages to you or any third party.
NO SPAM; DAMAGES
The Itcs Group will
immediately terminate any account which 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 ITCS
inc. 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 The Itcs Group's actual damages, to the extent such actual
damages can be reasonably calculated.
COPYRIGHT AND
TRADEMARK NOTICES:
All contents of the
The Itcs Group Web Sites are: Copyright (c) 1997 - 2003 The Itcs Group
Corporation and/or its suppliers.
TRADEMARKS. The names of
actual companies and products mentioned herein may be the trademarks of their
respective owners.
The example companies,
organizations, products, people and events depicted herein are fictitious. No
association with any real company, organization, product, person, or event is
intended or should be inferred.
Any rights not expressly
granted herein are reserved.
Rev. January 2003
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