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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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©2004 The Itcs Group. All rights reserved.