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ACCEPTANCE OF
TERMS.
The services that IT over IP provides to you are subject to the
following Terms of Use ("TOU"). IT over IP reserves the
right to update the TOU at any time without notice to you. The most current
version of the TOU can be reviewed by clicking on the "Terms of
Use" hypertext link located at the bottom of our Web pages.
DESCRIPTION OF SERVICES.
Through its network of Web properties, IT over IP provides you with
access to a variety of resources, software, download areas, and product
information (collectively "Services"). The Services, including any
updates, enhancements, new features, and/or the addition of any new Web
properties, are subject to the TOU.
USE LIMITATION.
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 Services.
NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON
THIS WEB SITE.
Any software that is made available to download from the Services
("Software") is the copyrighted work of IT over IP and/or
its suppliers. 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"). An end user will be unable to
install any Software that is accompanied by or includes a License Agreement,
unless he or she first agrees to the License Agreement terms.
The Software is made available for download
solely for use by end users according to the License Agreement. Any
reproduction or redistribution of the Software not in accordance with the
License Agreement 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 SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER
REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH
REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE
AGREEMENT ACCOMPANYING SUCH SOFTWARE.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY
ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE
LICENSE AGREEMENT, IT over IP HEREBY DISCLAIMS ALL
WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL
WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR
STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
FOR YOUR CONVENIENCE,
IT over IP MAY
MAKE AVAILABLE AS PART OF THE SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS
AND UTILITIES FOR USE AND/OR DOWNLOAD. IT over IP DOES NOT MAKE ANY
ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES
FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE
INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES
MADE AVAILABLE ON THE SERVICES OR IN IT over IP SOFTWARE PRODUCTS.
NOTICE SPECIFIC TO DOCUMENTS AVAILABLE
ON THIS WEB SITE.
Permission to use Documents (such as white papers, press releases,
datasheets and FAQs) from the Services is granted, provided that (1) the
below copyright notice appears in all copies and that both the copyright
notice and this permission notice appear, (2) use of such Documents from the
Services is for informational and non-commercial or personal use only and
will not be copied or posted on any network computer or broadcast in any
media, and (3) no modifications of any Documents are made. Distribution requires express written permission. Use for any other purpose is
expressly prohibited by law, and may result in severe civil and criminal
penalties. Violators will be prosecuted to the maximum extent possible.
Documents specified above do not include
the design or layout of the itoverip.com Web site or any other IT over IP
owned, operated, licensed or controlled site. Elements of IT over IP
Web sites are protected by trade dress, trademark, unfair competition, and
other laws and may not be copied or imitated in whole or in part. No logo,
graphic, sound or image from any IT over IP Web site may be copied or
retransmitted unless expressly permitted by IT over IP.
IT over IP AND/OR ITS RESPECTIVE
SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION
CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THE
SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE
PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. IT over IP
AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND
CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND
CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT
SHALL IT over IP AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY
SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER
RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF
CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN
CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE
SERVICES.
THE DOCUMENTS AND RELATED GRAPHICS
PUBLISHED ON THE SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION
HEREIN. IT over IP AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE
IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S)
DESCRIBED HEREIN AT ANY TIME.
NOTICES REGARDING SOFTWARE, DOCUMENTS
AND SERVICES AVAILABLE ON THIS WEB SITE.
IN NO EVENT SHALL IT over IP AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE
FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER
RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF
CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN
CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF
OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.
MEMBER ACCOUNT, PASSWORD, AND SECURITY.
If any of the Services 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 also 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 IT over IP immediately of any
unauthorized use of your account or any other breach of security. IT over IP
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 IT over IP 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.
NO UNLAWFUL OR PROHIBITED USE.
As a condition of your use of the Services, you will not use the Services
for any purpose that is unlawful or prohibited by these terms, conditions,
and notices. You may not use the Services in any manner that could damage,
disable, overburden, or impair any IT over IP server, or the network(s) connected to any
IT over IP server, or interfere with any
other party's use of any Services. You may not attempt to gain
unauthorized access to any Services, other accounts, computer systems or
networks connected to any IT over IP server or to any of the Services,
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 Services.
USE OF SERVICES.
The Services may contain e-mail services, bulletin board services, web pages,
calendars and/or other message or communication facilities
designed to enable you to communicate with others (each a
"Communication Service" and 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 the Communication Services, you
will not:
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Use the Communication Services 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 consent to do the same.
-
Use any material or information,
including images or photographs, which are made available through the
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
Services 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 reproduced, displayed, performed, and/or distributed
in such manner.
-
Falsify or delete any copyright
management information, such as 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 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 the Services or other user or usage information or any
portion thereof.
IT over IP has no obligation to monitor
the Communication Services. However, IT over IP reserves the right to
review materials posted to the Communication Services and to remove any
materials in its sole discretion. IT over IP reserves the right to
terminate your access to any or all of the Communication Services at any
time, without notice, for any reason whatsoever.
IT over IP reserves the right at all
times to disclose any information as IT over IP 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 IT over IP's sole discretion.
Always use caution when giving out any
personally identifiable information about yourself. IT over IP does not control or endorse the
content, messages or information found in any Communication Services and,
therefore, IT over IP specifically disclaims any liability with regard
to the Communication Services and any actions resulting from your
participation in any Communication Services. Managers and hosts are not
authorized IT over IP spokespersons, and their views do not
necessarily reflect those of IT over IP.
Materials uploaded to the Communication
Services 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
IT over IP
OR POSTED AT ANY IT over IP WEB SITE.
IT over IP does not claim ownership of the materials you provide to IT over
IP
(including feedback and suggestions) or post, upload, input or submit to any
Services 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"). However,
by posting, uploading, inputting, providing or submitting
("Posting") your Submission you are granting IT over IP, its
affiliated companies and necessary sublicensees permission to use your
Submission in connection with the operation of their Internet businesses
(including, without limitation, all IT over IP 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 the Services.
No compensation will be paid with respect
to the use of your Submission, as provided herein. IT over IP is under
no obligation to post or use any Submission you may provide and IT over IP
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.
In addition to the warranty and
representation set forth above, by Posting a Submission that contain images,
photographs, pictures or that are otherwise graphical in whole or in part
("Images"), you warrant and represent that (a) you are the
copyright owner of such Images, or that the copyright owner of such Images
has granted you permission to use such Images or any content and/or images
contained in such Images consistent with the manner and purpose of your use
and as otherwise permitted by these Terms of Use and the Services, (b) you
have the rights necessary to grant the licenses and sublicenses described in
these Terms of Use, and (c) that each person depicted in such Images, if
any, has provided consent to the use of the Images as set forth in these
Terms of Use, including, by way of example, and not as a limitation, the
distribution, public display and reproduction of such Images. By Posting
Images, you are granting (a) to all members of your private community (for
each such Images available to members of such private community), and/or (b)
to the general public (for each such Images available anywhere on the
Services, other than a private community), permission to use your Images in
connection with the use, as permitted by these Terms of Use, of any of the
Services, (including, by way of example, and not as a limitation, making
prints and gift items which include such Images), and including, without
limitation, a non-exclusive, world-wide, royalty-free license to: copy,
distribute, transmit, publicly display, publicly perform, reproduce, edit,
translate and reformat your Images without having your name attached to such
Images, and the right to sublicense such rights to any supplier of the
Services. The licenses granted in the preceding sentences for a Images will
terminate at the time you completely remove such Images from the Services,
provided that, such termination shall not affect any licenses granted in
connection with such Images prior to the time you completely remove such
Images. No compensation will be paid with respect to the use of your Images.
NOTICES AND PROCEDURE FOR MAKING CLAIMS
OF COPYRIGHT INFRINGEMENT.
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.
LINKS TO THIRD PARTY SITES.
THE LINKS IN THIS AREA WILL LET YOU LEAVE IT over IP's SITE. THE
LINKED SITES ARE NOT UNDER THE CONTROL OF
IT over IP AND IT over IP IS
NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN
A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES.
IT over IP IS NOT RESPONSIBLE FOR ANY FORM OF TRANSMISSION RECEIVED FROM ANY
LINKED SITE. IT over IP IS
PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY
LINK DOES NOT IMPLY ENDORSEMENT BY IT
over IP OF THE SITE.
UNSOLICITED IDEA SUBMISSION POLICY.
IT over IP OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER
UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW
PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING
PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE
ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS
TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN IT over IP'S
PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO IT
over IP.
SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO IT over IP OR ANYONE
AT IT over IP. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS
AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT IT over IP
MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS
CONFIDENTIAL OR PROPRIETARY.
COPYRIGHT NOTICE.
Copyright © 2004 IT over IP
All rights reserved.
TRADEMARKS. The names of actual
companies and products mentioned herein may be the trademarks of their
respective owners. No association with any real company, organization,
product, domain name, e-mail address, logo, person, or event is intended or
should be inferred.
Any rights not
expressly granted herein are reserved.
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