|
Last Updated:
1/3/06
ACCEPTANCE OF TERMS.
The services that Click I.T. provides to you are
subject to the following Terms of Use ("TOU"). Click
I.T. 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.
Click I.T. provides you with access to a variety of
resources, including tools, download areas,
communication forums 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.
PERSONAL AND NON-COMMERCIAL
USE LIMITATION.
Unless otherwise specified, the 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 Services.
PRIVACY AND PROTECTION OF
PERSONAL INFORMATION.
See the Privacy Statement disclosures relating to
the collection and use of your information.
NOTICES REGARDING SOFTWARE,
DOCUMENTS AND SERVICES AVAILABLE ON THIS WEB SITE.
IN NO EVENT SHALL CLICK I.T. 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 Click I.T. immediately
of any unauthorized use of your account or any other
breach of security. Click I.T. 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 Click I.T. 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 Click I.T. server, or the network(s)
connected to any Click I.T. server, or interfere
with any other party's use and enjoyment of any
Services. You may not attempt to gain unauthorized
access to any Services, other accounts, computer
systems or networks connected to any Click I.T.
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, 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 (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:
• 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 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 the Services or other user or
usage information or any portion thereof.
Click I.T. has no obligation to monitor the
Communication Services. However, Click I.T. reserves
the right to review materials posted to the
Communication Services and to remove any materials
in its sole discretion. Click I.T. reserves the
right to terminate your access to any or all of the
Communication Services at any time, without notice,
for any reason whatsoever.
Click I.T. reserves the right at all times to
disclose any information as Click I.T. 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 Click I.T.'s sole
discretion.
Always use caution when giving out any personally
identifiable information about yourself or your
children in any Communication Services. Click I.T.
does not control or endorse the content, messages or
information found in any Communication Services and,
therefore, Click I.T. 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 Click I.T. spokespersons, and their
views do not necessarily reflect those of Click
I.T..
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 CLICK
I.T.
Click I.T. does not claim ownership of the materials
you provide to Click I.T. (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 Click
I.T. and necessary sublicensees permission to use
your Submission in connection with the operation of
their Internet businesses (including, without
limitation, all Click I.T. 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. Click I.T.
is under no obligation to post or use any Submission
you may provide and Click I.T. 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. ALL INQUIRIES NOT RELEVANT TO THE
FOLLOWING PROCEDURE WILL NOT RECEIVE A RESPONSE.
See Notice and Procedure for Making Claims of
Copyright Infringement.
LINKS TO THIRD PARTY SITES.
THE LINKS IN THIS AREA WILL LET YOU LEAVE CLICK
I.T.'s SITE. THE LINKED SITES ARE NOT UNDER THE
CONTROL OF CLICK I.T. AND CLICK I.T. 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. CLICK I.T. IS NOT
RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF
TRANSMISSION RECEIVED FROM ANY LINKED SITE. CLICK
I.T. IS PROVIDING THESE LINKS TO YOU ONLY AS A
CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT
IMPLY ENDORSEMENT BY CLICK I.T. OF THE SITE.
UNSOLICITED IDEA SUBMISSION
POLICY.
CLICK I.T. 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 CLICK
I.T.'S PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM
SIMILAR TO IDEAS SUBMITTED TO CLICK I.T. SO, PLEASE
DO NOT SEND YOUR UNSOLICITED IDEAS TO CLICK I.T. OR
ANYONE AT CLICK I.T. IF, DESPITE OUR REQUEST THAT
YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL
SEND THEM, PLEASE UNDERSTAND THAT CLICK I.T. MAKES
NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE
TREATED AS CONFIDENTIAL OR PROPRIETARY.
COPYRIGHT NOTICE
Copyright © 2004 Click I.T. Computer Services, LLC.
All rights reserved.
|
