TERMS OF USE
TERMS OF USE OF Via-Web Technologies, Inc. (VIA-WEB)
SERVICES
IMPORTANT – READ CAREFULLY: YOUR
USE OF VIA-WEB SERVICES IS CONDITIONED UPON YOUR COMPLIANCE AND ACCEPTANCE
OF THESE
TERMS.
By accessing or using this Web site, you agree to be
bound by all the terms and conditions of this User Agreement. If
you do not agree to these terms, do not use this site. This Web site
is
controlled and operated by VIA-WEB. from its offices within the United
States of America. Those who choose to access this site from other
locations than the United States of America do so on their own initiative
and are responsible for compliance with applicable local laws. Any
claim relating to, and the use of, this site and the materials contained
herein is governed by the laws of the state of California.
1. DISCLAIMER OF WARRANTIES
THE MATERIALS
IN THIS SITE ARE PROVIDED "AS IS" AND
WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. VIA-WEB.
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE.
VIA-WEB does not warrant or represent that your access to our
Web site will be free from interruptions, errors, computer viruses
or other harmful components. Neither VIA-WEB, nor any other
party involved in creating, producing, or delivering this site
or any site linked to this site shall be liable in any manner whatsoever
for any direct, indirect, incidental, consequential or punitive
damages arising out of your access, use or inability to use this
site or any site linked to this site. Your use of this site is
entirely at your own risk .
2. SOFTWARE AND WEB APPLICATIONS
THE SOFTWAREAND WEB APPLICATIONS AVAILABLE ON THIS SITE
IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE
AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, VIA-WEB HEREBY
DISCLAIMS ALL WARRANTIES EITHER EXPRESS OR IMPLIED. VIA-WEB DISCLAIMS
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE.
VIA-WEB does not warrant or represent that the software downloaded
from this site will be free of errors, computer viruses or other
harmful components. VIA-WEB shall not be liable in any manner whatsoever
for any direct, indirect, incidental, consequential, or punitive
damages arising out of your use, or inability to use our software.
3. PRIVACY
VIA-WEB respects the privacy of its Subscribing Organizations
and Members. Please read our Privacy
Statement, which forms part of these Terms.
4. ANTI-SPAM POLICY
VIA-WEB does not condone or
allow spam. The Subscribing Organization and its Members may not use the Services,
Content, VIA-WEB
name or servers, the Website Information or the Websites to email or
otherwise transmit, distribute, publish or disseminate any unsolicited
advertising, survey, promotional materials, "junk email," "spam," "chain
letters," "pyramid schemes," or any other form of solicitation or duplicative
or unsolicited messages (commercial or otherwise) with respect to the
Websites, Website Information or any other business, product or service,
and may not use the Website Name as the return address on any unsolicited
communication. Without limitation, Subscribing Organizations and Members
may not use the "Invite Others to This Website" feature of the Services
to send e-mail communications to a prospective Member unless they have
a reasonable basis to believe that the recipient will want to become
a Member. We encourage Subscribing Organization and its Members to
help us enforce this policy. To report a violation, contact
us.
As provided in the Privacy Policy,
VIA-WEB will cooperate with legal authorities in releasing information
about Subscribing Organizations and Members who violate this Anti-Spam
Policy.
5. FORBIDDEN CONTENT AND ACTIVITIES
Account Holder shall not use, nor shall it recklessly
or knowingly permit others to use, the VIA-WEB Services: (a) for the
storage, delivery, receipt, or promotion of any unlawful, invasive,
infringing, defamatory, racist, violent, or fraudulent content, products,
services, or actions; (b) to store or send any virus, worm, trojan
horse or harmful code or attachment; (c) to alter, steal, corrupt,
disable, destroy, trespass or violate any security or encryption of
any computer file, database or network or to store anything that may
aid in this type of activity; (d) to interfere with the use of theVIA-WEB
network by other authorized users or to store anything that may aid
in such interference; (e) to alter, tamper with, adjust, repair or
circumvent any aspect of the Services or to store anything that may
aid in such actions; or (f) in violation of one or more of the terms
listed below.
6. ADULT/PORNOGRAPHIC CONTENT
Content designed to sexually arouse is prohibited throughout
the VIA-WEB Network. This includes sites that may allude to sexual
content and/or links to adult content elsewhere. In general, frontal
nudity (not for science, health, fine art, or general educational purposes)
and/or content meant to sexually arouse is prohibited. Child Pornography
of any kind is prohibited throughout the VIA-WEB Network and will be
reported to the authorities if found. VIA-WEB reserves the right to
determine what violates this policy.
7. 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 VIA-WEB,
at legal@via-web.com.
8. COPYRIGHT AND TRADEMARK INFORMATION
All trademarks, service marks and logos used in this Website are
the property of their respective owners. All contents of this Website
are the property of VIA-WEB and/or its suppliers.
Copyright © 2010 Via-Web Technologies, Inc. All
Rights Reserved.
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