- Terms and Conditions
Last Revision: Wednesday, June 15th, 2005
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY USING THIS WEB SITE, YOU AGREE TO THESE TERMS AND CONDITIONS.
These terms and conditions ("Site Terms") apply exclusively to your
access to, and use of, this Web site and do not alter in any way the terms or
conditions of any other agreement you may have with
Communication Services, Inc., for
products, services or otherwise.
Communication Services, Inc., reserves the right to amend at
any time any policies governing this Web site, including these Site Terms and
Web Site. You will be able to tell that a revision has been made by the date
of the last revision indicated at the top of the document. The amended Site
Terms shall be effective immediately after they are initially posted on this
Web Site. If you do not accept the amended Site Terms, you must cease using
this Web site.
2. Proprietary Rights; Limited License
Unless otherwise indicated, all Web site materials, including, without limitation, the Communication Services, Inc., logo, and all text, designs, graphics, other files, and the selection and arrangement thereof, are the proprietary and copyrighted property of Communication Services, Inc., or its licensees. Subject to the terms set forth in these Site Terms, Communication Services, Inc., grants you a limited license to make informational, noncommercial use only of this Web site. You may view and electronically copy and print to hard copy portions of this Web site for the sole purpose of using materials it contains for informational, noncommercial use only. Any other use of this Web Site or the materials contained herein without the prior written permission of Communication Services, Inc., is strictly prohibited, including without limitation: (a) any resale or commercial use of this Web site or its content; (b) the retransmission, rebroadcasting or other distribution, display or publication of any information contained in this Web site; (c) making derivative uses of this Web site and its contents; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading (other than the page caching) of any portion of this Web site or any information contained on this Web site, except as expressly permitted on this Web site; or (f) any use of this Web site other than for its intended purpose.
Products, processes or technology described in this site may also be subject to other intellectual property protection as well, and all rights therein are reserved by Communication Services, Inc.. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in under any patent, trademark, or other proprietary right of Communication Services, Inc., or any third party. All information provided by Communication Services, Inc., on this Web site is the sole and exclusive property of Communication Services, Inc., or its contributors or licensees.
You acknowledge that this Web site may contain valuable Confidential Information (as defined below) of Communication Services, Inc., and you agree to protect and preserve such Confidential Information against any unauthorized use, copying, distribution or disclosure. Without limitation of the foregoing, you agree to use the Confidential Information solely for the purposes for which it has been disclosed to you by Communication Services, Inc.. You further agree not to disclose any Confidential Information to any third party, except as necessary to carry out the purpose for which such Confidential Information was provided and only to third parties who are under confidentiality restrictions not to disclose such information. As used herein, Confidential Information shall mean any nonpublic information that is proprietary or confidential to Communication Services, Inc., or any information of a third party that Communication Services, Inc., is obligated to keep confidential, including, but not limited to, information which relates to Communication Services, Inc., products, services, technology, research, development, product ideas, clients, customers, employees, contractors, business and marketing plans, finances, contracts, legal affairs or business affairs.
Communication Services, Inc., the Communication Services, Inc., logo, and any product or service name or slogan contained in this Web site, are either trademarks or registered trademarks of Communication Services, Inc., and its licensees, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Communication Services, Inc.. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Communication Services, Inc., and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Communication Services, Inc.. All other trademarks, registered trademarks, product names and company names or logos mentioned herein are the property of their respective owners.
5. Repeat Infringes Policy
Communication Services, Inc., respects the intellectual property of others, and we ask our users to do the same. Communication Services, Inc., may, in appropriate circumstances and at its own discretion, limit access to this Web site and/or terminate the accounts of any users who infringe the intellectual property rights of others.
6. Claims of Copyright Infringement; Designated Agent
If you believe that any material on this Web site infringes upon any copyright which you own or control, or that any link on this Web site directs users to another Web site that contains material that infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent. Please see our Notice and Procedure for Notifying Designated Agent of Claims of Copyright Infringement.
You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of e-mail or submissions to Communication Services, Inc., or postings on this Web site, are non-confidential and shall become the sole property of Communication Services, Inc.. Communication Services, Inc., shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. The submission of any materials to Communication Services, Inc., including the posting of materials to any forum or interactive area, irrevocably waives any and all "moral rights" in such materials, including the rights of paternity and integrity.
8. Forums & Interactive Areas
This Web site may include discussion forums or other interactive areas, including
chat rooms or bulletin boards ("Interactive Areas"). You are solely
responsible for your use of such Interactive Areas and use them at your own
risk. By using any forum or interactive areas, you agree not to post, upload
to, transmit, distribute or otherwise publish through this Web site any of the
Any message, data, information, text, graphics or other material ("Content") that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law, including without limitation, the regulations of the US Securities and Exchange Commission, any rules of any securities exchange such as the New York Stock Exchange, the American Stock Exchange, or the NASDAQ;
Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any Content, you represent and warrant that you have the lawful right to distribute and reproduce such Content;
Content that impersonates any person or entity or otherwise misrepresent your affiliation with a person or entity;
Unsolicited promotions, advertising or solicitations for funds, goods or services, including junk mail and spam, without the express written permission of Communication Services, Inc..
Private information of any third party, including without limitation addresses, phone numbers, e-mail addresses, Social Security numbers and credit card numbers;
Viruses, corrupted data or other harmful, disruptive or destructive files; and
Content that, in the sole judgment of Communication Services, Inc., is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Web sites, or which may expose Communication Services, Inc., or its users to any harm or liability of any type.
Communication Services, Inc., takes no responsibility and assumes no liability for any Content posted or uploaded by you or any third-party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of the Interactive Areas is at your own risk. Information posted in any Interactive Area should not be considered authoritative and cannot be guaranteed as to accuracy. As a provider of interactive services, Communication Services, Inc., is not liable for any statements, representations, or Content provided by its users in any public forum, personal home page or other Interactive Area. Although Communication Services, Inc., has no obligation to screen, edit or monitor any of the Content posted in any Interactive Area, Communication Services, Inc.,reserves the right and has absolute discretion, to remove, screen or edit any Content that violates these provisions or is otherwise objectionable. Any use of the Interactive Areas or the Web site in violation of the foregoing is in violation of these terms and may result in, among other things, the termination or suspension of your rights to use the Interactive Areas and/or the web site.
You are granted a limited, non-exclusive right to create a hyperlink to this Web site provided such link does not portray Communication Services, Inc., or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner. This limited right may be revoked at any time. You may not use, frame or utilize framing techniques to enclose any Communication Services, Inc., trademark, logo or other proprietary information, including the images found at this web site, the content of any text or the layout/design of any page or form contained on a page without Communication Services, Inc., express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of Communication Services, Inc., or any third party.
Communication Services, Inc., makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of Web sites accessible by hyperlink from this Web site, or Web sites linking to this Web site. The linked sites are not under the control of Communication Services, Inc., and Communication Services, Inc., is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Communication Services, Inc.., is providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by Communication Services, Inc.., of the site or any information contained therein.
10. Third Party Content & Services
Communication Services, Inc., may provide links to Web pages and content of third parties ("Third Party Content") as a service to those interested in this information. Communication Services, Inc., does not monitor nor does it have any control over any Third Party Content or third party Web sites. Communication Services, Inc., does not endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness. Communication Services, Inc., does not represent or warrant the accuracy of any information contained therein, and undertakes no responsibility to update or review any Third Party Content. Users use these links and Third Party Content contained therein at their own risk.
11. Export Control Laws
The United States Export Control laws prohibit the export of certain technical data and software to certain countries and territories. No content from this Web site may be downloaded or otherwise exported in violation of United States law. Neither the services nor products of Communication Services, Inc., including technical information about such products and services, may be downloaded or otherwise provided or made available, either directly or indirectly: (i) into (or to a national or resident of) any country subject to a US embargo, trade sanctions or similar export restrictions (currently Cuba, Iran, Iraq, Libya, North Korea, Sudan, and Syria) or to individuals or entities controlled by such countries; or (ii) to anyone on the US Treasury Department's list of Specially Designated Nationals and Blocked Persons, the US Commerce Department's Table of Denial Orders, or on any similar list of persons to whom export restrictions apply. By agreeing to these Site Terms, you agree to the foregoing and represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
THIS WEB SITE AND THE MATERIALS IN THIS WEB SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. Communication Services, Inc., DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. Communication Services, Inc.. DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS WEB SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. Communication Services, Inc., DOES NOT REPRESENT OR WARRANT THAT THIS WEB SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Communication Services, Inc., reserves the right to change any and all content contained on this Web site at any time without notice. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Communication Services, Inc.,.
13. Limitation of Liability
IN NO EVENT SHALL Communication Services, Inc., OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, OR EMPLOYEES, BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS WEB SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CASED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM Communication Services, Inc., OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERROR, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO Communication Services, Inc., RECORDS, PROGRAMS, OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF Communication Services, Inc., (WHETHER IN CONTRACT, WARRANTY TORT-INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED-PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF Communication Services, Inc., WEB SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO Communication Services, Inc., FOR ACCESS TO OR USE OF THIS WEB SITE.
You agree to defend, indemnify and hold harmless Communication Services, Inc., its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any third party claims, damages, loss, liability, costs and expenses (including, but not limited to, reasonable attorney's fees) arising out of your use of the Communication Services, Inc., Web site and any discussion forums or interactive areas contained herein, including without limitation any actual or threatened suit, demand, or claim made against Communication Services, Inc., and/or its independent contractors, service providers, or consultants, arising out of or relating to your conduct, your violation of these terms and conditions, or your violation of the rights of any third party.
15. Applicable Law
These terms and conditions shall be governed by and construed in accordance with the laws of the State of Arizona, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in the state and federal courts located in Maricopa County, Arizona and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these terms and conditions.
16. Modification & Amendments
Notwithstanding any of these terms and conditions, Communication Services, Inc., reserves the right, without notice and in its sole discretion, to terminate your license to use this Web site, and to block or prevent future access to and use of this Web site.
If any provision of these terms and conditions shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severity from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
19. Questions & Contact Information
General questions or comments about these Site Terms may be directed to Communication Services, Inc., Office of Legal Affairs by e-mail at firstname.lastname@example.org.