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The following are terms of a legal
agreement ("Agreement") between you and IDeACOM Technologies, Inc.
and affiliated companies (collectively, "IDeACOM"). By accessing,
browsing and/or otherwise using this web site ("Site"), you
acknowledge that you have read, understood and agreed to be bound by these
terms and conditions, and to comply with all applicable laws and
regulations, including U.S. export and re-export control laws and
regulations. If you do not agree to all of these terms and conditions, you
may not access, browse and/or use this Site. The material provided on this
Site is protected by law, including, but not limited to, United States
copyright law and international treaties.
These terms of access apply to your
access to and use of this Site and do not alter in any way the terms and
conditions of any other agreement you may have with IDeACOM for products,
software, services or otherwise, unless otherwise directed by IDeACOM.
If you breach any of these terms and conditions, your authorization to use
this Site automatically terminates and you must immediately destroy any
downloaded or printed materials and discontinue use of any hyperlinks to
this Site.
USE RESTRICTIONS
Copyright. All
Site materials, including, without limitation, text, pictures, graphics
and other files and the selection and arrangement thereof are copyrighted
materials of IDeACOM Technologies, Inc. © 2002-2003, ALL RIGHTS RESERVED,
or by the original creator of the material. Permission is granted to
display, copy, distribute, and download the materials on this Site for
personal, noncommercial use only, provided you do not modify the materials
and that you retain all copyright and other proprietary notices contained
in the materials. You may not, however, distribute, copy, reproduce,
display, republish, download, or transmit any material on this Site for
commercial use without prior written approval of IDeACOM. You may not
"mirror" any material contained on this Site on any other server without
prior written permission from IDeACOM. Any unauthorized use of any
material contained on this Site may violate copyright laws, trademark
laws, the laws of privacy and publicity and communications regulations and
statutes.
Trademarks.
The trademarks, service marks, trade names, and logos (the "Trademarks")
used and displayed on this Site are registered and unregistered Trademarks
of IDeACOM. In addition, all page headers, custom graphics, button icons,
and scripts are service marks, trademarks and/or trade dress of IDeACOM,
and may not be copied, imitated or used, in whole or in part, without the
prior written permission of IDeACOM. You acknowledge that the Trademarks
used and displayed on this Site are and shall remain the sole property of
IDeACOM or the Trademark owner. Nothing in this Agreement shall confer any
right of ownership of any of the Trademarks in you. Further, nothing in
this Site shall be construed as granting, by implication, estoppel or
otherwise any license or right to use any Trademark used or displayed on
the Site, without the express written permission of IDeACOM or the
Trademark owner. The misuse of the trademarks displayed on this Site, or
any other content on the Site, is strictly prohibited.
Hyperlinks.
You are granted a limited, nonexclusive right to create a "hypertext" link
to this Site provided that such link is to the entry page of this Site and
does not portray IDeACOM or any of its products or services in a false,
misleading, derogatory, or otherwise defamatory manner. This limited right
may be revoked at any time for any reason whatsoever. You may not use
framing techniques to enclose any IDeACOM trademark, logo or trade name or
other proprietary information including the images found at the Site, the
content of any text or the layout/design of any page or any form contained
on a page without IDeACOM’s express written consent. Links to third party
sites on this Site are provided solely as convenience to you. If you use
these links, you will leave this Site. IDeACOM has not reviewed all of
these third party sites and does not control and is not responsible for
any of these sites, their content or their policies, including, without
limitation, privacy policies or lack thereof. IDeACOM does not endorse or
make any representations about third party sites or any information,
software or other products or materials found there, or any results that
may be obtained from using them. If you decide to access any of the third
party sites linked to this site, you do so entirely at your own risk. You
acknowledge and agree that IDeACOM shall not be responsible or liable,
directly or indirectly, for any damage or loss caused or alleged to be
caused by, or in connection with the use of or reliance on any such third
party sites.
Downloadable Materials.
Any software, including codes or other materials that are made available
to download from this Site, is the copyrighted work of IDeACOM and/or its
suppliers and affiliates. If you download software from this Site, use of
the software is subject to the license terms in the software license
agreement that accompanies or is provided with the software. You may not
download or install the software until you have read and accepted the
terms of the applicable software license agreement. 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 otherwise provided for in the applicable software
license agreement in the case of software, or the express written consent
of IDeACOM in the case of codes or other downloadable materials.
Limited Access.
Except as otherwise expressly permitted by IDeACOM, any access or attempt
to access other areas of the IDeACOM computer system or other information
contained on the system for any purposes is strictly prohibited. You agree
that you will not use any robot, spider, other automatic device, or manual
process to "screen scrape," monitor, "mine," or copy the Web pages on the
Site or the content contained therein without IDeACOM’ prior, express, and
written permission. You will not spam or send unsolicited e-mail to any
other user of the Site for any reason. You agree that you will not use any
device, software or routine to interfere or attempt to interfere with the
proper working of the Site. You agree that you will not take any action
that imposes an unreasonable or disproportionately large load on IDeACOM’s
infrastructure.
Additional Use Restrictions.
You shall not post, transmit, e-mail, re-transmit or store material on or
through any of the services provided by IDeACOM (the "Services") which, in
the sole judgment of the Company: (i) is in violation of any local, state,
federal or non-United States law or regulation, (ii) is threatening,
obscene, indecent, defamatory or that otherwise could adversely affect any
individual, group or entity (collectively, "Persons") or (iii) violates
the rights of any person, including rights protected by copyright, trade
secret, patent or other intellectual property or similar laws or
regulations including, but not limited to, the installation or
distribution of "pirated" or other software products that are not
appropriately licensed for use by you. You shall be responsible for
determining what laws or regulations are applicable to its use of the
Services. In addition, you may only use the Services in a manner that, in
the Company's sole judgment, is consistent with the purposes of such
Services. If you are unsure of whether any contemplated use or action is
permitted, please contact the Company at
webmaster@ideacomtech.com.
By way of example, and not limitation, the following uses described below
of the Services are expressly prohibited:
- upload, post, e-mail or otherwise transmit any
information, data, text, software, music, sound, photographs,
graphics, video, messages or other materials (collectively, "Content")
that is unlawful, harmful, threatening, abusive, harassing, tortious,
defamatory, vulgar, obscene, libelous, invasive of another's privacy,
hateful, or racially, ethnically or otherwise objectionable.
Pornography and pornographic related merchandising are prohibited
under all Services, including providing links to pornographic content
elsewhere;
- harm minors in any way;
- impersonate any person or entity, including, but
not limited to, a the Company official, forum leader, guide or host,
or falsely state or otherwise misrepresent your affiliation with a
person or entity;
- forge headers or otherwise manipulate identifiers
in order to disguise the origin of any Content transmitted through the
Services or develop restricted or password-only access pages, or
hidden pages or images (those not linked to from another accessible
page);
- upload, post, e-mail or otherwise transmit any
Content that you do not have a right to transmit under any law or
under contractual or fiduciary relationships (such as inside
information, proprietary and confidential information learned or
disclosed as part of employment relationships or under nondisclosure
agreements;
- upload, post, e-mail or otherwise transmit any
Content that infringes any patent, trademark, trade secret, copyright
or other proprietary rights of any party;
- upload, post, e-mail or otherwise transmit any
unsolicited or unauthorized advertising, promotional materials, "junk
mail," "spam," "chain letters," "pyramid schemes," or any other form
of solicitation, except in those areas of the Services that are
designated for such purpose;
- upload, post, e-mail or otherwise transmit any
material that contains software viruses or any other computer code,
files or programs designed to interrupt, destroy or limit the
functionality of any computer software or hardware or
telecommunications equipment;
- disrupt the normal flow of dialogue, cause a screen
to "scroll" faster than other users of the Services are able to type,
or otherwise act in a manner that negatively affects other users'
ability to engage in real time exchanges;
- interfere with or disrupt the Services or servers
or networks connected to the Services, or disobey any requirements,
procedures, policies or regulations of networks connected to the
Services;
- intentionally or unintentionally violate any
applicable local, state, national or international law, including, but
not limited to, regulations promulgated by the U.S. Securities and
Exchange Commission, any rules of any national or other securities
exchange, including, without limitation, the New York Stock Exchange,
the American Stock Exchange or the NASDAQ, and any regulations having
the force of law;
- "stalk" or otherwise harass another;
- promote or provide instructional information about
illegal activities, promote physical harm or injury against any group
or individual, or promote any act of cruelty to animals. This may
include, but is not limited to, providing instructions on how to
assemble bombs, grenades and other weapons, and creating "Crush"
sites; and
- effecting security breaches or disruptions of
Internet communication. Security breaches include, but are not limited
to, accessing data of which you are not an intended recipient or
logging into a server or account that you are not expressly authorized
to access.
- engaging in any activity with the intent to
disrupt the service of another Internet user or network. This
includes, but not limited to Internet Control Message Protocol (ICMP)
or other "flooding" attacks and malicious bulk e-mail transmission
("mail bombing").
DISCLAIMER WARRANTY
This Site, including all software,
functions, materials, and information, is provided "as is" without
warranties of any kind, either express or implied. IDeACOM disclaims all
warranties, express or implied, including, but not limited to, warranties
of quiet enjoyment and non-infringement and implied warranties of
merchantability, fitness for a particular purpose, non-infringement,
title, quiet enjoyment, merchantability of computer programs, data
accuracy, system integration, and informational content. IDeACOM does not
warrant or make any representations regarding the operation of this Site,
the use, validity, accuracy or reliability of, or the results of the use
of the materials on this Site or any other sites linked to this Site. The
materials of this Site may be out of date, and IDeACOM makes no commitment
to update the materials at this Site. IDeACOM does not and cannot
guarantee or warrant that the files available for downloading from this
Site, if any, will be free from infection, viruses, worms, Trojan horses,
or other code that manifest contaminating or destructive properties.
IDeACOM does not warrant that this Site, software, materials, products, or
services will be uninterrupted or error-free or that any defects in this
Site, software, materials, products, or services will be corrected.
LIMITATION OF LIABILITY
In no event will IDeACOM, its suppliers
or other third parties mentioned at or in this Site be liable for any
damages, including, without limitation direct, indirect, special,
incidental, or consequential damages, damages resulting from lost profits,
lost data or business interruption arising out of relating to the use,
inability to use, or resulting from the use of this Site, any web sites
linked to this Site, the materials, software or other information
contained in any or all such sites, whether based on warranty, contracts,
statutes, regulations, tort (including but not limited to, negligence) or
any other legal theory and whether or not advised of the possibility of
such damages. If your use of the materials or information from this Site
results in the need for servicing, repair or correction of equipment or
data, you assume all costs thereof. Some states do not allow the exclusion
or limitation of incidental or consequential damages, so the above
limitation or exclusion may not apply to you.
U.S. GOVERNMENT RESTRICTED RIGHTS
The materials on this Site are provided
with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the
government is subject to restrictions as set forth in applicable laws and
regulations. Use of the materials by the government constitutes
acknowledgment of IDeACOM’s or other owner’s proprietary rights in them.
REVISIONS TO THIS AGREEMENT
IDeACOM may revise this Agreement at any
time without notice by updating this posting. By using this Site you agree
to be bound by any such revisions and should therefore periodically visit
this Site and page to determine the then current terms and conditions of
use to which you are bound.
TRANSMISSIONS
Any material, information or idea you
transmit to or post on this Site by any means will be treated as
non-confidential and non-proprietary and may be disseminated or used by
IDeACOM or its affiliates for any purpose whatsoever, including, but not
limited to, developing, manufacturing and marketing products. You are
prohibited from posting or transmitting to or from this Site any unlawful,
threatening, libelous, defamatory, obscene, scandalous, inflammatory,
pornographic, profane material or any other material, including but not
limited to any material that could give rise to any civil or criminal
liability under both domestic and international law.
APPLICABLE LAWS & MISCELLANEOUS
If any provision(s) of this Agreement is
held by a court of competent jurisdiction to be contrary to law, then such
provision(s) shall be construed, as nearly as possible, to reflect the
intentions of the parties with the other provisions remaining in full
force and effect. IDeACOM’s failure to exercise or enforce any right or
provision of this Agreement shall not constitute a waiver of such right or
provision unless acknowledged and agreed to by IDeACOM in writing. The
section titles in this Agreement are solely used for the convenience of
the parties and have no legal or contractual significance. This Agreement
may be assigned in whole or in part by IDeACOM. This Agreement may not be
assigned in any manner by you without the express, prior written
permission of IDeACOM. This Agreement shall be governed by and construed
in accordance with the laws of the State of Tennessee notwithstanding any
conflict of laws provisions. You irrevocably and unconditionally (i)
consent to submit to the exclusive jurisdiction of the courts of Tennessee
in the City of Knoxville or in the next closest federal court (the "Tennessee
Courts") for any litigation arising out of or relating to this
Agreement, (ii) agree not to commence any litigation arising out of or
relating to this Agreement except in the Tennessee Courts, (iii) agree not
to plead or claim that such litigation brought therein has been brought in
an inconvenient forum, and (iv) agree the Tennessee courts represent the
exclusive jurisdiction for all disputes relating to this Agreement.
AGENT FOR DIGITAL MILLENNIUM COPYRIGHT
ACT
- IDeACOM Technologies, Inc.
- John Henderson, Director of Marketing
- 4408 Middlebrook Pike
- Knoxville, TN 37921
- Phone: 865-588-5723
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