|
AGREEMENT
BETWEEN USER AND THE NETWORK OPERATIONS CENTER, LLC
The Network Operations Center, LLC Web Site is comprised of various Web
pages operated by The Network Operations Center, LLC.
The Network Operations Center, LLC Web Site is offered to you conditioned
on your acceptance without modification of the terms, conditions, and notices
contained herein. Your use of The Network Operations Center, LLC Web Site
constitutes your agreement to all such terms, conditions, and notices.
MODIFICATION OF THESE TERMS OF USE
The Network Operations Center, LLC reserves the right to change the terms,
conditions, and notices under which The Network Operations Center, LLC Web
Site is offered, including but not limited to the charges associated with the
use of The Network Operations Center, LLC Web Site.
LINKS TO THIRD PARTY SITES
The Network Operations Center, LLC Web Site may contain links to other Web
Sites ("Linked Sites"). The Linked Sites are not under the control of The
Network Operations Center, LLC and The Network Operations Center, LLC is not
responsible for the contents of any Linked Site, including without limitation
any link contained in a Linked Site, or any changes or updates to a Linked
Site. The Network Operations Center, LLC is not responsible for webcasting or
any other form of transmission received from any Linked Site. The Network
Operations Center, LLC is providing these links to you only as a convenience,
and the inclusion of any link does not imply endorsement by The Network
Operations Center, LLC of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of The Network Operations Center, LLC Web Site,
you warrant to The Network Operations Center, LLC that you will not use The
Network Operations Center, LLC Web Site for any purpose that is unlawful or
prohibited by these terms, conditions, and notices. You may not use The
Network Operations Center, LLC Web Site in any manner which could damage,
disable, overburden, or impair The Network Operations Center, LLC Web Site
or interfere with any other party's use and enjoyment of The Network
Operations Center, LLC Web Site. You may not obtain or attempt to obtain any
materials or information through any means not intentionally made available or
provided for through The Network Operations Center, LLC Web Sites.
USE OF COMMUNICATION SERVICES
The Network Operations Center, LLC Web Site may contain bulletin board
services, chat areas, news groups, forums, communities, personal web pages,
calendars, and/or other message or communication facilities designed to enable
you to communicate with the public at large or with a group (collectively,
"Communication Services"), you agree to use the Communication Services only to
post, send and receive messages and material that are proper and related to the
particular Communication Service. By way of example, and not as a limitation,
you agree that when using a Communication Service, you will not:
-
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, infringing, obscene, indecent or unlawful topic, name, material or
information.
-
Upload files that contain software or other material protected by intellectual
property laws (or by rights of privacy of publicity) unless you own or control
the rights thereto or have received all necessary consents.
-
Upload files that contain viruses, corrupted files, or any other similar
software or programs that may damage the operation of another's computer.
-
Advertise or offer to sell or buy any goods or services for any business
purpose, unless such Communication Service specifically allows such messages.
-
Conduct or forward surveys, contests, pyramid schemes or chain letters.
-
Download any file posted by another user of a Communication Service that you
know, or reasonably should know, cannot be legally distributed in such manner.
-
Falsify or delete any 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, without their consent.
-
Violate any applicable laws or regulations.
The Network Operations Center, LLC has no obligation to monitor the
Communication Services. However, The Network Operations Center, LLC reserves
the right to review materials posted to a Communication Service and to remove
any materials in its sole discretion. The Network Operations Center, LLC
reserves the right to terminate your access to any or all of the Communication
Services at any time without notice for any reason whatsoever.
The Network Operations Center, LLC reserves the right at all times to disclose
any information as 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 The Network Operations
Center, LLC's sole discretion.
Always use caution when giving out any personally identifying information about
yourself or your children in any Communication Service. The Network Operations
Center, LLC does not control or endorse the content, messages or information
found in any Communication Service and, therefore, The Network Operations
Center, LLC specifically disclaims any liability with regard to the
Communication Services and any actions resulting from your participation in any
Communication Service. Managers and hosts are not authorized The Network
Operations Center, LLC spokespersons, and their views do not necessarily
reflect those of The Network Operations Center, LLC.
Materials uploaded to a Communication Service 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 THE NETWORK OPERATIONS CENTER, LLC OR
POSTED AT ANY THE NETWORK OPERATIONS CENTER, LLC WEB SITE
The Network Operations Center, LLC does not claim ownership of the materials
you provide to The Network Operations Center, LLC (including feedback and
suggestions) or post, upload, input or submit to any The Network Operations
Center, LLC Web Site or its associated services (collectively "Submissions").
However, by posting, uploading, inputting, providing or submitting your
Submission you are granting The Network Operations Center, LLC, its affiliated
companies and necessary sublicensees permission to use your Submission in
connection with the operation of their Internet businesses including, without
limitation, the rights to: copy, distribute, transmit, publicly display,
publicly perform, reproduce, edit, translate and reformat your Submission; and
to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as
provided herein. The Network Operations Center, LLC is under no obligation to
post or use any Submission you may provide and may remove any Submission at any
time in The Network Operations Center, LLC's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you
warrant and represent that you own or otherwise control all of the rights to
your Submission as described in this section including, without limitation, all
the rights necessary for you to provide, post, upload, input or submit the
Submissions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE
THROUGH THE NETWORK OPERATIONS CENTER, LLC WEB SITE MAY INCLUDE
INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN. THE NETWORK OPERATIONS CENTER, LLC AND/OR ITS SUPPLIERS MAY
MAKE IMPROVEMENTS AND/OR CHANGES IN THE NETWORK OPERATIONS CENTER, LLC WEB
SITE AT ANY TIME. ADVICE RECEIVED VIA THE NETWORK OPERATIONS CENTER, LLC
WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL
DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC
ADVICE TAILORED TO YOUR SITUATION.
THE NETWORK OPERATIONS CENTER, LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS
ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF
THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON
THE NETWORK OPERATIONS CENTER, LLC WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR
CONDITION OF ANY KIND. THE NETWORK OPERATIONS CENTER, LLC AND/OR ITS SUPPLIERS
HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED
WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL The
Network Operations Center, LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES
WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR
PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF
THE NETWORK OPERATIONS CENTER, LLC WEB SITE, WITH THE DELAY OR INABILITY TO
USE THE NETWORK OPERATIONS CENTER, LLC WEB SITE OR RELATED SERVICES, THE
PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE NETWORK OPERATIONS CENTER, LLC WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE NETWORK OPERATIONS CENTER, LLC WEB SITE, WHETHER BASED ON CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF The Network Operations
Center, LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF
DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF
THE NETWORK OPERATIONS CENTER, LLC WEB SITE, OR WITH ANY OF THESE TERMS OF
USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE NETWORK OPERATIONS CENTER, LLC WEB SITE.
SERVICE CONTACT : webmaster@tnoc.net
TERMINATION/ACCESS RESTRICTION
The Network Operations Center, LLC reserves the right, in its sole discretion,
to terminate your access to The Network Operations Center, LLC Web Site and
the related services or any portion thereof at any time, without notice.
GENERAL To the maximum extent permitted by law, this agreement is governed by
the laws of the State of Washington, U.S.A. and you hereby consent to the
exclusive jurisdiction and venue of courts in King County, Washington, U.S.A.
in all disputes arising out of or relating to the use of The Network
Operations Center, LLC Web Site. Use of The Network Operations Center, LLC
Web Site is unauthorized in any jurisdiction that does not give effect to all
provisions of these terms and conditions, including without limitation this
paragraph. You agree that no joint venture, partnership, employment, or agency
relationship exists between you and The Network Operations Center, LLC as a
result of this agreement or use of The Network Operations Center, LLC Web
Site. The Network Operations Center, LLC's performance of this agreement is
subject to existing laws and legal process, and nothing contained in this
agreement is in derogation of The Network Operations Center, LLC's right to
comply with governmental, court and law enforcement requests or requirements
relating to your use of The Network Operations Center, LLC Web Site or
information provided to or gathered by The Network Operations Center, LLC with
respect to such use. If any part of this agreement is determined to be invalid
or unenforceable pursuant to applicable law including, but not limited to, the
warranty disclaimers and liability limitations set forth above, then the
invalid or unenforceable provision will be deemed superseded by a valid,
enforceable provision that most closely matches the intent of the original
provision and the remainder of the agreement shall continue in effect. Unless
otherwise specified herein, this agreement constitutes the entire agreement
between the user and The Network Operations Center, LLC with respect to The
Network Operations Center, LLC Web Site and it supersedes all prior or
contemporaneous communications and proposals, whether electronic, oral or
written, between the user and The Network Operations Center, LLC with respect
to The Network Operations Center, LLC Web Site. A printed version of this
agreement and of any notice given in electronic form shall be admissible in
judicial or administrative proceedings based upon or relating to this agreement
to the same extent an d subject to the same conditions as other business
documents and records originally generated and maintained in printed form. It
is the express wish to the parties that this agreement and all related
documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of The Network Operations Center, LLC Web Site are: Copyright
2005 The Network Operations Center, LLC and/or its suppliers. All rights
reserved.
TRADEMARKS
The names of actual companies and products mentioned herein may be the
trademarks of their respective owners.
The example companies, organizations, products, people and events depicted
herein are fictitious. No association with any real company, organization,
product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
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 under United States copyright law should be sent
to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE
FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for
Making Claims of Copyright Infringement.
|
|