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Terms
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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.
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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