- 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
Communication
Services, Inc., Privacy Policy, by posting the amended terms on this
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.
1. Privacy Policy
Please refer to the Privacy Policy for this site for information on how
Communication Services, Inc., uses and collects
information.
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.
3. Confidentiality
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.
4. Trademarks
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.
7. Submissions
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
following:
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.
9. Hyperlinks
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.
12. Disclaimer
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.
14. Indemnification
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
Communication
Services, Inc., reserves the right to amend at any time any policies governing
this Web site, including these Terms and Conditions and
Communication Services, Inc., Privacy Policy, by posting the
amended terms and providing notice of such amendments. The amended terms shall
be effective immediately after they are initially posted on this Web site. If
you do not accept the amended terms, you should cease using this Web site.
17. Termination
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.
18. Severity
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 legal.affairs@com-serv.com.