|
(a.k.a. Appropriate Use Policy) 1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE
PLEASE READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING TTR SERVICES. BY COMPLETING THE REGISTRATION PROCESS AND SELETING THE REGISTER BUTTON YOU SIGNIFY YOUR ACCEPTANCE OF THE "TTR SERVICE AGREEMENT", AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS SET FORTH WITHIN SAID AGREEMENT.
2. DESCRIPTION OF SERVICE
Member must: (1) provide all equipment, including a computer and modem, necessary to establish a connection to the World Wide Web; (2)provide for own access to the World Wide Web and pay any telephone Service fees associated with such access.
In consideration for this Service, Member agrees to: (1) provide certain current, complete, and accurate information about Member as prompted to do so by TTR and (2) maintain and update this information as required to keep it current, complete and accurate. All information requested on original sign up shall be referred to as "Registration Data".
Furthermore, Member grants TTR the right to disclose to third parties certain Registration Data about Member and Service membership in the aggregate; however, such disclosures will exclude Member's name, mailing address, email address, account and phone number, unless: (1) Member expressly directs TTR, or any other person Member may specifically designate, to disclose such information
through TTR as provided by TTR or (2) TTR is required to disclose such information by any applicable law or legal process served on TTR.
If any information provided by Member is inaccurate, TTR retains the right to terminate Member's membership and rights to use the TTR.
3. MODIFICATIONS TO TERMS OF SERVICE
TTR may modify the "TTR Service Agreement" at any time, and such modifications shall be effective immediately by either posting the modified agreement or by notifying Member. Member agrees to review the agreement periodically to be aware of such modifications. Member's continued access or use of the Service shall be deemed conclusive acceptance of the modified agreement.
4. MODIFICATIONS TO SERVICE
TTR reserves the right to modify or discontinue the Service with or without notice to Member. TTR shall not be liable to Member or any third
party should TTR exercise its right to modify or discontinue the Service.
5. DISCLAIMER OF WARRANTIES
MEMBER EXPRESSLY AGREES THAT USE OF THE SERVICE IS
AT MEMBER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS
IS"; AND "AS AVAILABLE"; BASIS.
TTR DOES NOT ASSUME ANY RESPONSIBILITY OR RISK FOR MEMBER USE OF THE SERVICE OR THE INTERNET.
TTR DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE, INFORMATION OR
SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY.
TTR SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER
DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. EXCEPT AS OTHERWISE
EXPRESSLY SPECIFIED, TTR DOES NOT WARRANT THE ACCURACY,
COMPLETENESS OR CORRECTNESS, TIMELINESS, OR USEFULNESS OF ANY OPINIONS,
ADVICE, SERVICES, MERCHANDISE OR OTHER INFORMATION PROVIDED THROUGH
TTR OR ON THE INTERNET GENERALLY.
IN NO EVENT WILL TTR BE LIABLE TO MEMBER OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY MEMBER OR BY ANYONE ELSE IN RELIANCE UPON THE INFORMATION PROVIDED THROUGH TTR.
TTR MAKES NO WARRANTY THAT THE SERVICE WILL MEET MEMBER REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES TTR MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.
MEMBER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR
DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE
IS DONE AT MEMBER'S OWN DISCRETION AND RISK AND THAT MEMBER WILL
BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO MEMBER'S COMPUTER SYSTEM
OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL
AND/OR DATA.
TTR MAKES NO WARRANTY REGARDING ANY GOODS OR
SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY MEMBER FROM TTR OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
6. LIMITATION OF LIABILITY
TTR SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASE OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF MEMBER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF TTR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. PRIVACY POLICY
It is TTR's policy to respect the privacy of its Members. Therefore, in addition to the privacy of Registration Data as discussed in Section 2 above, TTR will not monitor, edit, or disclose the contents of a Member's private communications unless required to do so by law or in the good faith belief that such action is necessary to: (1) conform to the edicts of the law or comply with legal process served on TTR; (2) protect
and defend the rights or property of TTR; or (3) act under
exigent circumstances to protect the personal safety of its Members
or the public.
Member acknowledges and agrees that TTR neither
endorses the contents of any Member communications nor assumes
responsibility for any threatening, libelous, obscene, harassing or offensive material contained therein, any infringement of third party intellectual property rights arising therefrom or any crime facilitated thereby.
8. MEMBER ACCOUNT, PASSWORD, AND SECURITY
Once you become a Member of TTR, you shall
receive a password and an account. You are entirely responsible
for maintaining the confidentiality of your password and
account. Furthermore, you are entirely responsible for any and
all activities which occur under your account. You may change
your password or icon at any time by following instructions; you
may also set up a new account and close an old one at your convenience.
Member will implement sufficient procedures and checkpoints on
their computer system to satisfy their requirements for accuracy and security.
Member agrees to immediately notify TTR of any
unauthorized use of Member's account or any other breach of security
known to Member.
9. MEMBER RULES OF CONDUCT
In order to maintain an informative and valuable Service that meets the
needs of the Members and avoids the harm that can result from
disseminating statements that are false, malicious, violative of the
rights of others, or otherwise harmful, it is necessary to establish the
following rules to protect against abuse:
It is not TTR's intent to discourage Members from taking
controversial positions or expressing vigorously what may be unpopular
views; however, TTR reserves the right to take such action as it
deems appropriate in cases where the Service is used to disseminate
statements which are deeply and widely offensive and/or harmful.
10. INDEMNIFICATION
Member agrees to indemnify and hold TTR, its
parents, subsidiaries, affiliates, officers and employees, harmless
from any claim or demand, including reasonable attorneys' fees,
made by any third party due to or arising out of Members use
of the Service, the violation of this Service by Member, or the infringement
by Member, or other user of the Service using Member's computer,
of any intellectual property or other right of any person or entity.
11. TERMINATION
Either Member or TTR may terminate the Service
with or without cause at any time and effective immediately.
Termination shall be accompanied by a written notice to the other
party. TTR shall not be liable to Member or any third party
for termination of Service. Suspension with/without notice may be executed
at TTR discretion if actions by the member give due cause.
Should Member object to any TTR terms and conditions
or any subsequent modifications thereto or become dissatisfied with the Service in any way, Member's only recourse is to immediately: (1) discontinue use of the Service; (2) terminate Service membership; and (3) notify TTR of termination.
Upon termination of the Service, Member's right to
use the Service and Software immediately ceases. Member shall
have no right and TTR will have no obligation thereafter to
forward any unread or unsent messages to Member or any third party.
12. NOTICE
All notices to a party shall be in writing and shall be made either via email or conventional mail.
TTR may broadcast notices or messages through the Service to inform Member of changes to TTR, the Service, or other matters of importance; such broadcasts shall constitute notice to Member.
13. PARTICIPATION IN PROMOTIONS OF ADVERTISERS
Member may enter into correspondence with or participate
in promotions of the Advertisers showing their products on the
Service. Any such correspondence or promotions, including the
delivery of and the payment for goods and Services, and any other
terms, conditions, warranties or representations associated with
such correspondence or promotions, are solely between the corresponding
Member and the Advertiser. TTR assumes no liability, obligation
or responsibility for any part of any such correspondence or promotion.
14. PROPRIETARY RIGHTS TO CONTENT
Member acknowledges that content, including but not
limited to text, software, music, sound, photographs, video, graphics
or other material contained in either sponsor advertisements or
email-distributed, commercially produced information presented
to Member by the Service ("Content") by TTR or
TTR'sAdvertisers, is protected by copyrights, trademarks,
Service marks, patents or other proprietary rights and laws; therefore,
Member is only permitted to use this Content as expressly authorized
by the Service or the Advertiser. Member may not copy, reproduce,
distribute, or create derivative works from this Content without
expressly being authorized to do so by the Service or the Advertiser.
15. LAWS
TTR makes use of the Internet to offer Service; therefore, Member's conduct
is subject to Internet regulations, policies and procedures.
TTR shall be governed by and construed in accordance
with the laws of the state of Colorado, excluding its conflict
of law provisions. (Current ref:CRS 18-5.5-101 and
CRS 18-5.5-102 at Siteas of 3/2000)
Member and TTR agree to submit to the exclusive
jurisdiction of the courts of the state of Colorado.
If any provision(s) of TTR are 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.
TTR's failure to exercise or enforce any right or provision of the Service shall not constitute a waiver of such right or provision unless acknowledged and agreed to by TTR
in writing.
Member and TTR agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such
cause of action is permanently barred.
|
|
Intercontinental Conferencing Services © 1996TTR Conferencing Services © 2006 |
|