Terms of Use
When using ITNetwork365, you agree to the following terms and conditions
(the "Terms of Use"). You can always check out the most
current version of these Terms of Use at this page. In addition,
when using particular ITNetwork365 services, you shall be subject
to any posted guidelines applicable to such services. If you do
not agree to these Terms of Use please do not use the site and do
not register to be a member of ITNetwork365. We reserve the right,
at our discretion, to change, modify, add, or remove portions of
these Terms of Use at any time. Please check these terms periodically
for changes. Your continued use of the ITNetwork365 Service following
the posting of changes to these terms (including ITNetwork365 Forum
Guidelines) will mean you accept those changes.
General Terms of Use and Restrictions on Use of Materials
By using
the ITNetwork365 Service, you agree to be legally bound and to abide
by the Terms of Use, just as if you had signed this Agreement. If
you do not comply with the Terms of Use at any time, ITNetwork365
reserves the right to limit your access to the ITNetwork365 Service.
ITNetwork365 may discontinue or alter any aspect of the ITNetwork365
Service, including, but not limited to, (i) restricting the time
the ITNetwork365 Service is available, (ii) restricting the amount
of use permitted, and (iii) restricting or terminating any user's
right to use the ITNetwork365 Service, at ITNetwork365 sole discretion
and without prior notice or liability.
In order to permit ITNetwork365 to protect the quality of its products
and services, you hereby consent to ITNetwork365 employees being able
to access your account and records on a case by case basis to investigate
complaints or other allegations or abuse.
You acknowledge that the ITNetwork365 Service may contain information,
software (including scripts posted by others), photos, video, text,
graphics, music, sounds or other material (collectively, "Content")
that are protected by copyrights, patents, trademarks, trade secrets
or other proprietary rights, and that these rights are valid and
protected in all forms, media and technologies existing now or here
after developed. All Content is copyrighted as a collective work
under the U.S. copyright laws, and ITNetwork365 owns a copyright in
the selection, coordination, arrangement and enhancement of such
Content.
ITNetwork365 Privacy Policy
The Company collects, stores and uses data collected from you in
accordance with the Company's Privacy Policy.
Community Standards and Conduct in ITNetwork365 Forums
You acknowledge that all Content, whether publicly posted or privately
transmitted, is the sole responsibility of the person from which
such Content originated. This means that you are entirely responsible
for all Content that you post, email or otherwise transmit via the
ITNetwork365 Service. ITNetwork365 does not control all of the Content
posted via the ITNetwork365 Service and, as such, does not guarantee
the accuracy, integrity or quality of such Content. You understand
that by using the ITNetwork365 Service, you may be exposed to Content
that is offensive, indecent or objectionable. Under no circumstances
will ITNetwork365 be liable in any way for any Content, including,
but not limited to, for any errors or omissions in any Content,
or for any loss or damage of any kind incurred as a result of the
use of any Content posted, emailed or otherwise transmitted via
the ITNetwork365 Service.
You agree to not use the ITNetwork365 Service (including the ITNetwork365
Forums described below) to:
-- upload, post, email or otherwise transmit any Content that is unlawful,
harmful, threatening, abusive, harassing, tortuous, defamatory,
vulgar, obscene, libelous, invasive of another's privacy, hateful,
or racially, ethnically or otherwise objectionable;
-- harm minors in any way;
-- impersonate any person or entity, including, but not limited to,
a ITNetwork365 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 Service;
-- upload, post, 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, or otherwise transmit any Content that infringes any
patent, trademark, trade secret, copyright or other proprietary
rights of any party;
-- upload, post, 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 that are designated
for such purpose;
-- upload, post, 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 ITNetwork365 Service or an ITNetwork365
Forum are able to type, or otherwise act in a manner that negatively
affects other users' ability to engage in meaningful exchanges;
-- interfere with or disrupt the ITNetwork365 Service or servers or networks
connected to the ITNetwork365 Service, or disobey any requirements,
procedures, policies or regulations of networks connected to the
ITNetwork365 Service;
-- intentionally or unintentionally violate any applicable local, state,
national or international law;
-- "stalk" or otherwise harass another member or user of
the ITNetwork365 Service; or
-- collect or store personal data about other users or members.
-- A "Forum" refers to any chat area, bulletin board, "instant
messaging" or virtual community offered as part of the ITNetwork365
Service.
All ITNetwork365 Forum communications are public and not private
communications. You shall remain solely responsible for the content
of your messages. Although ITNetwork365 reserves the right to remove
without notice any Forum posting for any reason, we have no obligation
to delete content that you may find objectionable or offensive.
By uploading materials to any Forum or submitting any materials
to us, you automatically grant (or warrant that the owner of such
materials has expressly granted) us a perpetual, royalty-free, irrevocable,
non- exclusive right and license to use, reproduce, modify, adapt,
publish, translate, create derivative works from and distribute
such materials or incorporate such materials into any form, medium,
or technology now known or later developed throughout the universe.
In addition, you warrant that all so-called "moral rights"
in those materials have been waived.
Your privilege to use the ITNetwork365 Forums and contribute to discussions
on the ITNetwork365 Forums depends on your compliance with the member
conduct guidelines set forth above. ITNetwork365 may revoke your registration
privileges and/or take any other appropriate measures to enforce
these guidelines if violations are brought to our attention. Further,
ITNetwork365, in its sole discretion, may terminate your membership
or participation in any community, chat room or other Forum for
any reason.
ITNetwork365 reserves the right to monitor some, all, or no areas
of ITNetwork365 Forums for adherence to these or other rules that
may be published from time to time. You acknowledge that by providing
you with the ability to distribute your content, ITNetwork365 is acting
as a passive conduit for such distribution and ITNetwork365 is not
undertaking any obligation or liability relating to any content
or activities on the Web Site or in any Forum or Forum area.
Submissions
By posting or submitting content to this site, you grant ITNetwork365
and its affiliates and licensees the right to use, reproduce, display,
perform, adapt, modify, distribute, have distributed, and promote
the content in any form, anywhere and for any purpose; and warrant
and represent that you own or otherwise control all of the rights
to the content and that public posting and use of your content by
ITNetwork365 will not infringe or violate the rights of any third
party.
If you send us scripts, creative suggestions, ideas, notes, drawings,
or other information (collectively, the "Submissions"),
the Submissions shall be deemed, and shall remain, the property
of ITNetwork365. None of the Submissions shall be subject to any obligation
of confidence on the part of ITNetwork365, and ITNetwork365 shall not
be liable for any use or disclosure of any Submissions. Without
limitation of the foregoing, ITNetwork365 shall exclusively own all
now known or hereafter existing rights to the Submissions of every
kind and nature throughout the universe and shall be entitled to
unrestricted use of the Submissions for any purpose whatsoever,
commercial or otherwise, without compensation to the provider of
the Submissions.
Links
The ITNetwork365 Service may provide, or third parties may provide,
links to other World Wide Web sites or resources. Because ITNetwork365
has no control over such sites and resources, you acknowledge and
agree that ITNetwork365 is not responsible for the availability of
such external sites or resources, and does not endorse and is not
responsible or liable for any Content, advertising, products, or
other materials on or available from such sites or resources. You
further acknowledge and agree that ITNetwork365 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 use of or reliance
on any such Content, goods or services available on or through any
such site or resource.
DISCLAIMER
ITNetwork365 uses diligent efforts to maintain the ITNetwork365 Service,
but ITNetwork365 is not responsible for any defects or failures associated
with the ITNetwork365 Service or any damages (such as lost profits
or other consequential damages) that may result from any such defects
or failures. In addition, ITNetwork365 makes no guarantees as to the
sites and information located worldwide throughout the Internet
to which you may access as a result of the use of the ITNetwork365
Service, including as to the accuracy, content, or quality of any
such sites and information.
PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:
THE ITNetwork365 SERVICE IS PROVIDED "AS IS" AND YOU USE
IT AT YOUR SOLE RISK. ITNetwork365 EXPRESSLY DISCLAIMS ALL WARRANTIES
OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT.
WITHOUT LIMITATION, ITNetwork365 MAKES NO WARRANTY THAT THE ITNetwork365
SERVICE WILL MEET YOUR REQUIREMENTS, THAT IT WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE
USE OF THE ITNetwork365 SERVICE WILL BE ACCURATE OR RELIABLE, OR THAT
THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL
OBTAINED THROUGH THE ITNetwork365 SERVICE WILL MEET YOUR EXPECTATIONS.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF
THE ITNetwork365 SERVICE IS DONE AT YOUR SOLE RISK AND YOU WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS
OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY
YOU THROUGH THE ITNetwork365 SERVICE SHALL CREATE ANY WARRANTY NOT
EXPRESSLY PROVICED FOR IN THESE TERMS OF USE.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ITNetwork365 SHALL NOT BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR
LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES
(EVEN IF ITNetwork365 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE
ITNetwork365 SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS
AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES
PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED
INTO THROUGH OR FROM THE ITNetwork365 SERVICE; (iii) UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS
OR CONDUCT OF ANY THIRD PARTY ON THE ITNetwork365 SERVICE; OR (v)
ANY OTHER MATTER RELATING TO THE ITNetwork365 SERVICE. IN NO EVENT
SHALL ITNetwork365' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES,
AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT
NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID
BY YOU, IF ANY, FOR ACCESSING THIS SITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES
OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY
TO YOU.
Indemnification
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 AGREE
TO INDEMNIFY, DEFEND AND HOLD HARMLESS INET INTERACTIVE, LLC AND
ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS FROM
ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS
(INCLUDING, BUT NOT LIMITED TO, ATTORNEYS FEES) ARISING FROM YOUR
USE OF THE ITNetwork365 SERVICE, YOUR VIOLATION OF THE TERMS OF USE
OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF YOUR
ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON
OR ENTITY. YOU AGREE TO IMMEDIATELY NOTIFY ITNetwork365 OF ANY UNAUTHORIZED
USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY KNOWN TO YOU.
Termination and Modification
You agree that ITNetwork365, in its sole discretion, may terminate
your password, account (or any part thereof) or use of the ITNetwork365
Service, and remove and discard any Content within the ITNetwork365
Service, for any or no reason. ITNetwork365 may also in its sole discretion
and at any time discontinue providing the ITNetwork365 Service, or
any part thereof, with or without notice. You agree that any termination
of your access to the ITNetwork365 Service under any provision of
this Terms of Use may be effected without prior notice, and acknowledge
and agree that ITNetwork365 may immediately deactivate or delete your
account and all related information and files in your account and/or
bar any further access to such files or the ITNetwork365 Service.
Further, you agree that ITNetwork365 shall not be liable to you or
any third-party for any termination of your access to the ITNetwork365
Service.
Governing Law and Other Miscellaneous Terms
The validity and effect of these Terms and Conditions shall be governed
by and construed and enforced in accordance with the laws of the
State of Kansas, without regard to its conflicts of laws principles.
The parties expressly disclaim application of the United Nations
Convention on Contracts for the International Sale of Goods. ANY
SUIT, ACTION OR PROCEEDING CONCERNING THE ITNetwork365 SERVICE, ITS
USE, THESE TERMS AND CONDITIONS, OR CONCERNING ANY OTHER POLICY
OR PROCEDURE OF ITNetwork365, MUST BE BROUGHT IN A COURT OF COMPETENT
JURISDICTION IN JOHNSON COUNTY, KANSAS (OR THE APPRPRIATE FEDERAL
COURT FOR SUCH AREA), AND YOU HEREBY IRREVOCABLY CONSENT TO THE
JURISDICTION OF SUCH COURT (AND OF THE APPROPRIATE APPELLATE COURTS
THEREFROM) IN ANY SUCH SUIT, ACTION OR PROCEEDING; AND YOU IRREVOCABLY
WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY OBJECTION
WHICH YOU MAY NOW OR HEREAFTER HAVE TO THE LAYING OF THE VENUE OF
ANY SUCH SUIT, ACTION OR PROCEEDING IN ANY SUCH COURT OR THAT ANY
SUCH SUIT, ACTION OR PROCEEDING WHICH IS BROUGHT IN ANY SUCH COURT
HAS BEEN BROUGHT IN AN INCONVENIENT FORUM.
COPYRIGHT AND COPYRIGHT NOTICES
ITNetwork365 respects the intellectual property of others, and we
ask our users to do the same. ITNetwork365 may, in appropriate circumstances
and at its discretion, terminate the accounts of users who infringe
the intellectual property rights of others. If you believe that
your work has been copied in a way that constitutes copyright infringement,
please provide ITNetwork365 Copyright Agent the following information:
-- an electronic or physical signature of the person authorized to
act on behalf of the owner of the copyright interest;
a description of the copyrighted work that you claim has been infringed;
-- a description of where the material that you claim is infringing
is located on the site;
-- your address, telephone number, and email address;
-- a statement by you that you have a good faith belief that the disputed
use is not authorized by the copyright owner, its agent, or the
law;
-- a statement by you, made under penalty of perjury, that the above
information in your Notice is accurate and that you are the copyright
owner or authorized to act on the copyright owner's behalf.
Please contact ITNetwork365 Copyright Agent for Notice of claims
of copyright infringement at: copyright@ITNetwork365.com