DESCRIPTION OF SERVICES.
Through its network of Web properties, Datanet ISP provides you with
access to a variety of resources, including developer tools, download areas,
communication forums and product information (collectively "Services").
The Services, including any updates, enhancements, new features, and/or
the addition of any new Web properties, are subject to the TOU.
PERSONAL AND NON-COMMERCIAL USE LIMITATION.
Unless otherwise specified, the Services are for your personal and
non-commercial use. You may not modify, copy, distribute, transmit, display,
perform, reproduce, publish, license, create derivative works from, transfer,
or sell any information, software, products or services obtained from the
Services.
NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEB SITE.
Any software that is made available to download from the Services ("Software")
is the copyrighted work of Datanet ISP and/or its suppliers. Use of the
Software is governed by the terms of the end user license agreement, if
any, which accompanies or is included with the Software ("License Agreement").
An end user will be unable to install any Software that is accompanied
by or includes a License Agreement, unless he or she first agrees to the
License Agreement terms.
The Software is made available for download solely for use by end users
according to the License Agreement. Any reproduction or redistribution
of the Software not in accordance with the License Agreement is expressly
prohibited by law, and may result in severe civil and criminal penalties.
Violators will be prosecuted to the maximum extent possible.
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 SUCH REPRODUCTION OR REDISTRIBUTION IS
EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF
THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, DATANET
ISP CORPORATION HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD
TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY,
WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE AND NON-INFRINGEMENT.
FOR YOUR CONVENIENCE, DATANET ISP MAY MAKE AVAILABLE AS PART OF THE
SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR
DOWNLOAD. DATANET ISP DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY
OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND
UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN
USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE SERVICES OR IN DATANET
ISP SOFTWARE PRODUCTS.
RESTRICTED RIGHTS LEGEND. Any Software which is downloaded from the Services for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software.
NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEB SITE.
Permission to use Documents (such as white papers, press releases,
datasheets and FAQs) from the Services is granted, provided that (1) the
below copyright notice appears in all copies and that both the copyright
notice and this permission notice appear, (2) use of such Documents from
the Services is for informational and non-commercial or personal use only
and will not be copied or posted on any network computer or broadcast in
any media, and (3) no modifications of any Documents are made. Accredited
educational institutions, such as K-12, universities, private/public colleges,
and state community colleges, may download and reproduce the Documents
for distribution in the classroom. Distribution outside the classroom requires
express written permission. Use for any other purpose is expressly prohibited
by law, and may result in severe civil and criminal penalties. Violators
will be prosecuted to the maximum extent possible.
Documents specified above do not include the design or layout of the
Datanet ISP.com Web site or any other Datanet ISP owned, operated, licensed
or controlled site. Elements of Datanet ISP Web sites are protected by
trade dress, trademark, unfair competition, and other laws and may not
be copied or imitated in whole or in part. No logo, graphic, sound or image
from any Datanet ISP Web site may be copied or retransmitted unless expressly
permitted by Datanet ISP.
DATANET ISP AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS
ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND
RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL
SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY
OF ANY KIND. DATANET ISP AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM
ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING
ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED
OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
IN NO EVENT SHALL DATANET ISP AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE
FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER
RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT,
NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH
THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE SERVICES.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD
INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY
ADDED TO THE INFORMATION HEREIN. DATANET ISP AND/OR ITS RESPECTIVE SUPPLIERS
MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S)
DESCRIBED HEREIN AT ANY TIME.
NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THIS
WEB SITE.
IN NO EVENT SHALL DATANET ISP AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE
FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER
RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT,
NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH
THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE
TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.
MEMBER ACCOUNT, PASSWORD, AND SECURITY.
If any of the Services requires you to open an account, you must complete
the registration process by providing us with current, complete and accurate
information as prompted by the applicable registration form. You also will
choose a password and a user name. You are entirely responsible for maintaining
the confidentiality of your password and account. Furthermore, you are
entirely responsible for any and all activities that occur under your account.
You agree to notify Datanet ISP immediately of any unauthorized use of
your account or any other breach of security. Datanet ISP will not be liable
for any loss that you may incur as a result of someone else using your
password or account, either with or without your knowledge. However, you
could be held liable for losses incurred by Datanet ISP or another party
due to someone else using your account or password. You may not use anyone
else's account at any time, without the permission of the account holder.
NO UNLAWFUL OR PROHIBITED USE.
As a condition of your use of the Services, you will not use the Services
for any purpose that is unlawful or prohibited by these terms, conditions,
and notices. You may not use the Services in any manner that could damage,
disable, overburden, or impair any Datanet ISP server, or the network(s)
connected to any Datanet ISP server, or interfere with any other party's
use and enjoyment of any Services. You may not attempt to gain unauthorized
access to any Services, other accounts, computer systems or networks connected
to any Datanet ISP server or to any of the Services, through hacking, password
mining or any other means. You may not obtain or attempt to obtain any
materials or information through any means not intentionally made available
through the Services.
USE OF SERVICES.
The Services may contain e-mail services, bulletin board services,
chat areas, news groups, forums, communities, personal web pages, calendars,
photo albums, file cabinets and/or other message or communication facilities
designed to enable you to communicate with others (each a "Communication
Service" and collectively "Communication Services"). You agree to use the
Communication Services only to post, send and receive messages and material
that are proper and, when applicable, related to the particular Communication
Service. By way of example, and not as a limitation, you agree that when
using the Communication Services, you will not:
Use the Communication Services in connection with surveys, contests,
pyramid schemes, chain letters, junk email, spamming or any duplicative
or unsolicited messages (commercial or otherwise).
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, obscene, indecent or unlawful topic, name, material
or information.
Upload, or otherwise make available, files that contain images, photographs,
software or other material protected by intellectual property laws, including,
by way of example, and not as limitation, copyright or trademark laws (or
by rights of privacy or publicity) unless you own or control the rights
thereto or have received all necessary consent to do the same.
Use any material or information, including images or photographs, which
are made available through the Services in any manner that infringes any
copyright, trademark, patent, trade secret, or other proprietary right
of any party.
Upload files that contain viruses, Trojan horses, worms, time bombs,
cancelbots, corrupted files, or any other similar software or programs
that may damage the operation of another's computer or property of another.
Advertise or offer to sell or buy any goods or services for any business
purpose, unless such Communication Services specifically allows such messages.
Download any file posted by another user of a Communication Service
that you know, or reasonably should know, cannot be legally reproduced,
displayed, performed, and/or distributed in such manner.
Falsify or delete any copyright management information, such as 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.
Violate any applicable laws or regulations.
Create a false identity for the purpose of misleading others.
Use, download or otherwise copy, or provide (whether or not for a fee)
to a person or entity any directory of users of the Services or other user
or usage information or any portion thereof.
Datanet ISP has no obligation to monitor the Communication Services.
However, Datanet ISP reserves the right to review materials posted to the
Communication Services and to remove any materials in its sole discretion.
Datanet ISP reserves the right to terminate your access to any or all of
the Communication Services at any time, without notice, for any reason
whatsoever.
Datanet ISP reserves the right at all times to disclose any information
as Datanet ISP deems 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 Datanet ISP's
sole discretion.
Always use caution when giving out any personally identifiable information
about yourself or your children in any Communication Services. Datanet
ISP does not control or endorse the content, messages or information found
in any Communication Services and, therefore, Datanet ISP specifically
disclaims any liability with regard to the Communication Services and any
actions resulting from your participation in any Communication Services.
Managers and hosts are not authorized Datanet ISP spokespersons, and their
views do not necessarily reflect those of Datanet ISP.
Materials uploaded to the Communication Services 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 DATANET ISP OR POSTED AT ANY DATANET ISP WEB SITE.
Datanet ISP does not claim ownership of the materials you provide to
Datanet ISP (including feedback and suggestions) or post, upload, input
or submit to any Services or its associated services for review by the
general public, or by the members of any public or private community, (each
a "Submission" and collectively "Submissions"). However, by posting, uploading,
inputting, providing or submitting ("Posting") your Submission you are
granting Datanet ISP, its affiliated companies and necessary sublicensees
permission to use your Submission in connection with the operation of their
Internet businesses (including, without limitation, all Datanet ISP Services),
including, without limitation, the license rights to: copy, distribute,
transmit, publicly display, publicly perform, reproduce, edit, translate
and reformat your Submission; to publish your name in connection with your
Submission; and the right to sublicense such rights to any supplier of
the Services.
No compensation will be paid with respect to the use of your Submission,
as provided herein. Datanet ISP is under no obligation to post or use any
Submission you may provide and Datanet ISP may remove any Submission at
any time in its sole discretion.
By Posting a Submission you warrant and represent that you own or otherwise
control all of the rights to your Submission as described in these Terms
of Use including, without limitation, all the rights necessary for you
to provide, post, upload, input or submit the Submissions.
In addition to the warranty and representation set forth above, by
Posting a Submission that contain images, photographs, pictures or that
are otherwise graphical in whole or in part ("Images"), you warrant and
represent that (a) you are the copyright owner of such Images, or that
the copyright owner of such Images has granted you permission to use such
Images or any content and/or images contained in such Images consistent
with the manner and purpose of your use and as otherwise permitted by these
Terms of Use and the Services, (b) you have the rights necessary to grant
the licenses and sublicenses described in these Terms of Use, and (c) that
each person depicted in such Images, if any, has provided consent to the
use of the Images as set forth in these Terms of Use, including, by way
of example, and not as a limitation, the distribution, public display and
reproduction of such Images. By Posting Images, you are granting (a) to
all members of your private community (for each such Images available to
members of such private community), and/or (b) to the general public (for
each such Images available anywhere on the Services, other than a private
community), permission to use your Images in connection with the use, as
permitted by these Terms of Use, of any of the Services, (including, by
way of example, and not as a limitation, making prints and gift items which
include such Images), and including, without limitation, a non-exclusive,
world-wide, royalty-free license to: copy, distribute, transmit, publicly
display, publicly perform, reproduce, edit, translate and reformat your
Images without having your name attached to such Images, and the right
to sublicense such rights to any supplier of the Services. The licenses
granted in the preceding sentences for a Images will terminate at the time
you completely remove such Images from the Services, provided that, such
termination shall not affect any licenses granted in connection with such
Images prior to the time you completely remove such Images. No compensation
will be paid with respect to the use of your Images.
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 should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL NOT RECEIVE A RESPONSE.
LINKS TO THIRD PARTY SITES.
THE LINKS IN THIS AREA WILL LET YOU LEAVE DATANET ISP'S SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF DATANET ISP AND DATANET ISP IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. DATANET ISP IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. DATANET ISP IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY DATANET ISP OF THE SITE.
UNSOLICITED IDEA SUBMISSION POLICY.
DATANET ISP OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN DATANET ISP'S PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO DATANET ISP. SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO DATANET ISP OR ANYONE AT DATANET ISP. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT DATANET ISP MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.
TRADEMARKS
Datanet, Datanet ISP, Datanet Internet Service Provider, and/or other Datanet ISP products referenced herein are either registered trademarks or trademarks of Datanet ISP Corporation in the U.S. and/or other countries. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, domain names, email addresses, logos, people and events depicted herein are fictitious. No association with any real company, organization, product, domain name, e-mail address, logo, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
Send your questions to the appropriate contact as listed below:
Datanet ISP Web properties, contact: admin@datanet-isp.net
Web properties, contact: webmaster@datanet-isp.net
Piracy questions can be routed to: admin@datanet-isp.net