This
Agreement sets forth the
terms and conditions
that govern your access
and use of the
individual Web Sites and
related Internet media
properties owned or
operated by SystemTech
Corporation and
Jupiterimages
Corporation
(collectively
hereinafter "STCS") and
its affiliates and
subsidiaries,
(collectively the
"Site").
PLEASE
READ THIS DOCUMENT
CAREFULLY BEFORE
ACCESSING OR USING THE
SITE. BY ACCESSING OR
USING THE SITE, YOU
AGREE TO BE BOUND BY THE
TERMS AND CONDITIONS SET
FORTH BELOW. IF YOU DO
NOT WISH TO BE BOUND BY
THESE TERMS AND
CONDITIONS, YOU MAY NOT
ACCESS OR USE THE SITE
AND SHOULD IMMEDIATELY
CEASE SUCH USE. STCS MAY
MODIFY THIS AGREEMENT AT
ANY TIME, AND SUCH
MODIFICATIONS SHALL BE
EFFECTIVE IMMEDIATELY
UPON POSTING OF THE
MODIFIED AGREEMENT ON
THE SITE. YOU AGREE TO
REVIEW THE AGREEMENT
PERIODICALLY TO BE AWARE
OF SUCH MODIFICATIONS
AND YOUR CONTINUED
ACCESS OR USE OF THE
SITE SHALL BE DEEMED
YOUR CONCLUSIVE
ACCEPTANCE OF THE
MODIFIED AGREEMENT.
This
Agreement includes
STCS's
Privacy Policy and
any specific terms on
individual STCS Web
sites owned and operated
by STCS, each of which
is incorporated into
this Agreement in its
entirety by reference,
to which You are
indicating Your
agreement and acceptance
to be bound by the
provisions thereof, by
way of your use of the
Site.
1.
Copyright, Licenses and
Idea Submissions.
Domestic
and International
copyright and trademark
laws protect the entire
contents of the Site.
The owners of the
intellectual property,
copyrights and
trademarks are STCS, its
affiliates and
subsidiaries or other
third party licensors.
YOU MAY NOT MODIFY,
COPY, REPRODUCE,
REPUBLISH, UPLOAD, POST,
TRANSMIT, OR DISTRIBUTE,
IN ANY MANNER, THE
MATERIAL ON THE SITE,
INCLUDING TEXT,
GRAPHICS, CODE AND/OR
SOFTWARE.
Subject
to more specific terms
on individual STCS Web
sites, you may print and
download portions of
material from the
different areas of the
Site solely for your own
non-commercial use
provided that you agree
not to change or delete
any copyright or
proprietary notices from
the materials (certain
areas require paid
license fee prior to
downloading any
material). Any material
printed or downloaded by
you from this Site,
including, without
limitation, any text,
files, images, software,
and data accompanying
the foregoing is
licensed to you by
SystemTech. Printing or
downloading the material
does not transfer title
to the material, or any
intellectual property
rights therein, to you.
You may not redistribute
or sell the material.
Subject
to more specific terms
on individual STCS Web
sites, you may post and
submit certain
information and content
to the Site. You agree
to grant to STCS a
non-exclusive,
royalty-free, worldwide,
sub licensable,
perpetual license, with
the right to
sub-license, to
reproduce, distribute,
transmit, create
derivative works of,
publicly display and
publicly perform any
materials and other
information (including,
without limitation,
ideas contained therein
for new or improved
products and services)
you submit to any public
areas of the Site (such
as bulletin boards,
forums and newsgroups)
or by e-mail to STCS by
all means and in any
media now known or
hereafter developed. You
also grant to STCS the
right to use your name
in connection with the
submitted materials and
other information as
well as in connection
with all advertising,
marketing and
promotional material
related thereto. You
agree that you shall
have no recourse against
STCS for any alleged or
actual infringement or
misappropriation of any
proprietary right in
your communications to
STCS.
If you
believe that content
appearing on the Site
constitutes copyright
infringement of another
party's rights, please
submit your complaint
along with any
supporting files and
information to our abuse
and claims department.
STCS may
use the information it
obtains as a result of
your registration with
the Site, including but
not limited to your IP
address, name, mailing
address, and email
address for its internal
business and marketing
purposes and may
disclose the information
to third parties for
such purpose pursuant to
STCS's
Privacy Policy
2.
Trademarks.
SystemTech Media, Derek
Peck Media, Hometown
Media, and/or any other
names of STCS,
internet.com, or its Web
sites, seminars,
conferences, events,
trade shows,
publications, products,
content or services
referenced herein or on
the Site are the
exclusive trademarks or
service marks of STCS,
including the "look" and
"feel" of the Site,
internet.com's color
combinations, layout,
and all other graphical
elements. Any use of
STCS's trademarks is
strictly prohibited
without the express
permission from STCS.
Other product and
company names mentioned
in the Site may be the
trademarks of their
respective owners.
3. Use of
the Site.
You
understand that, except
for information,
products or services
clearly identified as
being supplied by STCS,
STCS does not operate,
control or endorse any
information, products or
services on the Internet
in any way. Except for
STCS identified
information, products or
services, all
information, products
and services offered
through the Site or on
the Internet generally
are offered by third
parties that are not
affiliated with STCS.
You also understand that
STCS cannot and does not
guarantee or warrant
that files available for
downloading through the
Site will be free of
infection or viruses,
worms, Trojan horses or
other code that manifest
contaminating or
destructive properties.
You are responsible for
implementing sufficient
procedures and
checkpoints to satisfy
your particular
requirements for
accuracy of data input
and output, and for
maintaining a means
external to the Site for
the reconstruction of
any lost data.
STCS
offers a search feature
within the Site. STCS
explicitly disclaims any
responsibility for the
content or availability
of information contained
in our search index or
directory. STCS also
disclaims any
responsibility for the
completeness or accuracy
of any directory or
search result.
In
connection with your use
of the Site, you agree
you will not:
a)
Transmit any message,
information, data,
text, software or
images, or other
content ("Material")
that is unlawful,
harmful, threatening,
abusive, harassing,
tortious, defamatory,
vulgar, obscene,
libelous, or otherwise
objectionable that may
invade another's right
of privacy or
publicity;
b)
Impersonate any person
or entity, including
but not limited to, an
STCS official, forum
leader, guide or host
or falsely state or
otherwise misrepresent
your affiliation with
a person or entity;
c) Post
or transmit any
Material that you do
not have a right to
reproduce, display or
transmit under any law
or under contractual
or fiduciary
relationships (such as
nondisclosure
agreements);
d) Post
or transmit any
Material that contains
a virus or corrupted
data;
e)
Delete any author
attributions, legal
notices or proprietary
designations or labels
that you upload to any
communication feature;
f) Use
the Site's
communication features
in a manner that
adversely affects the
availability of its
resources to other
users (e.g., excessive
shouting, use of all
caps, or flooding
continuous posting of
repetitive text);
g) Post
or transmit any
unsolicited
advertising,
promotional materials,
"junk mail", "spam,"
"chain letters,"
"pyramid schemes" or
any other form of
solicitation or any
non-resume information
such as opinions or
notices, commercial or
otherwise;
h)
Violate any applicable
local, state, national
or international law;
i)
Upload or transmit any
Material that
infringes any patent,
trademark, trade
secret, copyright or
other proprietary
rights of any party;
j)
Delete or revise any
Material posted by any
other person or
entity;
k)
Manipulate or
otherwise display the
Site by using framing
or similar
navigational
technology, or
l)
Register, subscribe,
attempt to register,
attempt to subscribe,
unsubscribe, or
attempt to
unsubscribe, any party
for any STCS product
or service if you are
not expressly
authorized by such
party to do so.
YOU
ASSUME TOTAL
RESPONSIBILITY AND RISK
FOR YOUR USE OF THE SITE
AND THE INTERNET. STCS
PROVIDES THE SITE AND
RELATED INFORMATION "AS
IS" AND 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 SITE, ANY
MERCHANDISE,
INFORMATION, SERVICE, OR
TRANSACTION PROVIDED
THROUGH THE SITE OR ON
THE INTERNET GENERALLY,
AND STCS SHALL NOT BE
LIABLE FOR ANY COST OR
DAMAGE ARISING EITHER
DIRECTLY OR INDIRECTLY
FROM YOUR USE OF THE
SITE ANY SUCH
MERCHANDISE,
INFORMATION, SERVICE OR
TRANSACTION. IT IS
SOLELY YOUR
RESPONSIBILITY TO
EVALUATE THE ACCURACY,
COMPLETENESS AND
USEFULNESS OF ALL
OPINIONS, ADVICE,
SERVICES, MERCHANDISE
AND OTHER INFORMATION
PROVIDED THROUGH THE
SITE OR ON THE INTERNET
GENERALLY. YOU
UNDERSTAND FURTHER THAT
THE INTERNET CONTAINS
UNEDITED MATERIALS SOME
OF WHICH ARE SEXUALLY
EXPLICIT OR MAY BE
OFFENSIVE TO YOU. YOU
ACCESS SUCH MATERIALS AT
YOUR RISK. STCS HAS NO
CONTROL OVER AND ACCEPTS
NO RESPONSIBILITY
WHATSOEVER FOR SUCH
MATERIALS.
LIMITATION OF LIABILITY
IN NO
EVENT WILL STCS BE
LIABLE FOR (I) ANY
INCIDENTAL,
CONSEQUENTIAL, OR
INDIRECT DAMAGES
(INCLUDING, BUT NOT
LIMITED TO, DAMAGES FOR
LOSS OF PROFITS,
BUSINESS INTERRUPTION,
LOSS OF PROGRAMS OR
INFORMATION, AND THE
LIKE) ARISING OUT OF THE
USE OF OR INABILITY TO
USE THE SITE, ANY
MERCHANDISE,
INFORMATION, SERVICE, OR
TRANSACTIONS PROVIDED ON
THE SITE, OR DOWNLOADED
FROM THE SITE, OR ANY
DELAY OF SUCH
INFORMATION OR SERVICE.
EVEN IF STCS OR ITS
AUTHORIZED
REPRESENTATIVES HAVE
BEEN ADVISED OF THE
POSSIBILITY OF SUCH
DAMAGES, OR (II) ANY
CLAIM ATTRIBUTABLE TO
ERRORS, OMISSIONS, OR
OTHER INACCURACIES IN
THE SITE, ANY
MERCHANDISE,
INFORMATION, SERVICE,
TRANSACTION AND/OR
MATERIALS PROVIDED OR
DOWNLOADED THROUGH THE
SITE. BECAUSE SOME
STATES DO NOT ALLOW THE
EXCLUSION OR LIMITATION
OF LIABILITY FOR
CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE
ABOVE LIMITATION MAY NOT
APPLY TO YOU. IN SUCH
STATES, STCS'S LIABILITY
IS LIMITED TO THE
GREATEST EXTENT
PERMITTED BY LAW. The
aggregate liability for
the Company to you for
all claims arising from
your use of the Site is
limited to $100.
4.
Equipment.
You shall
be responsible for
obtaining and
maintaining all
telephone, computer
hardware and other
equipment needed for
access to and use of the
Site and all charges
related thereto.
5.
Indemnification and
Reservation of Rights.
You agree
to indemnify, defend and
hold harmless STCS, its
officers, directors,
employees, agents,
licensors, suppliers and
any third party
information providers to
the Site from and
against all losses,
expenses, damages and
costs, including
attorneys' fees,
resulting from any
violation of this
Agreement (including
negligent or wrongful
conduct) by you or your
use and access of the
Site.
STCS
reserves the right to
release current or past
member or Web site user
information if STCS
believes that a member's
account is being used to
commit unlawful acts, if
the information is
subpoenaed and/or if
STCS deems it necessary
and/or appropriate.
6. Third
Party Rights.
The
provisions of paragraphs
3 (Use of the Site), and
5 (Indemnification) are
for the benefit of STCS
and its officers,
directors, employees,
agents, licensors,
suppliers, and any third
party information
providers to the Site.
Each of these
individuals or entities
shall have the right to
assert and enforce those
provisions directly
against you on its own
behalf.
7.Term;
Termination.
Either
party without notice may
terminate this Agreement
at any time for any
reason. The provisions
of paragraphs 1
(Copyright, Licenses and
Idea Submissions), 3
(Use of the Site), 5
(Indemnification), 6
(Third Party Rights) and
11 (Miscellaneous) shall
survive any termination
of this Agreement. STCS
reserves the right to
terminate this Agreement
without notice if, in
STCSÕs sole discretion,
you fail to comply with
any of the terms of this
Agreement. Upon
termination, you must
destroy all materials
obtained from the Site,
copies, and related
documentation.
8.
Special Terms for
International Use.
Recognizing the global
nature of the Internet,
you agree to comply with
all local rules
including, without
limitation, rules about
the Internet, data,
e-mail, or privacy.
Specifically, you agree
to comply with all
applicable laws
regarding the
transmission of
technical data exported
from the United States
or the country in which
you reside. Software or
other goods from the
Site is subject to
United States export
controls. No software or
other goods from the
Site may be downloaded
or otherwise exported or
re-exported (i) into (or
to a national or
resident of) Cuba, Iraq,
Libya, North Korea,
Iran, Syria, or any
other country to which
the U.S. has embargoed
goods; or (ii) to anyone
on the U.S. Treasury
Department's list of
Specially Designated
Nationals or the U.S.
Commerce Department's
Table of Deny Orders. By
downloading or using any
software or other goods
from the Site, you
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.
9.
Dealings with Third
Parties.
Your
participation,
correspondence or
business dealings with
any third party found on
or through the Site,
regarding the payment
and delivery of related
goods or services, and
any other terms,
conditions, warranties
or representations
associated with such
dealings, are solely
between you and such
third party. You agree
that STCS shall not be
responsible or liable
for any loss, damage or
other matters of any
sort incurred as the
result of any such
dealings.
10.
Links.
The Site
may provide, or third
parties may provide,
links to non-STCS
Internet Web sites or
resources as a
convenience to you
(ÒThird-Party SitesÓ).
Because STCS has no
control over such sites
and resources, you
acknowledge and agree
that STCS is not
responsible for the
availability of such
Third-Party 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.
Links to Third-Party
Sites are not
endorsements by STCS of
such Third-Party Sites.
You further acknowledge
and agree that STCS
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
Third Party Site or
resource.
11. Web
Site Security Rules.
You are
prohibited from
violating or attempting
to violate the security
of the Site, including,
without limitation, (a)
accessing data not
intended for you or
logging into a server or
account which you are
not authorized to
access, (b) attempting
to probe, scan or test
the vulnerability of a
system or network or to
breach security or
authentication measures
without proper
authorization, (c)
attempting to interfere
with service to any
user, host or network,
including, without
limitation, via means of
submitting a virus to
the Web Site,
overloading, "flooding",
"mailbombing" or
"crashing", or (d)
sending unsolicited
e-mail, including
promotions and/or
advertising of products
or services, or (e)
forging any TCP/IP
packet header or any
part of the header
information in any
e-mail, forum, or
newsgroup posting.
Violations of system or
network security may
result in civil or
criminal liability. STCS
will investigate
occurrences which may
involve such violations
and may involve, and
cooperate with, law
enforcement authorities
in prosecuting those who
are involved in such
violations.
12.
Miscellaneous.
This
Agreement shall all be
governed and construed
in accordance with the
laws of the State of
Connecticut, United
States applicable to
agreements made and to
be performed in the
State of Connecticut,
United States. You agree
that any legal action or
proceeding between STCS
and you for any purpose
concerning this
Agreement or the
parties' obligations
hereunder shall be
brought exclusively in a
federal or state court
of competent
jurisdiction sitting in
the County of Fairfield,
State of Connecticut,
United States and you
hereby expressly consent
to the exclusive
personal jurisdiction of
these courts. This
Agreement contains the
entire understanding of
the parties hereto
relating to the use of
this Site and supersedes
any prior written or
oral agreement or
understandings between
the parties with respect
to this Site. The
invalidity or
unenforceability of any
provision of this
Agreement will not
affect the validity or
enforceability of any
other provision of this
Agreement.
Any cause
of action or claim you
may have with respect to
the Site must be
commenced within one (1)
year after the claim or
cause of action arises
or such claim or cause
of action is barred.
STCS's failure to insist
upon or enforce strict
performance of any
provision of this
Agreement shall not be
construed as a waiver of
any provision or right.
Neither the course of
conduct between the
parties nor trade
practice shall act to
modify any provision of
this Agreement. STCS may
assign its rights and
duties under this
Agreement to any party
at any time without
notice to you.
Any
rights not expressly
granted herein are
reserved.
Some of
the information on this
Web site may contain
projections or other
forward-looking
statements regarding
future events or the
future financial
performance of STCS. We
wish to caution you that
these statements are
only predictions and
that the actual events
or results may differ
materially. STCS files
documents from time to
time with the Securities
and Exchange Commission,
specifically, our most
recent prospectus. These
documents contain and
identify important
factors that could cause
the actual results to
differ materially from
those contained in our
projections or
forward-looking
statements. They
include, among others,
potential fluctuations
in quarterly results,
retention and dependence
on personnel; dependence
on Internet advertising
and a limited number of
advertisers, rapid
technological and market
change, competition,
risks associated with
Internet infrastructure,
volatility of stock
price, limited
protection of
intellectual property,
and future growth
subject to risks.
Linux is
a registered trademark
of Linus Torvalds. Jini
and Java are trademarks
of Sun Microsystems,
Inc. 802 and 802.11 are
trademarks of the
Institute of Electrical
and Electronic
Engineers, Inc. (IEEE).
Wi-Fi is a registered
trademark of the Wi-Fi
Alliance. Microsoft,
Windows, and the Windows
logo are registered
trademarks of the
Microsoft Corporation.
Macintosh, Apple, and
the Macintosh logo are
registered trademarks of
Apple, Inc.
(Revised
June 24, 2007)
