Applied Telcomm
Corporation WEB SITE ("Applied Telcomm Website") AGREEMENT
BETWEEN Applied Telcomm ("Applied Telcomm Website") AND USER
Your use of the Applied
Telcomm Website is conditioned on your acceptance without modification of the
terms and conditions contained herein. Your access and use of the Applied
Telcomm Website shall be deemed to indicate your acceptance of all such terms
and conditions. PROPRIETARY RIGHTS NOTICES All contents of the Applied Telcomm
Website are: Copyright © 2005-2006 Applied Telcomm Corporation and/or
Independent Providers of Content ("ICPs"),
CONTENT You acknowledge
that: (i) The Applied Telcomm Website contains information, communications,
software, photos, video, graphics, music, sounds, and other material and
services (collectively "Content"); (ii) Such Content is provided under license
by ICPs, other users, Applied Telcomm and its affiliates; (iii) At minimum,
Applied Telcomm owns a copyright in the selection, coordination, arrangement,
and enhancement of such Content; (iv) Applied Telcomm permits access to Content
that is protected by copyrights, trademarks, and other intellectual and
proprietary rights ("Rights"); (v) These Rights are valid and protected in all
media and technologies existing now or later developed; and (vi) Except as
explicitly provided otherwise, this Agreement, applicable copyright and other
laws govern your use of Content.
Each user must evaluate,
and bear the risk associated with any reliance on the accuracy, completeness or
usefulness of any Content. Applied Telcomm does not pre-screen Content as a
matter of policy: however Applied Telcomm, its affiliates, and ICPs shall have
the right, but not the responsibility, to remove Content that they deem
harmful, offensive or otherwise in violation of this Agreement. Accordingly,
you acknowledge that neither Applied Telcomm, its affiliates, nor any ICP shall
assume or have any liability for any action or inaction by Applied Telcomm or
its affiliates, or any ICP, with respect to Content on, or Content changes
within, Applied Telcomm Website. You also agree and accept that as new products
become available on or through Applied Telcomm Website, your use of these
products is subject to this Agreement.
USE OF INFORMATION You
agree to use the Applied Telcomm Website only for personal, industry oriented,
lawful purposes. Accordingly, you may not: (1) post, transmit, or promote any
unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar,
obscene, hateful, racially, ethnically or otherwise objectionable Content; (2)
harass, threaten, embarrass, or cause distress, unwanted attention or
discomfort upon another user of the Applied Telcomm Website or other person or
entity; (3) post, transmit, promote, link, or facilitate the distribution of
sexually explicit or other Content which is deemed by Applied Telcomm to be
offensive; (4) Upload files that contain software or other material protected
by Intellectual Property laws or other applicable laws unless the user owns or
controls the rights thereto or has received all necessary consents; (5) Upload
files that contain corrupted files, viruses or any other similar software files
the intent of which is to damage the operation of another's computer; (6) post
or transmit, or cause to be posted or transmitted, chain letters or pyramid
schemes; (7) post or transmit, or cause to be posted or transmitted, any
unsolicited advertising, promotional materials, or other forms of solicitation
to other users, individuals or entities, except in those areas that are
expressly designated for such a purpose (e.g., the classified areas), or
collect or harvest screen names of other users, without permission; (8) Falsify
the origin or source of software or other material contained in a file that is
uploaded; (9) violate any operating rule, policy or guideline of any other
interactive service, including, but not limited to, the operating policies of
the International Areas; (10) intentionally or unintentionally violate any
applicable local, state, national, international or foreign law, including, but
not limited to, any rules or regulations having the force of law; or (11)
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 Applied Telcomm Website.
WARRANTY YOU EXPRESSLY
AGREE THAT YOUR USE OF THE Applied Telcomm WEBSITE IS AT YOUR SOLE RISK. THE
Applied Telcomm WEBSITE AND CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR
YOUR PERSONAL USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PUPOSE, TITLE AND NON-INFRINGEMENT, UNLESS SUCH WARRANTIES ARE
LEGALLY INCAPABLE OF EXCLUSION. IN NO EVENT SHALL Applied Telcomm AND/OR ITS
ICPS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTIAL, SPECIAL OR
CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF
THE Applied Telcomm WEBSITE OR WITH THE DELAY OR INABILITY TO USE THE Applied
Telcomm WEBSITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, IN SUCH STATES OR JURISDICTIONS, Applied Telcomm'S LIABILITY SHALL BE
LIMITED TO THE EXTENT PERMITTED BY LAW. Applied Telcomm DOES NOT ENDORSE,
WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED THROUGH THE Applied Telcomm
WEBSITE, EXCEPT AS EXPRESSLY PROVIDED ELSEWHERE, AND WILL NOT BE A PARTY TO OR
IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF
PRODUCTS OR SERVICES.
INDEMNIFICATION User
agrees to defend, indemnify and hold harmless Applied Telcomm, its affiliated
companies, its employees, contractors, officers, directors and ICPs from all
liabilities, claims and expenses, including attorneys fees, that arise from
your use of the Applied Telcomm Website. Applied Telcomm reserves the right, at
its own expense, to assume the exclusive defense and control of any matter
otherwise subject to indemnification by you hereunder. In such event, you shall
have no further obligation to provide indemnification for such matter.
INFRINGEMENT NOTICE
Applied Telcomm respects the intellectual property of others, and we ask our
members to do the same. Applied Telcomm 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 and is accessible on the Applied Telcomm service in a way
that constitutes copyright infringement, you may notify Applied Telcomm by
providing Applied Telcomm's copyright agent the following information:
1. an electronic or
physical signature of the person authorized to act on behalf of the owner of
the copyright interest;
2. a description of the
copyrighted work that you claim has been infringed, including the URL (i.e.,
web page address) of the location where the copyrighted work exists or a copy
of the copyrighted work;
3. identification of the
URL or other specific location on the Applied Telcomm site where the material
that you claim is infringing is located;
4. your address, telephone
number, and email address;
5. 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;
6. 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.
Applied Telcomm's agent
for notice of claims of copyright infringement on this Web site can be reached
as follows:
If you believe that your
work has been copied and is accessible on this service in a way that
constitutes copyright infringement, you may notify us by providing the
following information:
Your Name: Your E-mail
Address: Your Mailing Address: Your Phone Number: Identify the URL, Path or
other specific location on the service where the allegedly infringing material
is located: Describe the allegedly infringed work, including (if available) the
URL, Path or other specific location where the copyrighted work may be found
for comparison: Your relationship to the owner of the allegedly infringed work
(e.g., owner, authorized representative):
By submitting a complaint,
you represent, under penalty of perjury, that the above information is
accurate, that you are the copyright owner or are authorized to act on such
person's behalf, and that you have a good faith belief that the disputed use is
not authorized by the copyright owner, its agent, or the law.
By mail:
Jason R. Bush
CEO
Applied Telcomm Corporation
4253 Transport Street
Ventura, CA 93003
Phone:
805-654-0004
