Legal
AGREEMENT BETWEEN USER AND CentraComm
Communications, Ltd.
The CentraComm Communications, Ltd. Web Site is comprised of
various Web pages operated by CentraComm Communications,
Ltd..
The CentraComm Communications, Ltd. Web Site is offered to you
conditioned on your acceptance without modification of the terms,
conditions, and notices contained herein. Your use of the
CentraComm Communications, Ltd. Web Site constitutes your agreement
to all such terms, conditions, and notices.
MODIFICATION OF THESE TERMS OF
USE
CentraComm Communications, Ltd. reserves the right to change the
terms, conditions, and notices under which the CentraComm
Communications, Ltd. Web Site is offered, including but not limited
to the charges associated with the use of the CentraComm
Communications, Ltd. Web Site.
LINKS TO THIRD PARTY SITES
The CentraComm Communications, Ltd. Web Site may contain links to
other Web Sites ("Linked Sites"). The Linked Sites are not under
the control of CentraComm Communications, Ltd. and CentraComm
Communications, Ltd. is not responsible for the contents of any
Linked Site, including without limitation any link contained in a
Linked Site, or any changes or updates to a Linked Site. CentraComm
Communications, Ltd. is not responsible for webcasting or any other
form of transmission received from any Linked Site. CentraComm
Communications, Ltd. is providing these links to you only as a
convenience, and the inclusion of any link does not imply
endorsement by CentraComm Communications, Ltd. of the site or any
association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the CentraComm Communications, Ltd.
Web Site, you warrant to CentraComm Communications, Ltd. that you
will not use the CentraComm Communications, Ltd. Web Site for any
purpose that is unlawful or prohibited by these terms, conditions,
and notices. You may not use the CentraComm Communications, Ltd.
Web Site in any manner which could damage, disable, overburden, or
impair the CentraComm Communications, Ltd. Web Site or interfere
with any other party's use and enjoyment of the CentraComm
Communications, Ltd. Web Site. You may not obtain or attempt to
obtain any materials or information through any means not
intentionally made available or provided for through the CentraComm
Communications, Ltd. Web Sites.
USE OF COMMUNICATION SERVICES
The CentraComm Communications, Ltd. Web Site may contain bulletin
board services, chat areas, news groups, forums, communities,
personal web pages, calendars, and/or other message or
communication facilities designed to enable you to communicate with
the public at large or with a group (collectively, "Communication
Services"), you agree to use the Communication Services only to
post, send and receive messages and material that are proper and
related to the particular Communication Service. By way of example,
and not as a limitation, you agree that when using a Communication
Service, you will not:
- 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, infringing, obscene, indecent
or unlawful topic, name, material or information.
- Upload files that contain software or other material protected
by intellectual property laws (or by rights of privacy of
publicity) unless you own or control the rights thereto or have
received all necessary consents.
- Upload files that contain viruses, corrupted files, or any
other similar software or programs that may damage the operation of
another's computer.
- Advertise or offer to sell or buy any goods or services for any
business purpose, unless such Communication Service specifically
allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain
letters.
- Download any file posted by another user of a Communication
Service that you know, or reasonably should know, cannot be legally
distributed in such manner.
- Falsify or delete any 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, without their consent.
- Violate any applicable laws or regulations.
CentraComm Communications, Ltd. has no obligation to monitor the
Communication Services. However, CentraComm Communications, Ltd.
reserves the right to review materials posted to a Communication
Service and to remove any materials in its sole discretion.
CentraComm Communications, Ltd. reserves the right to terminate
your access to any or all of the Communication Services at any time
without notice for any reason whatsoever.
CentraComm Communications, Ltd. reserves the right at all times to
disclose any information as 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 CentraComm Communications, Ltd.'s sole
discretion.
Always use caution when giving out any personally identifying
information about yourself or your children in any Communication
Service. CentraComm Communications, Ltd. does not control or
endorse the content, messages or information found in any
Communication Service and, therefore, CentraComm Communications,
Ltd. specifically disclaims any liability with regard to the
Communication Services and any actions resulting from your
participation in any Communication Service. Managers and hosts are
not authorized CentraComm Communications, Ltd. spokespersons, and
their views do not necessarily reflect those of CentraComm
Communications, Ltd..
Materials uploaded to a Communication Service 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 CentraComm Communications, Ltd. OR
POSTED AT ANY CentraComm Communications, Ltd. WEB SITE
CentraComm Communications, Ltd. does not claim ownership of the
materials you provide to CentraComm Communications, Ltd. (including
feedback and suggestions) or post, upload, input or submit to any
CentraComm Communications, Ltd. Web Site or its associated services
(collectively "Submissions"). However, by posting, uploading,
inputting, providing or submitting your Submission you are granting
CentraComm Communications, Ltd., its affiliated companies and
necessary sublicensees permission to use your Submission in
connection with the operation of their Internet businesses
including, without limitation, the rights to: copy, distribute,
transmit, publicly display, publicly perform, reproduce, edit,
translate and reformat your Submission; and to publish your name in
connection with your Submission.
No compensation will be paid with respect to the use of your
Submission, as provided herein. CentraComm Communications, Ltd. is
under no obligation to post or use any Submission you may provide
and may remove any Submission at any time in CentraComm
Communications, Ltd.'s sole discretion.
By posting, uploading, inputting, providing or submitting your
Submission you warrant and represent that you own or otherwise
control all of the rights to your Submission as described in this
section including, without limitation, all the rights necessary for
you to provide, post, upload, input or submit the
Submissions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE CentraComm Communications, Ltd. WEB SITE MAY
INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE
PERIODICALLY ADDED TO THE INFORMATION HEREIN. CentraComm
Communications, Ltd. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS
AND/OR CHANGES IN THE CentraComm Communications, Ltd. WEB SITE AT
ANY TIME. ADVICE RECEIVED VIA THE CentraComm Communications, Ltd.
WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR
FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE
PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
CentraComm Communications, Ltd. AND/OR ITS SUPPLIERS MAKE NO
REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY,
TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS CONTAINED ON THE CentraComm
Communications, Ltd. WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS"
WITHOUT WARRANTY OR CONDITION OF ANY KIND. CentraComm
Communications, Ltd. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL
WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL
IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL CentraComm Communications, Ltd. AND/OR ITS SUPPLIERS BE
LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL,
CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT
OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE
CentraComm Communications, Ltd. WEB SITE, WITH THE DELAY OR
INABILITY TO USE THE CentraComm Communications, Ltd. WEB SITE OR
RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES,
OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS OBTAINED THROUGH THE CentraComm Communications, Ltd. WEB
SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE CentraComm
Communications, Ltd. WEB SITE, WHETHER BASED ON CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CentraComm
Communications, Ltd. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF
THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT
APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE
CentraComm Communications, Ltd. WEB SITE, OR WITH ANY OF THESE
TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE
USING THE CentraComm Communications, Ltd. WEB SITE.
SERVICE CONTACT : noc@centracomm.net
TERMINATION/ACCESS RESTRICTION
CentraComm Communications, Ltd. reserves the right, in its sole
discretion, to terminate your access to the CentraComm
Communications, Ltd. Web Site and the related services or any
portion thereof at any time, without notice. GENERAL To the maximum
extent permitted by law, this agreement is governed by the laws of
the State of Washington, U.S.A. and you hereby consent to the
exclusive jurisdiction and venue of courts in King County,
Washington, U.S.A. in all disputes arising out of or relating to
the use of the CentraComm Communications, Ltd. Web Site. Use of the
CentraComm Communications, Ltd. Web Site is unauthorized in any
jurisdiction that does not give effect to all provisions of these
terms and conditions, including without limitation this paragraph.
You agree that no joint venture, partnership, employment, or agency
relationship exists between you and CentraComm Communications, Ltd.
as a result of this agreement or use of the CentraComm
Communications, Ltd. Web Site. CentraComm Communications, Ltd.'s
performance of this agreement is subject to existing laws and legal
process, and nothing contained in this agreement is in derogation
of CentraComm Communications, Ltd.'s right to comply with
governmental, court and law enforcement requests or requirements
relating to your use of the CentraComm Communications, Ltd. Web
Site or information provided to or gathered by CentraComm
Communications, Ltd. with respect to such use. If any part of this
agreement is determined to be invalid or unenforceable pursuant to
applicable law including, but not limited to, the warranty
disclaimers and liability limitations set forth above, then the
invalid or unenforceable provision will be deemed superseded by a
valid, enforceable provision that most closely matches the intent
of the original provision and the remainder of the agreement shall
continue in effect. Unless otherwise specified herein, this
agreement constitutes the entire agreement between the user and
CentraComm Communications, Ltd. with respect to the CentraComm
Communications, Ltd. Web Site and it supersedes all prior or
contemporaneous communications and proposals, whether electronic,
oral or written, between the user and CentraComm Communications,
Ltd. with respect to the CentraComm Communications, Ltd. Web Site.
A printed version of this agreement and of any notice given in
electronic form shall be admissible in judicial or administrative
proceedings based upon or relating to this agreement to the same
extent an d subject to the same conditions as other business
documents and records originally generated and maintained in
printed form. It is the express wish to the parties that this
agreement and all related documents be drawn up in English.
COPYRIGHT AND TRADEMARK
NOTICES:
All contents of the CentraComm Communications, Ltd. Web Site are:
Copyright 2009 CentraComm Communications, Ltd. All rights reserved.
and/or its suppliers. All rights reserved.
TRADEMARKS
The names of actual companies and products mentioned herein may be
the trademarks of their respective owners.
The example companies, organizations, products, people and events
depicted herein are fictitious. No association with any real
company, organization, product, person, or event is intended or
should be inferred.
Any rights not expressly granted herein are reserved.
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 under United States
copyright law should be sent to Service Provider's Designated
Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL
RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of
Copyright Infringement.