YOUR USER AGREEMENT WITH ICS-NETWORK.NET CORPORATION
This is the agreement ("User Agreement" or "Agreement") which states the Terms of
Service ("TOS") for Services provided through or in connection with ICS-Network.Net.
Before you may use the Services of ICS-Network.Net you must read, agree with, and
accept all of the terms and conditions of this agreement, of the ICS-Network.Net
Privacy Policy, and of information which is incorporated in this Agreement by reference.
Material contained on other pages and websites is expressly referred to and is expressly
incorporated by reference into this Agreement. If you do not agree to be bound by
all of these terms and conditions, including those expressly incorporated by reference,
then do not use ICS-Network.Net or the Services of ICS-Network.Net.
1. Parties to This Contract.
ICS-Network.Net Corporation is the party with whom you are contracting. ICS-Network.Net
Corporation is referred to as "we" or "us" or "our" in this Agreement, except as
is otherwise expressly stated in particular sections. "You" means any person who
uses the ICS-Network.Net web site or any of the Services of ICS-Network.Net, including
without limitation a "User" or a "Member" or a "participant" (in a Hosted Session)
or a "visitor" (to a web site or page). You agree that this is an agreement between
independent contractors, and it is not a joint venture, partnership, employer-employee,
agent-principal, or franchisor-franchisee relationship. Neither you nor ICS-Network.Net
is authorized to bind the other to any contract.
2. Pricing and Payment
for Services.
Pricing and payment terms and conditions for use of ICS-Network.Net and the Services
are posted, and may be amended from time to time, at the link http://www.ics-network.net/termsandconditions
which is incorporated herein by this reference.
3. Services of ICS-Network.Net.
This Agreement states the terms and conditions upon which services are offered to
you at the internet domain ICS-Network.Net, and its sub-domains (collectively the
"Services"). These services include but are not limited to: the web site, chat rooms,
use of ICS-Network.Net ‘Public', ‘Personal', 'Professional', ‘ScreenShare' 'Presenter',
or other product or service. Services are governed by this Agreement whether the
particular service or use is free or paid. ICS-Network.Net may be linked to other
websites owned and controlled by ICS-Network.Net Corporation You agree that your
use of those other linked websites owned and controlled by ICS-Network.Net Corporation
will be bound by the terms and conditions of use and the privacy policy posted on
such other websites, if different from these Terms of Service.
4. Registration and User
ID.
You must register and obtain a ICS-Network.Net User Identification ("User ID") and
select a password to use the Services of ICS-Network.Net. When registering you must
provide us with a valid user identity and a valid, functional email address for
providing notices and communications to you concerning this Agreement and transactions
with ICS-Network.Net and the Services. You are responsible for the accuracy and
completeness of the information which you provide to ICS-Network.Net in your registration
and your use of ICS-Network.Net and the Services. You agree that you shall provide
a valid, lawful identity in your registration and that you shall not impersonate
any other person. You agree that you will promptly correct any errors in your registration
information and will promptly update your registration information when it changes.
If you do not have authority to supply information which is required either for
registration or for a particular use of ICS-Network.Net or the Services, then do
not register or do not engage in the particular use of ICS-Network.Net or the Services
for which you lack such authority.
5. Membership Account;
Security; Password.
It is your responsibility to preserve and protect the confidentiality of your User
ID, your password, and your membership account designation. You are entirely responsible
for activities conducted under your membership account. You agree that you shall
(a) make certain that you fully exit from your account at the end of each of your
sessions, and (b) immediately notify ICS-Network.Net in writing (which may be by
email to admin@ics-network.net ) if there is any unauthorized use of your
account or password or other security breach. ICS-Network.Net Corporation shall
not be liable for any cost, loss, damage or liability which arises or is alleged
to arise from your failure to comply with this section.
6. Links to Websites of
Other Persons.
ICS-Network.Net may provide links to websites of persons other than ICS-Network.Net
and ICS-Network.Net Corporation. Those links to other persons are provided solely
as a courtesy without any representation or warranty as to their content, use, or
terms. Your use of such other websites is subject to the terms and conditions and
privacy policies, if any, of the persons who control such other websites and you
use them at your own risk. ICS-Network.Net cannot control such websites of other
persons.
7. Eligibility.
ICS-Network.Net Services are available only to persons who are capable under the
applicable law of forming valid contracts. If you are a natural person using ICS-Network.Net
on behalf of an entity, then by registering in the name of the entity and using
the Services you represent and warrant that the entity may lawfully enter into this
agreement and that you have lawful authority to bind that entity to the terms and
conditions of this User Agreement. If you are a child (under the age of 18 years),
or lack legal competency, then the Services of ICS-Network.Net Services are not
available to you; do not use the Services. If you are under the age of 18, or are
subject to a legal guardianship, then you can use ICS-Network.Net and the Services
only if your legal guardian or representative first agrees with us that you may
use ICS-Network.Net and the Services and then supervises your use of ICS-Network.Net
and the Services.
PERSONS UNDER THE AGE OF FOURTEEN (14) YEARS ARE NOT ELIGIBLE TO USE THE ICS-Network.Net
WEB SITE OR THE ICS-Network.Net SERVICES, EVEN WITH THE APPROVAL AND UNDER THE SUPERVISION
OF A PARENT OR GUARDIAN. IF YOU ARE UNDER THE AGE OF FOURTEEN YEARS THEN IMMEDIATELY
LEAVE THIS WEB SITE. DO NOT ATTEMPT TO REGISTER AS A MEMBER AND DO NOT PROVIDE US
WITH ANY OF YOUR PERSONAL INFORMATION.
8. Interstate and International
Use.
You recognize that the Internet is global in nature. The ICS-Network.Net Website
and the Services of ICS-Network.Net are intended to be offered only in jurisdictions
where the Website and Services and the manner in which they are offered are lawful.
If the Website or Services of ICS-Network.Net are not lawful in the nation, state,
or other jurisdiction where you are located, then do not use or attempt to use ICS-Network.Net
or the Services in that place. If you are accessing or using ICS-Network.Net or
the Services in any nation, state or other jurisdiction which restricts such access
or usage, then you shall abide by the laws of that place and refrain from any access
or use as required by the laws of the applicable jurisdiction. You also agree that
you shall comply with all applicable laws concerning transmission of technical data,
including without limitation, the export of technical data from the United States
or from the jurisdiction in which you reside or are accessing ICS-Network.Net.
9. Effective Date.
This Agreement takes effect immediately upon completion of registration by a new
user. This Agreement applies to all others who use, or continue use, ICS-Network.Net
or the Services of ICS-Network.Net.
10. Amended Terms and
Conditions.
We reserve the right to change the terms and conditions of this Agreement and the
Privacy Policy from time to time by posting the changes on the ICS-Network.Net website,
or by notice to the most-recent email address specified in your registration as
a Member, or such other method as we deem reasonable and practicable under the circumstances.
You agree that your subsequent use or continued use of ICS-Network.Net or the Services
on or after the date posted changes take effect constitutes your consent to the
amended terms and conditions. Except for such changes posted by us, this Agreement
may only be amended in writing signed by an authorized officer of ICS-Network.Net.
In non-urgent situations we will post the changes on ICS-Network.Net for a period
of thirty days before those changes take effect, after which those changes automatically
shall take effect for uses, transactions and communications on and after the effective
date. When we in our sole discretion deem a situation to be urgent or to constitute
an emergency then we may implement immediate changes of terms and conditions for
immediate application in then-current and future uses by such posting on the ICS-Network.Net
website, or such other method of notice, as we deem to be reasonable and practical
in such urgent or emergency circumstances, and we will state the date such changes
will take effect. In particular, we reserve the right to halt, interrupt, or prevent
your use of ICS-Network.Net without prior notice.
11. Termination of This
Agreement.
This is an agreement at will, which either you or we may terminate, with or without
cause. You may terminate this Agreement only by giving written notice of termination
to ICS-Network.Net and ceasing all further use of ICS-Network.Net and the Services.
If you are a Member you may log on to ICS-Network.Net then click on the link YourAccount,ICS-Network.Net
to edit your account information, which includes an option to terminate your Membership
account. If you decide after you have entered into this Agreement that you no longer
wish to agree with any term or condition of this Agreement, as it may be amended
from time to time, then your only remedy is to terminate this Agreement by written
notice, to cease use, and to refrain from further use ICS-Network.Net and its Services.
If you terminate this Agreement then you must cease all use of, and remove from
your computer(s), any software associated with ICS-Network.Net and the Services;
and you must destroy any copies of such software, except only that you shall not
destroy matter which is reasonably likely to be or to become material evidence in
judicial or arbitration proceedings.
If you violate any terms or conditions of this Agreement then we may terminate this
Agreement without notice to you.
Following termination of this Agreement this Agreement will survive for the limited
purpose of governing rights, obligations and responsibilities which arise from events
and transactions that occurred prior to such termination; but no right will survive
for continued or future use of ICS-Network.Net or the Services. For example, if
you incur charges, liabilities, or obligations to ICS-Network.Net which have not
yet been paid or discharged at the time you terminate then you remain obligated
to pay such charges and to discharge such liabilities and obligations after you
terminate. As a further example, your obligations to respect our copyrights, trademarks,
and other intellectual property continue after termination.
If you give written notice of termination, but continue or resume use of ICS-Network.Net
or the Services then ICS-Network.Net may elect in its sole discretion to deem your
termination to be ineffective, but retains its rights to immediately terminate,
block or restrict your use without notice.
12. Your User's Information;
Your Information.
As a user you and your computer necessarily must supply information to access, register
and use ICS-Network.Net and the Services. You may choose, or your computer may automatically
function, to send information to us, or exchange it with us and others during the
course of your use of ICS-Network.Net and the Services. Your User's Information
(also called "Your Information") is defined for the purposes of this Agreement to
mean the content and the form of any and all information which you or your computer
provide to us, or cause or permit other persons to transmit to us, in connection
with:
(i) your accessing of the ICS-Network.Net domain, or any subdomains or linked domains
of ICS-Network.Net Corporation, or the ICS-Network.Net website or pages;
(ii) your logging on to ICS-Network.Net;
(ii) your registration to become a Member of ICS-Network.Net;
(iii) any email or other communications you have with ICS-Network.Net or ICS-Network.Net
Corporation or its employees or agents; and
(iv) your financial and other transactions with ICS-Network.Net or ICS-Network.Net
Corporation.
"Your User's Information" is distinguished from, and does not include, communications
between you and third parties by use of ICS-Network.Net and the Services, which
are defined under the topics "Your Communications Content" and "Your Correspondents'
Communications Content."
13. Your Communications
Content.
"Your Communications Content" is the content and form of any information that you
post, communicate, transmit, or direct to any third party in any manner through
the use of ICS-Network.Net, or the Services, or the ICS-Network.Net internet domain,
or any subdomain, or any linked domain that is owned, controlled or operated by
ICS-Network.Net Corporation You are solely responsible for the accuracy, lawfulness,
risks and use of the content of Your Communications Content. ICS-Network.Net does
not select, monitor or modify Your Communications Content. "Third party" means any
person not affiliated with ICS-Network.Net Corporation.
14. Your Correspondents'
Communications Content
"Your Correspondents' Communications Content" means the content and form of any
information that you receive, access, take or otherwise obtain that originated from,
was sent from, or was posted by any third party in any manner through ICS-Network.Net
the ICS-Network.Net Services, or the ICS-Network.Net internet domain, or any subdomain,
or any linked domain that is owned, controlled or operated by ICS-Network.Net Corporation
You and your correspondents are solely responsible for the accuracy, lawfulness,
risks and use of the content of Your Correspondents' Communications Content. ICS-Network.Net
does not monitor, select or modify Your Correspondents' Communications Content.
"Third party" means any person not affiliated with ICS-Network.Net Corporation.
15. Information We Receive,
Switch and Transmit Without Recording.
ICS-Network.Net provides systems for the receipt, switching and transmission
of Your Communications Content and Your Correspondents' Communications Content during
your sessions using the Services. This is similar in some respects to the switching
of telephone calls.
15.1 Limited Participation Sessions and Host-approved Participants.
15.1.1 Registered Members Act as Hosts of Limited Participation Sessions. During
a session using ICS-Network.Net, ICS-Network.Net receives and transfers communications
only among the Host and other participants who have been approved by the Host Member
to participate in that particular private session or conference ("Limited Participation"
session). ICS-Network.Net records both the registration information of the Host
Member and that Host Member's User ID and email address because only registered
Members of ICS-Network.Net can act as Host of a Limited Participation session. As
a necessary condition of participation in a Limited Participation session, ICS-Network.Net
requires that each other participant supply ICS-Network.Net with a user name and
a valid, functional email address with reference to which communications will be
switched during that particular session.
15.1.2. Non-Host Participants in Limited Participation Sessions. To participate
in a Limited Participation session a prospective participant must first log onto
the ICS-Network.Net system by providing ICS-Network.Net with the prospective participant's
user name and a valid, functional email address. ICS-Network.Net records the user
name and email address supplied during log-on by each prospective participant in
a Limited Participation session. ICS-Network.Net does not require that any participant
in a Limited Participation session, other than the Host Member, be a registered
member. ICS-Network.Net does not undertake to verify the validity or functionality
of the email address provided by a prospective participant. However, all Members
and participants are required to provide valid, functional email addresses, the
products and services may not function correctly without them, and it is a violation
of this Agreement for a Member or participant to supply a non-functional, fake,
or impersonated email address and user name. Each prospective participant's log-on
information will be recorded by ICS-Network.Net. Prospective non-Host participants
either (1) can be invited to participate in a particular Limited Participation session
through an email initiated by the Host through ICS-Network.Net's system, or (2)
can be informed of the Host's email and scheduled session by means independent of
ICS-Network.Net's system. The prospective participant then must log onto ICS-Network.Net's
system and query the ICS-Network.Net system by manually keying in the registered
email address of the Host Member to determine whether that Member is the Host of
a currently pending or scheduled session, and then can request participation in
that Host's current or scheduled session. ICS-Network.Net forwards to the Host of
a particular session the logged-on user name and email address of each prospective
participant who has requested participation with reference to that Host's registered
email address. The Host of that particular Limited Participation session then must
affirmatively select which of the logged-on user names and email addresses are approved
for participation in that Host's particular Limited Participation session and must
transmit back to ICS-Network.Net the Host's affirmative approval of the selected
user names and email addresses. Thus ICS-Network.Net will have identifiable Membership
registration information for the logged-on user name and email address of a non-Host
participant only if, coincidentally, a non-Host participant also happens to be a
registered Member and has used that identical user name and email address to register
as a Member.
16. IP Addresses Received
and Recorded.
Every user's browser as part of the automatic network protocol reports its IP (Internet
Port) address to the ICS-Network.Net website each time a web page is viewed and
we may record and store some or all of these IP addresses as well as a listing of
the web pages requested using a particular IP address . Your IP address may be stored
in our data base when you register for Membership.
17. ICS-Network.Net Not Obliged to Verify User Names, Email Addresses or Identities.
Because a user name and email address are used to route communications among computers,
and because computers communicate with each other by coded network addresses, the
combination of a user name and email address might, but does not necessarily, identify
a particular person. ICS-Network.Net ordinarily does not and usually cannot verify
or authenticate email addresses and does not undertake any obligation to you to
do so. ICS-Network.Net does not and usually cannot verify or control the identity
of the natural persons who have access to or control the particular computers that
are identified by an IP address or email address supplied to ICS-Network.Net for
computer-routing purposes and we do not undertake any obligation to you to do so.
It is the responsibility and risk of the Host Member to use whatever identification
measures the Host thinks appropriate and prudent when the Host supplies its registered
address for delivery to prospective participants and when the Host approves a particular
user name and email address for participation in a Host's particular Limited Participation
session. Similarly, it is the responsibility and risk of a prospective participant
when using a Host's email address, and when supplying ICS-Network.Net with the prospective
participant's email address and password for delivery to a Host, to use such measures
as the prospective participant thinks appropriate and prudent to identify and verify
whom it will be dealing with in a session, including without limitation the Host
and other participants in the session.
We reserve the right, for protection of ourselves and our systems, to use whatever
lawful means may be at our disposal to attempt to verify any IP (Internet Port)
address, email address, or other identification information of any Member, participant,
user or visitor.
18. Contents Of Host and Participant Communications Are Transitory in Limited
Participation Sessions; No Archival Storage.
During Limited Participation sessions, communications among the Host and other participants
are transitorily resident within the automatic switching systems, computer memory,
and any temporary on-line parallel or concurrent backup systems of ICS-Network.Net
and our Internet Service Providers ("ISPs"). Each Limited Participation session
is generally limited not to exceed ten consecutive days, and most will have much
shorter duration.
Within Limited Participation sessions all transmission of communications is initiated
or directed by the Host and other participants, not by ICS-Network.Net Communication
content is transmitted among the Host and other participants automatically based
upon the Host's selection of participants. The transmission, routing, provision
of connections, and any storage of content is done at the direction of the Host
and other participants, and material is transmitted by automatic technical processes
without selection or modification of the content by ICS-Network.Net.
ICS-Network.Net does not otherwise record, backup, or archive the contents of Host
and participant communications during a Limited Participation session, except as
is technically necessary for that particular Limited Participation session, and
those contents then are dissipated from ICS-Network.Net's systems either during
or upon termination of a particular Limited Participation session. No copy of Your
Communications Content or Your Correspondents' Communication Content during Limited
Participation sessions is maintained or stored on the ICS-Network.Net system or
network in a manner that ordinarily would be accessible to anyone other that the
Host and participants selected by the Host for a particular Limited Participation
session.
After termination of a particular session no copy that has been maintained by ICS-Network.Net
during a particular Limited Participation session remains ordinarily accessible
to the Host or other participants for a longer period than is reasonably necessary
for that Limited Participation session.
The Host and other participants are entirely responsible for any recordation, archiving,
or other backup of their own content, and may do so only as permitted by applicable
law. ICS-Network.Net explicitly disclaims any such recordation, archiving and backup
except as is reasonably necessary to functionally maintain a Limited Participation
session then in progress.
After completion of a particular Limited Participation session the only information
that is retained by design at ICS-Network.Net with reference to that Limited Participation
session is a record that the Host's session took place, which may include the time,
and the user names, email addresses and IP addresses supplied by the Host, participants
and prospective participants for that session.
ICS-Network.Net does not monitor the content of Host and participant communications
during Limited Participation sessions. The Host and participants bear sole responsibility,
risk and liability for the content of their communications and for the identification
and selection of recipients of their communications.
19. ICS-Network.Net
Public Rooms; Public Video, Text Chat Rooms and Billboards.
ICS-Network.Net may provide public video, text chat rooms, billboards, special interest
rooms, and other publicly available contents at its website ("ICS-Network.Net Public
Rooms"), the content of which may be accessible by any member of the general public
visiting the ICS-Network.Net website with minimal or no registration. ICS-Network.Net's
Public Rooms enable visitors and prospective Members to engage in limited trials
of ICS-Network.Net's systems. Visitors to the ICS-Network.Net website may be enabled
to post information to some ICS-Network.Net Public Rooms. The content posted by
visitors to the ICS-Network.Net Public Rooms will be transitorily resident within the automatic
switching systems, computer memory and caches, and any temporary on-line parallel
or concurrent backup systems, of ICS-Network.Net and its internet service providers.
Both the posting and accessing of content in ICS-Network.Net Public Rooms is done
automatically at the direction of visitors and prospective Members and ICS-Network.Net
does not undertake to select or modify such content, other than by deleting it from
time to time. ICS-Network.Net does not archive or preserve content which is posted
in ICS-Network.Net Public Rooms. Our policy is to take down material from ICS-Network.Net
Public Rooms after display for not more than ten consecutive days, and often more
frequently, after which such content dissipates from its systems. ICS-Network.Net
reserves the right, at any time and for any reason whatsoever or for no reason:
(i) to take down, restrict, or refuse to post any information in the ICS-Network.Net
Public Rooms, or (ii) to make such Public Rooms available or unavailable.
20. License Granted
By You To Us for Content Transmitted by You to Public Areas.
When you communicate content to or within any ICS-Network.Net Public Room or any
other area of ICS-Network.Net which is intended to be accessible by the general
public, then you shall be deemed to have granted to us (ICS-Network.Net Corporation
an irrevocable, world-wide, no-royalty, no-fee license to publish, distribute, use,
reproduce, modify, adapt, translate, publicly perform and publicly display (in whole
or in part) in any manner, place, or medium whatsoever such content transmitted
or posted to ICS-Network.Net Public Rooms. This license from you to us is fully
sublicensable by us.
ICS-Network.Net does not pre-screen the content of transmissions and postings originated
or transmitted by you or by any other user or visitor in ICS-Network.Net Public
Rooms. We have no obligation to post, display, transmit, or retain any material
whatsoever in any ICS-Network.Net Public Room or other publicly accessible area.
We at our sole and unfettered discretion may limit access of anyone, refuse to post,
or may remove or delete any matter, or may block or terminate access by any person,
at any time for any reason or for no reason. We also may make available or unavailable
any Public Room, public page, or other area that may be generally accessible to
the public.
21. License Granted
by Us To You for Use of Our Systems and Software.
ICS-Network.Net grants you a temporary limited license to access and use ICS-Network.Net
Public Rooms which then are being made available by us without registration by you
as a Member; this license is non-transferable and non-sublicensable by you, is terminable
at will by us without notice to you; and is subject to the terms of this Agreement.
Generally your access to a Public Room may be automatically limited not to exceed
ten minutes during any one log on by you. If you register as a Member, and so long
as you comply with the payment terms and other terms of this Agreement, or if you
are granted access by a Host Member to a Limited Participation session, then you
are granted by us a temporary limited license to use those portions of our system
which we provide for that particular Limited Participation session. Your license
as Member is non-sublicensable and non-transferable by you, and is terminable at
will by us at any time for any reason or for no reason.
You do not receive any license authorizing you to, and you shall not, assign, sublicense,
distribute, redistribute, publish, compile, decompile, copy, modify, or reverse
engineer, any content or technical means of the ICS-Network.Net website, the Services,
our systems, or our software; and this restriction applies to both public areas
and limited participation areas.
22. Content May Be Offensive.
You recognize that ICS-Network.Net generally does not, and usually cannot, pre-screen,
monitor, modify or control in real time the content of any communications or posting,
either in Limited Participation areas publicly accessible areas. Therefore, you
acknowledge that when you use any area of ICS-Network.Net there is a risk that you
could be exposed to salacious, obscene, pornographic, hateful, misleading, fraudulent
or other objectionable materials posted or otherwise communicated by other Members,
participants, users, or visitors. You agree to accept this risk. You agree that
ICS-Network.Net and ICS-Network.Net Corporation shall have no responsibility or
liability to you for any such exposure you may experience. ICS-Network.Net does
not intentionally sponsor such offensive matter and you and all other users are
required to agree not to engage in the conduct which is prohibited or restricted
by this Agreement, but we do not, and ordinarily cannot, undertake to police such
conduct by users.
23. Adult or Mature
Content; No Access To Or Targeting of Children.
There may be areas of ICS-Network.Net which are specifically designated for "adult"
or "mature" content. You agree that you shall not transmit, post or otherwise communicate
"adult" or "mature" content outside of such designated areas by use of ICS-Network.Net
or the Services. You further agree that you shall not target children with, and
shall not permit children to have access to, the areas designated as "adult" or
"mature." If you are an adult and you object to such "adult or "mature" content
you agree that you shall refrain from accessing such areas. Nothing in this section
shall be construed as authorizing you to transmit, post, deliberately access, or
otherwise communicate unlawful pornographic matter or hate matter by use of ICS-Network.Net
or the Services, and you shall not do so.
24. You Warrant Your
Authority For Use of Your Information.
You represent and warrant to ICS-Network.Net Corporation that you have full authority
to disclose and use Your Information without violating the rights of any other party.
If you do not have full authority with respect to any information, then do not supply
it and do not use it as part of Your Information. YOU ARE WARNED AND URGED TO USE
PRUDENCE AND CAUTION TO LIMIT ANY INFORMATION YOU PERMIT TO BE TRANSMITTED OR RECEIVED
ON THE INTERNET BECAUSE THE INTERNET IS FORMED OF INNUMERABLE COMPUTERS CONTROLLED
BY INNUMERABLE PERSONS OTHER THAN MEGAMEETING.COM, NO PRIVACY OR SECURITY SYSTEMS
OR METHODS ARE FOOLPROOF, AND THUS ANY EXPOSURE OF YOUR INFORMATION TO THE INTERNET
CREATES INHERENT RISKS OF DISCLOSURE TO UNAUTHORIZED PERSONS. ICS-Network.Net and
ICS-Network.Net Corporation will make reasonable efforts to maintain your information
according to the ICS-Network.Net Privacy Policy but it is neither theoretically
possible nor financially feasible to absolutely prevent any loss of privacy or security
concerning Your Information. BY USING ICS-NETWORK.NET AND THE SERVICES YOU ACKNOWLEDGE
AND ACCEPT THESE RISKS.
25. License Of Your
User Information From You to Us.
For the purpose of enabling ICS-Network.Net to use Your User Information without
violating any rights you may have in Your User Information, you hereby grant ICS-Network.Net
and ICS-Network.Net Corporation a license to exercise all rights of copyright, database,
and publicity that you have in Your Information. This license with respect to Your
Information is a non-exclusive, royalty-free, no-fee right which continues perpetually
unless affirmatively terminated by written notice to us by you, and which may be
exercised by ICS-Network.Net Corporation, and its successors and affiliates, world-wide
in any medium now known or which may become known in the future. We at ICS-Network.Net
and ICS-Network.Net Corporation agree to limit our use of Your Information to the
ICS-Network.Net Privacy Policy, as that policy has been amended from time to time
and as that policy exists at the time of use by ICS-Network.Net and ICS-Network.Net
Corporation of Your Information. We will respect any opt-out election which you
have validly exercised and communicated to us in accord with our applicable Privacy
Policy. IF YOU DO NOT WISH TO GRANT THIS LICENSE OF YOUR INFORMATION TO US, THEN
DO NOT USE ICS-NETWORK.NET AND THE SERVICES; ICS-NETWORK.NET AND ICS-NETWORK.NET
CORPORATION CANNOT PROVIDE YOU THE SERVICES WITHOUT THIS LICENSE FROM YOU TO US.
You may click on the link http://www.ics-network.net/privacypolicy
to view our current privacy policy.
26. Your Editing and
Deletion of Your User Information.
ICS-Network.Net provides ways for you to edit Your Information and preferences.
To do so, please log on using your Membership ID and password, then click on this
link: youraccount.ics-network.net. This link enables you to state whether or not
you want ICS-Network.Net to contact you about special offers and new products; it
enables you to specify which categories of information you wish to receive or not
receive, to exercise opt-out elections, or to request termination of your account.
You also may request that your ICS-Network.Net registration and Membership be terminated
and deleted by sending an email to admin@ics-network.net. To aid
fraud prevention, termination and deletion may be deferred for up to 90 days after
you instruct termination. Please see the topic Archival Retention of Your Information
to read about what information may remain in archived records after termination
of your registration and Membership.
27. Archival Retention
of Your Information.
In order to protect its systems against failures and loss of data and to enable
resumption and continuation of the Services with minimal disruption and down time,
ICS-Network.Net likely will maintain parallel, redundant, backup, or other archival
systems ("Archived User Information.") which may vary from time to time depending
up the technology then in use by us. Such systems are designed to archive information
which can be recalled. As a matter of course during operation of our systems Your
Information is likely to be included in Archived User Information. When your registration
and Membership are terminated in our currently active databases, there likely will
remain pre-existing copies of Your Information in Archived User Information that
is being held more or less independently of the currently active databases and from
which Your Information therefore will not have been deleted. Reasonable efforts
will be made to promptly include your termination request in the most current Archived
User Information so that your termination instruction will be honored. However,
it is possible that in the event of loss or damage of the currently active databases,
older Archived User Information which still contains Your Information will be used
to restore service, thereby resulting in restoration of Your Information in what
then becomes the currently active databases. You agree to accept this risk and your
sole remedy in such an event will be to again request termination of your registration
and Membership. Even when you request termination of your account, it will be necessary
for ICS-Network.Net to maintain some limited records of your transactions with ICS-Network.Net.
For example, we may maintain some identifying information concerning you to keep
a record of your request for termination of your account as well as records of our
prior transactions with you for our financial and tax reporting purposes.
28. Prohibited and Restricted
Actions.
28.1. Unlawful Activities. You agree that you shall not do any of the following
in connection with your use of ICS-Network.Net, the Services, or Your Information:
(a) violate any law, statute, regulation, or rule having the force of law; this
includes without limitation, laws concerning anti-terrorism, money laundering, export
control, investment securities, consumer protection, unfair competition, anti-discrimination,
false advertising, gambling, wagering, eavesdropping, communication interception,
child abuse, elder abuse, "hate" crimes, obscenity, pornography, and insider trading;
(b) make any false, materially misleading, or fraudulent statements or communications
to us or to any other person;
(c) engage in fraudulent or otherwise unlawful transactions;
(d) sell or otherwise transfer counterfeit or stolen items or materials;
(e) infringe any copyright, trademark, patent, or other intellectual property of
ICS-Network.Net Corporation or of any third party, nor misappropriate or disclose
trade secrets or other proprietary rights without the consent of the owner, nor
violate the privacy rights of any person;
(f) engage in defamation, slander, unlawfully harassing, hateful, or threatening
activity;
(g) engage in or communicate unlawful obscenity or pornography, or child-harming
activity [and you agree that you shall not transmit, post, email, forward, or otherwise
use or traffic in material which is lawfully suitable only for adults except in
areas and channels of communication that are restricted to Mature Audiences and
to which only persons for whom such material is suitable will be given access];
(h) engage in, pass on or transmit any Ponzi or pyramid scheme;
(i) "stalk" or harass any other person;
(j) if you are accessing or using ICS-Network.Net or the Services in any nation,
state or other jurisdiction which restricts such access or usage, then you shall
abide by the laws of that place and refrain from any access or use as required by
the laws of the applicable jurisdiction.
28.2. Improper , Illegal and Abusive Computer and System Functions. You agree that
you shall not:
(aa) interfere with, impair or degrade any functions of ICS-Network.Net or the Services;
(bb) interfere with or cause us to lose the services of our Internet Service Providers
("ISPs") or other persons who provide goods or services to us;
(cc) create or purport to create liability for us;
(dd) undermine the integrity of the user referral system or the user feedback system;
(ee) interfere with the performance by our employees of their duties;
(ff) create or impose an unreasonable load on ICS-Network.Net or its services, functions
or infrastructure;
(gg) employ any automatic data-mining or search engine, including without limitation
any robot, spider, scraper, or similar means to access ICS-Network.Net or the Services
without the express, prior written consent of an authorized officer of ICS-Network.Net
Corporation;
(hh) bypass security measures or constraints which we have created to restrict access
to or use of our systems and our data;
(ii) transmit any material that constitutes or contains any harmful computer code,
including without limitation, any computer virus, Trojan horse, worm, time bomb,
denial of service, cancelbot, easter egg, or other computer codes or methods which
are harmful to, unlawfully detract from the function or performance of, expropriate,
misappropriate, or misuse our computers, software, systems or infrastructure, or
those of any other person; "transmit" includes without limitation to upload, post,
email or otherwise make available;
(jj) copy, modify, create derivative works from, reverse-engineer, decompile, duplicate,
distribute, or publicly display any matter obtained from ICS-Network.Net or the
Services, or from any other person by use of the Services, without the express prior
written consent of ICS-Network.Net Corporation or other person owning rights in
such matter;
(kk) by pass our home page, headers, control screens, or other functional elements
of ICS-Network.Net and the Services, and, without limitation you shall not engage
in "deep-linking," or similar or equivalent techniques.
29. Restricted Commercial
Activities.
You agree that you shall not, without the prior express written consent of a duly
authorized officer of ICS-Network.Net Corporation, use ICS-Network.Net or the Services
to do any of the following:
(aaa) solicit advertisers or sponsors;
(bbb) solicit or obtain credit card, debit card, bank account or brokerage account
information or charges;
(ccc) solicit, obtain, or collect private information of other persons;
(ddd) display advertising or sponsorships of any kind, including without limitation
display banners generated by banner or link exchange services;
(eee) offer or sell goods or services;
(fff) provide personal services, counseling, or advice for which a governmental
license is required, such as, without limitation, medical, psychiatric, psychological,
dental, pharmacy, legal, investment, or accounting services;
(ggg) transmit "spam";
(hhh) collect or store personal data about other Members, participants or users.
30. Aiding, Abetting
and Contributing to Unlawful Activity.
You agree, in connection with your use of ICS-Network.Net and the Services, that:
you shall not aid or abet any other person to engage in any activity which is unlawful,
or which is constrained or restricted by this Agreement; and
you shall not contribute to any such misconduct of any other person.
31. ICS-Network.Net
Copyrights.
Copyright © ICS-Network.Net Corporation 2007. All rights reserved.
32. Copyright and Other Intellectual Property; Notice of Claims of Infringement
We ask that you also respect intellectual property rights. In appropriate cases
we may exercise discretion to limit, terminate or disable the accounts of Members
or other users who are identified as repeat infringers, or to remove or disable
access to infringing material.
If you believe that your copyright has been infringed, or that your intellectual
property rights have been violated, then provide ICS-Network.Net Corporation in
writing with the following:
(1) A physical or electronic signature of a person authorized to act on behalf of
the owner of an exclusive right that is allegedly infringed;
(2) Identification of the copyrighted work claimed to have been infringed, or, if
multiple copyrighted works at a single online site are covered by a single notification,
a representative list of such works at that site;
(3) Identification of the material that is claimed to be infringing or to be the
subject of infringing activity and that is to be removed or access to which is to
be disabled, and information reasonably sufficient to permit the service provider
to locate the material;
(4) Information reasonably sufficient to permit the service provider to contact
the complaining party, such as an address, telephone number, and, if available,
an electronic mail ("email") address at which the complaining party may be contacted;
(5) A statement that the complaining party has a good faith belief that use of the
material in the manner complained of is not authorized by the copyright owner, its
agent, or the law;
(6) A statement that the information in the notification is accurate, and under
penalty of perjury, that the complaining party is authorized to act on behalf of
the owner of an exclusive right that is allegedly infringed.
34. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY ACKNOWLEDGE AND AGREE AS FOLLOWS:
34.1 NO WARRANTY. ICS-NETWORK.NET CORPORATION, ITS AFFILIATES, SUPPLIERS AND CONTRACTORS
PROVIDE ICS-NETWORK.NET AND THE SERVICES "AS IS" AND "AS AVAILABLE" AND WITHOUT
ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED OR STATUTORY. WITHOUT LIMITING THE
BREADTH OF THE FOREGOING SENTENCE, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
FOR THE PURPOSES OF THIS SECTION, " ICS-NETWORK.NET CORPORATION, ITS AFFILIATES,
SUPPLIERS AND CONTRACTORS" IS INTENDED TO INCLUDE, WITHOUT LIMITATION, ICS-NETWORK.NET
CORPORATION, OUR LIMITED LIABILITY COMPANY MANAGERS, OFFICERS, EMPLOYEES,
AND AGENTS, THE SUPPLIERS OF OUR WEB SITES, OUR INTERNET SERVICE PROVIDERS ("ISPs"),
OUR OTHER TECHNICAL AND SERVICE PROVIDERS, OUR RESELLERS, AND ANY PERSONS WHO MAY
BE OR BE DEEMED OUR PARTNERS, JOINT VENTURERS, OR PRINCIPALS, EACH AND ALL OF WHOM
SHALL BE EXPRESS THIRD PARTY BENEFICIARIES OF THESE DISCLAIMERS OF WARRANTY.
Some states do not allow the disclaimer of implied warranties in some circumstances,
so if the laws of such a state apply to your dealings with us and if the requisite
circumstances exist in your case, then some portion or all of the foregoing disclaimer
may not apply to you. The law of warranty varies from state to state and the law
applicable in your particular case may give you specific legal rights.
35. LIMITATIONS AND
EXCLUSIONS OF DAMAGES.
IN NO EVENT SHALL ICS-NETWORK.NET CORPORATION, ITS AFFILIATES, SUPPLIERS AND CONTRACTORS
BE LIABLE FOR ANY OF THE FOLLOWING KINDS OF DAMAGES: LOST PROFITS, LOST GOOD WILL,
BUSINESS INTERRUPTION; OR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL ,
OR EXEMPLARY DAMAGES ARISING, OR ALLEGED TO ARISE, OUT OF OR IN CONNECTION WITH
OUR SITE, OUR SERVICES, OR THIS AGREEMENT.
WITHOUT LIMITING THE BREADTH OF THE KINDS OF DAMAGES EXCLUDED BY THE PRECEDING SENTENCE,
ICS-NETWORK.NET CORPORATION, ITS AFFILIATES, SUPPLIERS AND CONTRACTORS SHALL NOT BE
LIABLE FOR ANY OF THE FOREGOING KINDS OF DAMAGES ARISING OR RESULTING FROM: (a)
ANY USE OR INABILITY TO USE ICS-NETWORK.NET OR THE SERVICES; (b) ANY COST OF ACQUIRING
SUBSTITUTE GOODS AND SERVICES; (c) ANY UNAUTHORIZED ACCESS TO, DEGRADATION OF, OR
ALTERATION OF THE CONTENTS OF TRANSMISSIONS OF YOU OR ANY THIRD PARTY; (d) ANY CONDUCT
OR COMMUNICATIONS OF ANY THIRD PARTY BY USE OF ICS-NETWORK.NET OR THE SERVICES;
OR (e) ANY OTHER MATTER OR CIRCUMSTANCE RELATED TO ICS-NETWORK.NET OR THE SERVICES.
IN ANY CIRCUMSTANCE WHERE ICS-NETWORK.NET, ITS AFFILIATES, SUPPLIERS AND CONTRACTORS
MAY HAVE LIABILITY TO YOU THAT IS NOT EXCLUDED BY THE FOREGOING, THEN ANY SUCH LIABILITY
TO YOU AND TO ANY THIRD PARTY IS LIMITED IN AMOUNT TO THE GREATER OF (A) ONE HUNDRED
DOLLARS ($100), AND (B) THE AMOUNT OF FEES (IF ANY) YOU HAVE PAID TO US IN THE NINETY
(90) DAYS IMMEDIATELY PRIOR TO THE EVENTS ALLEGEDLY GIVING RISE TO THE CLAIMED LIABILITY.
FOR THE PURPOSES OF THIS SECTION " ICS-NETWORK.NET CORPORATION, ITS AFFILIATES,
SUPPLIERS AND CONTRACTORS " IS INTENDED TO INCLUDE, WITHOUT LIMITATION, ICS-NETWORK.NET
CORPORATION, OUR LIMITED LIABILITY COMPANY MANAGERS, OFFICERS, EMPLOYEES,
AND AGENTS, THE SUPPLIERS OF OUR WEB SITES, OUR INTERNET SERVICE PROVIDERS ("ISPs"),
OUR OTHER TECHNICAL AND SERVICE PROVIDERS, OUR RESELLERS, AND ANY PERSONS WHO MAY
BE OR BE DEEMED OUR PARTNERS, JOINT VENTURERS, OR PRINCIPALS, EACH AND ALL OF WHOM
SHALL BE EXPRESS THIRD PARTY BENEFICIARIES OF THESE DAMAGE EXCLUSIONS AND LIMITATIONS.
Some states do not allow exclusion or limitation of incidental or consequential
damages in some circumstances, so if the laws of such a state apply to your dealings
with us and if the requisite circumstances exist in your case, then some portion
or all of the foregoing exclusion and limitation may not apply to you. The law varies
from state to state and the law applicable in your particular case may give you
specific legal rights.
36. INDEMNITY.
You agree to indemnify us (" ICS-Network.Net Corporation, its affiliates, suppliers
and contractors" as defined in the sections which disclaim warranties and limit
and exclude damages), and to hold us harmless, from any claim, cost, liability or
demand or any third party, including reasonable attorneys fees, which arises or
is alleged to arise from:
(a) breach by you or by anyone for whom you bear responsibility of this Agreement
or of any of the materials which this Agreement incorporates by reference; or
(b) violation by you or by anyone for whom you bear responsibility of any law or
of the rights of any third party.
37. PROVISIONS OF GENERAL
APPLICATION.
37.1 Entire Agreement.
This written Agreement, including any matter that is expressly incorporated in this
Agreement by reference, constitutes the entire Agreement between you and ICS-Network.Net
Corporation and it governs your use of ICS-Network.Net and the Services. This Agreement
supercedes any prior negotiations and agreements between you and ICS-Network.Net
Corporation. There are no oral terms to this Agreement. This Agreement can only
be amended or altered in writing. Please note the separate section of this agreement
concerning amendment of it. Your purchase or use of particular services and products
of ICS-Network.Net Corporation, or of third-party content or third-party software,
may be governed by additional written terms and conditions specified when you purchase
or access such particular services and products.
37.2. Choice of Law and Choice of Forum.
This Agreement, and the relationship between you and ICS-Network.Net, shall be governed
by the laws of the State of Texas, U.S.A., without regard to its conflict of laws
provisions. You and ICS-Network.Net agree to submit to the exclusive personal jurisdiction
of the courts located within Aransas County, Texas.
37.3. Statute of Limitations.
You and ICS-Network.Net Corporation agree that any claim or cause of action arising
or alleged to arise out of, or related to, this Agreement, the use of ICS-Network.Net,
or the Services, must be filed within one (1) year after such cause of action arose,
or else such claim or cause of action shall be permanently barred. You and ICS-Network.Net
Corporation agree that this limitation applies regardless of any statute or law
to the contrary which might otherwise apply.
37.4 Export Controls.
The Services, or some uses of them, may be subject to the export control laws of
the United States. You agree that you shall not export, re-export, disclose, or
transfer any of the Services, or any technical matter related to the Services, nor
shall you use the Services, in violation of applicable export control laws and regulations.
37.5. Restriction of Rights Concerning Government Usage.
ICS-Network.Net and the Services comprise Restricted Rights in accord with DFARS
Section 227.7202 et seq. If you are using ICS-Network.Net or the Services as a representative
of the United States Department of Defense, or as a representative of any other
governmental agency of any nation, state or locality, then you acknowledge that
the Services, and any portion of them, are "Commercial Computer Software" (cf. DFARS
Section 252.227-7014) and any documentation is "Commercial Computer Software Documentation,"
all of which were developed exclusively . You do not receive any rights to reproduce
or modify the Services or any associated software.
37.6. Non-Transferability; No Sublicensing; No Right of Survivorship. Your identity
is an essential element of your registration and Membership, the accuracy of which
you are required to represent and warrant as a necessary condition of your use of
ICS-Network.Net and the Services. Among other reasons, the accuracy of your identity
disclosures is material to our ability to protect ourselves and other Users from
fraud and other abuses of our system and services. You cannot transfer or sub-license
your registration, your Membership, or your rights under this Agreement. Upon your
death any rights to your account terminate. Upon our receipt of a copy of a death
certificate, or of other proof of death which is satisfactory to us in our sole
discretion, your account can be terminated and your registration deleted by us.
37.8. No ReSale, Re-Transmission or Commercial Use.
Except for communications in which you are an active participant using ICS-Network.Net
and the Services, in accord with the terms and conditions of this Agreement, and
except as may otherwise be expressly agreed in a separate writing signed by two
officers of ICS-Network.Net and ICS-Network.Net Corporation, you agree that:
(i) you have no right to resell or re-transmit ICS-Network.Net or the Services;
(ii) you shall not distribute or re-distribute any of the Services, use the Services
on timeshare or service bureau basis, for operation of a website, or for any commercial
or income-generating purpose. Any Reseller Agreement must be by separate writing,
signed by two officers ICS-Network.Net Corporation.
37.9. No Third Party Beneficiaries.
Except as is otherwise expressly stated in this Agreement, there shall be no third
party beneficiary of this Agreement.
37.10. Waiver and Severability.
A failure of ICS-Network.Net Corporation and ICS-Network.Net to exercise a right
or provision of this Agreement shall not operate as a waiver of such right or provision.
If a court of competent jurisdiction shall determine that any provision of this
Agreement, or of any expressly incorporated document, is invalid, then it is agreed
that the Court shall endeavor to revise such provision to give it such effect as
is legally valid; and to the extent that a provision is invalid that provision shall
be severed and the remainder of this Agreement enforced.
37.11. Rights and Remedies Cumulative.
All rights and remedies of ICS-Network.Net and ICS-Network.Net Corporation under
this Agreement or provided by law and equity shall be deemed cumulative and not
exclusive of each other, and the exercise of one remedy shall not preclude the exercise
of any other.
37.12. Captions, Headings and Links.
Captions, headings and links in this Agreement are for reference only and shall
not be considered when construing this Agreement.
38. NOTICES
38.1. Your Notices to Us.
Any notice which you are permitted or required to give to ICS-Network.Net and ICS-Network.Net
Corporation under this Agreement shall be in writing and shall be delivered by U.S.
mail, certified, first class or express mail, and prepaid ; or shall be delivered
by a nationally recognized commercial delivery service which provides delivery tracking
(such as Federal Express or UPS) addressed to:
ICS-Network.Net Corporation
Attn: Administration
202 Hwy 35 South, Suite 201
Rockport, TX, U.S.A., 78382
38.2. Our Notices to You; Your Email Address for Notices.
You agree that we may provide you with any notices that are permitted or required
under or concerning this Agreement, including without limitation changes in the
Terms and Conditions of Service or the Privacy Policy, by electronic means such
email to the email address which you provide in your registration or otherwise;
or by U.S. Post Office mail; or by postings on ICS-Network.Net or within any applicable
Service of ICS-Network.Net to which you have subscribed. You agree that (i) it is
your responsibility to keep us timely informed or your correct email address by
editing your Membership registration data to reflect any changes in your email address,
and it is your responsibility to monitor your own email at that email address; and
(ii) it is your continuing responsibility as you use ICS-Network.Net and the Services
to read and make certain you understand the notices which we post from time to time
on ICS-Network.Net and the Services.
39. Injunctive Relief
You agree that any use of ICS-Network.Net or the Services contrary to the terms
of this Agreement, as amended from time to time, or any sublicensing, transfer,
copying or disclosure of technical matter related to ICS-Network.Net or the Services
is likely to cause irreparable harm to ICS-Network.Net Corporation, its members,
affiliates, providers, and suppliers, as well as to authorized sublicensees and
Resellers of ICS-Network.Net and the Services, for which pecuniary compensation
alone would be insufficient. You agree that under such circumstances ICS-Network.Net
Corporation, its members, affiliates suppliers, authorized sublicensees and Resellers
shall be entitled to temporary, preliminary and permanent injunctive and other equitable
relief, without posting bond or security.
ICS-Network.Net's Agent
for Notification of Claimed Infringement is:
Copyright Agent
c/o ICS-Network.Net, Inc.
202 Hwy 35 South, Suite 201
Rockport, TX 78382
By Telephone: 888-296-5736
By Fax: 888-875-5353
email: copyright_agent@ics-network.net
