Networks & Web Site Agreement
The ImpulseConnect Network (the "Service") is an online
information and communications service provided by Impulse
Connect, Inc. ("ImpulseConnect"), subject to your
compliance with the terms and conditions set forth below
including, all exhibits hereto.
"ImpulseConnect" and the "ImpulseConnect" design are registered
trademarks of ImpulseConnect in the United States and other
countries. Other marks which appear on this Web site may be
marks of third parties that are not affiliated with
ImpulseConnect. ImpulseConnect and its affiliates do not control
or endorse the content of third party Web sites.
Please read this Agreement carefully before accessing or
using the Service. By accessing or using the Service, 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 Service. If you utilize the Service in a
manner inconsistent with these terms and conditions,
ImpulseConnect may terminate your access, block your future
access and/or seek such additional relief as the circumstances
of your misuse indicate is proper. ImpulseConnect may modify
this Agreement at any time, and such modifications shall be
effective immediately upon posting of the modified Agreement.
You agree to review the Agreement periodically to be aware of
such modifications and your continued access or use of the
Service shall be deemed your conclusive acceptance of the
modified Agreement.
1. Operating Policies. You agree to comply with
the Operating Policies set forth in Exhibit A (as they may be
amended by ImpulseConnect from time to time), which are the
rules that govern your activity in connection with the Service.
ImpulseConnect has the right but not the obligation to remove
any communications and materials that ImpulseConnect believes in
its sole discretion violate the Operating Policies.2.
Copyright, Licenses and Idea Submissions. The entire
contents of the Service areprotectedunder the United States
copyright laws. The owner of the copyright is ImpulseConnect.
You may print and download portions of material from the
different areas of the Service solely for your own
non-commercial use. You may make: (a) one machine readable copy,
(b) one backup copy, and (c) one print copy of any portions of
material downloaded from the different areas of the Service
solely for your non-commercial use. Any other copying,
redistribution, retransmission or publication of any downloaded
material, is strictly prohibited without the express written
consent of ImpulseConnect or any third party information
provider to the Service. You agree not to change or delete any
proprietary notices from materials downloaded from the Service.
You agree to grant to ImpulseConnect a non-exclusive,
royalty-free, worldwide, perpetual license, with the right to
sublicense, 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 public areas of the Service (such as
bulletin boards, forums and newsgroups) by all means and in any
media now known or hereafter developed. You also grant to
ImpulseConnect 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 ImpulseConnect for any alleged or actual
infringement or misappropriation of any proprietary right in
your communications to us.
3. Use of the Service. You understand that,
except for information, products or services clearly identified
as being supplied by ImpulseConnect, ImpulseConnect does not
operate, control or endorse any information, products or
services on the Internet in any way. Except for
ImpulseConnect-identified information, products or services, all
information, products and services offered through the Service
or on the Internet generally are offered by third parties that
are not affiliated with ImpulseConnect. You also understand that
ImpulseConnect cannot and does not guarantee or warrant that
files available for downloading through the Service 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 Service for the reconstruction of any lost data.
You assume total responsibility and risk for your use of the
Service and the Internet. ImpulseConnect does not make any
express or implied warranties, representations or endorsements
whatsoever (including without limitation warranties of title or
non-infringement, or the implied warranties of merchantability
or fitness for a particular purpose) with regard to the Service,
any merchandise, information or service provided through the
Service or on the Internet generally, and ImpulseConnect shall
not be liable for any cost or damage arising either directly or
indirectly from any such 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 Service or on the
Internet generally. ImpulseConnect does not warrant that the
Service will be uninterrupted or error-free or that defects in
the Service will be corrected. The Service and any software made
available on the Service are provided on an "as is, as
available" basis.
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.
ImpulseConnect has no control over and accepts no responsibility
whatsoever for such materials.
In no event will ImpulseConnect 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 Service, or
any information, or transactions provided on the Service or
downloaded or hyperlinked from the Service, even if
ImpulseConnect 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
Service and/or materials or information downloaded through, or
hyperlinked from, the Service. 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, Impulse Connect's liability is limited to
the greatest extent permitted by law.
4. Indemnification. You agree to indemnify,
defend and hold harmless ImpulseConnect, its officers,
directors, employees, agents, licensors, suppliers and any third
party information providers to the Service from and against all
losses, expenses, damages and costs, including reasonable
attorneys' fees, resulting from any violation of this Agreement
by you.
Third Party Rights. The provisions of paragraphs 3 (Use of
the Service), and 4 (Indemnification) are for the benefit of
ImpulseConnect and its officers, directors, employees, agents,
licensors, suppliers, and any third party information providers
to the Service. Each of these individuals or entities shall have
the right to assert and enforce those provisions directly
against you on its own behalf.
5. Term; Termination. This Agreement may be
terminated by either party without notice at any time for any
reason; provided that you may no longer use the Service after
you have terminated this Agreement. The provisions of paragraphs
2 (Copyright, Licenses and Idea Submissions), 3 (Use of the
Service), 4 (Indemnification), 5 (Third Party Rights) and 7
(Miscellaneous) shall survive any termination of this Agreement.
6. Miscellaneous. This Agreement shall all
be governed and construed in accordance with the laws of the
State of Florida applicable to agreements made and to be
performed in Florida. You agree that any legal action or
proceeding between ImpulseConnect 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 Florida. Any cause of action
or claim you may have with respect to the Service must be
commenced within one (1) year after the claim or cause of action
arises or such claim or cause of action is barred. Impulse Connect'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. ImpulseConnect
may assign its rights and duties under this Agreement to any
party at any time without notice to you.
Exhibit A
Operating Policies
Your participation in on-line communications occurs in real time
and is not edited, censored, or otherwise controlled by
ImpulseConnect. ImpulseConnect cannot and does not screen
content provided by users of the Service. Notwithstanding the
foregoing, ImpulseConnect reserves the right to monitor content
on the Service and to remove content which ImpulseConnect, in
its sole discretion, determines to be harmful, offensive, or
otherwise in violation of these Operating Policies. In order to
maintain an informative and valuable service that meets the
needs of the users of the Service and avoids the harm that can
result from disseminating statements that are false, malicious,
violate the rights of others, or otherwise harmful, it is
necessary to establish the following rules to protect against
abuse:
i. Unless you are participating in an area of the Service that
requires or encourages anonymity, use your real name in online
communications.
ii. You may not post or transmit any message which is
libelous, defamatory or which discloses private or personal
matters concerning any person. You may not post or transmit any
message, data, image or program which is indecent, obscene or
pornographic.
iii. You may not post or transmit any message, data, image or
program that would violate the property rights of others,
including unauthorized copyrighted text, images or programs,
trade secrets or other confidential proprietary information, and
trademarks or service marks used in an infringing fashion.
iv. You may not interfere with other users use of the
Service.
v. You may not use any robot, spider, or other automatic
device or process to monitor or copy our web pages or any
portion of the content contained herein without our express
written permission.
vi. You may not post or transmit any file which contains
viruses, worms, "Trojan horses" or any other contaminating or
destructive features.
vii. You may not post or transmit any message which is
harmful, threatening, abusive or hateful. It is not the
Service's intent to discourage you from taking controversial
positions or expressing vigorously what may be unpopular views;
however, ImpulseConnect reserves the right to take such action
as it deems appropriate in cases where the Service is used to
disseminate statements which are deeply and widely offensive
and/or harmful.
viii. You may not post or transmit charity requests,
petitions for signatures, chain letters or letters relating to
pyramid schemes. You may not post or transmit any advertising,
promotional materials or any other solicitation of other users
of the Service for goods or services except in those areas
(e.g., a classified bulletin board) that are designated for such
purpose.
ix. You may not post or list articles which are off-topic
according to the description of the group or list or send
unsolicited mass e-mailings to 10 people or more if such e-mail
could reasonably be expected to provoke complaints from its
recipients.
x. You may not use the facilities and capabilities of the
Service to conduct any activity or solicit the performance of
any illegal activity or other activity which infringes the
rights of others. |