ACCEPTANCE OF TERMS
"Services" means all services and resources offered or enabled via the Site by Telecompute and users of this Site, including download areas, developer tools services, product and other information services and communications services such as bulletin boards, calendars, chat areas, communities, e-mail, forums, newsgroups, and other message or communication or business facilities designed to enable you to do business or communicate with others.
"Materials" means all publications, content, tools, resources, software, code, programs and products, communications, downloads, files, text, images, photographs, graphics, information, data, documents (such as press releases, datasheets, FAQs, etc.) and videos made available or enabled via the Site by Telecompute or users of this Site.
All Materials provided by Telecompute are referred to collectively as "Telecompute Materials".
All user-supplied Materials are referred to collectively as "User Materials".
INTELLECTUAL PROPERTY AND LICENSE
All the Materials and Services including their selection and arrangement are protected by copyrights, trademarks, patents, trade secrets and all other intellectual property and proprietary rights ("Intellectual Property Rights").
It is deemed admitted that you agree not to copy, republish, frame, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Site, Materials or Services, any portions of the Site, Materials or Services or the selection and arrangement of the Site, Materials or Services, except as expressly authorized herein. In addition, you agree not to use any data mining, robots or similar data gathering and extraction methods in connection with the Site, Services or Materials.
The trademarks, logos and service marks ("Marks") displayed on this Site are the property of Telecompute Integrated Systems Inc. or other third parties. You are not permitted to use the Marks without the prior written consent of Telecompute Integrated Systems, Inc. or such third party that may own the Marks. For a current list of Telecompute's Marks please refer to the posted Trade Marks Information
USE OF SITE AND SERVICES
All costs and charges, including phone charges and telecommunications equipment costs that you incur in order to access or use the Site, Services and Materials shall be borne by you. Adherence is a must to all limitations on dissemination, usage and reproduction of any Materials that you download from the Site that are subject to such limitations. You agree to use the Services only to access, download, utilize, post, send or receive Materials in an appropriate manner as related to the particular Materials or Services being accessed or used by you. Listed below are few instances of improper activities that you agree you shall not:
• Attempt to gain access to or use another's account, password, Service, Materials or computer systems or networks connected to any Telecompute server or to the Site without authorization from Telecompute, whether through hacking, password mining or any other means.
• Harvest, mine, collect or engage in any other activity to obtain e-mail addresses, phone numbers, personal information or any other information about others.
• Remove or falsely add to any uploaded Materials any copyright, trademark or other legal or proprietary rights notices, author attributions or other information such as origin or source of the Material.
• Access or attempt to access any Material that you are not authorized to access or Materials through any means not intentionally made available through the Site or Services.
• Make available any files containing Materials where you do not own or control, or have not received the necessary licenses to, all Intellectual Property Rights, rights of privacy and publicity and all other rights in and to such Materials.
• Use any Materials in any manner that infringes any Intellectual Property Rights or other rights of any party.
• Disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any Services, Materials, systems resources, accounts, passwords, servers or networks connected to or accessible through the Site or any affiliated or linked sites.
• Transmit unsolicited or bulk communications to any Telecompute account holder or to any Telecompute.net or affiliated e-mail address.
• Post, upload or otherwise submit any software, programs or files that are harmful or disruptive of another’s equipment, software or other property, including any corrupted files, time bombs, Trojan horses, cancelbots, viruses and worms.
• Create a false identity for the purpose of misleading others.
• Download any Materials posted by another that you know, or reasonably should know, cannot be legally reproduced, distributed, performed or displayed in such manner.
• Disrupt, interfere or inhibit any other user from using and enjoying the Site or other affiliated or linked sites, Materials or Services.
• Access or use the Site in any manner that could damage, disable, overburden or impair any Telecompute server or the network(s) connected to any Telecompute server.
• Post or otherwise submit any topic, name, material or information that is child pornography, defamatory, excessively violent, harassing, inappropriate, indecent, lascivious, lewd, obscene, profane, racist, unlawful, or otherwise objectionable.
• Prepare, compile, use, download or otherwise copy any Site user directory or other user or usage information or any portion thereof, or transmit, provide or otherwise distribute (whether or not for a fee) such directory or information to any third party.
• Engage in any chain letters, contests, junk e-mail, pyramid schemes, spamming, surveys or any other duplicative or unsolicited messages (commercial or otherwise).
• Violate the rights of Telecompute or any third party (including rights of privacy and publicity) or abuse, defame, harass, stalk or threaten another.
• Use any Telecompute domain name as a pseudonymous return e-mail address.
• Market any goods or services for any business purpose (including advertising and making offers to buy or sell goods or services), unless specifically allowed to do so by Telecompute.
Paid use: A fee is paid for certain Services and Materials. These paid Services and Material will only be, therefore, made available to those users who have paid Telecompute a fee for them. Such users may be required to enter into an agreement for that particular Service or Material.
Telecompute, in its sole discretion, may (but has no obligation to) monitor or review the Materials and Services at any time.
Telecompute may at any time without notice and in its sole discretion: (a) terminate a Service, access to or use of any Materials or an area of the Site where Materials are posted or submitted; and (b) disclose any information related to your use of a Service or Material, or the substance of any of your posted or submitted Materials, as Telecompute deems necessary to comply with applicable law, regulation, legal process or governmental request. You agree to use extra care when disclosing any personally identifiable information about yourself or your children in any Services or when you post or otherwise submit any Materials.
To establish an account in connection with a particular Service or Material, you must complete the designated registration process for such Service or Material. All required registration information that you provide must be current, complete and accurate and kept up to date on a prompt, timely basis. If required, you must also choose a user name and password for such account. It is your sole responsibility to keep your account number, user name, password and other sensitive information confidential.
If you become aware of any unauthorized use of your account or any other breach of security, you shall notify Telecompute immediately. If any Services or Materials provide password-restricted access to your sensitive information (including customer lists and contractual terms), then by accessing or using this Site and setting up a password-restricted account for such Services or Materials, you consent to Telecompute's display of such information via such Services or Materials and accept all risks of unauthorized access to such information.
USE OF SOFTWARE
Any software code, including programs, tools, utilities, files and otherwise, and accompanying documentation that are made accessible via the Site (collectively, "Software") are the copyrighted and patented work of Telecompute.
Use of such Software is governed by the terms of the license agreement that accompanies or is included with the Software, or by the license agreement expressly stated on the Site page(s) accompanying the Software.
You agree that you will not decompile, reverse engineer or otherwise attempt to discover the source code of the Software. The Software is made available solely in accordance with the license agreement. Without limiting the foregoing, unless the accompanying license agreement expressly allows otherwise, any copying or redistribution of the Software is prohibited, including any copying or reproduction of the Software to any other server or location for further reproduction, redistribution or use on a service bureau basis. Any unauthorized use, copying or distribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
USE OF TELECOMPUTE MATERIALS AND USER CONTENT
Unless specifically and expressly mentioned to the contrary elsewhere on this Site, you may view, download, and print the Telecompute Materials and User Content available on this Site subject to the following conditions:
• The rights granted to you constitute a license and not a transfer of title.
• The Telecompute Materials and User Content may not be modified or altered in any way.
• The Telecompute Materials and User Content on the Site may not be distributed or sold, rented, leased, licensed or otherwise made available to others unless specifically specified by Telecompute.
• The Telecompute Materials and User Content may be accessed and used solely for personal, informational, non-commercial and internal purposes.
• You may not remove any copyright or other proprietary notices contained in the Telecompute Materials and User Content.
• You may not copy or distribute any graphics in the Telecompute Materials or User Content apart from their accompanying text.
• You will not quote or display Telecompute Materials or User Content, or any portions thereof, out of context.
• Telecompute reserves the right to revoke the authorization to view, download and print the Telecompute Materials and User Content available via this Site at any time, and any such use shall be discontinued immediately upon notice from Telecompute.
• Telecompute Materials and User Content comprised of Software are subject to the additional provisions governing Software set forth herein.
• Any Telecompute Materials or User Content made available only upon payment of a fee or execution of a separate agreement may only be viewed, downloaded and printed subject to your payment of such fee or execution of such separate agreement.
Use of the Telecompute Materials or User Content for any other purpose is expressly prohibited and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
The rights specified above to view, download and print the Telecompute Materials and User Content available on this Site are not applicable to the design, layout or look and feel of this Site. Such elements of the Site are protected by law, including trade dress, trademark, unfair competition and other laws, and may not be copied or imitated in whole or in part. No Mark, graphic, sound or image from the Site may be copied or retransmitted unless expressly permitted by Telecompute. In addition, various sections of the Site may showcase the work of creative professionals. Such Materials (whether Telecompute Materials or User Content) belong to their creators, may be protected by Intellectual Property Rights and are for display purposes only. Accordingly, you may not download or print these works unless there is a notice associated with the work expressly permitting such uses.
MATERIALS PROVIDED TO TELECOMPUTE OR POSTED AT ANY TELECOMPUTE WEB SITE.
All of your User Materials that you post on or otherwise submit via the Site and Services shall not be confidential information or trade secrets owned by you or any other party.
Telecompute does not claim ownership of the materials you provide to Telecompute (including feedback and suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private community,.
No compensation will be paid with respect to the use of your Submission, as provided herein. Telecompute is under no obligation to post or use any Submission you may provide and Telecompute may remove any Submission at any time in its sole discretion.
You are solely and entirely responsible for all of your Materials that you post or otherwise submit via the Site or Services. You shall assume all risks associated with the use of your Materials including any reliance on the accuracy, completeness or usefulness of your Materials. Telecompute does not guarantee the accuracy, integrity or quality of your User Materials. You acknowledge and agree that by accessing or using the Site or Services, you may be exposed to Materials from others that are offensive, indecent or otherwise objectionable.
TELECOMPUTE’S RIGHTS TO SUBMITTED USER MATERIALS
For all of your User Materials that you post or otherwise submit to the Site, including (a) comments, (b) feedback, (c) bug reports, (d) piracy reports or (e) product suggestions, you grant Telecompute and the users of this Site an unrestricted, irrevocable, non-exclusive, worldwide, royalty-free and fully paid up license under all Intellectual Property Rights to use, reproduce, publicly display, publicly perform, copy, edit, modify, translate, reformat, transmit and distribute such User Materials, with or without having your name attached to such User Materials, in any manner or form and for any purpose, with full rights to sublicense such rights through multiple tiers of distribution, and you also acknowledge and agree that Telecompute is free to use any ideas, concepts, know-how or techniques that you provide for any purpose without any compensation to you. You acknowledge and agree that Telecompute shall not be liable for any failure to store User Materials on the Site at any time.
RESTRICTION AND TERMINATION OF USE
Telecompute may block, restrict, disable, suspend or terminate your access to all or part of the Site, Services and Materials at any time in Telecompute’s sole discretion, without prior notice or liability to you.
This Site is accessible form countries all around the world and may contain references to Telecompute products, services and programs that are not available in the use of your User Materials including any reliance on the accuracy, completeness or usefulness of your User Materials. Telecompute does not guarantee the accuracy, integrity or quality of your User Materials.
LINKS TO THIRD PARTY SITES
The Site, Services or Materials may include links that will take you to other sites outside of the Site ("Linked Sites"). The Linked Sites are provided by Telecompute to you as a convenience and the inclusion of the links do not imply any endorsement by Telecompute of any Linked Site. Telecompute has no control of the Linked Sites and you therefore acknowledge and agree that Telecompute is not responsible for the contents of any Linked Site, any link contained in a Linked Site or any changes or updates to a Linked Site. You further acknowledge and agree that Telecompute is not responsible for any form of transmission received from any Linked Site.
WARRANTIES AND DISCLAIMERS
This site, services and materials may include technical or other mistakes, inaccuracies, or typographical errors. Telecompute may make changes to the site, materials and services, including the prices and descriptions of any software or products listed, at any time in its sole discretion and without notice. The site, materials and services may be out of date, and Telecompute makes no commitment to update the site, materials and services.
You acknowledge and agree that: (i) Telecompute does not control, endorse, or accept responsibility for any materials or services offered by third parties, including third-party vendors and third parties accessible through linked sites; (ii) Telecompute makes no representations or warranties whatsoever about any such third parties, their materials or services; (iii) any dealings you may have with such third parties are at your own risk; and (iv) Telecompute shall not be liable or responsible for any materials or services offered by third parties.
Telecompute does not control or endorse the materials found in any services and specifically disclaims any liability with regard to the site, services and any actions resulting from your use of the site and materials and participation in any services. Managers, hosts, participants and other third parties are not authorized Telecompute spokespersons, and their views do not necessarily reflect those of Telecompute. To the maximum extent permitted by law, Telecompute will have no liability related to user materials arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. Telecompute also disclaims all liability with respect to the misuse, loss, modification or unavailability of any user materials.
Some states or jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the extent permissible, any implied warranties are limited to ninety (90) days.
PERSONAL INFORMATION AND PRIVACY
LIMITATION OF LIABILITY
In no event shall Telecompute, its officers, directors, employees, partners or suppliers be liable to you or any third party for any special, punitive, incidental, indirect or consequential damages or losses of any kind, or any damages or losses whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or if Telecompute has been advised of the possibility of such damages or losses, and on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with: (1) the access or use of or the inability to access or use the site, services, or materials; (2) the statements or actions of any third party on or via the site, services or materials; (3) any dealings with vendors or other third parties; (4) any unauthorized access to or alteration of your transmissions, user materials or other data; (5) any information that is sent or received or not sent or received; (6) any failure to store or loss of data, files, materials or other content; (7) any services available that are delayed or interrupted; (8) any web site referenced or linked to from this site; or (9) your access to or use of or inability to access or use any linked site. Some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages. Accordingly, the limitations and exclusions set forth above may not apply to you.
NOTIFICATION OF COPYRIGHT INFRINGEMENT
Telecompute will, in appropriate circumstances, terminate the accounts of users who infringe the Intellectual Property Rights of others. Telecompute will investigate notices of copyright infringement and take appropriate actions under appropriate laws. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Site or on sites linked to from this Site or in connection with the Services or Materials, please provide written notification of claimed copyright infringement to Telecompute, which must contain the following elements:
• A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed;
• A description of the copyrighted work or works that you claim have been infringed and identification of what content in such work(s) is claimed to be infringing and which you request to be removed or access to which is to be disabled;
• A description of where the content that you claim is infringing is located on the Telecompute site;
• Information sufficient to permit Telecompute to contact you, such as your physical address, telephone number, and e-mail address;
• A statement by you that you have a good faith belief that the use of the content identified in your Notice in the manner complained of is not authorized by the copyright owner, its agent, or the law;
• A statement by you that the information in your notice is accurate and, under penalty of perjury that you are the copyright owner or authorized to act on the copyright owner's behalf.
Telecompute's Responsible Agent for Notice of claims of copyright infringement can be reached as follows:
Responsible Agent–Copyright Infringement Claims
Telecompute Integrated Systems, Inc.
83 Galaxy Blvd., Suite 2
M9W 5X6 CANADA
By telephone: (416) 674-8220
By fax: (416) 674-8234
By e-mail: email@example.com
The Responsible Agent should be contacted only if you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on the Site or on sites linked to from the Site or in connection with the Services or Materials. All other inquiries directed to the Responsible Agent will not be responded to. Such inquiries should be made through the regular procedure.
UNSOLICITED IDEA SUBMISSION POLICY
Any unsolicited ideas, including ideas for advertising campaigns, promotions, products, technologies, processes, materials, marketing plans or product names, that are sent to Telecompute for consideration via this Site shall not be considered or accepted by Telecompute, nor deemed confidential or proprietary information (including any original creative artwork, samples, demos or other works presented in connection therewith).
SPAM E-MAIL AND POSTINGS