The following terms and conditions apply to all persons
and/or business entities ('Subscribers') using the services of TIAS.COM,
Inc. ('TIAS').
General Information: Your registration with, or
continued use of, TIAS's services constitutes your agreement to these
terms and conditions and any disclaimers of warranty. TIAS reserves the
right, to modify, alter and update these Terms of Use at any time and you
agree to be bound by such modifications, alterations, and updates. You
agree to review these Terms of Use on a periodic basis.
Part A: Use of Services
1. License: TIAS grants you, the subscriber, a non-exclusive,
non-transferable, limited license to its services.
2. Subscriber Responsibilities: You agree to not use the
Service to:
a. |
upload, post, email, transmit or otherwise make
available any Content that is unlawful, harmful, threatening,
abusive, harassing, tortious, defamatory, vulgar, obscene,
libelous, invasive of another's privacy, hateful, or racially,
ethnically or otherwise objectionable; |
b. |
harm minors in any way; |
c. |
impersonate any person or entity, including,
but not limited to, a TIAS official, forum leader, guide or host,
or falsely state or otherwise misrepresent your affiliation with a
person or entity; |
d. |
forge headers or otherwise manipulate
identifiers in order to disguise the origin of any Content
transmitted through the Service; |
e. |
upload, post, email, transmit or otherwise make
available any Content that you do not have a right to make
available under any law or under contractual or fiduciary
relationships (such as inside information, proprietary and
confidential information learned or disclosed as part of
employment relationships or under nondisclosure agreements); |
f. |
upload, post, email, transmit or otherwise make
available any Content that infringes any patent, trademark, trade
secret, copyright or other proprietary rights ("Rights")
of any party; |
g. |
upload, post, email, transmit or otherwise make
available any unsolicited or unauthorized advertising, promotional
materials, "junk mail," "spam," "chain
letters," "pyramid schemes," or any other form of
solicitation, except in those areas (such as the mail subscription
area) that are designated for such purpose; |
h. |
upload, post, email, transmit or otherwise make
available any material that contains software viruses or any other
computer code, files or programs designed to interrupt, destroy or
limit the functionality of any computer software or hardware or
telecommunications equipment; |
i. |
disrupt the normal flow of dialogue, cause a
screen to "scroll" faster than other users of the
Service are able to type, or otherwise act in a manner that
negatively affects other users' ability to engage in real time
exchanges; |
j. |
interfere with or disrupt the Service or
servers or networks connected to the Service, or disobey any
requirements, procedures, policies or regulations of networks
connected to the Service; |
k. |
intentionally or unintentionally violate any
applicable local, state, national or international law, including,
but not limited to, regulations promulgated by the U.S. Securities
and Exchange Commission, any rules of any national or other
securities exchange, including, without limitation, the New York
Stock Exchange, the American Stock Exchange or the NASDAQ, and any
regulations having the force of law; |
l. |
"stalk" or otherwise harass another;
or |
m. |
collect or store personal data about other
users. |
Failure to comply with this provision may result in immediate
suspension or termination of your TIAS account.
3. Copyright: COPYRIGHT 1995-2001 ALL RIGHTS RESERVED. All
material on this site is protected by copyrights. Unauthorized copying,
reproduction, republishing, posting, or duplicating of any of the material
is prohibited. The TIAS site contains copyrighted material, trade secrets,
and other proprietary software and documentation. You may not decompile,
reverse engineer, disassemble, or otherwise reduce the software to a
human-perceivable form. You may not modify, rent, lease, loan, sell,
distribute, or create derivative works based on TIAS in whole or in part.
All rights, titles, and interests in downloaded software and/or
information are and shall remain the exclusive property of the stated
owners. You may not upload or reproduce in any way information protected
by copyright without obtaining permission of the copyright owner. Only
files that you own, public domain files, and files in which the author has
given expressed consent for on-line distribution, may be uploaded to TIAS
libraries. Failure to comply with this provision may result in immediate
suspension or termination of your TIAS account.
Submissions containing copyrighted material must designate all such
material with the copyright symbol "©". These entries
will remain owned by the party that submits them, and that party bears all
responsibility of maintaining such copyrighted material. TIAS shall not be
held responsible for users copying such material.
4. Submission Policy: Submissions made to TIAS will
become the property of TIAS. TIAS reserves the right to relocate
submissions, or place submissions in categories, edit submissions, or
exclude submissions.
5. Linked Sites: Linked Sites are for your convenience only and
you access them at your own risk. TIAS is not affiliated with such sites
and is not responsible for Linked Sites content.
Part B: General Provisions:
1. Termination: Service may be terminated by either
TIAS or the subscriber. Subscribers may terminate service by sending
written notice to TIAS using either electronic or conventional mail.
Termination will be effective on the day that TIAS receives the notice or
on the future date specified in the notice. TIAS may terminate any service
with at least 10 days advance notice.. If subscribers terminate a prepaid
account, subscribers forfeit any remaining balances on the prepaid
accounts. Subscribers are liable for any charges incurred by them until
termination. TIAS reserves the right to terminate service without notice
upon a breach of TIAS's terms and conditions or misuse of any kind.
2. Monitoring Accounts: TIAS does not monitor any subscriber's
account. However, TIAS, at its sole discretion, reserves the right to
review or edit any material or information submitted for display or placed
on TIAS server, with the exception of private electronic messages that
will be reviewed only if required to do so by law. TIAS may terminate
immediately the account of any subscriber who misuses any TIAS services.
3. Limitation of Liability: TIAS does not warrant that the
services or the information or programs contained on TIAS server will meet
your requirements or that the operations of TIAS server will be
uninterrupted or error-free; nor does TIAS make any warranty as to the
results obtained from the use of TIAS services.
UNDER NO CIRCUMSTANCES, INCLUDING TORT OR NEGLIGENCE, SHALL TIAS BE
LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES
THAT RESULT FROM THE USE OF OR INABILITY TO USE TIAS OR THAT RESULT FROM
MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS,
DELAYS IN OPERATIONS OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE
WHETHER OR NOT CAUSED BY EVENTS BEYOND TIAS'S REASONABLE CONTROL,
INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE,
THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO RECORDS, PROGRAMS, OR
SERVICES.
In no event shall TIAS's total liability for all damages, losses, and
causes of actions, whether in contract, tort, including negligence, or
otherwise exceed $1.
Warranty
1. Disclaimer of Warranties: YOU USE TIAS AT YOUR SOLE RISK.
THESE SERVICES ARE PROVIDED 'AS IS' AND WITHOUT WARRANTY OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO
ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY AN TIAS EMPLOYEE OR ITS AGENTS
SHALL CREATE A WARRANTY.
2. Indemnity: You shall hold TIAS harmless from any claims
and expenses, including reasonable attorneys' fees, related to your
violation of these terms and conditions.
3. Notices : TIAS notices to subscribers may be given by
means of electronic messages through the Internet, or by a general posting
on TIAS server. All notices to TIAS from subscribers should be made in
writing using this FORM
4. General Provisions: Should any of these terms and conditions
be held to be void, invalid, unenforceable, or illegal by a court, the
validity or enforceability of the other provisions shall not be affected
thereby. Additional terms and conditions may be specified as a
condition of use of certain of the TIAS features; you agree to review
these terms and conditions on a periodic basis.
Failure of either party to enforce any provision of these terms and
conditions shall not constitute or be construed as a waiver of such
provision or of the right to enforce such provision.
5. Miscellaneous: The agreement between TIAS and the subscribers
shall be governed by and construed in accordance with the laws of the
State of Delaware. These terms and conditions constitute the entire
agreement between the parties with respect to the use of TIAS services.
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