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Hampton
Roads Net Web Site Terms of Use
The
Hampton Roads Net Web site is comprised of various Web pages operated
by Hampton Roads Net. These Web pages will be collectively referred
to in this Agreement as "Hampton Roads Net." . You will
need to read this Agreement in its entirety to review the general
provisions of the Terms of Use.
Hampton Roads Net is offered to you conditioned on your acceptance
without modification of these Terms of Use. Your use of Hampton
Roads Net constitutes your agreement to these Terms of Use. Your
use of a particular Hampton Roads Net Web site included within,
or acceptance of a product, service or benefit obtained through
Hampton Roads Net constitutes your agreement to these Terms of Use.
If you do not have print capability or otherwise desire to obtain
a hard copy of these Terms of Use, please contact Hampton Roads
Net customer
service.
If any of the terms, conditions, and notices contained herein conflict
with the Additional Terms or other terms and guidelines contained
within or applicable to any particular Hampton Roads Net Web site,
service, product or benefit, then the applicable Additional Terms
shall control. You agree to familiarize yourself with the Terms
of Use, including any Additional Terms, and other terms and guidelines
found throughout Hampton Roads Net and abide by them if you choose
to use the site or accept the products, services, or benefits, to
which such terms apply.
Modification of These Terms of Use and Notices
Hampton Roads Net. reserves the right to change the Terms of Use,
and any Additional Terms at anytime, effective upon making the modified
provisions available on Hampton Roads Net. You are responsible for
regularly reviewing these terms and conditions. Continued use of
Hampton Roads Net after any such changes shall constitute your consent
to such changes. Hampton Roads Net does not and will not assume
any obligation to notify you of any changes to the Terms of Use,
or Additional Terms.
Acceptable Use Limitation
Your right to use the Hampton Roads Net is personal to you, and
your company. As a condition of your use of Hampton Roads Net ,
you express to Hampton Roads Net. that you will not use Hampton
Roads Net for any purpose that is unlawful, or prohibited by these
Terms of Use or any Additional Terms (that may be modified from
time to time). You may not modify, copy, distribute, transmit, display,
perform, reproduce, publish, license, create derivative works from,
transfer, or sell any information, software, products, services
or benefits obtained from the Hampton Roads Net site, except as
expressly provided herein.
In addition, you may not use the products or services provided through
or in connection with Hampton Roads Net to:
a. defame, abuse, harass, threaten or otherwise violate the legal
rights (such as rights of privacy and publicity) of others;
b. conduct or forward illegal contests, pyramid schemes, chain letters,
unsolicited or unauthorized advertising, promotional materials,
unsolicited e-mail or multi-level marketing campaigns;
c. publish, post, distribute, disseminate or link to any: (i) inappropriate,
profane, defamatory, infringing, obscene, adult content, nude, indecent
or unlawful topic, name, material or information; (ii) software
or other material protected by intellectual property laws, copyright
licenses, rights of privacy or publicity, or other proprietary rights,
unless you own, control such rights or have received all necessary
consents for your use of such software and other materials; (iii)
software or other material that contains viruses, corrupted files,
or that may or are intended to damage the operation of another's
computer;
d. sell, distribute, disseminate or link to any sites for marketing,
sales or distribution of: firearms, explosives, ammunition, liquor,
tobacco products, food that is not packaged or does not comply with
all applicable laws for sale to consumers by commercial merchants,
pharmaceuticals and controlled substances, counterfeit, pirated
or stolen goods, fraudulent goods, any goods or services that infringe
or otherwise violate a third party's rights, registered or unregistered
securities, goods or services that: (i) you cannot legally sell,
(ii) are misrepresented, or would cause Hampton Roads Net. to violate
any law, statute or regulation;
e. harvest or otherwise collect information about third parties,
including e-mail addresses, without the express consent of such
third parties;
f. restrict or inhibit any other user from using and enjoying its
rights in Hampton Roads Net, interfering with or disrupting the
Hampton Roads Net service or servers or networks connected to Hampton
Roads Net; or,
g. violate any applicable government laws or regulations.
The information provided by Hampton Roads Net. to you may be proprietary
in nature. You agree not to share any information provided to you
by or on behalf of Hampton Roads Net. with any third party. If you
sell or otherwise distribute goods or services that compete with
or may otherwise serve as a substitute for products or services
sold or otherwise distributed by Hampton Roads Net. via the Hampton
Roads Net or offered by Hampton Roads Net, you may not: (a) use
or acquire, or have any other person use or acquire on your behalf,
the products or services of Hampton Roads Net for which you offer
competing or substitute products or services; or (b) advertise,
promote, market or solicit offers to acquire such competing or substitute
products in connection with your use of Hampton Roads Net.
Hampton Roads Net. is not obligated to monitor the content on Hampton
Roads Net. However, with respect to the use of the products and
services offered on Hampton Roads Net, Hampton Roads Net. reserves
the right to disclose any information or materials as necessary
to satisfy any applicable law, regulation, legal process or government
request, or to edit, refuse to post or to remove any information
or materials, in whole or in part, from the Hampton Roads Net sites,
in Hampton Roads Net. sole discretion, without notice at any time.
Some products and services available through or in connection with
Hampton Roads Net require that you pay a fee. You hereby authorize
Hampton Roads Net. to charge your credit card in advance for all
applicable fees incurred by you or on your behalf in connection
with your use of Hampton Roads Net product or service you have chosen
to use. You shall be solely responsible for all charges, fees, duties,
taxes, and assessments arising out of your use of Hampton Roads
Net. Hampton Roads Net. reserves the right to modify the fees charged
for Hampton Roads Net products and services from time to time, provided
that such modifications shall not take effect earlier than thirty
(30) days after Hampton Roads Net. posts such modifications on the
Hampton Roads Net Web site. Amounts not paid by you to Hampton Roads
Net. when due, may bear interest at the lesser of (a) one and one-half
percent (1.5%) per month, and (b) the maximum rate permitted by
applicable law. If you notify Hampton Roads Net. in writing that
you are terminating this Agreement, fees pre-paid by you to Hampton
Roads Net. for Hampton Roads Net products or services will be credited
back to your applicable credit card on a pro-rated basis (except
to the extent such termination is due to your breach of this Agreement)
within forty-five (45) days after receipt of your notice of termination.
Hampton Roads Net. is not required to refund directly to you any
amounts paid hereunder. It is your responsibility to notify Hampton
Roads Net if your credit card has expired and to make changes.
Links within Hampton Roads Net may let you leave Hampton Roads Net.
You acknowledge that the linked sites are not under the control
of Hampton Roads Net. and that Hampton Roads Net. is not responsible
for the contents or operation of such linked sites or any link contained
in such linked site, or any changes or updates to such sites. Hampton
Roads Net. is not responsible for any form of transmission received
from any linked site. Hampton Roads Net. is providing these links
to you only as a convenience, and the inclusion of any link does
not imply endorsement by Hampton Roads Net. of the linked site or
any association with their operators.
Hampton Roads Net may contain chat areas, forums, communities, personal
and business web pages, electronic mail postings and/or other messages
or communication facilities designed to enable you to communicate
with the public at large or with a group (collectively, "Communications"
) You agree to use Communications only to post, send and receive
messages and material that are proper and related to the particular
Communication, and to comply with all applicable laws and these
Terms of Use. In addition to above acceptable use limitations, you
agree that when using Communications, you will not:
" Advertise or offer to sell or buy any goods or services,
unless such Communication specifically allows such messages;
" Falsify, delete or alter any material, author attributions,
legal or other proper notices or proprietary designations or labels
of the origin or source of material contained in a file that is
uploaded via the Communications;
" Restrict or inhibit any other user from using and enjoying
its rights in the Communication;
" Violate any code of conduct or other guidelines that may
be applicable for any particular Communication;
" Harvest or otherwise collect information about others, including
e-mail addresses, without their express consent;
" Link the Communication to any unsolicited communication sent
to any third party, or otherwise use or mention the Communications
in connection with any such unsolicited communication; or,
" Violate any applicable laws or regulations.
Hampton Roads Net. reserves the right, but is not obligated, to
review materials posted to a Communication Service and to remove
any such materials in its sole discretion, without notice at any
time. In addition, Hampton Roads Net. reserves the right to terminate
your access to any or all of the Communications at any time without
notice for any reason whatsoever. Furthermore, Hampton Roads Net
reserves the right to terminate or change any Communication Service
at anytime.
Hampton Roads Net. is not obligated to monitor the Communications.
However, with respect to the use of the Communication Service, Hampton
Roads Net. reserves the right to disclose any information or materials
as necessary to satisfy any applicable law, regulation, legal process
or governmental request, or to edit, refuse to post or to remove
any information or materials, in whole or in part, from Communications
in Hampton Roads Net.'s sole discretion.
You acknowledge that Communications are public and not private communications,
therefore your communications may be read by others without your
knowledge. Always use caution when giving out any personally identifying
information about yourself or others in any Communication. Hampton
Roads Net. does not control or endorse the content, messages or
information found in any Communication Service and, therefore, Hampton
Roads Net. specifically disclaims any liability with regard to the
Communications and any actions resulting from your participation
in any Communication Service. Forum managers and hosts of the Communications
are not authorized Hampton Roads Net. agents or spokespersons, are
not able to bind Hampton Roads Net., nor do their views necessarily
reflect those of Hampton Roads Net.
Materials uploaded to a Communication Service may be subject to
posted limitations on usage, reproduction and/or dissemination,
and you are responsible for adhering to such limitations if you
download the materials.
Hampton Roads Net. does not claim ownership of the materials you
provide to Hampton Roads Net. (including feedback and suggestions)
or post, upload, input or submit in connection with your use of
Hampton Roads Net or any web site ("Your Web Site") created
by you or on your behalf in connection with the use of Hampton Roads
Net. However, you grant Hampton Roads Net. a royalty-free license
to use (including, without limitation, the rights to: copy, distribute,
transmit, publicly display, publicly perform, reproduce, edit, translate,
sublicense and reformat your Submission, and to publish your name
in connection with your Submission) your Submission only in connection
with the operation and promotion of Hampton Roads Net. You also
grant Hampton Roads Net. the right to publish your name in connection
with any such communication. No compensation will be paid or due
you with respect to Hampton Roads Net.'s or its sub licensee's use
of the materials as licensed above. Hampton Roads Net. is under
no obligation to post or use any materials you may provide, and
may remove such materials at any time in Hampton Roads Net.'s sole
discretion. By posting messages, uploading files, inputting data,
submitting any feedback or suggestions, or engaging in any other
form of communication with or through any Hampton Roads Net Web
Site, you warrant and represent that you own or otherwise control
the rights necessary to do so and to grant Hampton Roads Net. the
license set forth above, and you will defend and indemnify Hampton
Roads Net. and its suppliers from any third party claim related
to a breach of any of the foregoing representations or warranties.
The information, software, products, services and other material
included in or available through the Hampton Roads Net may not be
complete, and may include inaccuracies or errors, and may also be
modified or deleted from time to time. Advice, information, products,
services or other materials received via Hampton Roads Net should
not be relied upon for personal, medical, legal, business, financial
or other decisions and is not intended to replace the advice of
appropriate and qualified professionals. You acknowledge that you
should consult an appropriate professional for specific advice tailored
to your situation. Your use of Hampton Roads Net, and products and
services of Hampton Roads Net, is at your own risk. Hampton Roads
Net., and its members and sponsors, will not be liable for any damage,
loss or disclosure of information, data, revenue, accounts or business
that occurs in connection with your use of Hampton Roads Net, or
such products or services. Hampton Roads Net makes no guarantees
of any kind regarding the dependability, accuracy, security, timeliness
or availability of Hampton Roads Net, or such products or services.
Without limiting the foregoing, Hampton Roads Net. MAKES NO REPRESENTATIONS
OR WARRANTIES ABOUT THE CONDITION, SUITABILITY, RELIABILITY, AVAILABILITY,
COMPLETENESS, SECURITY, TIMELINESS, OR ACCURACY OF THE INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND MATERIALS CONTAINED IN Hampton
Roads Net FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY
OF ANY KIND. Hampton Roads Net. AND/OR ITS RESPECTIVE SUPPLIERS
HEREBY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS,
EXPRESS OR IMPLIED, WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS,
SERVICES OR MATERIALS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT.
IN NO EVENT SHALL Hampton Roads Net BE LIABLE FOR ANY DIRECT, INDIRECT,
PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES
OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES
FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED
WITH THE USE OR PERFORMANCE OF Hampton Roads Net OR RELATED SERVICES,
WITH THE DELAY OR INABILITY TO USE Hampton Roads Net OR RELATED
SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR
ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
OBTAINED THROUGH Hampton Roads Net , OR OTHERWISE ARISING OUT OF
THE USE OF Hampton Roads Net, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE,
STRICT LIABILITY OR OTHERWISE, EVEN IF Hampton Roads Net. OR ANY
OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED
WITH ANY PORTION OF Hampton Roads Net, OR WITH ANY OF THESE TERMS
OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING Hampton
Roads Net AND ITS RELATED SERVICES.
You agree to defend, indemnify and hold Hampton Roads Net. harmless
from and against any and all claims, losses, liability costs and
expenses (including but not limited to attorneys' fees) arising
from your violation of these Terms of Use (including, without limitation,
violation of applicable Additional Terms of Use), or any third-party's
rights, (including, without limitation, infringement of any copyright,
violation of any proprietary right and invasion of any privacy rights).
These obligations will survive any termination of your relationship
with Hampton Roads Net. or your use of Hampton Roads Net.
Hampton Roads Net. reserves the right to deny in its sole discretion
any user access to Hampton Roads Net or any portion thereof without
notice. You are responsible for safeguarding the confidentiality
of your password(s) and user name(s) issued to you by Hampton Roads
Net. and for any use or misuse of your account or Hampton Roads
Net resulting from any third party using a password or user name
issued to you.
Hampton Roads Net. may terminate this Agreement and your access
to Hampton Roads Net (in whole or in part) at any time, with or
without cause, and with or without notice. Anyone determined by
Hampton Roads Net. to have violated these Terms of Use or any Additional
Terms may be barred from using Hampton Roads Net, or from receiving
any products, services or benefits from Hampton Roads Net.
This Agreement is governed by the laws of the State of Virginia,
U.S.A. You hereby consent to the jurisdiction of and venue in courts
located in York County, Virginia, U.S.A. in all disputes arising
out of or relating to the use of Hampton Roads Net. In addition,
you hereby consent to the exclusive jurisdiction of and venue in
such courts for any action commenced by you against Hampton Roads
Net. Use of Hampton Roads Net is unauthorized in any jurisdiction
that does not give effect to all provisions of these terms and conditions,
including without limitation this paragraph. You agree that no joint
venture, partnership, employment, or agency relationship exists
between you and Hampton Roads Net. as a result of this Agreement
or use of Hampton Roads Net. Hampton Roads Net.'s performance of
this agreement is subject to existing laws and legal process, and
nothing contained in this agreement is in derogation of Hampton
Roads Net.'s right to comply with governmental, court and law enforcement
requests or requirements relating to your use of Hampton Roads Net
or information provided to or gathered by Hampton Roads Net. with
respect to such use. If any part of this Agreement is determined
to be invalid or unenforceable pursuant to applicable law including,
but not limited to, the warranty disclaimers and liability limitations
set forth above, then the invalid or unenforceable provision will
be deemed superseded by a valid, enforceable provision that most
closely matches the intent of the original provision and the remainder
of the Agreement shall continue in effect. Unless otherwise specified
herein, this Agreement constitutes the entire agreement between
the user and Hampton Roads Net. with respect to Hampton Roads Net
and it supersedes all prior communications and proposals, whether
electronic, oral or written, between the user and Hampton Roads
Net. with respect to Hampton Roads Net. A printed version of this
Agreement and of any notice given in electronic form shall be admissible
in judicial or administrative proceedings based upon or relating
to this Agreement to the same extent and subject to the same conditions
as other business documents and records originally generated and
maintained in printed form. You may not rent, lease, license, grant
a security interest in, or otherwise transfer or sublicense your
rights hereunder to any third party.
Copyright and Trademark Notices
All contents of Hampton Roads Net are: Copyright (c) 2000 - 2003
Hampton Roads Net,
1619 Waterview Road, Yorktown, VA 23692 U.S.A. All rights reserved.
For Information Regarding the Hampton Roads Net Privacy Policy See
our Privacy Policy
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