1. ACCEPTANCE OF TERMS
Welcome to CNXN.com! CNXN.com provides its service to you,
subject to the following Terms of Service ("TOS"), which may
be updated without notice. In addition, when using particular
CNXN.com services, you and CNXN.com shall be subject to any
posted guidelines or rules applicable to such services which
may be posted from time to time. CNXN.com also may offer other
services from time to time that are governed by different
Terms of Services.
2. DESCRIPTION OF SERVICE
CNXN.com currently provides users with access to a rich
collection of resources, including, various communications
tools, forums through the website. You understand and agree
that the Service may include advertisements and that these
advertisements are necessary for CNXN.com to provide the
Service. Unless explicitly stated otherwise, any new features
that augment or enhance the current Service, including the
release of new CNXN.com properties, shall be subject to the
TOS. You understand and agree that the Service is provided
"AS-IS" and that CNXN.com assumes no responsibility for the
timeliness, deletion, mis-delivery or failure to store any
user communications or personalization settings.
You are responsible for obtaining access to the Service and
that access may involve third party fees (such as Internet
service provider or airtime charges). You are responsible for
those fees, including those fees associated with the display
or delivery of advertisements. In addition, you must provide
and are responsible for all equipment necessary to access the
Service.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to:
(a) provide true, accurate, current and complete information
about yourself as prompted by the Service's registration form
(such information being the "Registration Data") and (b)
maintain and promptly update the Registration Data to keep it
true, accurate, current and complete. If you provide any
information that is untrue, inaccurate, not current or
incomplete, or CNXN.com has reasonable grounds to suspect that
such information is untrue, inaccurate, not current or
incomplete, CNXN.com has the right to suspend or terminate
your account and refuse any and all current or future use of
the Service (or any portion thereof). CNXN.com is concerned
about the safety and privacy of all its users.
4. CNXN.COM PRIVACY POLICY
Registration Data and certain other information about you
is subject to our Privacy Policy. For more information, see
our full privacy policy.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon
completing the Service's registration process. You are
responsible for maintaining the confidentiality of the
password and account, and are fully responsible for all
activities that occur under your password or account. You
agree to (a) immediately notify CNXN.com of any unauthorized
use of your password or account or any other breach of
security, and (b) ensure that you exit from your account at
the end of each session. CNXN.com cannot and will not be
liable for any loss or damage arising from your failure to
comply with this Section 5.
6. MEMBER CONDUCT
You understand that all information of any format whether
data, text, graphics, video, messages or other materials
("Content"), whether publicly posted or privately transmitted,
are the sole responsibility of the person from which such
Content originated. This means that you, and not CNXN.com, are
entirely responsible for all Content that you upload, post,
email, transmit or otherwise make available via the Service.
Although CNXN.com reviews the Content posted via the Service
and it does not guarantee the accuracy, integrity or quality
of such Content. You understand that by using the Service, you
agree exercise judgement when using any content made available
throught CNXN.com and you acknowledge possible inaccuracies,
ommissions. Under no circumstances will CNXN.com be liable in
any way for any Content, including, but not limited to, for
any errors or omissions in any Content, or for any loss or
damage of any kind incurred as a result of the use of any
Content posted, emailed, transmitted or otherwise made
available via the Service.
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 CNXN.com 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 jobs
posting) 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. |
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; |
j. |
intentionally or unintentionally violate any
applicable local, state, national or international
law. |
k. |
"stalk" or otherwise harass another; or |
l. |
collect or store personal data about other
users. |
You acknowledge that CNXN.com does have the right (but not
the obligation) in their sole discretion to refuse or move any
Content that is available via the Service. Without limiting
the foregoing, CNXN.com and its designees shall have the right
to remove any Content that violates the TOS or is otherwise
objectionable. You agree that you must evaluate, and bear all
risks associated with, the use of any Content, including any
reliance on the accuracy, completeness, or usefulness of such
Content.
You acknowledge and agree that CNXN.com may preserve
Content and may also disclose Content if required to do so by
law or in the good faith belief that such preservation or
disclosure is reasonably necessary to: (a) comply with legal
process; (b) enforce the TOS; (c) respond to claims that any
Content violates the rights of third-parties; or (d) protect
the rights, property, or personal safety of CNXN.com, its
users and the public.
You understand that the technical processing and
transmission of the Service, including your Content, may
involve (a) transmissions over various networks; and (b)
changes to conform and adapt to technical requirements of
connecting networks or devices.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to
comply with all local rules regarding online conduct and
acceptable Content. Specifically, you agree to comply with all
applicable laws regarding the transmission of technical data
exported from the country in which you reside.
8. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE
SERVICE
CNXN.com does not claim ownership of Content you submit or
make available for inclusion on the Service. However, with
respect to Content you submit or make available for inclusion
on publicly accessible areas of the Service, you grant
CNXN.com the following world-wide, royalty free and
non-exclusive license(s), as applicable:
- With respect to Content you submit or make available for
inclusion on publicly accessible areas of CNXN.com, the
license to use, distribute, reproduce, modify, adapt,
publicly perform and publicly display such Content on the
Service . This license exists only for as long as you elect
to continue to include such Content on the Service and will
terminate at the time you remove or CNXN.com removes such
Content from the Service.
- With respect to photos, graphics, audio or video you
submit or make available for inclusion on publicly
accessible area of the Service, the license to use,
distribute, reproduce, modify, adapt, publicly perform and
publicly display such Content on the Service solely for the
purpose for which such Content was submitted or made
available. This license exists only for as long as you elect
to continue to include such Content on the Service and will
terminate at the time you remove or CNXN.com removes such
Content from the Service.
- With respect to Content other than photos, graphics,
audio or video you submit or make available for inclusion on
publicly accessible areas of the Service, the perpetual,
irrevocable and fully sublicensable license to use,
distribute, reproduce, modify, adapt, publish, translate,
publicly perform and publicly display such Content (in whole
or in part) and to incorporate such Content into other works
in any format or medium now known or later developed.
"Publicly accessible" areas of the Service are those areas
of the CNXN.com network of properties that are intended by
CNXN.com to be available to the general public. By way of
example, publicly accessible areas of the Service would
include CNXN.com library and a major part of CNXN.com forums
that are open to both members and visitors.
9. INDEMNITY
You agree to indemnify and hold CNXN.com, and its
subsidiaries, affiliates, officers, sales and other agents,
co-branders or other partners, and employees, harmless from
any claim or demand, including reasonable attorneys' fees,
made by any third party due to or arising out of Content you
submit, post, transmit or make available through the Service,
your use of the Service, your connection to the Service, your
violation of the TOS, or your violation of any rights of
another.
10. RESALE OF SERVICE
Unless expressly authorized you agree not to reproduce,
duplicate, copy, sell, resell or exploit for any commercial
purposes, any portion of the Service, use of the Service, or
access to the Service. If you are expressly authorized by
CNXN.com to sell the whole or any part of service, you agree
abide by the remainder of the Terms of Service. In particular,
you agree to abide by the member conduct, as stated above,
when engaging in any transactions on behalf of CNXN.com and to
take care not to disrupt the service provided by CNXN.com to
its members.
11. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that CNXN.com may establish general
practices and limits concerning use of the Service, including
without limitation the maximum number of days that articles,
forum postings or other uploaded Content will be retained by
the Service, the maximum number of email messages that may be
sent from or received by an account on the Service, the
maximum size of any content that may be sent from or received
by an account on the Service, the maximum disk space that will
be allotted on CNXN.com's servers on your behalf, and the
maximum number of times (and the maximum duration for which)
you may access the Service in a given period of time. You
agree that CNXN.com has no responsibility or liability for the
deletion or failure to store any content and other
communications or other Content maintained or transmitted by
the Service. You acknowledge that CNXN.com reserves the right
to log off accounts that are inactive for an extended period
of time. You further acknowledge that CNXN.com reserves the
right to change these general practices and limits at any
time, in its sole discretion, with or without notice.
12. MODIFICATIONS TO SERVICE
CNXN.com reserves the right at any time and from time to
time to modify or discontinue, temporarily or permanently, the
Service (or any part thereof) with or without notice. You
agree that CNXN.com shall not be liable to you or to any third
party for any modification, suspension or discontinuance of
the Service.
13. TERMINATION
You agree that CNXN.com, in its sole discretion, may
terminate your password, account (or any part thereof) or use
of the Service, and remove and discard any Content within the
Service, for any reason, including, without limitation, for
lack of use or if CNXN.com believes that you have violated or
acted inconsistently with the letter or spirit of the TOS.
CNXN.com may also in its sole discretion and at any time
discontinue providing the Service, or any part thereof, with
or without notice. You agree that any termination of your
access to the Service under any provision of this TOS may be
effected without prior notice, and acknowledge and agree that
CNXN.com may immediately deactivate or delete your account and
all related information and files in your account and/or bar
any further access to such files or the Service. Further, you
agree that CNXN.com shall not be liable to you or any
third-party for any termination of your access to the Service.
14. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or
participation in promotions of, advertisers found on or
through the Service, including payment and delivery of related
goods or services, and any other terms, conditions, warranties
or representations associated with such dealings, are solely
between you and such advertiser. You agree that CNXN.com shall
not be responsible or liable for any loss or damage of any
sort incurred as the result of any such dealings or as the
result of the presence of such advertisers on the Service.
15. LINKS
The Service may provide, or third parties may provide,
links to other World Wide Web sites or resources. Because
CNXN.com has no control over such sites and resources, you
acknowledge and agree that CNXN.com is not responsible for the
availability of such external sites or resources, and does not
endorse and is not responsible or liable for any Content,
advertising, products, or other materials on or available from
such sites or resources. You further acknowledge and agree
that CNXN.com shall not be responsible or liable, directly or
indirectly, for any damage or loss caused or alleged to be
caused by or in connection with use of or reliance on any such
Content, goods or services available on or through any such
site or resource.
16. CNXN.COM'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any
necessary software used in connection with the Service
("Software") contain proprietary and confidential information
that is protected by applicable intellectual property and
other laws. You further acknowledge and agree that Content
contained in sponsor advertisements or information presented
to you through the Service or advertisers is protected by
copyrights, trademarks, service marks, patents or other
proprietary rights and laws. Except as expressly authorized by
CNXN.com or advertisers, you agree not to modify, rent, lease,
loan, sell, distribute or create derivative works based on the
Service or the Software, in whole or in part.
17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. |
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE
SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS. CNXN.COM AND OBJECT REFERENCE INC. EXPRESSLY
DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT. |
b. |
CNXN.COM AND OBJECT REFERENCE INC. MAKE NO WARRANTY
THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii)
THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM
THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE,
(iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION,
OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH
THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY
ERRORS IN THE SOFTWARE WILL BE CORRECTED. |
c. |
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN
DISCRETION AND RISK AND THAT YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR
LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH
MATERIAL. |
d. |
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM CNXN.COM AND OBJECT REFERENCE INC.
OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY
NOT EXPRESSLY STATED IN THE TOS. |
18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CNXN.COM AND OBJECT
REFERENCE INC. SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF
CNXN.COM AND OBJECT REFERENCE INC. HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR
THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT
OF ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR
OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO
THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR
CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER
MATTER RELATING TO THE SERVICE.
19. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE
ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
20. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL
MATTERS
If you intend to create or join any service, receive or
request any news, messages, alerts or other information
relating to financial matters please read the above Sections
17 and 18 again. They go doubly for you. The Service is
provided for informational purposes only
21. NOTICE
Notices to you may be made via either email or regular
mail. The Service may also provide notices of changes to the
TOS or other matters by displaying notices or links to notices
to you generally on the Service.
22. COPYRIGHT INFORMATION
CNXN.com, the CNXN.com logo, are pending trademarks of
CNXN.com. Without CNXN.com's prior permission, you agree not
to display or use in any manner, the CNXN.com Marks.
23. COPYRIGHTS and COPYRIGHT AGENTS
CNXN.com respects the intellectual property of others, and
we ask our users to do the same. If you believe that your work
has been copied in a way that constitutes copyright
infringement, or your intellectual property rights have been
otherwise violated, please provide CNXN.com's Copyright Agent
the following information:
- an electronic or physical signature of the person
authorized to act on behalf of the owner of the copyright or
other intellectual property interest;
- a description of the copyrighted work or other
intellectual property that you claim has been infringed;
- a description of where the material that you claim is
infringing is located on the site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief
that the disputed use is not authorized by the copyright
owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that
the above information in your Notice is accurate and that
you are the copyright or intellectual property owner or
authorized to act on the copyright or intellectual property
owner's behalf.
CNXN.com's Agent for Notice
of claims of copyright or other intellectual property
infringement can be reached by email: info@cnxn.com
24. GENERAL INFORMATION
The TOS constitute the entire agreement between you and
CNXN.com and govern your use of the Service, superceding any
prior agreements between you and CNXN.com. You also may be
subject to additional terms and conditions that may apply when
you use affiliate services, third-party content or third-party
software. The TOS and the relationship between you and
CNXN.com shall be governed by the laws of the State of
Delaware without regard to its conflict of law provisions. You
and CNXN.com agree to submit to the personal and exclusive
jurisdiction of the courts located within the state of
Delaware. The failure of CNXN.com to exercise or enforce any
right or provision of the TOS shall not constitute a waiver of
such right or provision. If any provision of the TOS is found
by a court of competent jurisdiction to be invalid, the
parties nevertheless agree that the court should endeavor to
give effect to the parties' intentions as reflected in the
provision, and the other provisions of the TOS remain in full
force and effect. You agree that regardless of any statute or
law to the contrary, any claim or cause of action arising out
of or related to use of the Service or the TOS must be filed
within one (1) year after such claim or cause of action arose
or be forever barred.
The section titles in the TOS are for convenience only and
have no legal or contractual effect.
25.
VIOLATIONS
Please report any violations of the TOS to our info@cnxn.com
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