Please read this legal information on The ASCII Group Inc.’s Web Site’s User Agreement
Welcome to The ASCII Group, Inc. Web site (the “Site”). This Agreement governs your access to the valuable information and services available through the Site.
By using the Site, you indicate that you understand and intend this Agreement to be the legal equivalent of a signed, written contract, and equally binding, and that you will use the Site in a manner consistent with applicable laws and regulations and in accordance with the terms in this Agreement, as the same may be amended by The ASCII Group, Inc., online or otherwise, from time to time. This Agreement applies to information, services, products, as well as bulletin boards, chat rooms, forums or other message or communication facilities (“forums”), available now or in the future through the Site. If you do not agree with the terms in this Agreement, please exit now. If you continue, your actions signify an agreement to these terms.
1. Grant of License — This Agreement provides you with a personal, revocable, non-exclusive, non-transferable license to use the Site, conditioned on your continued compliance with the terms in this Agreement.
2. Term and Termination — This Agreement will take effect at the time you commence use of the Site. Either party may terminate this Agreement at any time and for any reason by written or electronic notice to the other party. The ASCII Group, Inc. reserves the right at any time to deny your access to the Site or any portion thereof and to terminate this Agreement.
3. Password/Username — You will be responsible for the confidentiality and use of your user name, sign-on password and user I.D. if required, and any access number or additional passwords required to use the Site or portions of the Site. You will choose a user name that contains your given name, and you will not impersonate any other person or entity by posting communications using a false or misleading user name or otherwise attempting to participate in an anonymous manner. You will be solely responsible for all communications entered through the Site using your user name, sign-on password, and user I.D. As a condition of using the Site, you will immediately notify The ASCII Group, Inc. if you become aware of any loss or theft of your sign-on password or user I.D. or any unauthorized use of your sign-on password, user I.D., user name, or of the Site.
4. Postings — To the extent that the Site contains forums, you agree that by using the Site you will not post or transmit any of the following materials on the Site’s forums: Statements or material that defames, harasses, abuses, stalks, threatens, or in any way infringes on the rights of others. Unauthorized copyrighted material or any other material that infringes on the intellectual property rights or privacy of another. Statements or materials that are bigoted, hateful, or racially offensive. Statements or material that encourages criminal conduct or that would give rise to civil liability or otherwise violate any law in any jurisdiction or sovereign state, including but not limited to computer law or regulation. Statements that constitute anti-competitive collaboration and/or antitrust violations under U.S. or foreign law. Statements or materials that contain vulgar, obscene, profane, or otherwise objectionable language or images that typically would not be considered socially or professionally responsible or appropriate in person. Chain letters or pyramid schemes. Statements or material that are “off-topic” for a designated forum. Statements or material that solicit or encourage users to become affiliated or do business with competitors of The ASCII Group, Inc.. Files that contain malicious code, viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or the internet in general.
5. No Pre-Screening of Postings — The ASCII Group, Inc. is not responsible for screening, policing, editing, or monitoring user content posted to Site forums, and The ASCII Group, Inc. is not a publisher of such postings. Nevertheless, The ASCII Group, Inc. reserves the right to delete or take other action with respect to postings that The ASCII Group, Inc. determines violate the terms of this Agreement. Users who violate these terms may, in The ASCII Group, Inc.’s discretion, receive a warning from The ASCII Group, Inc. or be terminated from the Site without warning. If you become aware of postings that violate these rules, you may contact The ASCII Group, Inc. by using the “contact The ASCII Group, Inc.” link located prominently on the bottom of certain Site screens.
6. No Endorsement of Postings — You must use your best judgment and reasonable caution in evaluating all user or third-party postings or other content (including information and opinions posted by others to forums) on the Site. The ASCII Group, Inc. does not endorse, oppose, or edit any opinion expressed by a user, with the exception of removing temporarily or deleting what appears to be potentially unlawful content or content otherwise prohibited under this Agreement. The ASCII Group, Inc. does not make any representation with respect to, nor does it endorse the accuracy, completeness, timeliness, or reliability of, any advice, opinion, statement, or other material displayed, uploaded, or distributed by any user of, or third-party contributing materials to, the Site. The ASCII Group, Inc. expressly disclaims all responsibility and liability for such materials. The lock of enforcement does not constitute approval in any way of any violator enumerated herein and The ASCII Group, Inc. is not estopped nor consents in any way to any breach of any close in this Agreement.
7. Permission to use Your Postings — By submitting content to a forum, you automatically grant The ASCII Group, Inc. the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, redistribute, transmit, perform and display such content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content. Notwithstanding this right and license, it is understood that by merely permitting your posting to appear on a Site forum as intended by you and unedited by The ASCII Group, Inc., The ASCII Group, Inc. has not become and is not a publisher of such posting. Further, The ASCII Group, Inc. is free to use any ideas, concepts, know-how, techniques, and suggestions contained in any communications you send to this Site for any purpose whatsoever, including but not limited to creating, manufacturing, and marketing products and/or services using such information.
8. Communications on Internet & Events Beyond The ASCII Group, Inc.’s Control Use of the Internet is solely at your own risk and is subject to all applicable local, state, national, and international laws and regulations. While The ASCII Group, Inc. has endeavored to create a secure and reliable Web site, The ASCII Group, Inc. and its affiliates are not responsible for the security of information transmitted via the Internet, the accuracy of the information contained on the Site, or for the consequences of any reliance on such information. You must make your own determination as to these matters. Material on the Site may also contain technical inaccuracies or typographical errors, and may be changed or updated without notice; The ASCII Group, Inc. will not be liable or responsible for any such inaccuracies, errors, changes, or updates. The ASCII Group, Inc. and its affiliates will also not be liable for any loss resulting from a cause over which they do not have direct control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, terrorist activities or governmental restrictions.
9. Transactions with Third Parties — This Site allows or may allow you to purchase products and services directly from third party vendors (“Third Party Vendors”). The ASCII Group, Inc. is not a party to any transaction between you and any Third Party Vendor. By using the Site, you acknowledge and agree that The ASCII Group, Inc. and its affiliates shall have no liability for any cost, damage or harm arising directly or indirectly from (i) any products or services ordered through the Site (including, without limitation, delivery or failure to deliver, quality, performance, compatibility, and suitability for a particular purpose), and (ii) any action or inaction of any Third Party Vendor. The ASCII Group, Inc. makes no warranties or representations whatsoever regarding any product or service provided or offered by any Third Party Vendor and you acknowledge that any reliance on representations and warranties provided by any Third Party Vendor shall be at your own risk. The ASCII Group, Inc. expressly disclaims all representations and warranties regarding goods or services you obtain from third party vendors and you agree to look solely to such third party vendors for all claims regarding such goods and services.
10. Payments to Third Parties — Payment for products and services offered by Third Party Vendors on this Site can be made either via the Internet (either by transmitting credit card information via the Internet and/or electronic funds transfer), or by other “conventional” methods. You agree that The ASCII Group, Inc. cannot guarantee that any form of payment via the Internet is secure or that a third party will not be able to access or intercept such payment information. If you have concerns about payment via the Internet, you should use an alternative means of payment. You acknowledge and agree that The ASCII Group, Inc. will have no liability for failure of any electronic payment system offered at or through the Site.
11. Third Party Content — Certain materials from Third Party Vendors and independent information providers (“IIPs”) including but not limited to product information, product reviews, price quotes, news, data, research, analysis, and opinions, may be made available as part of the Site or through links from the Site. As a general matter, the Third Party Vendors and IIPs have obtained such information from sources believed by them to be reliable. The ASCII Group, Inc. makes no representation with respect to, nor does it guarantee or endorse the accuracy, completeness, timeliness, reliability, or correct sequencing of, such Third Party Vendor or IIP content. Likewise, The ASCII Group, Inc. does not endorse, oppose, or edit any opinion or analysis expressed by a Third Party Vendor or an IIP. The ASCII Group, Inc. expressly disclaims responsibility and liability for Third Party Vendor and IIP provided materials.
12. No Advice — Any recommendations or advice regarding the merits of particular companies, products, or services advertised and/or available through the Site are provided by third parties, not The ASCII Group, Inc. As a neutral industry Web site, The ASCII Group, Inc. does not recommend or endorse any particular company, manufacturer, IT Solutions Provider, distributor, product, or service. Nor does The ASCII Group, Inc. offer through the Site advice regarding the quality or suitability of any particular computer hardware or software solution. Reliance on content or information obtained from the Site is at your sole risk.
13. Links to other Sites — The ASCII Group, Inc. may provide links to other sites on the World Wide Web for your convenience in locating computer-related and other information and services. These sites are maintained by third parties over which The ASCII Group, Inc. exercises no control, and accordingly The ASCII Group, Inc. expressly disclaims any responsibility for the content, the accuracy of the information, and/or quality of products or services provided by or advertised on these third-party Web sites. The ASCII Group, Inc. has not reviewed all sites linked to this Site and is not responsible for the contents of any off-site pages or any other sites linked to the Site.
14. Limitation of liability and warranty — Use of the site is entirely at your own risk. Neither The ASCII Group, Inc. nor its affiliates is responsible for the consequences of reliance on any information contained in or submitted to the site, and the risk of injury from the foregoing rests entirely with you. The ASCII Group, Inc. expressly disclaims all representations and warranties regarding goods or services you obtain from third party vendors and you agree to look solely to such third party vendors for all claims regarding such goods and services. The site is provided “as is,” without warranty of any kind, either express or implied, including without limitation: (1) any warranties concerning the availability, accuracy or content of information, products, services or results; and (2) any warranties of title or warranties of merchantability or fitness for a particular purpose, unless such warranties are legally incapable of exclusion. Neither The ASCII Group, Inc. nor its affiliates nor any of their employees, agents, directors, employees, proprietors, partners, representatives, shareholders, servants, attorneys, predecessors, successors and assigns will be liable for any direct, indirect, incidental, special, or consequential damages (including but not limited to lost profits, and damages that result from inconvenience, delay, or loss of the use of the service) arising out of use of the site, the information contained on the site, or transactions conducted at the site, even if The ASCII Group, Inc. has been advised of the possibility of such damages or losses. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation or exclusion may not apply to you. You hereby acknowledge that the provisions of this section will apply to all content and information contained in the site and all transactions conducted at the site.
15. Intellectual Property Rights — All material contained in the Site is protected by law, including but not limited to United States copyright, trade secret, and trademark law, as well as other state, national, and international laws and regulations. The contents of and all materials distributed in conjunction with the Site, including documentation, are copyright © 1999-2005 The ASCII Group, Inc., Inc. and/or its suppliers. All rights reserved. The ASCII Group, Inc. owns a copyright in the Site as a collective work and/or compilation, and in the selection, coordination, arrangement, and enhancement of such content. You agree not to copy, modify, adapt, reproduce, translate, distribute, transmit, reverse engineer, decompile, or dissemble any aspect of the Site, with the following exception: You may display, print, and store one electronic copy of content provided by The ASCII Group, Inc. for your personal use. You may not, without The ASCII Group, Inc.’s written permission, “mirror” any material contained on this Site on any other server. Materials provided by Third Party Vendors and IIPs may have additional restrictions that govern use of such materials, and by your use of such materials you will be deemed to have agreed to such additional restrictions. The ASCII Group, Inc., IT Locator.com, The Computer Industry Marketspace and other names, logos, and icons identifying The ASCII Group, Inc.’s products and services are proprietary marks of The ASCII Group, Inc., Inc; all other trademarks and service marks are owned by third parties. Unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, trade secret laws, the laws of privacy and publicity, and communications regulations and statutes. Please be aware that The ASCII Group, Inc. actively and aggressively enforces its intellectual property rights to the fullest extent of the law.
16. Indemnity — You agree to defend and indemnify The ASCII Group, Inc. and its affiliates and all of their employees, agents, directors, officers, employees, proprietors, partners, representatives, shareholders, servants, attorneys, predecessors, successors, and assigns, and hold them harmless from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses), relating to or arising from your use of the Site and any breach by you of this Agreement.
17. Security of Site — Actual or attempted unauthorized use of the Site may result in criminal and/or civil prosecution. For your protection, The ASCII Group, Inc. reserves the right to view, monitor, and record activity on the Site without notice or permission from you. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations including the F.B.I. in connection with investigation or prosecution of possible criminal activity on the Site. The ASCII Group, Inc. will also comply with all court orders involving requests for such information.
18. Export Restrictions — You will not export or re-export any product or service to any country, person, entity, or end user subject to U.S. export restrictions. You warrant and represent that neither the U.S. Bureau of Export Administration nor any other federal agency has suspended, revoked, or denied your access privileges. Third Party Vendors may have additional restrictions governing and/or prohibitions against international purchases of goods or services.
19. Governing Law — This Agreement has been made in and will be construed and enforced in accordance with Maryland law, as applied to agreements entered into and completely performed in Maryland. Any action to enforce this Agreement will be brought in the federal or state courts presiding in Bethesda, Maryland U.S., and both parties expressly agree to be subject to the jurisdiction of such courts. To the extent that it may otherwise be applicable, the Parties hereby expressly agree to exclude from the operation of this Agreement the United Nations Convention on Contracts for the International Sale of Goods, concluded at Vienna, on April 11th 1980, as amended and as may be amended further from time to time. This Site is controlled and operated by The ASCII Group, Inc. from its offices within the United States. The ASCII Group, Inc. makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own volition and are responsible for compliance with applicable local laws.
20. Miscellaneous — The provisions of Sections 7, 8, 9, 11, 12, 13, 14, 15, 18, 19 and 20 of this Agreement will survive the termination of this Agreement. Failure to insist on strict performance of any term of this Agreement will not operate as a waiver of any subsequent default or failure of performance. No waiver of any term of this Agreement will be valid unless in writing and acknowledged in writing or electronically by both parties. If any portion of this Agreement is adjudged invalid or unenforceable by a court of competent jurisdiction, the remaining portions will remain valid, enforceable, and carried into effect. This Agreement may be modified by The ASCII Group, Inc. at any time on prior written or electronic notice, either via e-mail or by posting such changes at the Site. Modifications required by law will become effective immediately. Your continued use of the Site following notice of any such modification will be conclusively deemed acceptance of the revised terms of the Agreement. If any such revision is unacceptable to you, you will terminate use of the Site immediately. No joint venture, partnership, employment, or agency relationship exists between you and The ASCII Group, Inc. as a result of this Agreement or your use of the Site. This Agreement constitutes the entire agreement between you and The ASCII Group, Inc. with respect to the Site; provided, however, that you will also be subject to any additional terms and conditions of which you are notified and to which you manifest your consent by continued use of the Site, and any other terms that may apply to Third Party Vendor or IIP products, content, software, or services. A printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based on 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 represent that you have read this Agreement, understand its terms, and agree and intend to be legally bound by it. You acknowledge that, in providing you access to and use of the Site, The ASCII Group, Inc. has relied on your agreement to be bound by the terms of this Agreement.