|STAYINCONTACT.COM and the STAY-IN-CONTACT AUTOMATIC FOLLOW-UP
and CONSULNET COMPUTING INC. (ConsulNet)
STAY IN CONTACT SERVICE
When used herein, "Stay In Contact Service" shall refer to both the StayInContact.Com web site and the Stay-In-Contact Automatic Follow-Up System and any derivatives thereof as applicable.
The Stay In Contact Service will store and manage a mailing list ("Mailing List") for each Sponsor's offering(s) and provide the interfaces through which individuals may subscribe and un-subscribe to such mailing lists. Sponsors agree to honor the request of the owner of any email address to remove that address from a Mailing List.
If you register with a Mailing List, you acknowledge that the owner of the mailing list may remove your email address from such Mailing List, in its discretion and at any time, and that your participation in such Mailing List may be subject to additional terms and conditions that may be altered from time to time. You also agree that the Stay In Contact Web Site and the Sponsor of the respective Mailing List may send you email messages at any time until such time that you unsubscribe from the Mailing List using the interface provided by the Stay In Contact Service and said unsubscription is recorded in the Stay In Contact Service database.
ConsulNet reserves the right to define and enforce limits on the size, individual and cumulative, of email messages sent through the Stay In Contact Service.
INHERENT TECHNOLOGICAL LIMITATIONS
Without limiting any other applicable disclaimers or limitations, ConsulNet disclaims any and all representations, warranties and conditions, express or implied, that messages sent in connection with the Stay In Contact Service will be delivered or received, or that the operation of the Stay In Contact Service will be available, error-free or secure. You acknowledge that the security mechanisms contained in the Stay In Contact Service have inherent limitations, and you are solely responsible for determining if use of the Stay In Contact Service sufficiently meets your requirements.
AGREEMENT BETWEEN USER AND CONSULNET
USE OF THE STAY IN CONTACT SERVICE
-Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
-Distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
-Attach files that contain software or other material protected by intellectual property laws, rights of privacy or publicity, or other proprietary rights, unless you own or control the rights thereto or have received all necessary consents (e.g., you may not attach "warez" or pirated software).
-Attach files that contain viruses, corrupted files, or any other similar software or programs that may or are intended to damage the operation of another's computer (e.g., "cracks" or other programs written to defeat the security measures of any computer, system or programs).
-Conduct or forward illegal contests, pyramid schemes or chain letters.
-Distribute or disseminate any file that you know, or reasonably should know, cannot be legally distributed in such manner.
-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 sent via the Stay In Contact Service.
-Restrict or inhibit any other user from using and enjoying its rights in the Stay In Contact Service.
-Harvest or otherwise collect information about others, including email addresses, without their express consent.
-Link the Stay In Contact Service to any unsolicited communication sent to any third party, or otherwise use or mention the Stay In Contact Service in connection with any such unsolicited communication.
-Violate any applicable laws or regulations.
ConsulNet reserves the right, but is not obligated, to review materials sent via the Stay In Contact Service and to remove any such materials in its sole discretion. ConsulNet reserves the right to terminate your access to the Stay In Contact Service at any time without notice for any reason whatsoever. ConsulNet reserves the right to terminate or change the Stay In Contact Service at any time.
ConsulNet is not obligated to monitor the Stay In Contact Service. However, with respect to the use of the Stay In Contact Service, ConsulNet 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 send or to remove any information or materials, in whole or in part, from the Stay In Contact Service in ConsulNet's sole discretion.
You acknowledge that the Stay In Contact Service is a public and not private communications medium, therefore your communications may be read by others without your knowledge. Always use caution when giving out any personally identifying information about yourself or your family or business via the Stay In Contact Service. ConsulNet does not control or endorse the content, messages or information found in the Stay In Contact Service and, therefore, ConsulNet specifically disclaims any liability with regard to the Stay In Contact Service and any actions resulting from your participation in the Stay In Contact Service.
The Stay In Contact Service is provided to assist you with the operation of your business. Your right to use the Stay In Contact Service is personal to your company and its employees. Except to the extent necessary to utilize the services of the Stay In Contact Service, you may not make any commercial use of the Stay In Contact Service. 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 Stay In Contact Service.
NO UNLAWFUL OR PROHIBITED USE
The information provided by ConsulNet to you may be proprietary in nature. You agree not to share any information provided to you by or on behalf of ConsulNet 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 ConsulNet, you may not: (a) use or acquire, or have any other person use or acquire on your behalf, the products or services of ConsulNet for which you offer competing or substitute products or services; and (b) advertise, promote, market or solicit offers to acquire such competing or substitute products in connection with your use of any ConsulNet products or services.
LICENSE TO CONSULNET
By posting messages, attaching files, inputting data, submitting any feedback or suggestions, or engaging in any other form of communication with or through the Stay In Contact Service, you warrant and represent that you own or otherwise control the rights necessary to do so.
By posting messages, attaching files, inputting data, submitting any feedback or suggestions, or engaging in any other form of communication with ConsulNet, you hereby grant ConsulNet and its affiliated companies permission to:
-Use, modify, copy, distribute, transmit, publicly display, publicly perform, reproduce, publish, sublicense, create derivative works from, transfer, or sell any such communication.
-Sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication.
-Publish your name in connection with any such communication. The foregoing grants shall include the right to exploit any intellectual property or proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. No compensation will be paid or due you with respect to ConsulNet's or its sublicensee's use of the materials contained within such communication. ConsulNet is under no obligation to post or use any materials you may provide, and may remove such materials at any time in ConsulNet's sole discretion.
The information, software, products, services and other material included in or available through the StayInContact.com Web Site may not be complete, and may include inaccuracies or typographical errors, and may also be modified or deleted from time to time. Advice, information, products, services or other materials received via the Stay In Contact Service 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 access to and use of the Stay In Contact Service, and products and services of ConsulNet, is at your own risk. ConsulNet, 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 the Stay In Contact Service. ConsulNet makes no guarantees of any kind regarding the dependability, accuracy, security, timeliness or availability of the Stay In Contact Service.
Without limiting the foregoing, CONSULNET AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE CONDITION, SUITABILITY, RELIABILITY, AVAILABILITY, COMPLETENESS, SECURITY, TIMELINESS, OR ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND MATERIALS CONTAINED ON THE STAYINCONTACT.COM WEB SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. CONSULNET 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.
ConsulNet reserves the right to deny in its sole discretion any user access to the StayInContact.com web site 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 ConsulNet, and for any use or misuse of your account or the StayInContact.com web site resulting from any third party using a password or user name issued to you.
This agreement is governed by the laws of the Province of Ontario, Canada. You hereby consent to the jurisdiction of and venue in courts located in Toronto, Ontario, Canada, in all disputes arising out of or relating to the use of the Stay In Contact Service. In addition, you hereby consent to the exclusive jurisdiction of and venue in such courts for any action commenced by you against ConsulNet (or its affiliates). Use of the Stay In Contact Service 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 ConsulNet as a result of this agreement or use of the Stay In Contact Service. ConsulNet's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of ConsulNet's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Stay In Contact Service or information provided to or gathered by ConsulNet 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 ConsulNet with respect to the Stay In Contact Service and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and ConsulNet with respect to the Stay In Contact Service. 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 in the Stay In Contact Service to any third party.
COPYRIGHT AND TRADEMARK NOTICES
All contents of the StayInContact.com web site are: Copyright (c) 1999-2000 ConsulNet, Inc. and/or its suppliers. All rights reserved.
ConsulNet, Stay In Contact, StayInContact.com, and "The Automatic Follow-Up System" are either trademarks or registered trademarks of ConsulNet Computing Inc. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
Example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved by ConsulNet.