OUR TERMS OF
SERVICE
Welcome to the Slate
Technology, Inc. Web Site Internet service (the "Service"). This
document explains the terms and conditions for using our Service (the
"Agreement"). By using our Service, you consent to this Agreement and
any new version of it posted since your last visit. If the Agreement is not
acceptable, then please do not use our Service. This Agreement was last updated
on: January 24, 2002.
YOUR ACCOUNT
& PASSWORD.
If you register an
account, you represent that you are at least 18 years old and that, to the best
of your knowledge and belief, your registration information is truthful,
accurate and complete. A user name and password will be assigned by us or chosen
by you. You are responsible for maintaining the secrecy of your password and
for activities occurring under your account. Be sure to change your password
promptly and notify us if you believe your account is being accessed by others.
Each user must register separately. You may not loan your user name and
password to others. You may not use another person's account without their
authorization.
USING OUR CONTENT
& SERVICE.
Our Proprietary Rights. Our Service may contain an assortment of
information, data, software, images, video clips, music, links, logos and other
material ("Content") that are the copyright, trademark or other
intellectual property of the owners of this Service or third party suppliers.
The Content in this Service is copyrighted individually and as a collective
work. All rights are reserved. The name "Slate Technology, Inc. Web
Site" and other names appearing herein are the trademarks or registered
trademarks of the Service or the respective third party owners. You will ensure
that all copyright, trademark or other proprietary rights notices appearing on
any Content remain intact and legible. All licenses are non-exclusive.
Displaying Our Emblem. Registered members in good standing are
granted the nonexclusive, worldwide right and license to publicly display our
Emblem on their registered web site. The Emblem may not be altered or merged
with other emblems or trademarks. If we issue a new version of the Emblem, you
should replace the old one as soon as practicable. If your membership is
suspended or terminated, you will promptly remove the Emblem and stop using it.
Linking to Our Site. You may not display our Content within a
frame or border, or "deep link" or harvest Content from below our
top-most URL. You will remove any such link to our Service that we find
objectionable promptly upon request.
Our Downloadable Software
& Digital Products. Our Service
offers users the ability to download software or other digital products and
obtain periodic electronic updates to those products. Your use of any such
products, updates and related documentation, if any, that you download from the
Service will be governed by any end-user license agreement (EULA) accompanying
such materials. In the absence of any such EULA, then upon payment of any
applicable fees, you are granted a personal, revocable, non-transferable
license to install and use the products and updates on a single computer in
support of your own personal or internal business processes; provided, however,
that items designated in the documentation as a "web site component"
may be incorporated as an integral feature of your web site and made available
online (so long as no separate charge is made for use of such component). You
may not otherwise transmit, distribute or otherwise make the products or
updates available to others. As part of the distribution process, we may
interrogate your computer solely to determine the products and versions already
installed and for no other purpose. Except as stated in an EULA, Software is
provided "AS-IS" and "AS AVAILABLE".
Our Remote Software
Applications. Our Service offers
users the ability to license and make remote use of software applications and
components operated from our servers. Your use of any remotely hosted software
application will be governed by the license agreement accompanying such
"Remote Hosted Application." In the absence of any such terms, and
subject to your payment of any applicable fees, you are granted a personal,
revocable, non-transferable license to access remotely and use the Remote
Hosted Application from your computer to process your own data in support of
your own personal or internal business processes. A Remote Hosted Application
designated by our Service as an active "web site component" may be
incorporated as an integral feature of your web site and made available to
users of your site. Unless expressly authorized, you may not charge a separate
fee for making Remote Hosted Applications available to others. Unless you are
expressly authorized to "private label" a Remote Hosted Application,
you should ensure the feature is properly designated as originating from our
Service. Except as stated in a separate agreement, Remote Software Applications
licenses are revocable, non-transferable and provided "AS-IS" and
"AS AVAILABLE".
Reservation of Rights. All content, communications, software
applications, digital products, updates and features of this Service are
copyrighted by the Service, its owners, suppliers or other third parties. We
reserve all rights not specifically granted to you. This means permission to
use the Service and related intellectual property rights will be narrowly
interpreted by a court in our favor. Except as specifically authorized in this
Agreement, you may not store, copy, reproduce, adapt, reformat, create
derivative works of, transmit, disseminate, publicly display or perform any
copyrighted material from this Service. You may not reverse engineer our
Service or any software obtained from it to discover its underlying design or
inner workings (and you will hold in confidence for our benefit alone anything
discovered in violation of this provision). If you infringe our intellectual
property rights or exceed the scope of permitted use of this Agreement, you
agree that we could be irreparably injured and may obtain a court order without
necessity of posting bond to enjoin you from further mischief.
YOUR CONTENT
& SUBMISSIONS.
Your Virtual Storage Locker.
Our Service allows registered users to upload, store and retrieve files in
private areas of our system ("Storage Lockers"). The amount of space
available for Storage Lockers is limited. Please view the applicable FAQs or
instructions to determine space limitations. If you register for a Storage
Locker, you may access and upload your files into the Storage Locker, manage
your files and download them later. You may use legally permissible utilities to
encrypt files before uploading them to your Storage Locker.
Data Management &
Disclosure. We reserve the right to
manage and operate our system resources and to archive or delete any files
stored on our Service at any time. You are responsible for making back-up
copies of any files that you wish to preserve. We may archive or delete files
stored in accounts that have not been logged into and are inactive for an
extended period of time, as determined by the Service. We do not claim any
ownership rights in the contents under your account. We may disclose the
contents of your account (a) as required by law or legal process, (b) to
protect or defend the rights of the Service, (c) to enforce this Agreement, or
(d) to protect the interests of any other user.
Prohibited Behavior. You will not upload, store or disseminate
any Content or make any Communications which violate or infringe the
intellectual property or privacy rights of any person or which a reasonable
person would consider abusive, profane, hateful, racially or ethnically
offensive, which are defamatory or harassing, or which violate or encourage
others to violate this Agreement or any applicable law. You will not upload or
transmit pornographic or obscene images or files, and you will not impersonate
our personnel or disrupt the orderly operation of the Service. You will not use
the Service to violate any applicable law, including U.S. or foreign securities
laws or regulations. In order to protect itself, the Service may without
liability actively cooperate with and furnish identifying and supporting
information to any person likely to be harmed or affected by your violation of
this Agreement and to any law enforcement agency conducting an investigation.
You also agree not to make any Communication that encourages users to terminate
their use of the Service or to use a competitor's service.
APPLICABLE
CHARGES & PAYMENT.
Some features of our
Service may require the payment of a subscription-based fee or other charge.
For subscription-based features, you agree not to allow your account to be used
by other persons, including co-workers. We require timely payment of all
published fees and charges. If you fail to pay applicable fees or charges when
due, we may suspend or terminate your account and access to services or
features. Unless otherwise agreed in writing, all charges are payable in U.S.
dollars in advance by major credit card, cashier's check or money order. Late
payments are subject to costs of collection (including reasonable legal fees)
and shall bear interest at a rate equal to the lesser of one (1) percent per
month or the highest rate permitted by law.
THIRD PARTY LINKS
AND ADVERTISERS.
Content, goods or
services may be offered by third parties through hotlinks or advertisements
contained on our Service or through private-branded areas that are controlled
by third party providers. These are offered as a convenience to you. We have no
control over and do not endorse third party content, goods or services. We act
as a distributor and not as a republisher of third party content and as an
advertising channel for third party goods and services. Third party providers
may change, add or discontinue their content or offerings at any time without
notice. They may impose additional or different conditions on your use of their
content or services (please read any additional terms that may be posted by
such providers). WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES REGARDING
CONTENT, GOODS OR SERVICES YOU OBTAIN FROM THIRD PARTY PROVIDERS. YOU WILL LOOK
SOLELY TO THE THIRD PARTY PROVIDER FOR ALL CLAIMS REGARDING SUCH MATTERS.
SYSTEM SECURITY.
We offer secure web
pages to collect certain kinds of information from users and we store certain
kinds of sensitive information in encrypted form. We follow reasonable
technical and management practices to help protect the confidentiality,
security and integrity of data stored on our system. While no computer system
is completely secure, we believe the measures implemented by our Service reduce
the likelihood of security problems to a level appropriate to the type of data
involved.
OUR PRIVACY
POLICY.
Our Privacy Policy
for this Site is posted at our main page. The terms of that Policy, and any
future amendments to it, are hereby incorporated by reference in its entirety
into this Agreement and subject to these terms. Third parties providing goods
or services to you (including those advertising or providing links on our
Service) may have privacy policies or practices that differ from our own.
Please check their sites' privacy disclosures for details.
WARRANTIES &
LIABILITIES.
Warranty Disclaimer. THIS
SERVICE (INCLUDING ALL INFORMATION, CONTENT, COMMUNICATIONS, FEATURES,
PRODUCTS, SOFTWARE AND SERVICES) MAY INCLUDE INACCURACIES, ERRORS AND DEFECTS
AND IS PROVIDED AS-IS AND AS-AVAILABLE WITHOUT WARRANTY OF ANY KIND. ALL
WARRANTIES, INCLUDING MERCHANTABILITY, QUALITY, INTEGRATION, ACCURACY,
WORKMANLIKE EFFORT, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT ARE DISCLAIMED. THE SERVICE IS NOT RESPONSIBLE FOR
UNAUTHORIZED ACCESS TO OR DISRUPTION OF YOUR COMMUNICATIONS, CONTENT OR
TRANSACTIONS ENTERED INTO WITH THE SERVICE. THE SERVICE IS NOT RESPONSIBLE FOR
ANY HARASSING, DEFAMATORY, ILLEGAL OR IMPROPER CONDUCT OR CONTENT OF THIRD
PARTIES, OR FOR ANY INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS BY THIRD
PARTIES.
No Professional Relationship. THIS SERVICE DOES NOT DISPENSE PROFESSIONAL
SKILL, ADVICE OR JUDGMENT OF A REGULATED OR PROFESSIONAL NATURE, INCLUDING
LEGAL, MEDICAL, ACCOUNTING, FINANCIAL OR OTHER PROFESSIONAL CALLING. THE
SERVICE DOES NOT PROVIDE FINANCIAL SERVICES, REAL ESTATE BROKERAGE SERVICES,
SECURITY BROKERAGE SERVICES, HOME LENDING OR MORTGAGE SERVICES. NOTHING IN THIS
SERVICE ESTABLISHES A PROFESSIONAL OR FIDUCIARY RELATIONSHIP WITH YOU. ALL
INFORMATION, CONTENT AND COMMUNICATIONS SHOULD BE INDEPENDENTLY VERIFIED BY
YOUR OWN PROFESSIONAL ADVISERS.
Limitation of Liability. YOU AGREE THIS SERVICE IS NOT LIABLE FOR ANY
DIRECT DAMAGES EXCEEDING THE AMOUNT, IF ANY, ACTUALLY PAID TO IT BY YOU DURING
THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM. IN NO EVENT
IS THE SERVICE LIABLE WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, STRICT
LIABILITY OR OTHERWISE), FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY,
INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST SAVINGS, LOST PROFIT, LOST
GOODWILL, LOST OR CORRUPTED DATA OR BUSINESS INTERRUPTION) EVEN IF NOTIFIED IN
ADVANCE OF SUCH POSSIBILITY. THIS LIMITATION IS A MATERIAL CONDITION TO THIS
AGREEMENT, IS COMMERCIALLY REASONABLE AND HAS BEEN FACTORED INTO THE AGREEMENT
AS A WHOLE. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE
FOREGOING LIMITATION MAY NOT APPLY TO YOU.
Indemnification. You agree to defend, indemnify and hold
harmless the Service and its officers, directors, owners, agents, employees,
advisers and consultants, from and against any claims, actions, demands,
liability, damages (including legal and professional fees) asserted by any
third party and arising from your use of the Service, your conduct, content,
communications, alleged infringement of third party intellectual property or
privacy rights, or violation of this Agreement.
Limitation of Remedies. You agree that if the Service breaches this
Agreement, your sole and exclusive remedy will be to terminate this Agreement
and your relationship with the Service. This applies regardless of whether the
remedy fails of its essential purpose.
Protected Parties. THE WARRANTY DISCLAIMERS, LIABILITY LIMITS,
INDEMNITIES AND RESERVATION OF RIGHTS CONTAINED IN THIS AGREEMENT PROTECT THE
SERVICE, ITS OFFICERS, DIRECTORS, OWNERS, AGENTS, CONSULTANTS, ADVISERS,
EMPLOYEES, AFFILIATES, ADVERTISERS, DISTRIBUTORS, RESELLERS, SUPPLIERS,
PUBLISHERS AND PROMOTERS.
FORCE MAJEURE.
The Service is not
responsible for any delay or failure in performance of the Service in whole or
in part for any reason including, without limitation: fires, floods, storms,
earthquakes, civil disturbances, disruption of telecommunications,
transportation, utilities, services or supplies, governmental action, computer
viruses, corruption of data, hacker attack, incompatible or defective
equipment, software or services or otherwise. Nothing herein enlarges any
warranty or diminishes any disclaimer under this Agreement.
INJUNCTIVE RELIEF.
If you violate or
exceed the scope of this Agreement or infringe our proprietary rights, you
agree we would be irreparably harmed and may (in addition to other relief and
without having to post bond) obtain a court order enjoining your from further
mischief.
GOVERNING LAW.
THIS AGREEMENT SHALL
BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE SUBSTANTIVE LAWS OF
VIRGINIA (USA), WITHOUT REGARD TO CONFLICTS OF LAW PRINCIPLES. YOU AGREE TO
INITIATE AND MAINTAIN ANY LEGAL ACTION IN SUCH DESIGNATED STATE/LOCALE AND
IRREVOCABLY CONSENT TO EXCLUSIVE PERSONAL JURISDICTION AND VENUE THEREIN. YOU
ARE RESPONSIBLE FOR COMPLYING WITH YOUR OWN LOCAL LAWS, WHICH MAY VARY WITH
RESPECT TO CERTAIN ACTIVITIES OR PEOPLE (e.g., MINORS). You agree that U.S.
District Courts can hear cases involving copyright issues between us. Since we
make no warranties and have limited our liabilities, you should have little
reason to have a grievance with us. Should you nevertheless bring legal action
against us, you irrevocably agree it will be brought and maintained within one
(1) year after the claim arises or be barred. As disincentive for unwarranted
litigation, you agree that if you sue us and don't win on the merits, you will
pay our defense costs, including reasonable legal fees for in-house and outside
counsel. If we are required to enforce this Agreement or our rights, you agree
it is reasonable to send you legal notices and papers by electronic mail at
your stated address (we would also attempt to send you a backup copy by regular
mail).
TECHNOLOGY &
DATA TRANSFER.
Technology Transfer. The transport of technology, technical data
and information across national boundaries is regulated by the U.S. and certain
foreign governments. You agree not to directly or indirectly export or
re-export any information, software or technology obtained from or through the
Service that requires an export license or governmental approval without first
obtaining that license or approval. This provision will survive termination of
our Agreement.
European Union Residents. If you reside in the European Union (EU) or
if any transfer of information between you and our Service is governed by the
European Union Data Protection Directive or nationals laws implementing that
Directive, then you consent to the transfer of such information outside of the
European Union to your country and to such other countries as may be
contemplated by the features and activities provided by the Service.
U.S. GOVERNMENT
RESTRICTED RIGHTS.
To the extent used
by U.S. government personnel: this is a computer data base that constitutes
restricted computer software and is provided with RESTRICTED RIGHTS. Use,
duplication or disclosure by the Government is subject to restrictions as set
forth in the Commercial Computer Software clause at DFARS 227.7202-3 or
subparagraphs (c)(1) and (2) of the Commercial Computer Software- Restricted
Rights clause at 48 CFR 52.227-19, as applicable. Contractor is Slate
Technology, Inc., P.O. Box 220051, Chantilly, Virginia 20153.
RELATIONSHIP OF
PARTIES.
There are no third
party beneficiaries of this Agreement. The parties are independent to one
another and are not related by franchise, partnership, employment, joint
venture or otherwise. This Service is not a party to any transaction between
you and any third party advertisers or suppliers. You will look solely to the
third party for all claims regarding their goods, services or information.
RIGHT TO RELY ON
INSTRUCTIONS.
The Service may act
in reliance upon any instruction, information, document, filing, name, email
address or user password that meets the Service's automated criteria or which
is believed by the Service's personnel to be genuine. For any password
protected areas, the Service may assume a person entering a user name address
and associated password is, in fact, that user or is authorized by that user to
act on its behalf. The Service may assume the latest email addresses and
registration information on file with the Service are accurate and current.
When programmed to do so, the Service may take prescribed actions in the
absence of receiving proper and complete contrary instructions.
CHANGES TO
SERVICE.
We reserve the right
to modify, change or discontinue the Service or any feature at any time without
notice. You agree that the Service is not liable to you or to any third party
as a result of any such action. We invite users to make suggestions for ways
that the Service can be improved. If you make a suggestion, you authorize us to
use the idea and to publish your name in connection with the submission. We do
not pay compensation for using submissions.
TERMINATION.
Either party may
terminate this Agreement in their sole discretion, at any time with or without
cause and regardless of the stated registration period otherwise applicable. We
reserve the right to suspend or terminate operation of this Service, or any
feature of this Service, at any time upon notice. Protections afforded to us
and to third parties by this Agreement will survive termination. If this
Agreement is suspended or terminated as a result of unauthorized use or
infringement of rights to Content obtained from the System, you agree that upon
request, you will destroy all copies of such Content in your possession or
under your control.
NOTICE TO
CALIFORNIA RESIDENTS.
Under California
Civil Code Section 1789.3, California residents are entitled to the following
specific consumer rights information.
Pricing Information: Current rates for using the Service may be
obtained by calling (***Service Phone Number***). The Service reserves the
right to change fees, surcharges or to institute new fees at any time, as
provided in this Agreement.
Complaints: The Complaint Assistance Unit of the
Division of Consumer Services of the California Department of Consumer Affairs
may be contacted in writing at 1020 North Street, Suite 501, Sacramento, CA
95814, or by telephone at (916) 445-1254.
MISCELLANEOUS.
This document
reflects our entire and exclusive agreement and supersedes all other agreements
regarding this subject matter, whether written or verbal. We reserve the right
to change this Agreement at any time by posting a new version on the Service.
Your continued use of this Service after the effective date of such amendment
will constitute your acceptance of it. Any other amendment to this Agreement
shall be in a pen-and-ink signed writing, regardless of any course of conduct
or trade practice between us. This electronic document or a hardcopy duplicate
in good form shall be considered an original document admissible into evidence
unless the document's authenticity is genuinely placed in question. We reserve
the right to assign this Agreement or delegate responsibility to any third
party, including a party acquiring any of our operating assets or ownership
interests. All licenses or permissions granted to you by this Agreement are
personal in nature and may not be assigned, sublicensed or otherwise
transferred and any attempt to the contrary is void. Any provision of this
Agreement found by a court to be illegal or unenforceable shall automatically
be deemed conformed to the minimum requirements of law and shall thereupon be
given full force and effect as so modified. Waiver of a provision in one
instance shall not preclude our enforcement of it on future occasions. Headings
are for reference purposes only and have no substantive effect.
NOTICE OF
COPYRIGHT INFRINGEMENT PROCEDURES.
If you believe
content on our Service infringes your copyrighted work and you want the
Service to take down the offending material, you will need to complete the
following Notice of Copyright Infringement and mail or fax it to our Registered
Agent (do not use this procedure for any other kind of communication):
Mail or Fax it to
us:
Garth Knudson, President
Slate Technology, Inc.
P.O. Box 220051, Chantilly,
Virginia 20153
Fax it to: (703) 815-4070
of Copyright
Infringement
I certify under the penalty of
perjury that I own or am authorized to act on behalf of the owner of the
copyrighted work identified below. I believe in good faith that the copyrighted
work has been used on your Service without authorization by the owner, its
agents or according to law. I ask that you remove or block access to the
infringing material.
Name of Copyright
Owner:
Description of
Copyrighted Work:
Description of
Infringing Material:
Location of
Infringing Material:
I can be contacted
as follows:
My Name:
My Title:
Company:
Address:
Address:
Telephone:
Fax:
Email:
I certify under the
penalties of perjury that the foregoing is true and correct to the best of my
information, knowledge and belief.
Signed:
Date:
(end of document)