Terms of Use
Updated: Friday, February 6, 2009 - 10:00 a.m. Central Time
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ACCEPTANCE OF TERMS.
The services that Pronet Solutions Corporation ("Pronet") provides to you are subject
to the following Terms of Use ("TOU"). Pronet reserves the right to update the TOU
at any time without notice to you. The most current version of the TOU can be reviewed
by clicking on the "Terms of Use" hypertext link located at the bottom of our Web
pages.
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DESCRIPTION OF SERVICES.
Through its network of Web properties, Pronet provides you with access to a variety
of resources, including download areas, communication forums and product and service
information (collectively "Services"). The Services, including any updates, enhancements,
new features, and/or the addition of any new Web properties, are subject to the
TOU.
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PERSONAL AND NON-COMMERCIAL USE LIMITATION.
Unless otherwise specified, the Services are for your personal and non-commercial
use. You may not modify, copy, distribute, transmit, display, perform, reproduce,
publish, license, create derivative works from, transfer, or sell any information,
software, products or services obtained from the Services.
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PRIVACY AND PROTECTION OF PERSONAL INFORMATION.
See the
Privacy Statement disclosures relating to the collection
and use of your information.
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NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEB SITE.
Permission to use Documents (such as white papers, press releases, datasheets and
FAQs) from the Services is granted, provided that (1) the below copyright notice
appears in all copies and that both the copyright notice and this permission notice
appear, (2) use of such Documents from the Services is for informational and non-commercial
or personal use only and will not be copied or posted on any network computer or
broadcast in any media, and (3) no modifications of any Documents are made. Use
for any other purpose is expressly prohibited by law, and may result in severe civil
and criminal penalties. Violators will be prosecuted to the maximum extent possible.
Documents specified above do not include the design or layout of the PronetProtect.com
Web site or any other Pronet owned, operated, licensed or controlled site. Elements
of Pronet Web sites are protected by trade dress, trademark, unfair competition,
and other laws and may not be copied or imitated in whole or in part. No logo, graphic,
sound or image from any Pronet Web site may be copied or retransmitted unless expressly
permitted by Pronet.
PRONET AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY
OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS
PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE
PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. PRONET AND/OR ITS RESPECTIVE SUPPLIERS
HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING
ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL
PRONET AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL
DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER
IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR
IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE SERVICES.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE TECHNICAL
INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION
HEREIN. PRONET AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES
IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
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NOTICES REGARDING DOCUMENTS AND SERVICES AVAILABLE ON THIS WEB SITE.
IN NO EVENT SHALL PRONET AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL,
INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS
OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS
ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF DOCUMENTS,
PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.
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LOGIN ACCOUNT, PASSWORD, AND SECURITY.
For Services that require you to have a login account, your must provide us with
current, complete and accurate information. You will be given a username and your
choice of a password. You are entirely responsible for maintaining the confidentiality
of your password and account. Furthermore, you are entirely responsible for any
and all activities that occur under your account. You agree to notify Pronet immediately
of any unauthorized use of your account or any other breach of security. Pronet
will not be liable for any loss that you may incur as a result of someone else using
your password or account, either with or without your knowledge. However, you could
be held liable for losses incurred by Pronet or another party due to someone else
using your account or password. You may not use anyone else's account at any time,
without the permission of the account holder.
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NO UNLAWFUL OR PROHIBITED USE.
As a condition of your use of the Services, you will not use the Services for any
purpose that is unlawful or prohibited by these terms, conditions, and notices.
You may not use the Services in any manner that could damage, disable, overburden,
or impair any Pronet owned or leased server or host server of any Pronet web site,
or the network(s) connected to any Pronet server, or interfere with any other party's
use and enjoyment of any Services. You may not attempt to gain unauthorized access
to any Services, other accounts, computer systems or networks connected to any Pronet
server or to any of the Services, through hacking, password mining or any other
means. You may not obtain or attempt to obtain any materials or information through
any means not intentionally made available through the Services.
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USE OF SERVICES.
The Services may contain e-mail services, bulletin board services, chat areas, news
groups, forums, communities, personal web pages, calendars, photos, file cabinets
and/or other message or communication facilities designed to enable you to communicate
with others and Pronet (each a "Communication Service" and collectively "Communication Services").
You agree to use the Communication Services only to post, send and receive messages
and material that are proper and, when applicable, related to the particular Communication
Service. By way of example, and not as a limitation, you agree that when using the
Communication Services, you will not:
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Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such
as rights of privacy and publicity) of others.
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Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory,
obscene, indecent or unlawful topic, name, material or information.
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Upload, or otherwise make available, files that contain images, photographs, software
or other material protected by intellectual property laws, including, by way of
example, and not as limitation, copyright or trademark laws (or by rights of privacy
or publicity) unless you own or control the rights thereto or have received all
necessary consent to do the same.
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Use any material or information, including images or photographs, which are made
available through the Services in any manner that infringes any copyright, trademark,
patent, trade secret, or other proprietary right of any party.
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Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots,
corrupted files, or any other similar software or programs that may damage the operation
of another's computer or property of another.
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Falsify or delete any copyright management information, such as author attributions,
legal or other proper notices or proprietary designations or labels of the origin
or source of software or other material contained in a file that is uploaded.
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Restrict or inhibit any other user from using and enjoying the Communication Services.
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Violate any code of conduct or other guidelines which may be applicable for any
particular Communication Service.
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Harvest or otherwise collect information about others, including e-mail addresses.
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Violate any applicable laws or regulations.
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Create a false identity for the purpose of misleading others.
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Use, download or otherwise copy, or provide (whether or not for a fee) to a person
or entity any directory of users of the Services or other user or usage information
or any portion thereof.
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Pronet has no obligation to monitor the Communication Services. However, Pronet
reserves the right to review materials posted to the Communication Services and
to remove any materials in its sole discretion. Pronet reserves the right to
terminate your access to any or all of the Communication Services at any time, without
notice, for any reason whatsoever.
Pronet reserves the right at all times to disclose any information as Pronet
deems 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, in Pronet's sole discretion.
Always use caution when giving out any personally identifiable information about
yourself or your children in any Communication Services. Pronet does not control
or endorse the content, messages or information found in any Communication Services
and, therefore, Pronet specifically disclaims any liability with regard to the
Communication Services and any actions resulting from your participation in any
Communication Services. Managers and hosts are not authorized Pronet spokespersons,
and their views do not necessarily reflect those of Pronet.
Materials uploaded to the Communication Services may be subject to posted limitations
on usage, reproduction and/or dissemination; you are responsible for adhering to
such limitations if you download the materials.
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MATERIALS PROVIDED TO PRONET OR POSTED AT THIS WEB SITE.
Pronet does not claim ownership of the materials you provide to Pronet (including
feedback and suggestions) or post, upload, input or submit to any Services or its
associated services for review by the general public, or by the members of any public
or private community, (each a "Submission" and collectively "Submissions"). However,
by posting, uploading, inputting, providing or submitting ("Posting") your Submission
you are granting Pronet , its affiliated companies and necessary sublicensees permission
to use your Submission in connection with the operation of their Internet businesses
(including, without limitation, all Pronet Services), including, without limitation,
the license rights to: copy, distribute, transmit, publicly display, publicly perform,
reproduce, edit, translate and reformat your Submission; to publish your name in
connection with your Submission; and the right to sublicense such rights to any
supplier of the Services.
No compensation will be paid with respect to the use of your Submission, as provided
herein. Pronet is under no obligation to post or use any Submission you may provide
and Pronet may remove any Submission at any time in its sole discretion.
By Posting a Submission you warrant and represent that you own or otherwise control
all of the rights to your Submission as described in these Terms of Use including,
without limitation, all the rights necessary for you to provide, post, upload, input
or submit the Submissions.
In addition to the warranty and representation set forth above, by Posting a Submission
that contain images, photographs, pictures or that are otherwise graphical in whole
or in part ("Images"), you warrant and represent that (a) you are the copyright
owner of such Images, or that the copyright owner of such Images has granted you
permission to use such Images or any content and/or images contained in such Images
consistent with the manner and purpose of your use and as otherwise permitted by
these Terms of Use and the Services, (b) you have the rights necessary to grant
the licenses and sublicenses described in these Terms of Use, and (c) that each
person depicted in such Images, if any, has provided consent to the use of the Images
as set forth in these Terms of Use, including, by way of example, and not as a limitation,
the distribution, public display and reproduction of such Images. By Posting Images,
you are granting (a) to all members of your private community (for each such Images
available to members of such private community), and/or (b) to the general public
(for each such Images available anywhere on the Services, other than a private community),
permission to use your Images in connection with the use, as permitted by these
Terms of Use, of any of the Services, (including, by way of example, and not as
a limitation, making prints and gift items which include such Images), and including,
without limitation, a non-exclusive, world-wide, royalty-free license to: copy,
distribute, transmit, publicly display, publicly perform, reproduce, edit, translate
and reformat your Images without having your name attached to such Images, and the
right to sublicense such rights to any supplier of the Services. The licenses granted
in the preceding sentences for a Images will terminate at the time you completely
remove such Images from the Services, provided that, such termination shall not
affect any licenses granted in connection with such Images prior to the time you
completely remove such Images. No compensation will be paid with respect to the
use of your Images.
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LINKS TO THIRD PARTY WEB SITES.
THE LINKS IN THIS AREA WILL LET YOU LEAVE PRONET'S SITE. THE LINKED SITES ARE NOT
UNDER THE CONTROL OF PRONET AND PRONET IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY
LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO
SUCH SITES. PRONET IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION
RECEIVED FROM ANY LINKED SITE. PRONET IS PROVIDING THESE LINKS TO YOU ONLY AS A
CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY PRONET
OF THE SITE.
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UNSOLICITED IDEA SUBMISSION POLICY.
PRONET OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING
IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES,
PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY
ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS
POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN PRONET'S PRODUCTS
OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO PRONET. SO, PLEASE
DO NOT SEND YOUR UNSOLICITED IDEAS TO PRONET OR ANYONE AT PRONET. IF, DESPITE OUR
REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE
UNDERSTAND THAT PRONET MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE
TREATED AS CONFIDENTIAL OR PROPRIETARY.
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COPYRIGHT NOTICE.
Copyright © Pronet Solutions Corporation, P.O. Box 271861
Houston, Texas 77277-1861
U.S.A. All rights reserved.
Any rights not expressly granted herein are reserved.
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