1. ACCEPTANCE OF TERMS
INTERNET ESQUIRE provides its services to you subject to your acceptance of the following Terms of Service. These Terms of Service may be modified and/or updated by INTERNET ESQUIRE from time to time with or without notice. You can review the most current version of these Terms of Service at any time by visiting < http://www.netesq.com/terms.html >. Use of any of the INTERNET ESQUIRE Web sites constitutes acceptance of these terms.
2. DESCRIPTION OF SERVICES
INTERNET ESQUIRE provides online access to Answers to Frequently Asked Questions (FAQs) and various other Content that is hosted on INTERNET ESQUIRE Web sites. You understand and agree that INTERNET ESQUIRE content includes clearly labeled sponsor links and that these sponsor links are necessary for INTERNET ESQUIRE to provide online access to end users.
You are responsible for obtaining access to the INTERNET ESQUIRE Web sites 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 are responsible for providing all equipment that is necessary for you to access the INTERNET ESQUIRE Web site.
You understand and agree that Content on the INTERNET ESQUIRE is provided "AS-IS" and that INTERNET ESQUIRE assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. Unless explicitly stated otherwise, any new features that augment or enhance INTERNET ESQUIRE, including the publication of any new FAQs, shall be subject to these Terms of Service.
3. CONTENT FOUND ON THE INTERNET ESQUIRE WEB SITE AND INDEXED ON THE INTERNET ESQUIRE WEB SITE
You acknowledge and understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person or entity from which such Content originated. You further acknowledge and understand that INTERNET ESQUIRE does not control the Content which is indexed on the INTERNET ESQUIRE Web site. As such, INTERNET ESQUIRE does not guarantee the accuracy, integrity, or quality of such Content. Specifically, technical processing and transmission of Content may involve transmissions over various networks and changes to conform and adapt Content to the technical requirements of connecting networks or devices.
By using INTERNET ESQUIRE, you may be exposed to Content that is offensive, indecent or objectionable. Specifically, you understand and acknowledge the fact that INTERNET ESQUIRE occasionally links to adult or mature Content. Even though the INTERNET ESQUIRE does not actually contain adult or mature Content, you must be at least 18 years of age to access and view such areas of INTERNET ESQUIRE.
You agree that you must evaluate and bear all risks associated with the use of any Content made available through INTERNET ESQUIRE, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by INTERNET ESQUIRE or submitted to INTERNET ESQUIRE, including without limitation information found in INTERNET ESQUIRE's FAQ publications. Under no circumstances will INTERNET ESQUIRE be liable in any way for any Content made available through INTERNET ESQUIRE, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available through INTERNET ESQUIRE.
You acknowledge that INTERNET ESQUIRE and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is made available through INTERNET ESQUIRE. Without limiting the foregoing, INTERNET ESQUIRE and its designees shall have the right to remove any Content from INTERNET ESQUIRE that violates these Terms of Service or is otherwise objectionable. You further acknowledge and agree that INTERNET ESQUIRE 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 these Terms of Service; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of INTERNET ESQUIRE, its users, and the public.
4. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON INTERNET ESQUIRE
INTERNET ESQUIRE does not claim ownership of Content that you submit or make available for inclusion on INTERNET ESQUIRE. However, with respect to Content that you submit or make available for inclusion on publicly accessible areas of INTERNET ESQUIRE, you grant INTERNET ESQUIRE 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 INTERNET ESQUIRE mailing lists and message boards, the license
to use, distribute, reproduce, modify, adapt, publicly perform and
publicly display such Content on INTERNET ESQUIRE solely for the purposes of
providing and promoting the specific INTERNET ESQUIRE service to which
such Content was submitted or made available.
- With respect to photos, graphics, audio or video you submit or make
available for inclusion on publicly accessible area of INTERNET ESQUIRE other
than INTERNET ESQUIRE mailing lists or message boards, the license to use, distribute,
reproduce, modify, adapt, publicly perform and publicly display such
Content on INTERNET ESQUIRE solely for the purpose for which such Content was
submitted or made available.
- With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of INTERNET ESQUIRE other than INTERNET ESQUIRE mailing lists or message boards, 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 INTERNET ESQUIRE are those areas of the INTERNET ESQUIRE Web sites that are intended by INTERNET ESQUIRE to be available to the general public. By way of example, publicly accessible areas of the INTERNET ESQUIRE Web sites would include portions of INTERNET ESQUIRE mailing lists and message boards that are open to both members and visitors. However, publicly accessible areas of INTERNET ESQUIRE would not include portions of INTERNET ESQUIRE that are intended for private communication, such as private e-mail or chat.
5. PROHIBITED USER CONDUCT
You agree not to use INTERNET ESQUIRE to engage in any of the following prohibited conduct:
- 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
- harm minors in any way;
- impersonate any person or entity, including, but not limited to,
an authorized representative of INTERNET ESQUIRE, or falsely state or
otherwise misrepresent your affiliation with a person or
- forge headers or otherwise manipulate identifiers in order to
disguise the origin of any Content transmitted through INTERNET ESQUIRE;
- 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);
- 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;
- 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 that
may be designated for such purpose;
- 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
- disrupt the normal flow of dialogue, cause a screen to "scroll"
faster than other users of INTERNET ESQUIRE are able to type, or
otherwise act in a manner that negatively affects other users'
ability to engage in real time exchanges;
- interfere with or disrupt the INTERNET ESQUIRE Web site or servers or networks
connected to INTERNET ESQUIRE, or disobey any requirements, procedures,
policies or regulations of networks connected to INTERNET ESQUIRE;
- intentionally or unintentionally violate any applicable local,
state, national or international law, including, but not limited to,
regulations promulgated by the U.S. Securities and Exchange
Commission, any rules of any national or other securities exchange,
including, without limitation, the New York Stock Exchange, the
American Stock Exchange or the NASDAQ, and any regulations having
the force of law;
- "stalk" or otherwise harass another; or
- collect or store personal data about other users.
6. 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 United States or the country in which you reside.
You agree to indemnify and hold INTERNET ESQUIRE, and its subsidiaries, affiliates, officers, 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 INTERNET ESQUIRE, your use of INTERNET ESQUIRE, your connection to INTERNET ESQUIRE, your violation of these Terms of Service, or your violation of any rights of another.
8. NO RESALE OF SERVICE OR CONTENT WITHOUT NOTICE OF INTENT AND EXPRESS PERMISSION
You agree not to reproduce, duplicate, copy, sell, resell, or exploit
for any commercial purposes any portion of the INTERNET ESQUIRE Web sites, use of the INTERNET ESQUIRE FAQs, or access to INTERNET ESQUIRE without the express permission of INTERNET ESQUIRE.
You also agree to notify INTERNET ESQUIRE of any use that you intend to make of INTERNET ESQUIRE Content.
9. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that INTERNET ESQUIRE may establish general practices and limits
concerning use of INTERNET ESQUIRE, including (without limitation) the maximum
number of days that email messages, message board postings or other
uploaded Content will be retained by INTERNET ESQUIRE, the maximum number of
email messages that may be sent from or received by an INTERNET ESQUIRE e-mail account, the
maximum size of any email message that may be sent from or
received by an INTERNET ESQUIRE e-mail account, the maximum disk space that will be
allotted on INTERNET ESQUIRE'S servers on your behalf, and the maximum number of
times (and the maximum duration for which) you may access INTERNET ESQUIRE in a
given period of time. You agree that INTERNET ESQUIRE has no responsibility or
liability for the deletion or failure to store any messages and other
communications or other Content maintained or transmitted by INTERNET ESQUIRE.
You acknowledge that INTERNET ESQUIRE reserves the right to log off accounts that are
inactive for an extended period of time. You further acknowledge that
INTERNET ESQUIRE reserves the right to change these general practices and limits at
any time, in its sole discretion, with or without notice.
10. MODIFICATIONS TO SERVICE
INTERNET ESQUIRE reserves the right at any time and from time to time to modify or
discontinue, temporarily or permanently, the INTERNET ESQUIRE Web site (or any part thereof)
with or without notice. You agree that INTERNET ESQUIRE shall not be liable to you or
to any third party for any modification, suspension or discontinuance of
You agree that INTERNET ESQUIRE, in its sole discretion, may terminate your password, account (or any part thereof) or use of INTERNET ESQUIRE, and remove and discard any Content within INTERNET ESQUIRE, for any reason, including, without limitation, for lack of use or if INTERNET ESQUIRE believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Service. INTERNET ESQUIRE may also in its sole discretion and at any time discontinue providing access to the INTERNET ESQUIRE Web site, or any part thereof, with or without notice. You agree that any termination of your access to INTERNET ESQUIRE under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that INTERNET ESQUIRE 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 INTERNET ESQUIRE. Further, you agree that INTERNET ESQUIRE shall not be liable to you or any third-party for any termination of your access to INTERNET ESQUIRE.
12. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through INTERNET ESQUIRE, 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 INTERNET ESQUIRE 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 INTERNET ESQUIRE.
INTERNET ESQUIRE may provide, or third parties may provide, links to other
World Wide Web sites or resources. Because INTERNET ESQUIRE has no control over such
sites and resources, you acknowledge and agree that INTERNET ESQUIRE 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 INTERNET ESQUIRE 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.
14. INTERNET ESQUIRE'S PROPRIETARY RIGHTS
You acknowledge and agree that INTERNET ESQUIRE and any necessary software
used in connection with INTERNET ESQUIRE ("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 INTERNET ESQUIRE or advertisers is protected by copyrights, trademarks,
service marks, patents or other proprietary rights and laws. Except as
expressly authorized by INTERNET ESQUIRE or advertisers, you agree not to modify,
rent, lease, loan, sell, distribute or create derivative works based on
INTERNET ESQUIRE or the Software, in whole or in part.
INTERNET ESQUIRE grants you a personal, non-transferable and non-exclusive right
and license to use the object code of its Software on a single computer;
provided that you do not (and do not allow any third party to) copy,
modify, create a derivative work of, reverse engineer, reverse assemble or
otherwise attempt to discover any source code, sell, assign, sublicense,
grant a security interest in or otherwise transfer any right in the
Software. You agree not to modify the Software in any manner or form, or
to use modified versions of the Software, including (without limitation)
for the purpose of obtaining unauthorized access to INTERNET ESQUIRE. You agree
not to access INTERNET ESQUIRE by any means other than through the interface
that is provided by INTERNET ESQUIRE for use in accessing INTERNET ESQUIRE.
15. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
|a.||YOUR USE OF THE INTERNET ESQUIRE WEB SITES AND CONTENT IS AT YOUR SOLE RISK. INTERNET ESQUIRE CONTENT IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. INTERNET ESQUIRE EXPRESSLY DISCLAIMS 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.||INTERNET ESQUIRE MAKES NO WARRANTY THAT (i) INTERNET ESQUIRE WILL MEET YOUR REQUIREMENTS, (ii) INTERNET ESQUIRE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF INTERNET ESQUIRE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH INTERNET ESQUIRE 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 INTERNET ESQUIRE 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 INTERNET ESQUIRE OR THROUGH OR FROM INTERNET ESQUIRE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.|
YOU EXPRESSLY UNDERSTAND AND AGREE THAT INTERNET ESQUIRE 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 INTERNET ESQUIRE HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE
OR THE INABILITY TO USE INTERNET ESQUIRE; (ii) THE COST OF PROCUREMENT OF
SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION
OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS
ENTERED INTO THROUGH OR FROM INTERNET ESQUIRE; (iii) UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF
ANY THIRD PARTY ON INTERNET ESQUIRE; OR (v) ANY OTHER MATTER RELATING TO THE
17. 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.
18. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
INTERNET ESQUIRE is provided for informational purposes only, and no
Content included in INTERNET ESQUIRE is intended for trading or investing
purposes. INTERNET ESQUIRE and its licensors shall not be responsible or liable for the accuracy,
usefulness or availability of any information transmitted or made available
via INTERNET ESQUIRE, and shall not be responsible or liable for any trading or
investment decisions made based on such information.
Notices to you may be made via either email or regular mail. INTERNET ESQUIRE may also provide notices of changes to these Terms of Service or other matters by displaying notices or links to notices to you generally on INTERNET ESQUIRE.
20. TRADEMARK INFORMATION
"INTERNET ESQUIRE," is a trademark owned by INTERNET ESQUIRE (the "INTERNET ESQUIRE Marks"). You agree not to display or use the INTERNET ESQUIRE Marks in any manner without the express permission of INTERNET ESQUIRE.
21. COPYRIGHTS and COPYRIGHT INFRINGEMENT
INTERNET ESQUIRE 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 INTERNET ESQUIRE with the following information:
|a.||an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;|
|b.||a description of the copyrighted work or other intellectual property that you claim has been infringed;|
|c.||a description of where the material that you claim is infringing is located on the site;|
|d.||your address, telephone number, and email address;|
|e.||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;|
|f.||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.|
INTERNET ESQUIRE can be reached for Notice of claims of copyright or other intellectual property infringement as follows:
- By mail:
- INTERNET ESQUIRE
P.O. Box 74632
Davis, CA 95617
- By phone or fax: (530) 678-5997
- By email: < firstname.lastname@example.org >
22. GENERAL INFORMATION
These Terms of Service constitute the entire agreement between you and INTERNET ESQUIRE and
govern your use of INTERNET ESQUIRE, superceding any prior agreements between
you and INTERNET ESQUIRE. 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 Terms of Service and the relationship between you and INTERNET ESQUIRE
shall be governed by the laws of the State of California without regard to
its conflict of law provisions. You and INTERNET ESQUIRE agree to submit to the
personal and exclusive jurisdiction of the courts located within the
county of Yolo, California. The failure of INTERNET ESQUIRE to exercise or
enforce any right or provision of the Terms of Service shall not constitute a waiver of
such right or provision. If any provision of the Terms of Service 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 Terms of Service 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
the use of the INTERNET ESQUIRE Web site or the Terms of Service must be filed within one (1)
year after such
claim or cause of action arose or be forever barred.
The section titles in the Terms of Service are for convenience only and have no legal or contractual effect.
Please report any suspected violations of these Terms of Service as follows:
- By mail:
P.O. Box 74632
Davis, CA 95617-5632
- By phone or fax: (530) 678-5997
- By email: < email@example.com >