1. Acceptance of Terms
ITtoolbox provides its Services to
you, subject to the following Terms of Use (TOU), which may be
updated by ITtoolbox at any time
without notice to users. In addition, when using particular
ITtoolbox Services, you and
ITtoolbox shall be subject to any posted guidelines or rules applicable
to such Services. All such
guidelines or rules are hereby incorporated by reference into the TOU.
This agreement is to be construed
and interpreted according to the laws of the State of Arizona. The
failure of ITtoolbox to exercise
or enforce any right or provision of the TOU shall not constitute a
waiver of such right or provision. |
2. Description of Services
ITtoolbox currently provides users
with access to a variety of Services, including but not limited to,
various communications tools,
email-based discussion groups, forums, job banks, staffing services,
free email, source code,
documents, news, press releases, peer publishing, industry articles, and
knowledge banks. |
Unless explicitly stated otherwise,
any new features that augment or enhance the current Service,
including the release of new
ITtoolbox Knowledge Bases, shall be subject to the TOU. You understand and
agree that the Service is provided
"AS-IS" and that ITtoolbox assumes no responsibility for the
timeliness, deletion, mis-delivery
or failure to store any user communications or user preference
settings. |
You are responsible for obtaining
access to the Service 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 must provide
and are responsible for all
equipment necessary to access the Service. |
3. Modifications to Service
ITtoolbox reserves the right at any
time and from time to time to modify or discontinue, temporarily
or permanently, the Service (or
any part thereof) with or without notice. You agree that ITtoolbox
shall not be liable to you or to
any third party for any modification, suspension or discontinuance of
the Service. |
4. Registration Policy
In order to use certain ITtoolbox
Services, you will be required to register with ITtoolbox. In
consideration of your use of the
Service, you agree to: (a) provide true, accurate, current and
complete information about
yourself as prompted by the Service's registration form (such information
being the "Registration Data") and
(b) maintain and promptly update the Registration Data to keep it
true, accurate, current and
complete. If you provide any information that is untrue, inaccurate,
not current or incomplete, or
ITtoolbox has reasonable grounds to suspect that such information is
untrue, inaccurate, not current or
incomplete, ITtoolbox has the right to suspend or terminate your
account and refuse any and all
current or future use of the Service (or any portion thereof). |
5. ITtoolbox Privacy Policy
Use of any and all ITtoolbox
services, including ITtoolbox Groups, is subject to the ITtoolbox Privacy Policy.
The privacy policy may be found
at: http://www.ITtoolbox.com/privacy/privacy_policy.asp.
6. Links to 3rd Party
Sites |
Web sites and Services within the
ITtoolbox Network may contain links to third party Web sites
("Linked Sites"). The Linked Sites
are not under the control of ITtoolbox and ITtoolbox is not
responsible for the contents of
any Linked Site, including without limitation any link contained in a
Linked Site, or any changes or
updates to a Linked Site. ITtoolbox is not responsible for any other
form of transmission received from
any Linked Site nor is ITtoolbox responsible if the Linked Site is
not working appropriately.
ITtoolbox is providing these links to you only as a convenience, and the
inclusion of any link does not
imply endorsement by ITtoolbox of the site or any association with its
operators, or guarantee that the
content contains accurate information. You are responsible for
viewing and abiding by the privacy
statements and terms of use posted at the Linked Sites.
ITtoolbox is under no obligation
to link to any site. |
7. Submitted Content
In many cases, users are invited to
submit Content, which includes but is not limited to such items as
documents, source code, job
listings, topical questions or responses submitted through ITtoolbox Groups or
other forums, to ITtoolbox for
publication, circulation, or distribution. ITtoolbox does not claim
ownership of Content submitted,
but by submitting such Content users grant ITtoolbox a
nonexclusive, worldwide license to
link to, reproduce, distribute, adapt, promote, display, and
sublicense submitted Content. |
ITtoolbox reserves the right to
remove any Content at any time, with no obligation to notify the
original submitter of the Content.
Publication of any submitted Content is at the sole discretion
of ITtoolbox.
Individuals submitting Content
certify that they own the Content being submitted, or otherwise have
the right to freely redistribute
the Content without limitation, and that submitting this Content will not
violate or infringe upon the
rights of any third party, including but not limited to, copyrights,
patents,
trademarks, trade secrets
or other proprietary rights.
Individuals submitting Content
certify that their submissions (including but not limited to source code)
contain no elements and produce no
resultes that are defamatory, obscene, or in violation of any law.
Individuals submitting Content further
certify that their submissions contain no harmful or destructive
content or output, including but not
limited to any viruses, worms, and Trojan horses. |
ITtoolbox assumes no liability with
respect to disputes over Content ownership, copyright, or
trademarks. |
In the event that ITtoolbox is
notified by a rightful owner that an infringement of ownership,
copyright, or trademark has
occurred, ITtoolbox will remove the Content in question in a timely
manner, with no obligation to
notify the original submitter of the Content in question. |
8. Harvesting of User Information
You agree that you will not harvest
or collect any information, including email addresses, for any
users or subscribers of any
Service, including ITtoolbox Groups, for any purpose whatsoever. You further
must agree that you will not
directly contact any user or subscriber of any Service, including
ITtoolbox Groups, for any purpose
whatsoever. |
9. ITtoolbox Stock Quotes and Index Service
The ITtoolbox Stock Quotes and
Index Service is provided for informational purposes only, and no
information included in the
Service is intended for trading or investing purposes. ITtoolbox shall not
be responsible or liable for the
accuracy, usefulness or availability of any information transmitted or
made available via the Service,
and shall not be responsible or liable for any trading or investment
decisions made based on such
information. |
Please reference Section 13 of
these Terms of Use, which outlines specifically the ITtoolbox
Disclaimer of
Warranties/Limitation of Liability which pertains to all ITtoolbox
Services, including
ITtoolbox
Stock Quotes and Index Service. |
10. ITtoolbox Free Email Service
Users of ITtoolbox Email are
additionally bound by the ITtoolbox Email Terms of Use, which may
be found at: http://www.ITtoolbox.com/help/email_termsofuse.htm. |
11. ITtoolbox Groups
Use of ITtoolbox Groups is governed by
ITtoolbox Groups Moderation Policies, which may be
found at: http://Groups.ITtoolbox.com/help/policies.asp.
Any information provided through
the ITtoolbox Groups Service is
intended for informational purposes only. Please reference Section 13 of
these Terms of Use, which
outlines specifically the ITtoolbox Disclaimer of Warranties/Limitation of
Liability which pertains to
all ITtoolbox Services, including ITtoolbox Groups. |
12. Reproduction of Content
You agree not to reproduce
duplicate, copy, sell, resell or exploit for any purposes, any portion of
the Service, use of the
Service, or access to the Service. |
13. Disclaimer of Warranties/Limitation
of Liability
WHILE WE USE REASONABLE
EFFORTS TO INCLUDE ACCURATE AND UP-TO-
DATE INFORMATION ON THE
SERVICE, WE MAKE NO REPRESENTATIONS AS TO
THE ACCURACY, QUALITY,
TIMELINESS, AVAILABILITY, OR COMPLETENESS OF
THE INFORMATION, SOURCE
CODE, DOCUMENTS, SUBMITTED CONTENT
INCLUDING QUESTIONS AND
RESPONSES POSTED VIA ITtoolbox Groups, OR OTHER
MATERIALS AVAILABLE THROUGH
THE SERVICE, AND YOU SHOULD NOT RELY
UPON THEM. WE PROVIDE THE
SERVICE ON AN "AS IS, AS AVAILABLE" BASIS.
YOU USE IT AT YOUR OWN RISK,
AND ITtoolbox, ITS EMPLOYEES, DIRECTORS,
AND AGENTS ARE NOT LIABLE
FOR ANY ERRORS OR OMISSIONS IN ITS
CONTENT OR DELIVERY, OR FOR
ANY FORM OF LOSS OR DAMAGE (INCLUDING
ANY CONSEQUENTIAL, INDIRECT,
INCIDENTAL, SPECIAL, OR EXEMPLARY
DAMAGES,EVEN IF KNOWN TO US)
THAT MAY RESULT FROM ITS USE. WE
EXPRESSLY DISCLAIM ALL
WARRANTIES, INCLUDING WARRANTIES OF
MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, OR NON-
INFRINGEMENT. NO WARRANTY
NOT SET FORTH IN THIS AGREEMENT WILL BE
VALID. IF ANY OF THE ABOVE
PROVISIONS ARE VOID UNDER GOVERNING LAW,
OUR LIABILITY SHALL BE
LIMITED TO THE EXTENT PERMITTED BY LAW.
THIS DISCLAIMER OF LIABILITY
APPLIES TO ANY DAMAGES OR INJURY CAUSED
BY ANY FAILURE OF
PERFORMANCE, ERROR,OMISSION, INTERRUPTION,
DELETION, DEFECT, DELAY IN
OPERATION OR TRANSMISSION, COMPUTER
VIRUS, COMMUNICATION LINE
FAILURE, THEFT OR DESTRUCTION OR
UNAUTHORIZED ACCESS TO,
ALTERATION OF, OR USE OF RECORD, WHETHER
FOR BREACH OF CONTRACT,
TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER
ANY OTHER CAUSE OF ACTION.
CUSTOMER SPECIFICALLY ACKNOWLEDGES
THAT ITtoolbox IS NOT LIABLE
FOR THE DEFAMATORY, OFFENSIVE OR
ILLEGAL CONDUCT OF OTHER
USERS OR THIRD-PARTIES AND THAT THE RISK OF
INJURY FROM THE FOREGOING
RESTS ENTIRELY WITH USER.
ITtoolbox SHALL NOT BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL
DAMAGES ARISING OUT OF USE OF THE SERVICE
OR INABILITY TO GAIN ACCESS
TO OR USE THE SERVICE OR OUT OF ANY
BREACH OF ANY WARRANTY. USER
HEREBY ACKNOWLEDGES THAT THE
PROVISIONS OF THIS SECTION
SHALL APPLY TO ALL CONTENT ON THE SERVICE. |
14. Indemnification
You will indemnify and hold
ITtoolbox, and its subsidiaries, affiliates, officers, agents, and
employees harmless against
any claim, dispute, or demand, including reasonable attorneys' fees,
which may arise from a
breach of these Terms of Use or to your violation of these Terms of Use,
including any content
submitted to, uploaded to, or transmitted via ITtoolbox by you. |
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