By completing the membership enrollment process and using Talaya Internet services, you agree to be legally bound to abide by the Terms of Service.

Terms of Service

The Service. The Service consists of (a) computing and information services and other content provided by IT&E Overseas, Inc. and (b) information and other content provided by third parties. IT&E may discontinue to revise any or all aspects of the Service, its sole discretion and without prior notice to you or your designated users.

Registration. Subscriber certifies to IT&E that he/she is an individual (not a corporation) and is at least eighteen (18) years of age. IT&E may, at its discretion, enter into special billing arrangements with employers and other entities. A minor's parent or legal guardian may authorize a minor's use of Subscriber's account under adult supervision and with assumption of all liabilities resulting from minor's use. The TOS applies to all subaccount and alternate screen names associated with Subscriber's principal account(s) ("Master Account(s)"). Each Subscriber is responsible for all activities and charges resulting from use of Subscriber's Master Account(s) under any screen name of the Master Account(s) by any person, and for ensuring full compliance with the TOS by all users of his/her Master Account(s). Talaya Master Account(s) may not be transferred without prior written approval from IT&E and is subject to any limits established by IT&E.

Username(s) and Password(s). Subscriber is responsible for maintaining the confidentiality of his/her username(s) and password(s) and is liable for any harm resulting from disclosing or allowing disclosure of any password. In the event of a breach of security, Subscriber will remain liable for any unauthorized use of the Talaya until Subscriber notifies IT&E by calling 646-INET (4638) or 646-8886.

Account Information. Subscriber agrees to provide IT&E with accurate, complete, and updated information required by the registration to Talaya, including Subscriber's legal name, address, telephone number and applicable payment data (i e., credit card number and expiration date or checking account information). Subscriber agrees to notify IT&E within thirty (30) days of any changes in the data. Failure to comply fully with this provision may result in immediate suspension or termination of your right to use Talaya. Subscriber may make modifications to the account by simply visiting any IT&E office and completing a request form with the appropriate changes.

Payment. The billing period is from the 26th of the month through the 25th of the following month. Subscriber will pay all gross receipts, sales, use, value added, personal property or other governmental tax or levy imposed on the goods or services billed to his/her Master Account(s), other than taxes based on net income or profits of IT&E. If IT&E does not receive the full amount of Subscriber's Talaya account balance within thirty (30) days of invoice date, an additional 1.5% (or the highest amount allowed by law, whichever Is lower) per month late charge will be added to Subscriber's bill and shall be due and payable. Subscriber shall also be liable for all attorney and collection fees arising from IT&E's efforts to collect any unpaid balance of Subscriber's Master Account(s).

Termination. Either Subscriber or IT&E may terminate Talaya account at any time. Subscriber's only right with respect to any dissatisfaction with any (i) TOS term or policy, guideline, or practice of IT&E in operating Talaya, (ii) Content available through Talaya or change therein, or (iii) change in the amount or type of fees charged in connection with Talaya, is to terminate account by delivering notice to IT&E, effective the day IT&E receives notification of termination or such specified future date as may be acceptable to IT&E. In the event that a Subscriber's account is terminated or canceled, any online time credited to Subscriber's Master Account(s) is not convertible to cash or other form of credit. IT&E may terminate Subscribership, or suspend any individual Subscriber's access to all or part of Talaya, without notice, for any conduct that IT&E in its sole discretion believes violates the TOS, interferes with another Subscriber's enjoyment of Talaya, or is harmful to another Subscriber, third-party information provider, Merchant, Licensor, service provider or IT&E's interests.

Upon termination of Subscribership, Subscriber shall have no right to (i) access any stored Content on Talaya and any such content will be forfeited, (ii) any user time or other credit(s), and such credit(s) will be forfeited, and (iii) third party merchandise or services and IT&E shall have no responsibility to notify any third-party Merchants, nor for any consequences resulting from lack of notification. Termination or suspension by IT&E automatically terminates or suspends, as the case may be, Subscriber's license to use Talaya service.

Access Equipment and Connect Charges. Subscriber is responsible for all telephone and other charges associated with connecting to Talaya through an available access number.

Extent of Customer Support. Talaya 2000 offers telephone-based support for internet related matters. Subscriber is responsible for basic understanding and knowledge of any and all of his/her computer system and its specifications, operating system, hardware, software, peripheral devices and network connection(s).

Online Conduct. Talaya is a community-oriented service composed of many different communities of people. Any conduct by a Subscriber that in IT&E's discretion restricts or inhibits any other Subscriber from using or enjoying Talaya will not be permitted. IT&E reserves the right, but does not assume the responsibility, to restrict communication which IT&E deems in its discretion to be harmful to individual Subscribers, damaging to the communities which make up Talaya, or in violation of IT&E's or any third party rights. However, communication over Talaya often occurs in real-time, or is posted on one of Talaya's many message boards or libraries, and IT&E cannot, and does not intend to, screen communication in advance. Subscriber agrees to use Talaya only for lawful purposes. Subscriber is prohibited from posting on or transmitting through Talaya any unlawful, obscene, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law.

Distribution/Uploading of Third Party Content. Subscriber may upload to the software files or otherwise distribute on Talaya only Content that is not subject to any copyright or other proprietary rights protection (collectively, "Public Domain Contents"), or Content in which the author has given express authorization for online distribution. Any copyrighted Content submitted with the consent of a copyright owner should contain a phrase such as "Copyright owned by [name of the owner]; Used with Permission." The unauthorized submission of copyrighted or other proprietary Content constitutes a breach of the TOS and could subject You to criminal prosecution as well as personal liability for damages in a civil suit. Subscriber, not IT&E or its independent contractors, are liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm arising from such submission. By submitting Content to any "Public Area" (Public Area(s) are those areas of Talaya that are generally accessible to other Subscribers, such as chat rooms, message boards, and file uploads) You automatically grant, or warrant that the owner of such Content has expressly granted IT&E the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute the Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such Content. You also permit any Subscriber to access, view, store or reproduce the Content for that Subscriber's personal use. Subject to this grant, the owner of Content placed on Talaya retains any and all rights which may exist in such Content.

Online Sales and Services. All transactions concerning third-party ("Merchant") goods or services, including, but not limited to, purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between Merchant and Subscriber. IT&E makes no warranties or representations whatsoever with regard to any good or service provided by any Merchant. IT&E shall not be a party to a transaction between Subscriber and Merchant, or be liable for any cost or damage arising either directly or indirectly from any action or inaction of any Merchant.

IT&E's Rights. IT&E may elect to electronically monitor the Public Areas for adherence to its TOS and may disclose any Content, records or electronic communication of any kind (i) to satisfy any law, regulation or authorized governmental request, (ii) if such disclosure is necessary to operate Talaya, or (iii) to protect the rights or property of IT&E, its Subscribers, or Information Providers or Merchants. IT&E reserves the right to prohibit conduct, communication, or Content which it deems in its discretion to be harmful to Individual Subscribers, the communities which make up Talaya, IT&E's or other third-party rights, or to violate any applicable law. Notwithstanding the foregoing, nether IT&E nor its Information Providers have the practical ability to restrict conduct, communication or Content in which might violate its TOS prior to transmission on Talaya, nor can they ensure prompt editing or removal of questionable Content after online posting. Accordingly, neither IT&E nor any Information Provider shall assume liability for any action or inaction with respect to conduct, communication or Content on Talaya. IT&E will not intentionally monitor or disclose any private electronic communication unless permitted or required by law. IT&E may terminate immediately without notice any Subscriber who misuses or fails to abide by the TOS, including, without limitation, misuse of any online exhibits and/or applications.

LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTY. SUBSCRIBER EXPRESSLY AGREES THAT USE OF TALAYA IS AT SUBSCRIBER'S SOLE RISK. NEITHER IT&E, ITS EMPLOYEES, AFFILIATES, AGENTS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE, WARRANT THAT TALAYA WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF TALAYA, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH TALAYA. NEITHER IT&E NOR ANY OF ITS INDEPENDENT NETWORK SERVICE PROVIDERS MAKE ANY REPRESENTATIONS OR WARRANTIES, EITHER EXPRESSED OR IMPLIED, THAT ANY AVAILABLE ACCESS NUMBER WILL BE A LOCAL CALL FROM YOUR AREA CODE AND EXCHANGE.

TALAYA IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY IT&E, ITS EMPLOYEES, AGENTS (INCLUDING SUBSCRIBER REPRESENTATIVES OR GUIDES), THIRD-PARTY NFORMATION PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL SUBSCRIBER RELY ON ANY SUCH INFORMATION OR ADVICE.

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL IT&E, OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING TALAYA, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE TALAYA INCLUDING, BUT NOT LIMITED TO, RELIANCE BY A SUBSCRIBER ON ANY INFORMATION OBTAINED ON TALAYA; OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO IT&E'S RECORDS, PROGRAMS OR SERVICES. SUBSCRIBER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH V(C) SHALL APPLY TO ALL CONTENT, MERCHANDISE OR SERVICES AVAILABLE THROUGH TALAYA. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES IT&E'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Indemnification. Upon request of IT&E, Subscriber agrees to defend, indemnify and hold harmless IT&E, its officers, directors, employees, agents, third party Information Providers, Merchants and Licensees, from any claims and expenses, including reasonable attorney's fees, related to any violation of the TOS by use of Subscriber's Master Account(s), or in connection with the placement or transmission by or through Subscriber of any Content on Talaya and its third party Information Providers, Merchants and Subscribers.

Applicable Law. The Terms and Conditions of Service shall be governed by and construed in accordance with the laws of Guam. Each party irrevocably consents to the exclusive jurisdiction of the courts of Guam and the federal courts of the Ninth Circuit in connection with any action arising under the TOS or relating to Talaya. Any cause of action of Subscriber or its authorized user(s) with respect to Talaya must be commenced within one (1) year after the claim or cause of action arose, or be barred.