Terms of Service

Welcome to Byte.com which is operated by CMP Media LLC. Please take a few minutes to read the following Terms of Service; you agree that these Terms of Service will govern your use of Byte.com. If you do not agree to these Terms of Service, you should not use the byte.com web site or services. We may change these Terms of Service from time to time, so please check back often.

Establishing a Byte.com Membership

To access the Byte.com site, you must become a Byte.com member. There is an annual charge for membership, which is non-refundable. You may not transfer your membership to another person, share it with anyone, or use it to impersonate anyone. You agree that you will provide us with accurate membership information (such as your real name and a valid e-mail address) and will update your membership information if it becomes outdated. We may terminate your membership if we are unable to verify or authenticate the information you provide to us.

You agree to help protect your membership by guarding your password, and by changing it as soon as possible if you believe its security has been compromised. You also agree to notify CMP Media immediately if you believe your membership has been used without your authorization. We may communicate with you via e-mail and any other similar technology for purposes relating to your membership, any orders you place with us, or any other services we provide to you.

For more information about how we treat the information you provide to us, please see our Privacy Policy, which is a part of these Terms of Service.

Posting Content to Byte.com

As a Byte.com member, you may be able to post information, and participate in message boards. CMP Media is not responsible for content posted by Byte.com's members or other users, and we do not verify, endorse or vouch for any such information or content. We do, however, enforce this Terms of Service, and you agree that your postings will not violate the Terms of Service. Specifically, you agree that you will not post content that:

• Infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights, or rights of publicity or privacy;
• Violates a nondisclosure agreement, or violates any law or regulation (including, without limitation, those governing export control, unfair competition, or false advertising)
• Is defamatory, constitutes trade libel or product disparagement, or is unlawfully threatening or harassing
• Is obscene or contains child pornography
• Contains viruses, Trojan horses, time bombs, worms, cancelbots or other computer programming routines that are intended to damage or interfere with the operation of any system, data, or personal information.

You also agree that you will not:

• Reproduce, distribute, republish or retransmit material posted by any other Byte.com users without the permission of that user and CMP Media.
• Attach, upload or transmit any content to Byte.com that infringes the patent, trademark, trade secret, copyright, or other proprietary rights of any party.

When you submit content to a Byte.com message board, you automatically grant to CMP Media and its affiliates (or warrant that the owner of such content grants to CMP Media and its affiliates) a perpetual, worldwide, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content, in whole or in part, and to incorporate it in other works in any form, media or technology now known or later developed throughout the universe. You also give CMP Media and its affiliates permission to copy your posts as part of the normal backup process and to archive discussions containing your posts.

You agree to indemnify and hold CMP Media and its affiliates harmless for any loss, liability, claim, damage and expenses (including reasonable attorneys' fees) arising from or in connection with content you post to the Byte.com site. We reserve the right to remove any content from our site, with or without cause.

We ask that our users exercise appropriate caution when participating in or posting to message boards. Please remember that if you publicly disclose personal identifying information, such as your name or email address, the information may be collected and used by others. You should also take reasonable precautions with regard to any material you download (for example, scanning for viruses or other damaging computer programming routines).

Finally, if you are under age 13, please be especially careful when posting to our message boards. If another Byte.com user says something that makes you feel uncomfortable, please tell your parents or contact us at feedback@byte.com. If you are a parent and want to limit your children's access to material you believe may be harmful to them, you may want to look into commercially available hardware, software and filtering devices.

Your Responsibilities as a Byte.com User

Your use of Byte.com is subject to all applicable local, state, national and international laws and regulations, and you agree not to violate such laws and regulations. In addition, you agree that (1) you will not interfere with another member's use and enjoyment of Byte.com; (2) you will not interfere with or disrupt the security measures of Byte.com, CMP Media or its affiliates; (3) you will not interfere with or disrupt networks connected to Byte.com, CMP Media or its affiliates, and will comply with all regulations, policies and procedures of such networks; and (4) you will comply with United States law regarding the transmission of technical data exported from the United States. You also agree to indemnify and hold harmless CMP Media, as well as its parents, subsidiaries, affiliates, officers, shareholders, employees and independent contractors, from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of byte.com, your violation of these Terms of Service, or your violation of the rights of any third party.

We may terminate your Byte.com membership or suspend your access to all or part of Byte.com, without notice, if you violate these Terms of Service or if you engage in any conduct that we, in our sole discretion, believe is in violation of any applicable law or regulation or is otherwise harmful to the interests of Byte.com, CMP Media or its affiliates, any other byte.com user, or any third party. If your membership is terminated, we may, but are not required to, remove some or all of your content from our servers.

We Enjoy Hearing From You

We enjoy hearing from you and welcome your comments about our products and services (see our Contact Us section for ways to communicate with us). However, if you send us a business idea or suggestion--for example, about how to improve or expand our products and services--you agree that CMP Media and its affiliates will be completely free to implement, use or modify, in any way, your idea or suggestion (or any part of it), without any payment or other obligation to you.

About Our Site

All materials contained on the Byte.com web site, including text, graphics, icons, images and software, are the property of CMP Media, its affiliates, or its or their content suppliers and are protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of CMP Media. You may not reproduce, modify, distribute or republish materials contained on this site (except for materials you have provided to the site) without the prior written permission of CMP Media. You may not alter or remove any trademark, copyright or other notice from copies of content.

You may, however, download material from Byte.com (one machine readable copy and one print copy per page) for your personal use only. CMP Media reserves all rights in and title to the information so downloaded.

Byte, Byte.com and all other Byte.com logos and trade names are trademarks or registered trademarks of CMP Media. All other trademarks used on the Byte.com site are the property of their respective owners and may not be used without their written consent.

If you believe that any material posted on the Byte.com web site violates your rights under United States or international copyright laws, please contact us at feedback@byte.com.

Limitation of Liability

By using this site, you expressly agree that such use is at your sole risk. We endeavor to provide service of the highest quality, but we cannot guarantee that our service will be timely, secure, uninterrupted or error-free. We are not responsible for claims brought by third parties arising from your use of Byte.com.

Neither CMP Media nor any of its affiliates, officers, directors, employees, or agents, or any third-party content providers, merchants, sponsors, or licensors guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. Under no circumstances shall CMP Media (or any of its affiliates, officers, directors, employees, or agents) be liable for any loss or damage caused by your reliance on information obtained through Byte.com. It is your responsibility to evaluate the information, opinion, advice, or other content available through Byte.com.

CMP MEDIA AND ITS AFFILIATES PROVIDE THIS SITE AND ITS CONTENTS ON AN "AS IS" BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THIS SITE OR ITS OPERATION, CONTENTS, OR PRODUCTS. WE DO NOT REPRESENT OR WARRANT THAT INFORMATION AVAILABLE ON THIS SITE IS ACCURATE, CURRENT, OR COMPLETE, AND WE DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT SHALL CMP MEDIA OR ITS AFFILIATES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY, UNDER ANY THEORY, INCLUDING NEGLIGENCE, FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, ACTUAL, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST INCOME, REVENUE OR PROFITS, LOST OR DAMAGED DATA, OR OTHER COMMERCIAL OR ECONOMIC LOSS, THAT RESULT FROM YOUR USE OF, OR INABILITY TO USE, THIS SITE, EVEN IF CMP MEDIA OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE. BY USING BYTE.COM, YOU AGREE THAT THIS LIMITATION WILL APPLY TO ANY MERCHANDISE, SERVICES, AND CONTENT THAT MAY BE AVAILABLE THROUGH BYTE.COM. IN THE EVENT THAT APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR DAMAGES, YOU AGREE THAT IN NO EVENT SHALL THE TOTAL LIABILITY OF CMP MEDIA OR ITS AFFILIATES TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION OF ANY KIND EXCEED ONE HUNDRED DOLLARS ($100.00).

Any current or future links to other sites are provided as a convenience only, and we assume no responsibility or liability for the contents of those other sites, or any products or services advertised or sold on those sites.

Miscellaneous

This site is created, controlled and operated by CMP Media LLC in the State of California, U.S.A. If you choose to access this site from another location, you are responsible for complying with local laws, if and to the extent that local laws apply. CMP Media has offices at 600 Harrison Street, 4th Floor, San Francisco, CA, 94107, and can be reached by telephone at 415-947-6000. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.

We reserve the right to change the terms of this agreement without notice. The formation, construction and interpretation of this agreement shall be controlled by the laws of the State of California, regarding agreements between California residents entered into and to be performed within California, giving no effect to choice of law provisions. The U.N. Convention of Contracts for the International Sale of Goods is expressly excluded from any interpretation of this Agreement. Any dispute relating to this agreement shall be subject to the exclusive jurisdiction of the state and federal courts in San Francisco, California, U.S.A., and the parties agree to submit to the personal and exclusive jurisdiction of these courts.

If any provision of these Terms of Service is held to be unlawful, void or for any reason unenforceable, that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of the remaining provisions. These Terms of Service constitute your entire agreement with CMP Media. CMP Media reserves the right to make changes to our site, disclaimers, and policies at any time.