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Terms of Use
The LAN Management Network is an interactive on-line service operated by LAN
Management on the World Wide Web of the Internet, consisting of information
services, content, computer hardware, networks and communications services
provided by LAN Management, affiliates of LAN Management and other third
parties. "Subscriber" means each person who establishes or accesses a connection
("Account") for access to and use of the LAN Management Network or service.
This site contains copyrighted material, trademarks and other proprietary
information, including, but not limited to, text, software, photos, video,
graphics, music and sound. The entire contents of the LAN Management site are
copyrighted as a collective work under the United States copyright laws. LAN
Management owns a copyright in the selection, coordination, arrangement and
enhancement of such content, as well as in the content original to it. User's
may not modify, publish, transmit, participate in the transfer or sale, create
derivative works, or in any way exploit, any of the content, in whole or in
part. User may download copyrighted material for User's personal use only.
Except as otherwise expressly permitted under copyright law, no copying,
redistribution, retransmission, publication or commercial exploitation of
downloaded material will be permitted without the express written permission of
LAN Management the copyright owner. In the event of any permitted copying,
redistribution or publication of copyrighted material, no changes in or deletion
of author attribution, trademark legend or copyright notice shall be made. User
acknowledges that it does not acquire any ownership rights by downloading
copyrighted material.
The Subscriber represents and warrant that all users of the LAN Management
Network approved by you are at least eighteen (18) years of age. The Subscriber
has the legal capacity and authority to; (a) enter into binding contracts for
the sale and purchase of goods and services, (b) be bound by these Terms of
Service and the Additional Terms, (c) to subscribe to and use the LAN Management
service, including, where applicable, the buying, selling and listing of items,
in accordance with these Terms of Service and any Additional Terms and (d) If
you are acting in a corporate capacity, to bind your company.
By using the LAN Management service Subscriber agrees to comply with all of the
terms and conditions hereof. The right to use LAN Management services is
personal to Subscriber and is not transferable to any other person or entity.
Subscriber is responsible for all use of Subscriber's Account (under any screen
name or password) and for ensuring that all use of Subscriber's Account complies
fully with the provisions of this Agreement. Subscriber shall be responsible for
protecting the confidentiality of Subscriber's password(s), if any.
If any product or service offered on any LAN Management web Site requires you to
open an account, you must complete the registration process by providing
complete, current, true and accurate information as prompted by the registration
form. The Subscriber agrees to update your account information whenever it
changes. The Subscriber agrees to notify LAN Management immediately of any
unauthorized use of your account or any other breach of security. LAN Management
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 LAN Management or another party
due to someone else using your account or password. You may not use anyone
else’s account at any time, with or without the permission of the account
holder.
Subscriber shall use LAN Management for lawful purposes only. Subscriber shall
not post or transmit through LAN Management any material which violates or
infringes in any way upon the rights of others, which is unlawful, threatening,
abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene,
profane or otherwise objectionable, which encourages conduct that would
constitute a criminal offense, give rise to civil liability, harm minors in any
way, impersonate any person or entity, forge headers or otherwise manipulate
identifiers in order to disguise the origin of any content transmitted through
the service, 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 equipment, interfere with or disrupt the service
or servers or networks connected to the service, violate any applicable local,
state, national or international law.
Any attempts to access, read, delete, copy, modify data, log files or exceed
access levels in any unauthorized areas, on systems or other areas outside of
those areas permitted is prohibited. If access is inadvertently gained or if
security issues, flaws or breaches are discovered they must be reported
immediately to: SECURITY. Subscriber agrees to comply
with all applicable local, state, federal and international laws regarding
all communications or the transmission of technical
data exported from the United States or the country in which you reside.
Any conduct by a Subscriber that in LAN Management's discretion restricts or
inhibits any other Subscriber from using or enjoying the service will not be
permitted.
Subscriber may not post or transmit through the service material that contains
advertising or any solicitation with respect to products or services without LAN
Management's prior express written permission.
Subscriber shall not use LAN Management's service to advertise or perform any
solicitation of users to become subscribers of other on-line information or
services competitive with LAN Management.
Subscriber shall not upload, post or otherwise make available on LAN Management
service any material protected by copyright, trademark or other proprietary
right without the express permission of the owner of the copyright, trademark or
other proprietary right and the burden of determining that any material is not
protected by copyright rests with Subscriber. Subscriber shall be solely liable
for any damage resulting from any infringement of copyrights, proprietary
rights, or any other harm resulting from such a submission.
The LAN Management Network is offered on the condition that the Subscriber
accepts these Terms of Service and the additional terms without modification.
You agree to familiarize yourself with and to regularly review, the Terms of
Service, the additional Terms, and other terms and guidelines found throughout
the LAN Management Network and abide by them if you choose to use the sites, or
accept the products, services or benefits, to which such terms apply.
LAN Management shall have the right at any time to change or modify the terms
and conditions applicable to Subscriber's use of LAN Management, or any part
thereof, or to impose new conditions, including, but not limited to, changing
fees and charges for use. Such changes, modifications, additions or deletions
shall be effective immediately upon notice thereof, which may be given by means
including, but not limited to, posting on LAN Management, or by electronic or
conventional mail, or by any other means by which Subscriber obtains notice
thereof. Any use of LAN Management by Subscriber after such notice shall be
deemed to constitute acceptance by Subscriber of such changes, modifications or
additions. Statements will be posted quarterly and any disputes arising from the
statement must be received in writing at our address of record within thirty
days from the posting date. If a billing error on our part has occurred you will
be issued a refund within thirty days.
LAN Management shall not be responsible for any errors or omissions contained at
this Web Site, and reserves the right to make changes without notice.
Accordingly, all information is provided "AS IS". LAN Management DISCLAIMS ALL
WARRANTIES WITH REGARD TO THE INFORMATION (INCLUDING ANY SOFTWARE) PROVIDED,
INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT. Some jurisdictions do not allow the exclusion of
implied warranties, so the above exclusion may not apply to you. In no event
shall LAN Management be liable for any damages whatsoever, and in particular LAN
Management shall not be liable for special, indirect, consequential, or
incidental damages, or damages for lost profits, loss of revenue, or loss of
use, arising out of or related to information contained in this site, whether
such damages arise in contract, negligence, tort, under statute, in equity, at
law or otherwise.
LAN Management may immediately terminate any account, which it determines, in
its sole discretion, is transmitting or is otherwise connected with any 'spam'
or other unsolicited bulk email. In addition, because damages are often
difficult to quantify, if actual damages cannot be reasonably calculated then
you agree to pay LAN Management liquidated damages of five dollars (US$5.00) for
each piece of 'spam' or unsolicited bulk email transmitted from or otherwise
connected with your account. Otherwise you agree to pay LAN Management's actual
damages, to the extent such actual damages can be reasonably calculated. You
agree that LAN Management may charge such damages to your selected Payment
Method, as set forth in the Billing section.
LAN Management MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS,
THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THE RESULTS
THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE,
THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED
OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, OR ANY
ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE 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.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LAN
Management OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED HEREIN.
The LAN Management network and service is to be used for business purposes only,
the computer systems and network are the property of LAN Management, all
communications may be monitored and you have no reasonable expectation of
privacy in your use of email, chat or any other interactive communications.
Communications shall only be in English language using Roman characters and not
be encrypted without LAN Management's prior express written permission.
LAN Management shall have the right, but not the obligation, to monitor the
content of the service to determine compliance with this Agreement and any
operating rules established by LAN Management and to satisfy any law, regulation
or authorized government request. LAN Management shall have the right in its
sole discretion to edit, refuse to post or remove any material submitted to or
posted on LAN Management. Without limiting the foregoing, LAN Management shall
have the right to remove any material that LAN Management, in its sole
discretion, finds to be in violation of the provisions hereof or otherwise
objectionable.
Subscriber agrees to defend, indemnify and hold harmless LAN Management, its
affiliates and their respective directors, officers, employees and agents from
and against all claims and expenses, including attorneys' fees, arising out of
the use of LAN Management's service by Subscriber or Subscriber's Account.
Either LAN Management or Subscriber may terminate this Agreement at any time.
Without limiting the foregoing, LAN Management shall have the right to
immediately terminate Subscriber's Account in the event of any conduct by
Subscriber which LAN Management, in its sole discretion, considers to be
unacceptable, or in the event of any breach by Subscriber of this Agreement. All
other provisions of this agreement shall survive termination of this Agreement.
Claims for enforcement, breach or violation of duties or rights under this
agreement shall be adjudicated under the laws of the State of Texas, without
reference to conflict of laws principles.
You hereby irrevocably consent to the exclusive jurisdiction and venue of courts
in Houston, Texas, U.S.A. in all disputes arising out of or relating to the use
of LAN Management services. You agree that no joint venture, partnership,
employment, or agency relationship exists between you and LAN Management as a
result of this agreement or use of the services.
Unless otherwise specified herein, this agreement constitutes the entire
agreement between the user and LAN Management with respect to the services and
it supersedes all prior or contemporaneous communications and proposals, whether
electronic, oral or written, between the user and LAN Management with respect to
the services. A printed version of this agreement and of any notice given in
electronic form shall be admissible in judicial or administrative proceedings
based upon or relating to this agreement to the same extent and subject to the
same conditions as other business documents and records originally generated and
maintained in printed form. LAN Management reserves any rights not expressly
granted herein.
LAN Management, and each of their logos are trademarks of LAN Management All
rights reserved. All other trademarks appearing on LAN Management are the
property of their respective owners.
Privacy Statement
LAN Management recognizes the importance of maintaining your privacy.
Information Collected and Use of Information:
When you visit our site, we collect some data about you including your IP
address. Your IP address is used for LAN Management's internal use only and
helps us diagnose problems with our server and administer our web site.
When you sign up for an account or volunteer information to LAN Management we
require and collect your name and e-mail address. Your e-mail address allows us
to contact you with confirmation of your account opening, order confirmations
and updates and for internal marketing purposes.
LAN Management never publishes or sells your name or e-mail address for the
purposes of marketing other products or services to you via e-mail or postal
mail.
It is possible that in the future LAN Management or its assets may be acquired
by another company. It is also possible that LAN Management may partner with or
purchase another company to continue to do business as a combined entity. In the
event that this occurs, it is possible that our customer information may be
transferred to the new business entity as one of LAN Management's assets.
Online Statement
Your Online Statement will be available monthly after you login. Subject to
applicable law, you agree that the Online Statement is the only statement of
Your Billing Account that LAN Management needs to provide to you. YOU ALSO AGREE
THAT IT IS YOUR RESPONSIBILITY TO PRINT OR STORE A COPY OF YOUR ONLINE STATEMENT
AND TO RETAIN THIS COPY FOR YOUR RECORDS. While you may request a paper copy of
Your Online Statement, you will be charged a retrieval fee. You may request a
paper copy of Your Online Statement after you login. Paper copies of Your Online
Statement will only be provided for 120 days from the date of the Online
Statement.
While extremely rare, it is our policy to cooperate with police or other
official investigations if we receive an official request for information
pertaining to an on-going investigation.
I acknowledge that I have read the Terms of Use and understand that I must
comply with this policy at all times when accessing
and using resources on the LAN Management network and my failure to comply with
the Terms of Use may result in cancellation of my privilege of use, appropriate
disciplinary action, and action by law enforcement authorities. By entering this
site I accept the Terms of Use.
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