|MICROTELECOM TERMS OF SERVICE|
The following Terms of Service ("Terms") are applicable to all of the websites owned and/or operated by MicroTelecom LLC (" MicroTelecom "), including --MicroTelecomPOS.com and MicroTelecom.Net, Your use of any of these websites (collectively, the "Website") and the services (the "Services") provided by MicroTelecom via the Website are subject to these Terms and any additional terms and/or policies that may be published by MicroTelecom from time to time. All such policies are incorporated by reference into these Terms. The Terms comprise the entire agreement between you and MicroTelecom and supersede any and all prior agreements regarding the Services.
1. Acceptance of Terms BY USING THE WEBSITE AND THE SERVICES, YOU AGREE TO BE BOUND BY AND TO COMPLY WITH THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, YOU ARE NOT PERMITTED TO USE THE WEBSITE OR ANY OF THE SERVICES. These Terms will be strictly enforced and violators may, at the sole discretion of MicroTelecom , be suspended or restricted from all or portions of the Website.
2. Description of Service MicroTelecom offers a wide range of Services, including the capability to create and post digital files, the capability to submit and reply to Request for Proposals, discussion forums and other community features, classified advertisements, and a virtual store. Fees, if any, for certain of the Services are set out in our pricing area. To access some of the Services, you will require a separate account and password that can be obtained by completing an online registr MicroTelecom on form. You agree that all information which you provide on such forms ("Registration Data") will be true and complete, and that you will maintain and update your Registration Data to keep this inform MicroTelecom on true and complete. MicroTelecom reserves the right to terminate your account if your Registration Data is or becomes false or misleading in any respect. You agree not to hold MicroTelecom liable for any damage to, any deletion of, or any failure to store your files or data (including your Registration Data).
3. Privacy Statement You agree and consent to the manner in which MicroTelecom shall use, disclose and maintain your Registration Data and other personal inform MicroTelecom on, as set out in MicroTelecom 's privacy statement.
4. Grant of Limited License By submitting information to the Website, you warrant to MicroTelecom that you have the full right and authority to submit such inform MicroTelecom on, and that it will not infringe nor is it subject to any copyright or proprietary right of a third party.
5. Security of Your Account and Password You are responsible for maintaining the confidentiality of your passwords and accounts and for any and all activities that occur under your account. You agree to immediately notify MicroTelecom of any unauthorised use of your passwords or accounts.
7. Your Conduct MicroTelecom encourages your use of all Services and promotes the free flow of ideas and wide-ranging discussion on marketing, advertising and cre MicroTelecom ve issues and related areas. However, certain conduct carries potential risks to MicroTelecom and cannot be allowed. MicroTelecom therefore requires all users to comply with the following code of conduct ("Code of Conduct"):
8. Content MicroTelecom neither endorses nor assumes any liability for the content of any material uploaded or submitted by users of the Website. The Website acts only as a passive conduit to display information submitted by its members. MicroTelecom retains the right to delete any content that it deems, in its sole discretion, to violate the Code of Conduct or any other provision of these Terms, but makes no claim to ensure that objectionable or illegal content will be removed from the Website. You hereby consent to such removal and waive any claim against MicroTelecom arising out of such action. You acknowledge and agree that, during the course of providing the Website, MicroTelecom may be required to grant access to a third party and/or decrypt files in response to a court order. You hereby consent to such legal production and waive any claim against MicroTelecom arising out of such court order.
9. Copyrights The entire content of the Website in the aggregate is copyrighted by MicroTelecom as a collective work under copyright laws and intern MicroTelecom onal conventions. Any software used by MicroTelecom in connection with the Website and the Services is also protected by applicable intellectual property laws. Portions of the Website are provided to MicroTelecom under license. The copying, reproduction, publication or distribution of any portion of the Website is strictly prohibited, unless expressly authorised in writing by MicroTelecom . No copyrighted material may be uploaded or submitted to the Website by anyone without the written permission of the copyright owner or persons authorised by the copyright owner. You are solely responsible for obtaining all such necessary permission at your sole cost and expense before uploading any such material to the Website. You acknowledge that content, including but not limited to text, music, sound, photographs, video, graphics or other material contained on the Website is owned or licensed by MicroTelecom and/or other third parties and is protected by copyrights, trade-marks and/or other rights and laws. You may download and/or use the material available on the Website for your personal, non-commercial purposes or otherwise in accordance with additional terms agreed to at the time of downloading. Except as may be permitted by law, you are responsible for obtaining permission from the copyright owner before reusing any copyrighted material that is on the Website. In the event of any permitted copying, redistribution or publication of copyrighted material from the Website, no changes in or deletion of author attribution, trade-mark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material from the Website.
10. Trade-marks: MicroTelecom & MicroTelecom POS are marks of MicroTelecom LLC. whether or not registered. Without prior written permission of MicroTelecom , you agree not to display or use these marks.
11. Notice All notices shall be deemed to be given by any means including, but not limited to email or conventional mail to the address provided in the Registration Data, or notices or messages posted on the Website.
12. Access to Third Party Websites MicroTelecom is not responsible for, makes no warranty or representation regarding, and will not be liable for, any damages resulting from the products, services, content or any other aspect of any third party website available through the Website. If you decide to access any such third party website, you do so entirely at your own risk.
13. Modific MicroTelecom ons of Terms MicroTelecom reserves the right to change these Terms from time to time. Such changes, modific MicroTelecom ons, additions or deletions shall be effective immediately, upon notice thereof, which may be given in accordance with Section 13 of these Terms. You acknowledge and agree that it is your responsibility to maintain a valid email address as a registered user, to review these Terms and the Privacy Statement periodically and to be aware of any modific MicroTelecom ons. Your continued use of the Website after notification in accordance with Section 13 hereof of such modific MicroTelecom ons will constitute your acknowledgement of the modified Terms and agreement to abide and be bound by the modified Terms.
14. Modific MicroTelecom ons to Websites MicroTelecom reserves the right to modify or discontinue all or any portion of the Website, including any features therein at any time with or without notice to you. MicroTelecom shall not be liable to you or any third party should MicroTelecom exercise such right. Modific MicroTelecom ons may include, but are not limited to, changes in the pricing structure, the addition of fee-based services or changes to limit MicroTelecom ons on free services.
15. Indemnification You agree to defend, indemnify and hold MicroTelecom , its subsidiaries, affiliates, directors, officers, employees, agents and partners harmless from any claim or demand, including reasonable legal fees and expenses, due to or arising out of your use of the Website and/or the Services, any content you submit, download or transmit through the Website, or your violation of these Terms. This includes, but is not limited to, any claims for violation of any copyright, any claims which cause direct or indirect damage or harm to a third party trademark or other intellectual property rights, or any claim of defam MicroTelecom on, slander or libel.
16. Termination You agree that MicroTelecom may, in its sole discretion, terminate, suspend or restrict your access to all or part of the Website or Services for any reason, including, without limit MicroTelecom on, breach of the Code of Conduct or any other provision of these Terms. Any suspected fraudulent, abusive or illegal activity shall be grounds for terminating your access and may be referred to appropriate law enforcement authorities. Should you object to the Terms or any subsequent modifications thereto or become disssfied with the Website in any way, your only recourse is to immediately discontinue use of the Website and notify MicroTelecom that you wish to terminate your registron and be removed from any MicroTelecom database(s). You may notify MicroTelecom customer service by e-mail at support@MicroTelecomPOS.com or telephone (718) 874-8425.
17. Disclaimer of Warranties YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MicroTelecom EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MicroTelecom MAKES NO WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. NOR DOES MicroTelecom MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMation OBTAINED THROUGH THE WEBSITE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM UPLOADING AND/OR DOWNLOADING SUCH MATERIAL AND/OR DATA. MicroTelecom MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE WEBSITE.
18. Limitation of Liability: MicroTelecom , ITS AFFILIATES AND SUBSIDIARIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE WEBSITE INCLUDING ANY DAMAGE THAT RESULTS FROM UNAUTHORIZED ACCESS TO OR ALTERation OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, EVEN IF MicroTelecom HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MicroTelecom 'S LIABILITY SHALL BE LIMITED TO ONE HUNDRED DOLLARS IN ANY JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OR LIMITation OF CERTAIN WARRANTIES OR LIABILITIES.
19. Miscellaneous The Terms shall be governed by and construed in accordance with the laws of the State of New Jersey, USA. You agree to submit to the non-exclusive jurisdiction of the courts located in the State of New Jersey, USA. If any provision(s) of the Terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. MicroTelecom 's failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision unless agreed to by MicroTelecom in writing. You agree that you may initiate any cause of action arising out of or related to your use of the Website must commence within one (1) year after the cause of action arose. The section titles in the Terms are solely used for the convenience of the parties and have no legal or contractual significance. These Terms are binding upon and shall enure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal represent MicroTelecom ves and permitted assigns. You shall not assign or transfer your rights or oblig MicroTelecom ons hereunder or otherwise without MicroTelecom 's prior written consent.