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Simcon Technologies, Inc.
User Agreement:
The Simcon Technologies, Inc.
service (the "Service") is an online Internet Technology
service, subject to your compliance with the terms and conditions
set forth below including, all exhibits hereto.
Please read this Agreement carefully before accessing or using the
Service. By accessing or using the Service, you agree to be bound
by the terms and conditions set forth below. If you do not wish to
be bound by these terms and conditions, you may not access or use
the Service.
Simcon Technologies, Inc.
requires that upon cancellation of service the user MUST contact
our offices by phone or in writing to inform us of said
cancellation. Otherwise Simcon Technologies, Inc. will assume
service as usual and any fees associated with the existing
service.
Simcon Technologies, Inc.
may modify this Agreement at any time, and such modifications
shall be effective immediately upon posting of the modified
Agreement. You agree to review the Agreement periodically to be
aware of such modifications and your continued access or use of
the Service shall be deemed your conclusive acceptance of the
modified Agreement.
Operating Policies. You agree to comply with the Operating
Policies set forth in Exhibit A (as they may be amended by Simcon Technologies, Inc.
from time to time), which are the rules that govern your activity
in connection with the Service. Simcon Technologies, Inc. has the
right but not the obligation to remove any communications and
materials that Simcon Technologies, Inc. believes in its sole
discretion violate the Operating Policies.
Exhibit A
Operating
Policies:
Your participation in on-line communications occurs in real time
and is not edited, censored, or otherwise controlled by Simcon Technologies, Inc..
Simcon Technologies, Inc. cannot and does not screen content
provided by users of the Service. Notwithstanding the foregoing, Simcon Technologies, Inc.
reserves the right to monitor content on the Service and to remove
content which Simcon Technologies, Inc., in its sole discretion,
determines to be harmful, offensive, or otherwise in violation of
these Operating Policies. In order to maintain an informative and
valuable service that meets the needs of the users of the Service
and avoids the harm that can result from disseminating statements
that are false, malicious, violate of the rights of others, or
otherwise harmful, it is necessary to establish the following
rules to protect against abuse:
(1) Unless you are participating in an area of the Service that
requires or encourages anonymity, use your real name in online
communications.
(2) You may not post or transmit any message which is libelous,
defamatory or which discloses private or personal matters
concerning any person. You may not post or transmit any message,
data, image or program which is indecent, obscene or pornographic.
(3) You may not post or transmit any message, data, image or
program that would violate the property rights of others,
including unauthorized copyrighted text, images or programs, trade
secrets or other confidential proprietary information, and
trademarks or service marks used in an infringing fashion.
(4) You may not interfere with other users use of the Service.
(5) You may not post or transmit any file which contains viruses,
worms, "Trojan horses" or any other contaminating or
destructive features.
(6) You may not post or transmit any message which is harmful,
threatening, abusive or hateful. It is not the Service's intent to
discourage you from taking controversial positions or expressing
vigorously what may be unpopular views; however, Simcon Technologies, Inc.
reserves the right to take such action as it deems appropriate in
cases where the Service is used to disseminate statements which
are deeply and widely offensive and/or harmful.
(7) You may not post or transmit charity requests, petitions for
signatures, chain letters or letters relating to pyramid schemes.
You may not post or transmit any advertising, promotional
materials or any other solicitation of other users of the Service
for goods or services except in those areas (e.g., a classified
bulletin board) that are designated for such purpose.
(8) You may not post or list articles which are off-topic
according to the description of the group or list or send
unsolicited mass emailings to 10 people if such e-mail could
reasonably be expected to provoke complaints from its recipients.
(9) You may not use the facilities and capabilities of the Service
to conduct any activity or solicit the performance of any illegal
activity or other activity which infringes the rights of others.
Use of the Service. You understand that, except for information,
products or services clearly identified as being supplied by Simcon Technologies, Inc.,
Simcon Technologies, Inc. does not operate, control or endorse any
information, products or services on the Internet in any way.
Except for Simcon Technologies, Inc.-identified information,
products or services, all information, products and services
offered through the Service or on the Internet generally are
offered by third parties that are not affiliated with Simcon Technologies, Inc..
You also understand that Simcon Technologies, Inc. cannot and does
not guarantee or warrant that files available for downloading
through the Service will be free of infection or viruses, worms,
Trojan horses or other code that manifest contaminating or
destructive properties. You are responsible for implementing
sufficient procedures and checkpoints to satisfy your particular
requirements for accuracy of data input and output, and for
maintaining a means external to the Service for the reconstruction
of any lost data. You assume total responsibility and risk for
your use of the Service and the Internet. Simcon Technologies, Inc.
does not make any express or implied warranties, representations
or endorsements whatsoever (including without limitation
warranties of title or noninfringement, or the implied warranties
of merchantability or fitness for a particular purpose) with
regard to the Service, any merchandise, information or service
provided through the Service or on the Internet generally, and Simcon Technologies, Inc.
shall not be liable for any cost or damage arising either directly
or indirectly from any such transaction. It is solely your
responsibility to evaluate the accuracy, completeness and
usefulness of all opinions, advice, services, merchandise and
other information provided through the Service or on the Internet
generally. Simcon Technologies, Inc. does not warrant that the
Service will be uninterrupted or error-free or that defects in the
Service will be corrected. The Service and any software made
available on the Service are provided on an "as is, as
available" basis.
You understand further that the Internet contains unedited
materials some of which are sexually explicit or may be offensive
to you. You access such materials at your risk. Simcon Technologies, Inc.
has no control over and accepts no responsibility whatsoever for
such materials.
In no event will Simcon Technologies, Inc. be liable for (I) any
incidental, consequential, or indirect damages (including, but not
limited to, damages for loss of profits, business interruption,
loss of programs or information, and the like) arising out of the
use of or inability to use the Service, or any information, or
transactions provided on the Service or downloaded or hyperlinked
from the Service, even if Simcon Technologies, Inc. or its
authorized representatives have been advised of the possibility of
such damages, or (II) any claim attributable to errors, omissions,
or other inaccuracies in the Service and/or materials or
information downloaded through, or hyperlinked from, the Service.
Because some states do not allow the exclusion or limitation of
liability for consequential or incidental damages, the above
limitation may not apply to you. In such states, Simcon Technologies, Inc.'s
liability is limited to the greatest extent permitted by law.
Unlimited hours of
usage is defined as a "reasonable" amount of continuous
usage of a dialup connection to our network. We consider this
continuous connection to be the average duration of a normal
business day activity of 8 hours. We reserve the right to
terminate connectivity beyond this reasonable duration.
Indemnification. You agree to indemnify, defend and hold harmless Simcon Technologies, Inc.,
its officers, directors, employees, agents, licensors, suppliers
and any third party information providers to the Service from and
against all losses, expenses, damages and costs, including
reasonable attorneys' fees, resulting from any violation of this
Agreement by you.
Third Party Rights. The provisions of paragraphs 3 (Use of the
Service), and 4 (Indemnification) are for the benefit of Simcon Technologies, Inc.
and its officers, directors, employees, agents, licensors,
suppliers, and any third party information providers to the
Service. Each of these individuals or entities shall have the
right to assert and enforce those provisions directly against you
on its own behalf.
Term; Termination. This Agreement may be terminated by either
party without notice at any time for any reason; provided that you
may no longer use the Service after you have terminated this
Agreement. Simcon Technologies, Inc.
requires that upon cancellation of service the user MUST contact
our offices by phone or in writing to inform us of said
cancellation. Otherwise Simcon Technologies, Inc. will assume
service as usual and any fees associated with the existing
service. The provisions of paragraphs 3 (Use of the
Service), 4 (Indemnification), 5 (Third Party Rights) and 7
(Miscellaneous) shall survive any termination of this Agreement.
Miscellaneous. This Agreement shall all be governed and construed
in accordance with the laws of the State of Ohio applicable to
agreements made and to be performed in Ohio. You agree that any
legal action or proceeding between Simcon Technologies, Inc. and
you for any purpose concerning this Agreement or the parties'
obligations hereunder shall be brought exclusively in a federal or
state court of competent jurisdiction sitting in Ohio. Any cause
of action or claim you may have with respect to the Service must
be commenced within one (1) year after the claim or cause of
action arises or such claim or cause of action is barred. Simcon Technologies, Inc.'s
failure to insist upon or enforce strict performance of any
provision of this Agreement shall not be construed as a waiver of
any provision or right. Neither the course of conduct between the
parties nor trade practice shall act to modify any provision of
this Agreement. Simcon Technologies, Inc. may assign its rights
and duties under this Agreement to any party at any time without
notice to you.
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