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Terms and Conditions of Use of the Website |
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Terms
of Use
The Terms of Use define the relationship between IT Broadband
Networks ("ITBN"), and you, a user of the ITBN website, and
the entity you represent (hereinafter collectively "you" or
"your"). The section headings and subheadings contained in
this Agreement are included for convenience only, and shall
not limit or otherwise affect the terms of this Agreement.
Your use of this website is contingent upon your agreement
to these Terms of Use. By you accessing and using this Site
you are agreeing to these Terms of Use. You should visit this
page periodically to review the current Terms of Use. If you
do not agree with this Agreement, your sole recourse is not
to use the Site.
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Privacy
and Protection of Personal Information
ITBN respects your desire for privacy. Please see the ITBN
Privacy Policy here for disclosures relating to the collection
and use of your information. By using the website, you are
consenting to the processing of your data by ITBN and consenting
to the terms of our Privacy Policy.
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Materials
Available on this Site
For your convenience, ITBN makes available on this Site various
tools, utilities, software, documents and other materials
for use and/or download without charge. All of these materials,
including any updates, enhancements, new features, and/or
the addition of any new web properties, are subject to the
Terms of Use. ITBN does not make any assurance with regard
to the accuracy of the results or output that derives from
use of this Site. You should not assume that the Materials
on this web site are continuously updated or otherwise contain
current information. Please respect the intellectual property
rights of others when using the materials available on this
Site.
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General
Use
Unless otherwise specified, and excepting third party materials,
the materials on this website are for your personal and non-commercial
use. ITBN grants you, the end user, a nonexclusive, nontransferable
license to copy and use the material only for your internal
purposes. You may not copy or use the materials for others,
or mirror any portion of the Site on your Web site. COPYING
OR REPRODUCTION OF THE MATERIALS TO ANY OTHER SERVER OR LOCATION
FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED,
UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED
BY AN END USER LICENSE AGREEMENT ACCOMPANYING SUCH MATERIAL.
If the material is machine-readable software, then you may
use the software only in machine-readable form and you agree
not to modify, adapt, translate, reverse engineer, decompile,
disassemble, or otherwise attempt to discover the source code
of the software, except as expressly permitted by the law
in effect in the jurisdiction in which you are located.
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Third
Party Materials
For your convenience, ITBN makes available on this Site various
tools, utilities, software, documents and other materials
for use and/or download without charge (Freeware). ITBN does
not make any assurances with regard to the accuracy of the
results or output that derives from use of any Freeware. Please
respect the intellectual property rights of others when using
the Freeware made available on this Site. ITBN may add or
remove Freeware from the Site at any time without notice.
No Support
Provided -
ITBN endeavors to include useful Freeware on this Site. However,
no support is provided for the Freeware and you copy and use
it at your own risk.
Freeware Use
License -
The Freeware is the copyrighted work of ITBN and/or other
third parties. Use of the Freeware is governed by the terms
of the end user license agreement, if any, which accompanies
or is included with the Freeware. You will be unable to install
Freeware that is accompanied by or includes an end user license
agreement, unless you first agree to its terms. If no end
user license agreement accompanies or is included with the
Freeware, then the following end user license terms apply:
ITBN grants you, the end user, a nonexclusive, nontransferable
license to copy and use the Freeware only for your internal
purposes. You may not copy or use the Freeware for others.
COPYING OR REPRODUCTION OF THE FREEWARE TO ANY OTHER SERVER
OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS
EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION
IS EXPRESSLY PERMITTED BY AN END USER LICENSE AGREEMENT ACCOMPANYING
SUCH FREEWARE. If the Freeware is machine-readable software,
then you may use the software only in machine-readable form
and you agree not to modify, adapt, translate, reverse engineer,
decompile, disassemble, or otherwise attempt to discover the
source code of the software, except as expressly permitted
by the law in effect in the jurisdiction in which you are
located.
WARRANTY DISCLAIMER
AND LIMITATION ON LIABILITY -
THE FREEWARE AND SITE CONTENT IS PROVIDED "AS IS" AND ITBN
HEREBY DISCLAIMS ALL EXPRESSED OR IMPLIED WARRANTIES AND CONDITIONS
WITH REGARD TO THE FREEWARE, INCLUDING ALL IMPLIED WARRANTIES
AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL ITBN
AND/OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR
CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING
FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF
CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT
OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE FREEWARE
OR ITBN' FAILURE TO PROVIDE ANY SUPPORT OR SERVICES FOR THE
FREEWARE.
ITBN DOES NOT WARRANT THAT THE SITE CONTENT OR FREEWARE WILL
BE FREE FROM ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, VIRUSES,
MALICIOUS CODE OR OTHER DAMAGING ELEMENTS.
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Trademarks
The ITBN website and its content are protected by international
copyright, trademark, and other laws. ITBN company names and
logos and all related product and service names, design marks
and slogans are the trademarks or service marks of ITBN or
its subsidiaries. You may not use any ITBN company name or
mark in any advertising, publicity or in any other commercial
manner without the prior written consent of ITBN.
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Ownership,
Restrictions on Use
All materials contained in this Site, including software available
for download, except third-party materials as referenced in
Item 5 above, are the copyrighted property of ITBN. To reproduce,
republish, upload, post, transmit, modify, distribute or publicly
display material from this Site for commercial purposes, you
must first obtain written permission from ITBN. Permission
to use documents (such as white papers, press releases, datasheets,
and FAQs) is granted, provided that:
a) The copyright notice
appears in all copies and that both the above copyright notice
and this permission notice appear;
b) You will not copy or distribute graphics separate from
their accompanying text and you will not quote materials out
of their context;
c) The use of such documents is for informational and non-commercial
or personal use only and will not be copied or posted on any
network computer nor broadcast in any media; and
d) No modifications of any documents are made.
The permission above
to use documents and publications does not include permission
to copy the design elements, look and feel, or layout of this
website. Those elements of the website are protected by law,
such as trade dress, trademark, unfair competition, and other
laws and may not be copied or imitated in whole or in part.
No logo, graphic, sound or image from the website may be copied
or retransmitted unless expressly permitted by ITBN.
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Communication
Services
There are opportunities within the Site for you to actively
participate. Except for any disclosure by you for technical
support purposes, or as specified in our Privacy Statement,
all communications from you to this web site will be considered
non-confidential and non-proprietary. You agree that any and
all comments, information, feedback and ideas regarding our
company, products or services that you communicate to ITBN
("Feedback") will be deemed, at the time of communication
to ITBN, the property of ITBN, and ITBN shall be entitled
to full rights of ownership, including without limitation,
unrestricted right to use or disclose such Feedback in any
form, medium or technology now known or later developed, and
for any purpose, commercial or otherwise, without compensation
to you. You are solely responsible for the content of your
communications and their legality under all laws and regulations.
You agree not to use this web site to distribute, link to
or solicit content that is defamatory, harassing, unlawful,
libelous, harmful to minors, threatening, obscene, false,
misleading, or infringing a third party intellectual or privacy
rights. Although ITBN is not obligated to do so, it will have
the right to review your communications on this web site to
determine whether they comply with our Terms of Use.
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Endorsements;
Web Links
All products and service marks contained herein that are not
ITBN marks are the trademarks of their respective owners.
References that we make to any names, marks, products or services
of third parties or hypertext links to third party sites or
information do not necessarily constitute or imply ITBN's
endorsement, sponsorship or recommendation of the third party,
information, product or service. ITBN has not tested and makes
no representations concerning the information provided or
made available on such sites nor the correctness, quality,
performance, or acceptability of the products or services
offered by any persons or entities referenced in any such
sites. ITBN IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER
FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. ITBN IS
PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE
INCLUSION OF ANY LINK DOES NOT IMPLY THAT ITBN ENDORSES OR
ACCEPTS ANY RESPONSIBILITY FOR THE CONTENT ON SUCH THIRD-PARTY
SITES. You should research and assess the risks which may
be involved in accessing and using any software on the Internet
before using it. When you access a non-ITBN web site, you
acknowledge that it is independent from ITBN, and that ITBN
has no control over the content on that web site and does
not endorse or accept any responsibility for the content,
or the use, of such web site.
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No
Support Provided
ITBN endeavors to include useful materials on this Site. However,
no support will be provided for the materials you copy. You
are using this Site at your own risk.
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Warranty
Disclaimer and Limitation on Liability
THE MATERIALS AND SITE CONTENT IS PROVIDED "AS IS" AND ITBN
HEREBY DISCLAIMS ALL EXPRESSED OR IMPLIED WARRANTIES AND CONDITIONS
WITH REGARD TO THE MATERIAL AND SITE CONTENT, INCLUDING ALL
IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO
EVENT SHALL ITBN AND/OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL,
INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER
RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN
ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING
OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE
MATERIALS PROVIDED HEREIN OR ITBN' FAILURE TO PROVIDE ANY
SUPPORT OR SERVICES FOR THE MATERIALS PROVIDED HEREIN.
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Indemnity
You hereby release, and agree to indemnify and hold harmless
ITBN and its subsidiary corporations and their respective
officers, employees and agents from any and all claims, demands,
causes of actions, liabilities, damages, costs and expenses,
including reasonable attorneys' fees, arising out of your
use or viewing of the ITBN website and its content.
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Termination,
Modifications, and Suspension
ITBN may discontinue, suspend, or modify this website at any
time without notice, and ITBN may block, terminate, or suspend
your and any user's access to this websiteat any time for
any reason in its sole discretion, even if access continues
to be allowed to others. ITBN's failure to act with respect
to a breach by you or others does not waive ITBN's right to
act with respect to subsequent or similar breaches. The failure
of ITBN to exercise or enforce any right or provision of these
terms and conditions shall not constitute a waiver of such
right or provision.
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No
Unlawful or Prohibited Use
As a condition of your use of this website, you will not use
any products or services contained herein for any purpose
that is unlawful or prohibited by these terms, conditions,
and notices or by applicable law. You may not use this website
or its contents in any manner that could damage, disable,
overburden, or impair any ITBN server, or the networks connected
to any ITBN server, or interfere with any other party's use
and enjoyment of this website or any of its products and services.
You may not attempt to gain unauthorized access to any services,
accounts, computer systems, or networks connected to any ITBN
server or to any of the services, through hacking, password
mining, or any other means. You may not obtain or attempt
to obtain any materials or information through any means not
intentionally made available through this website.
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Revisions
of Terms of Use
ITBN may amend or modify these Terms of Use at any time without
notice. Any use of the site by you after such update shall
be deemed to constitute acceptance by you of such amendments
or modifications. The most current version of the Terms of
Use can be reviewed by clicking on the "Terms of Use" hypertext
link. To make your review more convenient, we will post a
version number or date at the bottom of this page. This Agreement
may not be changed or modified without the written consent
of ITBN. You should visit this page periodically to review
the current Terms of Use.
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