Terms of Use
TGC DESIGN (tgcdesign) PROVIDES THIS SITE AND RELATED SERVICES
SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS
SET FORTH BELOW. PLEASE READ THE FOLLOWING INFORMATION
CAREFULLY:
COPYRIGHT INFORMATION
Copyright 2001 TGC Design. All Rights Reserved.
All pages within this Internet site ("Site") are the property of TGC Design.
Permission (which may be revoked at any time) is granted to download the
material in this Site without alterations and for private and non-commercial use
only so long as the following copyright notice is included: Copyright 2001 TGC
Design. All Rights Reserved.
TRADEMARK NOTICE
All trademarks, service marks and logos used in this Site are the trademarks,
service marks or logos of their respective owners.
WARRANTY INFORMATION
THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED
WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED "AS IS" WITH
NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER
EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NONINFRINGEMENT. YOU ACKNOWLEDGE THAT ANY
WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY OF THE
PRODUCTS OR SERVICES DESCRIBED HEREIN IS PROVIDED SOLELY BY
THE OWNER, ADVERTISER OR MANUFACTURER OF THAT PRODUCT
AND/OR SERVICE, AND NOT BY TGC DESIGN, INC. YOU ALSO
ACKNOWLEDGE THAT YOUR ACCESS TO THE SITE AND/OR RELATED
SERVICES WILL NOT BE FREE OF INTERRUPTIONS. YOU ASSUME TOTAL
RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND SITE-
RELATED SERVICES.
NEITHER TGC DESIGN. OR ITS SPONSORS ARE RESPONSIBLE OR LIABLE
FOR ANY DIRECT, INDIRECTIDENTAL, CONSEQUENTIAL, SPECIAL,
EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT,
NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR
RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES AND/OR
CONTENT OR INFORMATION CONTAINED WITHIN THE SITE. YOUR SOLE
REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED
SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE
SITE IS TO STOP USING THE SITE AND/OR THOSE SERVICES.
A possibility exists that the Site could include inaccuracies or errors. Additionally,
a possibility exists that unauthorized additions, deletions and alterations could be
made by third parties to the Site. Although TGC Design. attempts to ensure the
integrity and the accurateness of the Site, it makes no guarantees whatsoever as
to the correctness or accuracy of the Site. In the event that such an inaccuracy
arises, please inform TGC Design. so that it can be corrected.
ACKNOWLEDGMENT
This Site may contain links to other Web sites operated by third parties ("Linked
Sites"). You acknowledge that, when you click on a link to visit a Linked Site, a
frame may appear that contains the TGC Design. logo, advertisements and/or
other content selected by TGC Design. You acknowledge that TGC Design and
its sponsors neither endorse nor are affiliated with the Linked Site and are not
responsible for any content that appears on the Linked Site. You also
acknowledge that the owner of the Linked Site neither endorses nor is affiliated
with TGC Design and its sponsors.
VOID WHERE PROHIBITED
Although the Site is accessible worldwide, not all products or services discussed
or referenced in the Site are available to all persons or in all geographic locations
or jurisdictions. TGC Design reserves the right to limit the provision of any
product or service to any person, geographic area or jurisdiction it so desires, in
its sole discretion, and to limit the quantities of any such product or service that it
provides. Any offer for any product or service made in the Site is void where
prohibited.
CODE OF CONDUCT - ACCEPTABLE USE POLICY
While using the Site or Site-related services, you agree not to engage in nay of
the following prohibited activities:
Spamming -- Sending unsolicited bulk and/or commercial messages over the
Internet (known as "spamming"). It is not only harmful because of its negative
impact on consumer attitudes toward TGC Design, but also because it can
overload TGC Designs network and disrupt service to TGC Design subscribers.
Also, maintaining an open SMTP relay is prohibited. When a complaint is
received, TGC Design has the discretion to determine from all of the evidence
whether the email recipients were from an "opt-in" email list.
Intellectual Property Violations -- Engaging in any activity that infringes or
misappropriates the intellectual property rights of others including copyrights,
trademarks, service marks, trade secrets, software piracy, and patents held by
individuals, corporations, or other entities. Also, engaging in activity that violates
privacy, publicity, or other personal rights of others. TGC Design is required by
law to remove or block access to customer content upon receipt of a proper
notice of copyright infringement. It is also TGC Designs policy to terminate the
privileges of customers who commit repeat violations of copyright laws.
Obscene Speech or Materials -- Using TGC Designs network to advertise,
transmit, store, post, display, or otherwise make available child pornography or
obscene speech or material. TGC Design is required by law to notify law
enforcement agencies when it becomes aware of the presence of child
pornography on or being transmitted through TGC Designs network.
Defamatory or Abusive Language -- Using TGC Designs network as a means
to transmit or post defamatory, harassing, abusive, or threatening language.
Forging of Headers -- Forging or misrepresenting message headers, whether in
whole or in part, to mask the originator of the message.
Illegal or Unauthorized Access to Other Computers or Networks --
Accessing illegally or without authorization computers, accounts, or networks
belonging to another party, or attempting to penetrate security measures of
another individuals system (often known as "hacking"). Also, any activity that
might be used as a precursor to an attempted system penetration (i.e. port scan,
stealth scan, or other information gathering activity).
Distribution of Internet Viruses, Worms, Trojan Horses, or Other
Destructive Activities -- Distributing information regarding the creation of and
sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing,
or denial of service attacks. Also, activities that disrupt the use of or interfere with
the ability of others to effectively use the network or any connected network,
system, service, or equipment.
Facilitating a Violation of this AUP -- Advertising, transmitting, or otherwise
making available any software, program, product, or service that is designed to
violate this AUP, which includes the facilitation of the means to spam, initiation of
pinging, flooding, mail bombing, denial of service attacks, and piracy of software.
Export Control Violations -- Exporting encryption software over the Internet or
otherwise, to points outside the United States.
Usenet Groups -- TGC Design reserves the right not to accept postings from
newsgroups where we have actual knowledge that the content of the newsgroup
violates the AUP.
Other Illegal Activities -- Engaging in activities that are determined to be illegal
including advertising, transmitting, or otherwise making available ponzi schemes,
pyramid schemes, fraudulently charging credit cards, and pirating software.
Other Activities -- Engaging in activities, whether lawful or unlawful, that TGC
Design determines to be harmful to its subscribers, operations, reputation,
goodwill, or customer relations.
TGC Design has no obligation to monitor the Site or Site-related services.
However, you acknowledge and agree that TGC Design has the right to monitor
the Site and Site-related services and to disclose any information necessary to
operate the Site properly, to protect itself and its sponsors and customers and to
comply with legal obligations or governmental requests. TGC Design reserves
the right to refuse to post or to remove any information or materials, in whole or
in part, that are unacceptable, offensive or in violation of this Agreement. TGC
Design also reserves the right to prohibit any user who, in TGC Design sole
discretion, violates the Code of Conduct or other terms of this Agreement from
using the Site and related services. Such prohibition may occur without notice to
the user.
You agree to indemnify, defend and hold harmless TGC Design and its sponsors
against any and all claims, damages, costs or other expenses that arise directly
or indirectly out of or from (a) your breach of this Agreement,(b) your violation of
the Code of Conduct and/or (c) your activities in connection with the Site or Site-
related services.
RESTRICTED RIGHTS LEGEND
Use, duplication or disclosure by the Government is subject to the restriction as
set forth in sub paragraph (c)(1)(ii) of the Rights in Technical Data and Computer
Software Clause as DFARS 252.227-7013 and FAR 52.227-19, as applicable.
Supplier is TGC Design, Box 18918, Rochester, New York, 14618.
MISCELLANEOUS
This Agreement is entered into in the State of New York and shall be governed
by and construed in accordance with the laws of the State of New York, exclusive
of its choice of law rules. Each party to this Agreement hereby submits to the
exclusive jurisdiction of the state and federal courts sitting in the Borough of
Manhattan in the City of New York in the State of New York, and waives any
jurisdictional, venue or inconvenient forum objections to such courts. In any
action to enforce this Agreement, the prevailing party will be entitled to costs and
attorneys' fees. In the event that any of the provisions of this Agreement shall be
held by a court or other tribunal of competent jurisdiction to be unenforceable,
such provisions shall be limited or eliminated to the minimum extent necessary
so that this Agreement shall otherwise remain in full force and effect and
enforceable.
This Agreement constitutes the entire agreement between the parties hereto
pertaining to the subject matter hereof, and any and all written or oral
agreements heretofore existing between the parties hereto are expressly
canceled. This Agreement may be supplemented or modified by any license or
other agreement used in connection with any software or other product that you
download, license or purchase through this Site ("Other Agreements"). Except
with respect to such Other Agreements, any modifications of this Agreement
must be in writing and signed by both parties hereto, except that TGC Design
may modify the terms of this Agreement by sending notice to you via e-mail (at
the most current e-mail address for you in TGC Design records) fourteen (14)
days in advance of the date on which such modification takes effect or by posting
notice of such modification on a page of the Site entitled "Legal Notices" or
"Legal Information" at least fourteen (14) days before the modification takes
effect.