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 the 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.