The following are the terms and conditions for use of the
ContactNet service including without limitation contact, call, email, and other services
which may be offered from time to time by Automated Office Systems for use with your
ContactNet account login name (each feature individually and collectively referred to as
the "Service"). Please read them carefully. This Service is provided to
individuals who are at least 18 years old or minors who have parental permission to open
and maintain an account. BY CLICKING THE "I ACCEPT" BUTTON AND COMPLETING THE
REGISTRATION PROCESS, YOU ARE STATING THAT YOU ARE ELIGIBLE FOR AN ACCOUNT AND THAT YOU
AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS OF THE SERVICE ("TOS").
The Service is offered to you conditioned on your acceptance without modification of
the terms, conditions, and notices contained herein.
1. MEMBER ACCOUNT, PASSWORD, AND SECURITY
To open an account, you must complete the registration process by providing us with
current, complete and accurate information as prompted by the Registration Form. We will
then provide you with a password and an account. You are entirely responsible for
maintaining the confidentiality of your password and account. Furthermore, you are
entirely responsible for any and all activities that occur under your account.
You agree to notify Automated Office Systems immediately of any unauthorized use of
your account or any other breach of security.
2. MEMBER PRIVACY
It is Automated Office Systems's policy to respect the privacy of its members.
Automated Office Systems will not monitor, edit, or disclose any personal information
about you or your use of the Service, including its contents, without your prior
permission unless Automated Office Systems has a good faith belief that such action is
necessary to: (1) conform to legal requirements or comply with legal process; (2) protect
and defend the rights or property of Automated Office Systems; (3) enforce the TOS; or (4)
act to protect the interests of its members or others. For more information, see the ContactNet Privacy Statement.
Some personal information you provide to Automated Office Systems may be stored outside
of the country in which you reside.
You agree that Automated Office Systems may access your account, including its
contents, as stated above or to respond to service or technical issues.
3. MEMBER CONDUCT
As a condition of your use of the Service, you warrant to Automated Office Systems that
you will not use the Service for any purpose that is unlawful or prohibited by these
terms, conditions, and notices.
You agree to abide by all applicable local, state, national and international laws and
regulations and are solely responsible for all acts or omissions that occur under your
account or password, including the content of your transmissions through the Service. By
way of example, and not as a limitation, you agree not to:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as
rights of privacy and publicity) of others.
- Publish, distribute or disseminate any inappropriate, profane, defamatory, infringing,
obscene, indecent or unlawful material or information.
- Harvest or otherwise collect information about others, including email addresses,
without their consent.
- Create a false identity for the purpose of misleading others.
- Transmit or upload any material that contains viruses, trojan horses, worms, time bombs,
cancelbots, or any other harmful or deleterious programs.
- Transmit or upload any material that contains software or other material protected by
intellectual property laws, rights of privacy or publicity or any other applicable law
unless you own or control the rights thereto or have received all necessary consents.
- Interfere with or disrupt networks connected to the Service or violate the regulations,
policies or procedures of such networks.
- Attempt to gain unauthorized access to the Service, other accounts, computer systems or
networks connected to the Service, through password mining or any other means.
- Violate any applicable laws or regulations including, without limitation, laws regarding
the transmission of technical data or software exported from the United States through the
service.
- Interfere with another member's use and enjoyment of the Service or another individual's
or entity's use and enjoyment of similar services.
Automated Office Systems has no obligation to monitor the Service or any user's use
thereof or retain the content of any user session. However, Automated Office Systems
reserves the right at all times to monitor, review, retain and/or disclose any information
as necessary to satisfy any applicable law, regulation, legal process or governmental
request.
4. DISCLAIMERS/LIMITATION OF LIABILITY
The information and services included in or available through the Service may include
inaccuracies or typographical errors. Changes are periodically added to the information
herein. Automated Office Systems and/or its respective suppliers may make improvements
and/or changes in the Service at any time.
Automated Office Systems does not represent or warrant that the Service will be
uninterrupted or error-free, that defects will be corrected, or that the Service or the
server that makes it available, are free of viruses or other harmful components. Automated
Office Systems does not warrant or represent that the use or the results of the use of the
Service or the materials made available as part of the Service will be correct, accurate,
timely, or otherwise reliable.
You specifically agree that Automated Office Systems shall not be responsible for
unauthorized access to or alteration of your transmissions or data, any material or data
sent or received or not sent or received, or any transactions entered into through the
Service. You specifically agree that Automated Office Systems is not responsible or liable
for any threatening, defamatory, obscene, offensive or illegal content or conduct of any
other party or any infringement of another's rights, including intellectual property
rights. You specifically agree that Automated Office Systems is not responsible for any
content sent using and/or included in the Service by any third party.
AUTOMATED OFFICE SYSTEMS AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT
THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE SERVICE FOR
ANY PURPOSE. THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.
AUTOMATED OFFICE SYSTEMS AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES
AND CONDITIONS WITH REGARD TO THE SERVICE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
IN NO EVENT SHALL AUTOMATED OFFICE SYSTEMS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY
DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES
WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS,
ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SERVICE OR
RELATED WEB SITES, WITH THE DELAY OR INABILITY TO USE THE SERVICE OR RELATED WEB SITES,
THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SERVICE, OR OTHERWISE ARISING
OUT OF THE USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY OR OTHERWISE, EVEN IF AUTOMATED OFFICE SYSTEMS OR ANY OF ITS SUPPLIERS HAS BEEN
ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE,
OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING
THE SERVICE AND ITS RELATED WEB SITES.
5. INDEMNIFICATION
You agree to indemnify and hold Automated Office Systems, its parents, subsidiaries,
affiliates, officers and employees, harmless from any claim, demand, or damage, including
reasonable attorneys' fees, asserted by any third party due to or arising out of your use
of or conduct on the Service.
6. TERMINATION
Automated Office Systems may terminate your access to any part or all of the Service
and any related service(s) at any time, with or without cause, with or without notice,
effective immediately, for any reason whatsoever.
Automated Office Systems may also terminate your account for inactivity, which is
defined as failing to log into the Service for an extended period of time, as determined
by Automated Office Systems. The amount of time that Automated Office Systems currently
views as an "extended" period of time is a first log-on 30 days or later after
registration and after an initial log-on, 90 days since your last log-on. Upon termination
of the Service, your right to use the Service immediately ceases.
If you wish to terminate your account, your only recourse is to discontinue the use of
the Service.
Automated Office Systems shall have no obligation to maintain any content in your
account.
7. PROPRIETARY RIGHTS TO CONTENT
You acknowledge that content, including but not limited to text, software, music,
sound, photographs, video, graphics or other material contained in either sponsor
advertisements or electronically distributed, commercially produced information presented
to you by the Service, by Automated Office Systems, or Automated Office Systems's
Advertisers or other content providers, is protected by copyrights, trademarks, service
marks, patents or other proprietary rights and laws. You may make a copy of this content
for your personal, non-commercial use only, provided that you keep all copyright and other
proprietary notices intact. You may not modify, copy, reproduce, republish, upload, post,
transmit, or distribute in any way content available through the Service and its
associated Web sites, including code and software.
8. MODIFICATIONS TO TERMS OF SERVICE, MEMBER POLICIES
Automated Office Systems reserves the right to change the TOS or policies regarding the
use of the Service at any time and to notify you by posting an updated version of the TOS
on this Web site. You are responsible for regularly reviewing the TOS. Continued use of
the Service after any such changes shall constitute your consent to such changes.
9. GENERAL
This agreement is governed by the laws of the State of Georgia, and the United
States ofAmerica. Use of the Service is unauthorized in any jurisdiction that does not
give effect to all provisions of these terms and conditions, including without limitation
this paragraph. You agree that no joint venture, partnership, employment, or agency
relationship exists between you and Automated Office Systems as a result of this agreement
or use of the Service. Automated Office Systems's performance of this agreement is subject
to existing laws and legal process, and nothing contained in this agreement is in
derogation of Automated Office Systems's right to comply with governmental, court and law
enforcement requests or requirements relating to your use of the Service or information
provided to or gathered by Automated Office Systems with respect to such use. If any part
of this agreement is determined to be invalid or unenforceable pursuant to applicable law
including, but not limited to, the warranty disclaimers and liability limitations set
forth above, then the invalid or unenforceable provision will be deemed superseded by a
valid, enforceable provision that most closely matches the intent of the original
provision and the remainder of the agreement shall continue in effect. Unless otherwise
specified herein, this agreement constitutes the entire agreement between the user and
Automated Office Systems with respect to the Service (excluding the use of any software
which may be subject to an end-user license agreement) and it supersedes all prior or
contemporaneous communications and proposals, whether electronic, oral or written, between
the user and Automated Office Systems with respect to the Service. A printed version of
this agreement and of any notice given in electronic form shall be admissible in judicial
or administrative proceedings based upon or relating to this agreement to the same extent
and subject to the same conditions as other business documents and records originally
generated and maintained in printed form. You and Automated Office Systems agree that any
cause of action arising out of or related to this Service must commence within one (1)
year after the cause of action arose; otherwise, such cause of action is permanently
barred. The section titles in the TOS are solely used for the convenience of the parties
and have no legal or contractual significance.
10. LANGUAGE
It is the express will of the parties that this agreement and all related documents
have been drawn up in English. C'est la volonté expresse des parties que la présente
convention ainsi que les documents qui s'y rattachent soient rédigés en anglais.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the Service are: Copyright (c) 1999 Automated Office Systems, Inc.
and/or its suppliers, c/o Automated Office Systems Corporation, 8725 Roswell Rd. Suite
O-117 Dunwoody, GA 30350-7500 U.S.A. All rights reserved.
TRADEMARKS. Automated Office Systems, ContactNet and/or other Automated Office Systems
products and services referenced herein are either trademarks or registered trademarks of
Automated Office Systems. The names of actual companies and products mentioned herein may
be the trademarks of their respective owners.
The example companies, organizations, products, people and events depicted herein are
fictitious. No association with any real company, organization, product, person, or event
is intended or should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed
copyright infringement should be sent to Service Provider's Designated Agent. See Notice and Procedure for Making
Claims of Copyright Infringement.