SISNA is an ISP providing valuable Internet access, products and services to
its subscribers and other Internet users. Through its website portal
(http://www.sisna.com) and related products and services, SISNA provides web
surfers with applications, information, and links to make the Internet
experience more productive and fun. By using SISNA’s website and services
(the “SISNA Site/Services”), you agree to the terms, conditions,
limitations, and notices set forth in this policy (the “Terms of Service”).
These Terms of Service may be updated or modified by SISNA from time to
time, in its sole discretion, and your continued use constitutes acceptance
of such changes. You can view the most current version of these Terms of
Service at http://www.sisna.com/termsofservice.asp.
No Unlawful Acts:
At all times, you agree to use the SISNA Site/Services in accordance with
these Terms of Service and in accordance with all federal, state and local
laws, ordinances, and regulations. In all circumstances, as a condition of
your use of the SISNA Site/Services, you agree that you will not use the
SISNA Site/Services for any purpose that is unlawful or in any manner which
could damage, disable, overburden or impair the operation of the SISNA
Site/Services (or the network(s) connected to any SISNASite/Services) or
interfere with any other party’s use of the SISNA Site/Services. SISNA will
take whatever lawful steps it deems appropriate, in its sole discretion, to
detect and prevent any such activities.
Personal Use—No Rights in Intellectual Property :
Unless otherwise specified, the SISNA Site/Services are for your personal
and non-commercial use. Unless expressly agreed to in writing by SISNA, you
may not modify, copy, distribute, transmit, display, perform, reproduce,
publish, license, create derivative works from, transfer, or sell any
information, software, products or services obtained through the SISNA
Site/Services.
Privacy Policy:
Under our privacy policy, SISNA may disclose to third parties certain
aggregate information about our subscribers and users. SISNA will not
disclose any of your personally identifiable information, such as your name,
address, email address or telephone number, without your prior written
consent, except as required by law. A complete statement of our privacy
policy can be found at http://www.sisna.com/privacypolicy.asp.
Your Account Information:
When using the SISNA Site/Services, particularly in communicating with
others, always use caution when giving out any personally identifying
information about yourself, including information about your family. You
are responsible for maintaining the confidentiality of your account number
and/or password. You are responsible for all uses of your account, whether
or not actually or expressly authorized by you.
Links to Third Party Sites and Content
SISNA's Site/Services contain content aggregated from third parties, as well
as links to third party websites and/or content. Because such websites
and/or content are not under our control, SISNA make no guarantee as to the
accuracy, currency, substance or quality of any such sites and/or content.
SISNA provides such links and/or content as a convenience to you, and the
inclusion of any link or content does not imply endorsement by SISNA of such
information. SISNA assumes no responsibility as to whether the content,
links or any search through the SISNA Site/Services will locate unintended
or objectionable material.
Any dealings with third parties (including advertisers) through the SISNA
Site/Services or participation in promotions, including the delivery of and
the payment for goods and services, and any other terms, conditions,
warranties or representations associated with such dealings or promotions,
are solely between you and the advertiser or other third party. SISNA shall
not be responsible or liable for any part of any such dealings or
promotions. You are responsible for viewing and abiding by any rules or
regulations governing use of the third party websites and/or information.
Communications and Prohibited Actions:
The SISNA Site/Services may contain e-mail services, bulletin board
services, chat areas, news groups, forums, communities, personal web pages,
calendars, notepads, and/or other message or communication applications. You
agree to use such applications only to post, send and receive messages and
material that are proper. Users alone are responsible for the contents of
any messages as well as the consequences of any such messages.
You agree that you will not use SISNA’s services for chain letters, junk
mail, "spamming" or commercial solicitations or to engage in illegal
activities. You further agree not to use SISNA’s services to send any
message or material that is unlawful or gives rise to civil liability.
Without limitation, you agree that you will not:
- Use the SISNA Site/Services in connection with the transmission of any
duplicative or unsolicited messages (commercial or otherwise). For any such
spamming, you agree to pay SISNA damages for such unauthorized activities.
- Defame, abuse, harass, stalk, threaten, victimize, degrade or otherwise
violate the legal rights (such as rights of privacy and publicity) of
others. Without limitation, no message or communication can infringe on the
rights of others on the basis of religion, gender, sexual orientation, race,
ethnicity, age, disability, or any other reason.
- Publish, post, upload, distribute or disseminate any inappropriate,
profane, defamatory, infringing, obscene, indecent or unlawful information.
- Upload files that contain software or other material protected by
intellectual property laws (or by rights of privacy of publicity) unless you
own or control the rights thereto or have received all necessary consents to
do the same.
- Interfere with service to any user, host or network.
- Upload files that contain viruses, Trojan Horses, worms, time bombs,
cancelbots, corrupted files, or any other similar software or programs that
may damage the operation of the SISNA Site/Services.
- Restrict or inhibit any other user from using and enjoying the SISNA
Site/Services.
- Violate any code of conduct or other guidelines which may be applicable.
- Harvest or otherwise collect information about others, including e-mail
addresses.
- Violate any applicable laws or regulations.
- Create a false identity for the purpose of misleading others.
- Falsify address information or otherwise modify e-mail headers to conceal
the identify of any sender or recipient.
- Use, download or otherwise copy, or provide (whether or not for a fee) to
a person or entity any directory of users of any SISNA Site/Service(s) or
other user or usage information or any portion thereof.
- Use the SISNA Site/Services to engage in activities that violate any terms
or conditions of any other network access provider or ISP.
Your participation in online communication is not edited, censored, or
otherwise controlled by SISNA. However, SISNA reserves the right to review
materials posted to a SISNA Site/Services and to remove any materials which
SISNA in its sole discretion determines to be harmful, offensive, or
otherwise in violation of these Terms of Service. SISNA reserves the right
to terminate your access to any or all of the SISNA Site/Services at any
time, without notice, for any reason whatsoever.
Materials uploaded to the SISNA Site/Services may be subject to posted
limitations on usage, reproduction and/or dissemination, you are responsible
for adhering to such limitations if you download the materials.
Disclaimer; Limitations of Liability:
You understand and expressly agree that use of the SISNA Site/Services are
at your sole risk, that any material and/or data downloaded or otherwise
obtained through the use of the SISNA Site/Services are at your own
discretion and risk and that you will be solely responsible for any damage
to your computer system or loss of data that results from the download of
such material and/or data.
SISNA DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL WARRANTIES,
REPRESENTATIONS OR OTHER ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO
THE INFORMATION ACCESSED FROM, OR THROUGH, THE SISNA SITE/SERVICES,
INCLUDING ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE,
OR NON-INFRINGEMENT OF ANY THIRD-PARTY RIGHTS. SISNA does not assume any
liability for the completeness, accuracy or usefulness of any information
disclosed or materials accessed through the SISNA Site/Services. In no event
shall SISNA (or any persons or entities related thereto) be liable for any special, indirect, or consequential
damages associated with or arising from use of the use of the SISNA
Site/Services in any way, including any loss of use, data or profits,
regardless of the form of action.
You agree to indemnify, defend and hold harmless SISNA, its affiliates,
officers, directors, employees, consultants and agents from any and all
third party claims, liability, damages and/or costs (including, but not
limited to, attorneys fees) arising from your use of the SISNA site/services, your
violation of the Terms of Service or your infringement, or infringement by
any other user of your account, of any intellectual property or other right
of any person or entity. The Terms of Service will inure to the benefit of
SISNA's successors, assigns and licensees.
Intellectual Property Rights:
You acknowledge and agree that copyrights, trademarks, service marks,
patents, trade secrets, and other proprietary rights and laws protect all
content and materials available on the SISNA Site/Services. No license or
right to any intellectual property rights or license to any intellectual
property, content, technology, system, process, or related material
belonging to SISNA or any other third party is created by virtue of it being
displayed or made accessible on the SISNA Site Services. Except as expressly
authorized by SISNA, you agree not to use the SISNA Site/Services in any
manner that would infringe, violate, dilute or misappropriate any such
rights, with respect to any material, which you access or receive through
this site.
All content and software (if any) that is made available to view and/or
download in connection with the SISNA Site/Services (“Software”) is owned by
and is the copyrighted work of SISNA, and/or its suppliers or
affiliates and is protected by copyright laws and international treaty
provisions. Your use of the Software is governed by the terms of the end
user license agreement, if any, which accompanies or is included with the
Software ("License Agreement"). You may not install or use any Software that
is accompanied by or includes a License Agreement unless you first agree to
the License Agreement terms.
Any reproduction or redistribution of the content and/or Software is
expressly prohibited by law, and may result in severe civil and criminal
penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE CONTENT OR
SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR
REDISTRIBUTION IS EXPRESSLY PROHIBITED. You acknowledge that the Software,
and any accompanying documentation and/or technical information, is subject
to applicable export control laws and regulations of the USA. You agree not
to export or re-export the Software, directly or indirectly, to any
countries that are subject to USA export restrictions.
SISNA AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE
SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER
HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE SISNA SITE/SERVICES FOR
ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. SISNA AND/OR ITS
RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH
REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE
AND NON-INFRINGEMENT.
Storage Space:
In connection with your account or use of the SISNA Site/Services, you may
be provided with storage space using SISNA’s servers and network. The
amount of storage space per user is limited. Some messages may not be
processed due to space constraints or outbound message limitations. You
agree that SISNA is not responsible or liable for the deletion or failure to
store messages or other information.
Complaints:
Please send reports of any activity in violation of these Terms of Service
to customerservice@sisna.com . SISNA will investigate incidents involving such
violations and may involve and will cooperate with law enforcement officials
if a criminal violation is suspected. Any such violation may result in
criminal and civil liability.
In order to ensure that SISNA is able to provide high quality services which
are responsive to customer needs, you consent to SISNA employees being able
to access your account and records on a case by case basis to investigate
complaints or other allegations or abuse. SISNA shall not disclose the
existence or occurrence of such an investigation unless required by law.
Violation of terms of service may result in immediate deletion of a users
account.
Termination of Use:
We may modify or discontinue our services or any account, with or without
notice, without liability to you, any other user or any third party. SISNA
reserves the right to terminate your account if we learn that you have
provided us with false or misleading registration information, interfered
with other users or the administration of SISNA's services, or violated
these Terms of Service. SISNA may also terminate or suspend your access to
SISNA Site/Service(s) for inactivity, which is defined as failing to log
into a particular service for an extended period of time, as determined by
SISNA. The amount of time that SISNA currently considers as an "extended"
period of time may be viewed in the FAQ relating to the particular service.
Upon termination of the SISNA Site/Service, your right to use the SISNA
Site/Service immediately ceases.
Miscellaneous; Entire Agreement:
These Terms of Service will be governed by and construed in accordance with
the laws of the State of Utah, without giving effect to its conflict of laws
provisions or your actual state or country of residence. If for any reason a
court of competent jurisdiction finds any provision or portion of the Terms
of Service to be unenforceable, the remainder of the Terms of Service will
continue in full force and effect.
These Terms of Service constitute the entire agreement between the parties
with respect to the subject matter hereof and supersedes and replaces all
prior or contemporaneous understandings or agreements, written or oral,
regarding such subject matter. Any waiver of any provision of the Terms of
Service will be effective only if in writing and signed by SISNA.