|COMPUTERPLANO WEB SITE USER AGREEMENT
Use of web site and data within implies
agreement with the following use statement and
ComputerPlano and related Internet media properties (hereafter called the
"Site") is an online information service provided by ComputerPlano, and use
of this service is strictly subject to your compliance with the terms and
conditions set forth below.
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE
SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE
TERMS AND CONDITIONS SET FORTH HEREIN. IF YOU DO NOT WISH TO BE
BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE
COMPUTERPLANO MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH
MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING AGREEMENT
ON THE SITE. YOU ARE RESPONSIBLE FOR REVIEWING THE AGREEMENT TO BE
AWARE OF ANY SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE
OF THE SITE SHALL BE DEEMED YOUR ACCEPTANCE OF ANY MODIFICATIONS TO
THE AGREEMENT. VIOLATIONS OF THIS AGREEMENT, ATTEMPTS TO CIRCUMVENT
SECURITY, OR FRAUDULENT USE OF THIS WEB SITE OR THE INFORMATION
CONTAINED WITHIN SHALL BE PROSECUTED TO THE FULLEST EXTENT POSSIBLE.
THE TERMS “YOU”, “YOUR”, OR “USER” AS USED IN THIS AGREEMENT ARE
SYNONYMOUS AND REFER TO THE PERSON USING THE SERVICES OF
COMPUTERPLANO, IN ANY WAY.
1. DISCLAIMER OF WARRANTIES
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE
SITE AND THE INTERNET. COMPUTERPLANO PROVIDES THE SITE AND
RELATED INFORMATION "AS IS." COMPUTERPLUS DISCLAIMS ANY EXPRESS OR
IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER,
INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NO
INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO THE SERVICE, ANY
MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR
ON THE INTERNET GENERALLY. COMPUTERPLANO SOFTWARE SHALL NOT BE
LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY
FROM THE USE OF THIS SITE.
IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY,
COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES,
MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE
OR ON THE INTERNET GENERALLY. YOU UNDERSTAND FURTHER THAT THE
INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY
EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOU ACCESS SUCH MATERIALS AT YOUR
RISK. COMPUTERPLANO HAS NO CONTROL OVER AND ACCEPTS NO
RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
2. LIMITATION OF LIABILITY
IN NO EVENT WILL COMPUTERPLANO BE LIABLE FOR ANY INCIDENTAL,
CONSEQUENTIAL, OR INDIRECT DAMAGES, INCLUDING, BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS
OR INFORMATION, AND ANY RELATED LOSSES ARISING OUT OF THE USE OF OR
INABILITY TO USE THE SERVICE, OR AS A RESULT OF ANY INFORMATION, OR
TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE
SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. COMPUTERPLANO
WILL NOT BE LIABLE FOR ANY SUCH LOSS. EVEN IF COMPUTERPLANO OR ITS
AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. FURTHERMORE, COMPUTERPLANO SHALL NOT BE LIABLE FOR
ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN
THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH
THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE
ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, COMPUTERPLANO
LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. HOWEVER,
THIS LIMITATION OF LIABILITY SHALL BE CONSTRUED PURSUANT TO THE LAWS
OF THE STATE OF TEXAS.
3. Copyright, Licenses and Idea Submissions.
Domestic and International copyright and trademark laws protect the entire
contents of the Site. The owners of the intellectual property, copyrights and
trademarks are ComputerPlano, its affiliates or other third party licensors.
YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST,
TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE,
INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE.
You may print and download portions of material from the different areas of
the Site solely for your own non-commercial use provided that you agree not
to change or delete any copyright or proprietary notices from the materials.
You agree to grant to ComputerPlano a non-exclusive, royalty-free,
worldwide, sub licensable, perpetual license, with the right to sub-license,
to reproduce, distribute, transmit, create derivative works of, publicly
display and publicly perform any materials and other information including,
without limitation, ideas contained therein for new or improved products
and services you submit to any public areas of the Site such as bulletin
boards, forums and newsgroups or by e-mail to ComputerPlano by all means
and in any media now known or hereafter developed ComputerPlano shall
have exclusive right to any and all income and/or benefit from any such
submitted material. You also grant to ComputerPlano the right to use your
name in connection with the submitted materials and other information as
well as in connection with all advertising, marketing and promotional
material related thereto. You agree that you shall have no recourse against
ComputerPlano for any alleged or actual infringement or misappropriation
of any proprietary right in your communications to ComputerPlano.
Product and company names mentioned in the Site may be the trademarks
of their respective owners.
5. Use of the Site.
You understand that, except for information, products or services clearly
identified as being supplied by ComputerPlano, ComputerPlano does not
operate, control or endorse any information, products or services on the
Internet in any way. Except for ComputerPlano identified information,
products or services, all information, products and services offered through
the Site or on the Internet generally are offered by third parties that are not
affiliated with ComputerPlano. You also understand that ComputerPlano
cannot and does not guarantee or warrant in any way that files available for
downloading through the Site will be free of infection, viruses, worms,
Trojan horses or other code that manifest contaminating or destructive
properties or errors. You are responsible for implementing sufficient
procedures and checkpoints to satisfy your particular requirements for
accuracy of data input and output, and for maintaining a means external to
the Site for the reconstruction of any lost data.
ComputerPlano assumes no liability whatsoever for the cost of any service
or repair with your software or hardware that may be caused as a result of
the use of this site and its services.
In connection with your use of the Site and its services, you agree you will
a) Transmit any message, information, data, text, software or images, or
other content ("Material") that is unlawful, harmful, threatening, abusive,
harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise
objectionable that may invade another's right of privacy or publicity;
b) Impersonate any person or entity, including but not limited to, an
ComputerPlano official, forum leader, guide or host or falsely state or
otherwise misrepresent your affiliation with a person or entity;
c) Post or transmit any Material that you do not have a right to reproduce,
display or transmit under any law or under contractual or fiduciary
relationships (such as nondisclosure agreements);
d) Post or transmit any Material that contains a virus or corrupted data;
e) Delete any author attributions, legal notices or proprietary designations
or labels that you upload to any communication feature;
f) Use the Site's communication features in a manner that adversely affects
the availability of its resources to other users (e.g., excessive shouting, use
of all caps, or flooding continuous posting of repetitive text);
g) Post or transmit any unsolicited advertising, promotional materials, "junk
mail", "spam," "chain letters," "pyramid schemes" or any other form of
solicitation or any non-resume information such as opinions or notices,
commercial or otherwise;
h) Violate any applicable local, state, national or international law;
i) Upload or transmit any Material that infringes any patent, trademark,
trade secret, copyright or other proprietary rights of any party;
j) Delete or revise any Material posted by any other person or entity; or
k) Manipulate or otherwise display the Site by using framing or similar
You shall be responsible for obtaining and maintaining all telephone,
computer hardware and other equipment needed for access to and use of
the Site and all charges related thereto.
7. Indemnification and Reservation of Rights.
You agree to indemnify, defend and hold harmless ComputerPlano, its
officers, directors, employees, agents, licensors, suppliers and any third
party information providers to the Site from and against all losses,
expenses, damages and costs, including attorneys' fees, resulting from any
violation of this Agreement (including negligent or wrongful conduct) by you
or your use and access of the Site. ComputerPlano reserves the right to
release current or past member or Web site user information if
ComputerPlano believes that a member's account is being used to commit
unlawful acts, if the information is subpoenaed and/or if ComputerPlano
deems it necessary and/or appropriate.
8. Third Party Rights.
The provisions of paragraphs 5 (Use of the Site), and 7 (Indemnification) are
for the benefit of ComputerPlano and its officers, directors, employees,
agents, licensors, suppliers, and any third party information providers to the
Site. Each of these individuals or entities shall have the right to assert and
enforce those provisions directly against you on its own behalf.
Either party without notice may terminate this Agreement at any time for any
reason. The provisions of paragraphs 3 (Copyright, Licenses and Idea
Submissions), 5 (Use of the Site), 7 (Indemnification), 8 (Third Party Rights)
and 13 (Miscellaneous) shall survive any termination of this Agreement.
10. Special Admonitions for International Use.
Recognizing the global nature of the Internet, you agree to comply with all
local rules including, without limitation, rules about the Internet, data, e-
mail, or privacy. Specifically, you agree to comply with all applicable laws
regarding the transmission of technical data exported from the United
States or the country in which you reside.
11. Dealings with Third Parties.
Your participation, correspondence or business dealings with any third party
found on or through the Site, regarding the payment and delivery of related
goods or services, and any other terms, conditions, warranties or
representations associated with such dealings, are solely between you and
such third party. You agree that ComputerPlano shall not be responsible or
liable for any loss, damage or other matters of any sort incurred as the
result of any such dealings.
The Site may provide, or third parties may provide, links to non-
ComputerPlano web sites or resources. By use of this site you acknowledge
that ComputerPlano has no control over such sites and resources and you
agree that ComputerPlano is not responsible for the availability of such
external sites or resources, and does not endorse and is not responsible or
liable for any content, advertising, products, or other materials on or
available from such sites or resources. You further acknowledge and agree
that ComputerPlano shall not be responsible or liable, directly or indirectly,
for any damage or loss caused or alleged to be caused by or in connection
with use of or reliance on any such content, goods or services available on
or through any such site or resource.
This Agreement shall all be governed and construed in accordance with the
laws of the State of Texas. You agree that any legal action or proceeding
between ComputerPlano and you for any purpose concerning this Agreement
or the parties' obligations hereunder shall be brought exclusively in a
federal or state court of competent jurisdiction sitting in the State of Texas,
Any cause of action or claim you may have with respect to the Site must be
commenced within one (1) year after the claim or cause of action arises or
such claim or cause of action is barred. ComputerPlano's failure to insist
upon or enforce strict performance of any provision of this Agreement shall
not be construed as a waiver of any provision or right. Neither the course of
conduct between the parties nor trade practice shall act to modify any
provision of this Agreement. ComputerPlano may assign its rights and duties
under this Agreement to any party at any time without notice to you. Any
rights not expressly granted herein are reserved.
Acceptable Use Statement for ComputerPlano
The following document outlines guidelines for use of the computing
systems and facilities located at or operated by (ComputerPlano).
The definition of ComputerPlano will include any computer, server, network
and network resource provided or supported by ComputerPlano.
Use of the computer facilities includes the use of data and/or programs
stored on ComputerPlano, data and/or programs stored on magnetic tape,
floppy disk, CD ROM, or any storage media that is owned and maintained by
The "user" of the computing system is the person requesting an account (or
accounts) in order to perform work in support of a ComputerPlano program
or a project authorized for ComputerPlano. The purpose of these guidelines
is to ensure that all ComputerPlano users (business users, support
personnel, technical users, and management) use the ComputerPlano
computing facilities in an effective, efficient, ethical and lawful manner.
ComputerPlano accounts are to be used only for the purpose for which they
are authorized and are not to be used for non ComputerPlano related
Unauthorized use of a ComputerPlano account/system is in violation of 18 U.
S.C.A. § 799, and constitutes theft, and is punishable by law. Therefore,
unauthorized use of ComputerPlano computing systems and facilities may
constitute grounds for either civil or criminal prosecution.
In the text below, "users" refers to users of the ComputerPlano computing
systems and facilities.
The ComputerPlano Systems computing systems are unclassified systems.
Therefore, classified information may not be processed, entered or stored
on a ComputerPlano computing system. Information is considered
"classified" if it is Top Secret, Secret and/or Confidential information, which
requires safeguarding in the interest of National Security.
Users are responsible for protecting any information used and/or stored on
and/or in their ComputerPlano accounts. Consult your ComputerPlano IT
Manager for guidelines on protecting your account and information using
the standard system protection mechanisms.
Users are requested to report any suspected weaknesses in ComputerPlano
computer security, any incidents of possible misuse, or any violation of this
agreement to the proper authorities by contacting ComputerPlano or by
sending electronic mail to email@example.com.
Users shall not attempt to access any data, projects and/or programs
contained on ComputerPlano systems for which they do not have
authorization or explicit consent of the owner of the data, project and/or
program, ComputerPlano Officers or their ComputerPlano IT Manager.
Users shall not divulge Dialup, Dial back modem phone numbers or
networking addressing scheme to anyone.
Users shall not share their ComputerPlano account(s) with anyone. This
includes sharing the password to the account, providing access via any
remote access software or other means of sharing or entry.
Users shall not make unauthorized copies of copyrighted software, except as
permitted by law or as permitted in writing by the owner of the copyrighted
Users shall not make copies of system configuration files or any business
data for their own, unauthorized personal use or to provide to other people
and/or users for unauthorized uses.
Users shall not purposely engage in activity with the intent to do any of the
following: (1) harass other users; (2) degrade the performance of systems;
(3) deprive an authorized ComputerPlano user access to a ComputerPlano
resource; (4) obtain extra resources, beyond those allocated; or (5)
circumvent ComputerPlano computer security measures or gain access to a
ComputerPlano system for which proper authorization has not been given.
Electronic communication facilities (such as Email or Newsgroups) are for
authorized ComputerPlano use only. Fraudulent, harassing or obscene
messages and/or materials shall not be sent from, to or stored on
ComputerPlano systems. Internet use (such as web browsing) shall be for
business purposes only.
Users shall not download, install or run security programs or utilities that
could potentially reveal or cause weaknesses in the security of a system.
For example, ComputerPlano users shall not run password cracking, key
logging, or any other potentially malicious programs on ComputerPlano
Users shall not install any software on ComputerPlano systems not
previously approved by ComputerPlano Officers or their IT management. This
includes browser plug ins, java applets and media applications from web
Use of personal computer systems and software on the ComputerPlano
network is strictly forbidden. Personal systems found on the ComputerPlano
network are subject to having any and all storage media removed and
confiscated as property of ComputerPlano.
Users understand that any file on ComputerPlano systems, and
ComputerPlano systems email messages are subject to review by
ComputerPlano Officers and are not private.
Any noncompliance with these requirements will constitute a violation of
acceptable use policy and will be reported to the management of the
ComputerPlano user and their ComputerPlano IT Manager and will result in
short-term or permanent loss of access to ComputerPlano systems. Serious
violations may result in termination and/or civil or criminal prosecution.
By use of this site and its services, I agree that I have read, understand, and
accepted the ComputerPlano computing systems Use Ethics Statement for
use of the ComputerPlano computing facility and agree to abide by the Use
Agreement and all terms contained herein.
Copyright 2011 ComputerPlano. Please use the contact page to report any
problems with this web site.
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