TERMS OF ACCESS

The following are terms of a legal agreement (“Agreement”) between you and Webservio, Inc. (“Webservio”). By accessing, browsing and/or otherwise using this web site (“Site”), you acknowledge that you have read, understood and agreed to be bound by these terms and conditions, and to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. If you do not agree to all of these terms and conditions, you may not access, browse and/or use this Site. The material provided on this Site is protected by law, including, but not limited to, United States copyright law and international treaties.

This site is controlled and operated by Webservio from its offices within the United States, and access to the Site from territories where the Site and its contents are illegal is prohibited. Those who choose to access this Site from other locations are responsible for compliance with applicable local laws.

These terms of access apply to your access to and use of this Site and do not alter in any way the terms and conditions of any other agreement you may have with Webservio for products, services or otherwise, unless otherwise directed by Webservio. If you breach any of these terms and conditions, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials and discontinue use of any hyperlinks to this Site.

1. USE RESTRICTIONS

(i) Copyright. All Site materials, including, without limitation, text, graphics and other files and the selection and arrangement thereof are copyrighted materials of Webservio, Inc., © 2001-2002, ALL RIGHTS RESERVED, or by the original creator of the material. Permission is granted to display, copy, distribute, and download the materials on this Site for personal, noncommercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. You may not, however, distribute, copy, reproduce, display, republish, download, or transmit any material on this Site for commercial use without prior written approval of Webservio. You may not “mirror” any material contained on this Site on any other server without prior written permission from Webservio. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.

(ii) Trademarks. The trademarks, service marks, trade names, and logos (the “Trademarks”) used and displayed on this Site are registered and unregistered Trademarks of Webservio. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of Webservio, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Webservio. You acknowledge that the Trademarks used and displayed on this Site are and shall remain the sole property of Webservio or the Trademark owner. Nothing in this Agreement shall confer any right of ownership of any of the Trademarks in you. Further, nothing in this Site shall be construed as granting, by implication, estoppel or otherwise any license or right to use any Trademark used or displayed on the Site, without the express written permission of Webservio or the Trademark owner. The misuse of the trademarks displayed on this Site, or any other content on the Site, is strictly prohibited.

(iii) Hyperlinks. You are granted a limited, nonexclusive right to create a “hypertext” link to this Site provided that such link is to the entry page of this Site and does not portray Webservio or any of its products or services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked at any time for any reason whatsoever. You may not use framing techniques to enclose any Webservio trademark, logo or trade name or other proprietary information including the images found at the Site, the content of any text or the layout/design of any page or any form contained on a page without Webservio’s express written consent. Links to third party sites on this Site are provided solely as convenience to you. If you use these links, you will leave this Site. Webservio has not reviewed all of these third party sites and does not control and is not responsible for any of these sites, their content or their policies, including, without limitation, privacy policies or lack thereof. Webservio does not endorse or make any representations about third party sites or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to this site, you do so entirely at your own risk. You acknowledge and agree that Webservio 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 the use of or reliance on any such third party sites.

(iv) Downloadable Materials. Any software, including codes or other materials that are made available to download from this Site, is the copyrighted work of Webservio and/or its suppliers and affiliates. If you download software from this Site, use of the software is subject to the license terms in the software license agreement that accompanies or is provided with the software. You may not download or install the software until you have read and accepted the terms of the applicable software license agreement. Without limiting the foregoing, copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited unless otherwise provided for in the applicable software license agreement in the case of software, or the express written consent of Webservio in the case of codes or other downloadable materials.

(v) Limited Access. Except as otherwise expressly permitted by Webservio, any access or attempt to access other areas of the Webservio computer system or other information contained on the system for any purposes is strictly prohibited. You agree that you will not use any robot, spider, other automatic device, or manual process to “screen scrape,” monitor, “mine,” or copy the Web pages on the Site or the content contained therein without Webservio’s prior, express, and written permission. You will not spam or send unsolicited e-mail to any other user of the Site for any reason. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on Webservio’s infrastructure.

2. DISCLAIMER WARRANTY

This Site, including all software, functions, materials, and information, is provided “as is” without warranties of any kind, either express or implied. Webservio disclaims all warranties, express or implied, including, but not limited to, warranties of quiet enjoyment and non-infringement and implied warranties of merchantability, fitness for a particular purpose, non-infringement, title, quiet enjoyment, merchantability of computer programs, data accuracy, system integration, and informational content. Webservio does not warrant or make any representations regarding the operation of this Site, the use, validity, accuracy or reliability of, or the results of the use of the materials on this Site or any other sites linked to this Site. The materials of this Site may be out of date, and Webservio makes no commitment to update the materials at this Site. Webservio does not and cannot guarantee or warrant that the files available for downloading from this Site, if any, will be free from infection, viruses, worms, Trojan horses, or other code that manifest contaminating or destructive properties. Webservio does not warrant that this Site, software, materials, products, or services will be uninterrupted or error-free or that any defects in this Site, software, materials, products, or services will be corrected.

3. LIMITATION OF LIABILITY

In no event will Webservio, its suppliers or other third parties mentioned at or in this Site be liable for any damages (including, without limitation direct, indirect, special, incidental, or consequential damages), damages resulting from lost profits, lost data or business interruption arising out of relating to the use, inability to use, or resulting from the use of this Site, any web sites linked to this Site, the materials, software or other information contained in any or all such sites, whether based on warranty, contracts, tort (including but not limited to, negligence) or any other legal theory and whether or not advised of the possibility of such damages. If your use of the materials or information from this Site results in the need for servicing, repair or correction of equipment or data, you assume all costs thereof. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

4. U.S. GOVERNMENT RESTRICTED RIGHTS

The materials on this Site are provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the government constitutes acknowledgment of Webservio’s or other owner’s proprietary rights in them.

5. REVISIONS TO THIS AGREEMENT

Webservio may revise this Agreement at any time without notice by updating this posting. By using this Site you agree to be bound by any such revisions and should therefore periodically visit this Site and page to determine the then current terms and conditions of use to which you are bound.

6. TRANSMISSIONS

Any material, information or idea you transmit to or post on this Site by any means will be treated as non-confidential and non-proprietary and may be disseminated or used by Webservio or its affiliates for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. Notwithstanding the foregoing, all personal data provided to Webservio will be handled in accordance with Webservio’s Privacy Policy. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, profane material or any other material, including but not limited to any material that could give rise to any civil or criminal liability under both domestic and international law.

7. APPLICABLE LAWS & MISCELLANEOUS

This Agreement shall be governed by, and construed and interpreted in accordance with, the laws of the State of Tennessee, United States of America, without giving effect to its conflict of laws. Any and all claims or controversies arising from, relating to, or concerning this Agreement shall be brought either in a court of competent jurisdiction located in Knox County, Tennessee. Any failure by Webservio to detect or protest any breach of this Agreement shall not constitute a waiver or impairment of any relevant term or condition, or the right of Webservio at any time to avail itself of such remedies as it may have for any breach or breaches of such term or condition. A waiver by Webservio may only occur in writing. If any provision hereof is declared invalid by a court of competent jurisdiction, such provision shall be ineffective only to the extent of such invalidity, so that the remainder of that provision and all remaining provisions of this Agreement will continue in full force and effect.

8. AGENT DESIGNATED FOR DIGITAL MILLENNIUM COPYRIGHT ACT

Webservio,Inc.
2200 Sutherland Avenue, Suite 403
Knoxville, TN 37919
E-mail: [email protected]
Phone: 865.692.5425