|
 User
Agreement
By accessing the website of Multa
Communications Corporation ("Multacom"),
by accessing any websites hosted by Multacom and/or
by having Multacom host your website(s), you agree
to accept the provisions set forth in this User Agreement,
as well as other notices, policies, terms and conditions
of Multacom. Multacom reserves the right to amend,
change or modify this User Agreement, as well as other
notices, policies, terms and conditions and disclaimers
from time to time. By accessing Multacom's website,
by accessing any websites hosted by Multacom and/or
by continuing to have Multacom host your website(s)
after any changes, amendments or modifications made
by Multacom to this User Agreement, or other notices,
policies, terms and conditions and disclaimers, you
also agree to accept those changes, amendments and/or
modifications.
Multacom shall not be held liable
for any inaccuracy, error or delay in, or omission
of, any information or the transmission or delivery
of information or the delay in transmission or delivery
of information, or for any loss or damage arising
from or caused by any such inaccuracy, error, delay
or omission, non-performance or interruption of any
services provided by Multacom on its website or websites
hosted by Multacom due to any negligent act, omission,
force majeure or any other causes beyond the ordinary
control of Multacom.
Multacom
reserves the right to modify or discontinue, temporarily
or permanently, any information provided on its website
without prior notice. You agree that Multacom cannot
be held liable for any damages or losses caused by the
modification or discontinuance. Any rights not expressly
granted herein are reserved.
General
Guidelines
You are solely responsible for the
use of Multacom's website or websites hosted by Multacom
and the use of any materials or data obtained through
Multacom's website or websites hosted by Multacom.
If you download or otherwise obtain any information
through Multacom's website or websites hosted by Multacom,
you are solely responsible for any damage to your
computer system or any loss of data as a result thereof.
You acknowledge that the technical processing and
transmission of the data, information or contents
may involve transmissions over various networks and
changes to conform and adapt to technical requirements
of connecting networks and devices, and that multacom
is not responsible for such transmissions or changes.
Because of the globalization of
the Internet, you agree to comply with all local,
state, federal, domestic, national and international
treaties, laws, rules and regulations, especially
the laws, rules and regulations of the U.S. and the
country in which you reside.
Multacom reserves
its right, at its sole discretion, to terminate the
use by any user of Multacom's website or websites
hosted by Multacom or to terminate the hosting services
provided by Multacom to any customer at any anytime
without prior notice, if it deems that the use of
Multacom website or the website hosted by Multacom
is in violation of any local, state, federal domestic,
national or international treaties, laws, rules or
regulations or any terms, conditions, rules or policies
of Multacom.
Privacy
Policy
Multacom respects the privacy of each visitor who
visits Multacom's website. Multacom will only use
your personal information provided by you to Multacom
in the ways described in this Privacy Policies statement.
Multacom does not knowingly sell your personal information
or e-mail address to third parties for any purposes.
Any information provided by you is used only for the
purposes stated on our website in order to service
our visitors/customers, to provide and to improve
our services to you, to process your requests and/or
transactions, to provide you with any products or
services requested by you, to evaluate your needs,
to evaluate and to improve our performance, to diagnose
problems with our server, to provide you with promotional
materials and to administer our business. Some information
might be shared with our agents or affiliates in order
to achieve these goals. However, these agents or affiliates
are required to protect such information with strict
confidentiality. The information may also be used
or disclosed when such use or disclosure is requested
by you or is required by law, government agencies,
regulatory entities or other appropriate authorities
or is necessary to prevent harm to other people, to
identify persons who may be violating the law, the
user agreement or the rights of third parties, or
to cooperate with investigations of purported unlawful
activities. If you would like to receive updates and
information from Multacom, please
click here.
In addition, your personal information provided by
you to Multacom, such as demographic or profile data,
may be provided to and used by Multacom's advertisement
providers to create better advertisement services
or other entities who may want to contact our customers.
This information is shared with advertisers on an
aggregate basis.
Occasionally, Multacom conducts surveys, sweepstakes,
contests or other events, in which we ask you for
contact, demographic and other information. The information
that you provide to such surveys, sweepstakes, contests
or other events is used collectively for analytical
purposes. Individual responses to those surveys are
not tracked by us. The contact information that you
provided for such surveys, sweepstakes, contests or
other events may be used to send you promotional materials
from us and/or some of our partners. Such information
may also be shared with other companies who may want
to contact our visitors.
Multacom prohibits any employees, who have access
to your personal information provided by you to use
or disclose your personal information except for the
business purposes.
In addition, Multacom requests all
of the owners of websites hosted by Multacom comply
with the above-stated Privacy Policy. The failure
to do so will result in termination, either temporary
or permanent, of access to such website(s).
Disclaimers;
Limitations of Liabilities
With regard to the information, contents, data, advertisements
and other materials (the "Information")
contained on, distributed through or linked to, downloaded
or accessed from and services contained on, Multacom's
website or websites hosted by Multacom, Multacom does
not represent, endorse or guarantee, (a) the suitability,
reliability, availability, accuracy, correctness,
integrity, completeness or timeliness of the Information
for any purposes; or (b) the Information being in
compliance with any requirements of any private or
public organization or association, or laws or regulations
of any jurisdiction. Multacom is not responsible for
decisions, damages or other losses resulting from
the use of the Information. In addition, Multacom
does not represent, endorse or guarantee the accuracy
or reliability of any of opinions provided by others
which are posted on Multacom's website or websites
hosted by Multacom.
You agree that Multacom is not responsible for unauthorized
access to or alteration of any transmissions or data,
any materials or data sent or received, or not sent
or received or any transactions entered via Multacom's
website or websites hosted by Multacom. You further
agree that Multacom is not responsible for any threatening,
defamatory, obscene, offensive, improper or illegal
contents or conduct of others who use Multacom's website
or websites hosted by Multacom. You further agree
that Multacom is not responsible for any contents
sent or transmitted by others using Multacom's website
or websites hosted by Multacom.
There are links on Multacom's website or websites
hosted by Multacom to connect these sites to other
sites on the Internet. You agree that Multacom is
not responsible for the availability of such sites,
does not endorse such sites, is not responsible for
the contents, advertisements or other materials contained
on such sites and cannot be held responsible for any
damage or loss caused or resulted from the use or
reliance on the contents contained on such sites or
from access of such sites.
MULTACOM RESERVES THE RIGHT
TO MAKE PERIODICAL CHANGES, ADDITIONS, AMENDMENTS,
MODIFICATIONS OR IMPROVEMENTS TO ITS WEBSITE WITHOUT
INCURRING ANY LIABILITIES. THE INFORMATION IS PROVIDED
"AS IS" AND ALL FAULTS AND THE ENTIRE RISK
AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY
AND EFFORT IS WITH YOU. MULTACOM DISCLAIMS ALL OTHER
WARRANTIES OR CONDITIONS RELATING TO MULTACOM'S WEBSITE
OR WEBSITES HOSTED BY MULTACOM, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES
OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, QUIET ENJOYMENT, ACCURACY OF INFORMATIONAL
CONTENTS, ABSENCE OF VIRUSES AND DAMAGING OR DISABLING
CODE, AS WELL AS IMPLIED WARRANTIES ARISING FROM COURSE
OF DEALING OR COURSE OF PERFORMANCE. WITHOUT LIMITING
THE GENERALITY OF THE FOREGOING, MULTACOM DOES NOT
REPRESENT OR WARRANT THAT IT WILL CONTINUE TO OPERATE
ITS INTERNET WEBSITE IN ITS CURRENT FORM, THAT ITS
WEBSITE OR WEBSITES HOSTED BY MULTACOM WILL BE ACCESSIBLE
WITHOUT INTERRUPTION, THAT ITS WEBSITE OR WEBSITES
HOSTED BY MULTACOM WILL MEET THE REQUIREMENTS OR EXPECTATIONS
OF YOU, OR THAT ANY MATERIALS ON ITS WEBSITE OR WEBSITES
HOSTED BY MULTACOM OR THE SERVER THAT MAKES ITS WEBSITE
AND/OR WEBSITES HOSTED BY MULTACOM AVAILABLE ARE FREE
FROM ERRORS, DEFECTS, DESIGN FLAWS OR OMISSIONS. MULTACOM
SPECIFICALLY DISCLAIMS ANY WARRANTY OR REPRESENTATION
THAT THE INFORMATION WILL MEET YOUR REQUIREMENTS OR
THAT USE AND ACCESS TO THE INFORMATION WILL BE UNINTERRUPTED
OR ERROR-FREE, OR THAT DEFECTS IN THE INFORMATION,
IF ANY, WILL BE CORRECTABLE OR CORRECTED, OR THAT
THE FORMAT FOR THE INFORMATION IS COMPATIBLE WITH
ANY PARTICULAR PLATFORM. MULTACOM IS ALSO NOT RESPONSIBLE
FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE
TO STORE ANY INFORMATION OR PERSONALIZED SETTINGS.
REGARDLESS
OF THE BASIS ON WHICH ANY THIRD PARTY MAY ALLEGE AGAINST
MULTACOM, IN NO EVENT SHALL MULTACOM BE LIABLE TO
YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY
DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY
LOSS OF USE, DATA OR PROFITS ARISING OUT OF OR RELATING
TO THE USE OR PERFORMANCE OF MULTACOM'S WEBSITE OR
WEBSITES HOSTED BY MULTACOM, THE FAILURE TO PROVIDE
SERVICES BY MULTACOM, THE DELAY OR INABILITY TO USE
MULTACOM'S WEBSITE OR WEBSITES HOSTED BY MULTACOM,
RELIANCE ON THE INFORMATION PROVIDED ON MULTACOM'S
WEBSITE OR WEBSITES HOSTED BY MULTACOM OR OTHERWISE
ARISING OUT OF THE USE OF MULTACOM'S WEBSITE OR WEBISTES
HOSTED BY MULTACOM, WHETHER BASED ON CONTRACT, TORT,
NEGLIGENCE, STRICT LIABLITY OR OTHERWISE, EVEN IF
MULTACOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. YOUR ONLY REMEDY IS TO DISCONTINUE USING
OF MULTACOM'S WEBSITE OR WEBSITES HOSTED BY MULTACOM.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY IN THOSE SPECIFIC
JURISDICTION.
Proprietary
Information
The product and service names are owned by Multacom.
Further, the information, contents, software, data
or any other materials on Multacom's website or provided
by Multacom are the property of Multacom or other
information providers and are protected by copyright,
trademark or other applicable law. You agree not to
access Multacom's website by any means other than
through the interface that is provided by Multacom
for use in accessing the said website. Robot programs
(automated query systems) are strictly prohibited
and any use of such systems will result in immediate
termination of access.
You acknowledge and agree that:
(a) Multacom and its providers are and shall continue
to be the absolute owners of the Information, contents,
software, data and other materials provided on these
web pages or by Multacom directly; (b) Your right
to use said Information, contents, software, data,
software and other materials is derived solely from
the user agreement and other notices, policies, terms
and conditions and disclaimers; and, (c) Such right
is expressly limited pursuant to the user agreement
and other notices, policies, terms and conditions
and disclaimers. You shall at no time assert any claim
of ownership over the Information, contents, software,
data and other materials by reason of its use thereof
and shall not grant or create or suffer to exist any
lien or other security interest in it.
Termination
of Services
Multacom respects the rights of
others and expects its user to do the same. Multacom,
therefore, reserves its right to terminate any user of
Multacom's website or websites hosted by Multacom, or
to terminate the hosting services provided by Multacom
to its customers, at Multacom's sole discretion, at any
anytime without prior notice. The bases for such termination
include, but are not limited to, the following:
1.
A user or a
customer of Multacom uses Multacom's website/services
or websites hosted by Multacom in interference with
other user's use and enjoyment, including but not limited
to spamming, uploading, posting, emailing or otherwise
transmitting any data, text, files, links, software,
communications or other materials or information when
the user does not have the right to do so under any
law or under any contractual or fiduciary relationship,
or when Multacom considers such conduct, or material
transmitted, is unlawful, harmful, threatening, abusive,
harassing, defamatory, vulgar, obscene, hateful, racist,
invasive of another's privacy, or otherwise objectionable;
2.
A user or a customer of Multacom participates in fraudulent
behavior or in activity that causes a disruption in,
or interference with, normal services of Multacom or
normal use or enjoyment by other users, including but
not limited to spamming, uploading, posting, emailing
or otherwise transmitting any materials that contains
viruses or other computer codes, files, programs or
attachments designed to interrupt, destroy or limit
the function of computer software or hardware or telecommunications
equipment;
3.
A user or a customer of Multacom misuses Multacom's
website/services or websites hosted by Multacom in
violation of Multacom's policies or procedures, in
violation of any applicable local, state, federal,
national or international law or regulations or court
orders, or in Multacom's sole discretion to be abusive,
offensive, unacceptable or inappropriate, including
but not limited to, spamming, transmitting any data,
information or other materials via Multacom's website
or websites hosted by Multacom, intentionally or unintentionally,
in violation of any applicable local, state, federal,
national or international law or regulations, or in
violation of Multacom's policies, including but not
limited to policies against conduct, or transmitting
material, which is unlawful, harmful, threatening,
abusive, harassing, defamatory, vulgar, obscene, hateful,
racist, invasive of another's privacy, or otherwise
objectionable;
4.
A user
or a customer of Multacom collects or stores information,
including but not limited to e-mail addresses, of
others without their consent or provides such information
to others;
5.
A user or a customer of Multacom participates in an
activity, which is deemed inappropriate or in violation
of the User Agreement by Multacom.
Multacom, at its sole discretion,
may also choose to (a) request the user to correct
the violation within 24 hours to Multacom's sole satisfaction;
(b) remove the offending materials; (c) correct the
violation itself; (d) recover from the user any costs,
expense or fees related to identifying, correcting
or terminating prohibited activities; (e) pursuit
any other remedies available to Multacom under this
User Agreement, law or equity; or (f) take any other
actions that Multacom, at its sold discretion, deems
necessary.
Copyright
Policy
Unless otherwise specified
as property of its suppliers or content providers,
all contents and information on Multacom website are:
Copyright © 2000 Multa Communications Corporation,
13191 Crossroads Parkway North, Suite 505, City of
Industry, California 91746 and are Multacom's property.
Any information and/or contents posted on Multacom's
website contain valuable copyrighted and proprietary
materials of Multacom or its suppliers or content
providers. Such contents and information, including
but not limited to any logos, graphic images, buttons,
text and marks may not be copied, reproduced, republished,
uploaded, transmitted, distributed or posted in any
way without the prior written permission by Multacom.
You may download, display or print one copy and one
copy only for your personal, non-commercial use, provided
that you will not delete all copyright, trademark
and other proprietary notices. You may not modify
or alter any portions of the contents or information.
Multacom respects the intellectual
property rights of others and expects its members
and users to do the same. Multacom may, at its sole
discretion, terminate the services to any users who
infringe or otherwise violates the rights of others.
If you believe that your work
has been improperly copied which constitutes copyright
infringement, please provide Multacom's Copyright
Agent the following information:
(i)
A
physical or electronic signature of a person authorized
to act on behalf of the owner of an exclusive right
that is allegedly infringed.
(ii)
Identification of the copyrighted work claimed to
have been infringed, or, if multiple copyrighted works
at a single online site are covered by a single notification,
a representative list of such works at that site.
(iii)
Identification of the material that is claimed to
be infringing or to be the subject of infringing activity
and that is to be removed or access to which is to
be disabled, and information reasonably sufficient
to permit the service provider to locate the material.
(iv)
Information reasonably sufficient to permit the service
provider to contact the complaining party, such as
an address, telephone number, and, if available, an
electronic mail address at which the complaining party
may be contacted.
(v) A statement that the complaining party
has a good faith belief that use of the material in
the manner complained of is not authorized by the
copyright owner, its agent, or the law.
(vi)
A statement that the information in the notification
is accurate, and under penalty of perjury, that the
complaining party is authorized to act on behalf of
the owner of an exclusive right that is allegedly infringed.
You should send the notice
to the following:
By Mail: Customer Care Department |
|
|
| Multa Communications Corporation |
| 13191 Crossroads Parkway North,
Suite 505 |
| City of Industry, California 91746 |
|
|
| By Telephone: (562) 699-8000 |
|
|
| By Facsimile: (562) 463-7652 |
|
|
| By E-mail: abuse@multacom.com |
Indemnification
By accessing Multacom's website or websites hosted
by Multacom, you agree to defend, indemnify and hold
harmless Multacom, its agents, officers, directors,
affiliates, shareholders, employees, agents, assignees,
and attorneys from and against any and all claims,
liabilities, losses, damages, costs (including but
not limited to reasonable attorneys' fees and costs)
and expenses directly or indirectly resulting from
or arising out of your access to Multacom's website
or websites hosted by Multacom.
Miscellaneous
Information
This User Agreement
and other documents posted on Multacom's website shall
constitute the entire agreement between you and Multacom
concerning your access to Multacom's website or websites
hosted by Multacom, superseding any prior agreements
between you and Multacom concerning the same issue.
However, you may be subject to additional terms and
conditions set forth by Multacom for some specific services
provided by Multacom. Before you accept any specific
service provide by Multacom, please check the specific
terms and conditions set forth by Multacom concerning
that service.
The title for each section in this User Agreement
has no legal effect. The User Agreement and the relationship
between you and Multacom shall be governed by the
laws of the State of California, and the courts located
within the county of Los Angeles, California, shall
have the exclusive personal and subject matter jurisdiction
over any disputes arising from your access or use
of Multacom's website or websites hosted by Multacom.
Access or use of Multacom's website or websites hosted
by Multacom is prohibited in any jurisdiction which
does not give effect to all provisions of these terms
and conditions except as specifically provided in
this User Agreement.
Multacom's waiver of the breach of any one or more
provisions of this Agreement will not be deemed or
construed to be a waiver of other breaches or subsequent
breaches of the same provisions. Any provision of
this Agreement which is prohibited or unenforceable
in any jurisdiction will, as to such jurisdiction,
be ineffective to the extent of such prohibition or
unenforceability without invalidating the remaining
provisions hereof, and any such prohibition or unenforceability
in any jurisdiction will not invalidate or render
unenforceable. Any dispute between you and Multacom
arising out of or related to the use of Multacom's
website must be filed within one year after such claim
or cause of action arose or be forever barred.
|
