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Business Information Technology

Site Rules and Terms of Use


This site is developed and maintained by 99 IDEAS--Business Information Technology, and ConnectionS--Product and Service Marketing. Our mailing address is:

PO Box 30994
Walnut Creek, CA 94598

Our telephone number is 800-994-3327. Send e-mail to service@99IDEAS.net.

This page explains the terms and conditions for using the services, information and images displayed on this site, collectively called our Service. By using this site, you consent to this Agreement and any new version of it posted since your last visit. If the Agreement is not acceptable, then please do not use our Service. This Agreement was last updated on October 22, 2003.

Credits and Copyright Notice

This entire site is copyright ©2001-2009 by 99 IDEAS. All rights are reserved. In addition, certain parts of this site may also be protected by the copyright of other parties.

Our Proprietary Rights

Our Service may contain information, data, software, images, video clips, music, links, logos and other material, collectively called our Content, that are the copyrighted, trademarked or other intellectual property of the owners of this Service or other suppliers.

The Content in this Service is copyrighted individually and as a collective work. All rights are reserved. You will ensure that all copyright, trademark or other proprietary rights notices appearing on any Content remain intact and legible.

Linking to Our Site

Within your personal desktop browser or company intranet, you may link to our home page, www.99IDEAS.net, any second-level page such as 99 IDEAS Services, or our site map, www.99IDEAS.net/site.html. You may link to individual articles as long as you give credit to the author and to our site as the origin of the work.

You may not display our Content on any other site, or "deep link" or harvest Content from below our top-most URL. You will remove any such link to our Service that we find objectionable promptly upon request.

Reservation of Rights

All Content and features of this Service are copyrighted by the Service, its owners, service partners or other parties. We reserve all rights not specifically granted to you. This means permission to use the Service and related intellectual property rights will be narrowly interpreted by a court in our favor. Except as specifically authorized in this Agreement, you may not store, copy, reproduce, adapt, reformat, create derivative works of, transmit, disseminate, publicly display or perform any copyrighted material from this Service. You may not reverse engineer our Service or any software obtained from it to discover its underlying design or inner workings (and you will hold in confidence for our benefit alone anything discovered in violation of this provision). If you infringe our intellectual property rights or exceed the scope of permitted use of this Agreement, you agree that we could be irreparably injured and may obtain a court order without necessity of posting bond to enjoin you from further mischief.

Client Accounts

Designated areas of the site are for the confidential use of clients only. Attempts to read or copy Contents of these areas are monitored. Unauthorized entry is trespassing.

Submissions from Visitors

Our Service does not claim ownership in the content of your Communications. If you make Communications, you irrevocably grant our Service, and any affiliates and sublicensees, the worldwide, perpetual, royalty-free, sublicensable right and license to store, copy, reproduce, adapt, reformat, create derivative works of, transmit, disseminate, publicly display and perform such Communications through the Service and to make such incidental and additional uses as may be needed to operate the Service and any affiliated sites through any media or technology now known or hereafter created. You irrevocably grant us the right to obtain a copyright in the compilation of Communications on the Service generally, including your own Communications.

Prohibited Behavior

You will not upload, store or disseminate any Content or make any Communications which violate or infringe the intellectual property or privacy rights of any person or which a reasonable person would consider abusive, profane, hateful, racially or ethnically offensive, which are defamatory or harassing, or which violate or encourage others to violate this Agreement or any applicable law. You will not upload or transmit pornographic or obscene images or files, and you will not impersonate our personnel or disrupt the orderly operation of the Service. You will not use the Service to violate any applicable law, including U.S. or foreign securities laws or regulations. In order to protect itself, the Service may without liability actively cooperate with and furnish identifying and supporting information to any person likely to be harmed or affected by your violation of this Agreement and to any law enforcement agency conducting an investigation. You also agree not to make any Communication that encourages users to terminate their use of the Service or to use a competitor's service.

You will not use our Service to make any Communications that are unsolicited: bulk advertising or promotional messages ("spam"), "chain letters," pyramid schemes; or make Communications of a promotional nature other than through channels authorized by the Service. You may not harvest email addresses or instant messaging identifiers. Because the damage incurred by us in connection with spam campaigns may be difficult to ascertain, you agree to pay liquidated damages of $100 per individual recipient of spam messages transmitted if you knowingly cause spam to be sent using any information derived from our site.

Charges and Payment

Some features of our Service may require the payment of a subscription-based fee or other charge. For subscription-based features, you agree not to allow these features to be used by other persons, including co-workers. We require timely payment of all published fees and charges. If you fail to pay applicable fees or charges when due, we may suspend or terminate your account and access to services or features. Unless otherwise agreed in writing, all charges are payable in U.S. dollars in advance by major credit card, cashier's check or money order. Late payments are subject to costs of collection including reasonable legal fees and shall bear interest at a rate equal to the lesser of one percent (1%) per month or the highest rate permitted by law.

Outside Links and Advertisers

Content, goods or services may be offered by partners or third parties through hotlinks or advertisements contained on our Service or through private-branded areas that are controlled by our partners. These are offered as a convenience to you. We have no control over and do not endorse third party content, goods or services. We act as a distributor and not as a republisher of third party content and as an advertising channel for third party goods and services. Third party providers may change, add or discontinue their content or offerings at any time without notice. They may impose additional or different conditions on your use of their content or services (please read any additional terms that may be posted by such providers).

Services and materials provided by 99 IDEAS are solely the responsibility of the owners of 99 IDEAS and 99 IDEAS.net. Services and materials provided by our strategic partners are solely the responsibility of those owners. You will look solely to them for any claims regarding their products. In the same way, any products, services or other materials that you purchase from any other party are their responsibility.

System Security

We may offer secure web pages to collect certain kinds of information from users and we store certain kinds of sensitive information in encrypted form. The site host, Interland, Inc. employs reasonable technical and management practices to help protect the confidentiality, security and integrity of data stored on our site. While no computer system is completely secure, we believe their measures reduce the likelihood of security problems to a level appropriate to the type of data involved.

Privacy Statement

99 IDEAS.net respects your privacy. We collect, retain, and use information you submit to us to respond to your requests and to inform you of our Services that may help you. We may share your name, address or e-mail address with our partner companies. Your personal information is not collected by or shared with any other parties. We will not share your information with anyone who has not signed our non-disclosure agreement.

Warranty Disclaimer

THIS SERVICE (INCLUDING ALL INFORMATION, CONTENT, COMMUNICATIONS, FEATURES, PRODUCTS, SOFTWARE AND SERVICES) MAY INCLUDE INACCURACIES, ERRORS AND DEFECTS AND IS PROVIDED AS-IS AND AS-AVAILABLE WITHOUT WARRANTY OF ANY KIND. ALL WARRANTIES, INCLUDING MERCHANTABILITY, QUALITY, INTEGRATION, ACCURACY, WORKMANLIKE EFFORT, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT ARE DISCLAIMED. THE SERVICE IS NOT RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR DISRUPTION OF YOUR COMMUNICATIONS, CONTENT OR TRANSACTIONS ENTERED INTO WITH THE SERVICE. THE SERVICE IS NOT RESPONSIBLE FOR ANY HARASSING, DEFAMATORY, ILLEGAL OR IMPROPER CONDUCT OR CONTENT OF OTHERS, OR FOR ANY INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS BY OTHERS.

Limitation of Liability

YOU AGREE THIS SERVICE IS NOT LIABLE FOR ANY DIRECT DAMAGES EXCEEDING THE AMOUNT, IF ANY, ACTUALLY PAID TO IT FOR THE SERVICES YOU DESCRIBE IN YOUR CLAIM. IN NO EVENT IS THE SERVICE LIABLE WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST SAVINGS, LOST PROFIT, LOST GOODWILL, LOST OR CORRUPTED DATA OR BUSINESS INTERRUPTION) EVEN IF NOTIFIED IN ADVANCE OF SUCH POSSIBILITY. THIS LIMITATION IS A MATERIAL CONDITION TO THIS AGREEMENT, IS COMMERCIALLY REASONABLE AND HAS BEEN FACTORED INTO THE AGREEMENT AS A WHOLE. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.

Indemnification

You agree to defend, indemnify and hold harmless the Service and its officers, directors, owners, agents, employees, advisers and consultants, from and against any claims, actions, demands, liability, damages (including legal and professional fees) asserted by any third party and arising from your use of the Service, your conduct, content, communications, alleged infringement of third party intellectual property or privacy rights, or violation of this Agreement.

Limitation of Remedies

You agree that if the Service breaches this Agreement, your sole and exclusive remedy will be to terminate this Agreement and your relationship with the Service. This applies regardless of whether the remedy fails of its essential purpose.

Protected Parties

THE WARRANTY DISCLAIMERS, LIABILITY LIMITS, INDEMNITIES AND RESERVATION OF RIGHTS CONTAINED IN THIS AGREEMENT PROTECT THE SERVICE, ITS OFFICERS, DIRECTORS, OWNERS, AGENTS, CONSULTANTS, ADVISERS, EMPLOYEES, AFFILIATES, ADVERTISERS, DISTRIBUTORS, RESELLERS, SUPPLIERS, PUBLISHERS AND PROMOTERS.

Circumstances Beyond Our Control

The Service is not responsible for any delay or failure in performance of the Service in whole or in part for any reason including, without limitation: fires, floods, storms, earthquakes, civil disturbances, disruption of telecommunications, transportation, utilities, services or supplies, governmental action, computer viruses, corruption of data, hacker attack, incompatible or defective equipment, software or services or otherwise. Nothing herein enlarges any warranty or diminishes any disclaimer under this Agreement.

All Service Regarded as Local

Because of the uncertainty and lack of uniformity of laws in other jurisdictions (particularly as applied to Internet sites), it is important to agree that our Service operates solely in Walnut Creek, California, USA (our "Locality"). Venue for any action concerning this Agreement will be in Walnut Creek, County of Contra Costa, California. Our Service does not submit to personal jurisdiction anywhere else and you irrevocably waive any claim to the contrary.

Injunctive Relief

If you violate or exceed the scope of this Agreement or infringe our proprietary rights, you agree we would be irreparably harmed and may (in addition to other relief and without having to post bond) obtain a court order enjoining your from further mischief.

Governing Law

THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE SUBSTANTIVE LAWS OF CALIFORNIA (USA), WITHOUT REGARD TO CONFLICTS OF LAW PRINCIPLES. YOU AGREE TO INITIATE AND MAINTAIN ANY LEGAL ACTION IN SUCH DESIGNATED STATE/LOCALE AND IRREVOCABLY CONSENT TO EXCLUSIVE PERSONAL JURISDICTION AND VENUE THEREIN. YOU ARE RESPONSIBLE FOR COMPLYING WITH YOUR OWN LOCAL LAWS, WHICH MAY VARY WITH RESPECT TO CERTAIN ACTIVITIES OR PEOPLE (e.g., MINORS).

You agree that U.S. District Courts can hear cases involving copyright issues between us. Since we make no warranties and have limited our liabilities, you should have little reason to have a grievance with us. Should you nevertheless bring legal action against us, you irrevocably agree it will be brought and maintained within one (1) year after the claim arises or be barred. As disincentive for unwarranted litigation, you agree that if you sue us and don't win on the merits, you will pay our defense costs, including reasonable legal fees for in-house and outside counsel. If we are required to enforce this Agreement or our rights, you agree it is reasonable to send you legal notices and papers by electronic mail at your stated address (we would also attempt to send you a backup copy by regular mail).

Technology and Data Transfer

The transport of technology, technical data and information across national boundaries is regulated by the U.S. and certain foreign governments. You agree not to directly or indirectly export or re-export any information, software or technology obtained from or through the Service that requires an export license or governmental approval without first obtaining that license or approval. This provision will survive termination of our Agreement.

For European Union residents, if any transfer of information between you and our Service is governed by the European Union Data Protection Directive or national laws implementing that Directive, then you consent to the transfer of such information outside of the European Union to your country and to such other countries as may be contemplated by the features and activities provided by the Service.

U.S. Government Restricted Rights

To the extent used by U.S. government personnel: this Service constitutes restricted computer software and is provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the Government is subject to restrictions as set forth in the Commercial Computer Software clause at DFARS 227.7202-3 or subparagraphs (c)(1) and (2) of the Commercial Computer Software- Restricted Rights clause at 48 CFR 52.227-19, as applicable. Contact is Herb Hoffman, President, 99 IDEAS, PO Box 30994, Walnut Creek, CA 94598 USA.

Relationship of Parties

There are no third party beneficiaries of this Agreement. The parties are independent to one another and are not related by franchise, partnership, employment, joint venture or otherwise. This Service is not a party to any transaction between you and any third party advertisers or suppliers. You will look solely to the third party for all claims regarding their goods, services or information.

Termination

Either party may terminate this Agreement by their sole discretion, at any time with or without cause and regardless of the stated registration period otherwise applicable. We reserve the right to suspend or terminate operation of this Service, or any feature of this Service, at any time upon notice. Protections afforded to us and to third parties by this Agreement will survive termination. If this Agreement is suspended or terminated as a result of unauthorized use or infringement of rights to Content obtained from the System, you agree that upon request, you will destroy all copies of such Content in your possession or under your control.

Notice to California Residents

Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information.

Current rates for using the Service or services of partners may be obtained by calling 800-994-3327. The Service reserves the right to change fees, surcharges or to institute new fees at any time, as provided in this Agreement.

The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1020 North Street, Suite 501, Sacramento, CA 95814, or by telephone at (916) 445-1254.

234 Final Words About This Agreement

This document reflects our entire and exclusive agreement and supersedes all other agreements regarding this subject matter, whether written or verbal. We reserve the right to change this Agreement at any time by posting a new version on the Service. Your continued use of this Service after the effective date of such amendment will constitute your acceptance of it. Any other amendment to this Agreement shall be in a pen-and-ink signed writing, regardless of any course of conduct or trade practice between us. This electronic document or a hardcopy duplicate in good form shall be considered an original document admissible into evidence unless the document's authenticity is genuinely placed in question. We reserve the right to assign this Agreement or delegate responsibility to any third party, including a party acquiring any of our operating assets or ownership interests. All licenses or permissions granted to you by this Agreement are personal in nature and may not be assigned, sublicensed or otherwise transferred and any attempt to the contrary is void. Any provision of this Agreement found by a court to be illegal or unenforceable shall automatically be deemed conformed to the minimum requirements of law and shall thereupon be given full force and effect as so modified. Waiver of a provision in one instance shall not preclude our enforcement of it on future occasions. Headings are for reference purposes only and have no substantive effect on the meaning.


COPYRIGHT INFRINGEMENT PROCEDURE

If you believe content on our Service infringes your copyrighted work and you want the Service to take down the offending material, you will need to complete the following Notice of Copyright Infringement and send it by e-mail or surface mail to one of the addresses at the top of this page.

Notice of Copyright Infringement

I certify under the penalty of perjury that I own or am authorized to act on behalf of the owner of the copyrighted work identified below. I believe in good faith that the copyrighted work has been used on your Service without authorization by the owner, its agents or according to law. I ask that you remove or block access to the infringing material.

Name of Copyright Owner:

Description of Copyrighted Work:

Description of Infringing Material:

Location of Infringing Material:

I can be contacted as follows:

My Name:

My Title:

Company:

Address:

Address:

Telephone:

Fax:

Email:

I certify under the penalties of perjury that the foregoing is true and correct to the best of my information, knowledge and belief.

Signed:

Date:



For fast attention, call 800-99 IDEAS or email superservice@99IDEAS.net

Copyright 2003 99 IDEAS