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Site Terms of Use Last Updated: October 9, 2003 We have taken every effort to design our Web site (http://www.3dhost.net) to be useful, informative, helpful, honest and fun. Hopefully we've accomplished that -- and would ask that you let us know if you'd like to see improvements or changes that would make it even easier for you to find the information you need and want. All we ask is that you agree to abide by the following Terms of Use. Take a few minutes to look them over because by using our site you automatically agree to them. Naturally, if you don't agree, please do not use the site. We reserve the right to make any modifications that we deem necessary at any time. Please continue to check these terms to see what those changes may be! Your continued use of the 3D Host Web site means that you accept those changes. Please note that references of 3D Host in this document and other documents found on our Web site may also apply to Vast Nexus or be substitued as/for Vast Nexus. Thanks again for visiting! Restrictions On Use of Our Online Materials Everything you download, any software, plus all files, all images incorporated in or generated by the software, and all data accompanying it, is considered licensed to you by Vast Nexus or third-party licensors for your personal, non-commercial home use only. We do not transfer title of the software to you. That means that we retain full and complete title to the software and to all of the associated intellectual-property rights. You're not allowed to redistribute or sell the material or to reverse-engineer, disassemble or otherwise convert it to any other form that people can use. For more information, please see our copyright/trademark notice. Submitting Your Online Material to Us That means that we don't have to treat any such submission as confidential. You can't sue us for using ideas you submit. If we use them, or anything like them, we don't have to pay you or anyone else for them. We will have the exclusive ownership of all present and future rights to submissions of any kind. We can use them for any purpose we deem appropriate to our 3D Host mission, without compensating you or anyone else for them. You acknowledge that you are responsible for any submission you make. This means that you (and not we) have full responsibility for the message, including its legality, reliability, appropriateness, originality and copyright. Limitation of Liability THESE INCLUDE (BUT ARE NOT LIMITED TO) DAMAGES OR INJURY CAUSED BY ANY: -USE OF (OR INABILITY TO USE) THE SITE WE ARE NOT LIABLE EVEN IF WE'VE BEEN NEGLIGENT OR IF OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR BOTH. EXCEPTION: CERTAIN STATE LAWS MAY NOT ALLOW US TO LIMIT OR EXCLUDE LIABILITY FOR THESE "INCIDENTAL" OR "CONSEQUENTIAL" DAMAGES. IF YOU LIVE IN ONE OF THOSE STATES, THE ABOVE LIMITATION OBVIOUSLY WOULD NOT APPLY WHICH WOULD MEAN THAT YOU MIGHT HAVE THE RIGHT TO RECOVER THESE TYPES OF DAMAGES. HOWEVER, IN ANY EVENT, OUR LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, INJURIES, AND CLAIMS OF ANY AND EVERY KIND (WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, OR CLAIMED TO BE CAUSED BY NEGLIGENCE OR OTHER WRONGFUL CONDUCT, OR THEY'RE CLAIMED UNDER ANY OTHER LEGAL THEORY) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID IF ANYTHING TO ACCESS OUR SITE. Links to Other Sites Termination of This Agreement Jurisdiction & Other Points to Consider These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the Pennsylvania, as it is applied to agreements entered into and to be performed entirely within such jurisdiction. To the extent you have in any manner violated or threatened to violate 3D Host and/or Vast Nexus and/or its affiliates' intellectual property rights, Vast Nexus, 3D Host and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court in the State of Pennsylvania, and you consent to exclusive jurisdiction and venue in such courts. Any other disputes will be resolved as follows: If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: Dauphin County, Pennsylvania. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us. If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: Dauphin County, Pennsylvania, under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so. 3D Host may modify these Terms of Use, and the agreement they create,
at any time, simply by updating this posting. We will notify customers
on file within thirty (30) days of a policy change via e-mail. Non-customers
should check this page periodically for changes. This is the ENTIRE
agreement regarding all the matters that have been discussed. |
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