TERMS OF SERVICE
By using the services offered by this web site (www.vconferenceonline.com),
you agree to be bound by and abide by the following terms of service.
MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs,
graphics, video, messages or other materials ("Content"), whether publicly posted
or privately transmitted, are the sole responsibility of the person from which such
Content originated. This means that you, and not vConferenceOnline.com or Bits on the Wire,
Inc., are entirely responsible for all Content that you upload, post, email, transmit
or otherwise make available via the Service. Neither vConferenceOnline.com nor Bits on the Wire,
Inc. controls the Content posted via the Service and, as such, does not guarantee
the accuracy, integrity or quality of such Content. You understand that by using
the Service, you may be exposed to Content that is offensive, indecent or objectionable.
Under no circumstances will vConferenceOnline.com or Bits on the Wire, Inc. be liable in any
way for any Content, including, but not limited to, for any errors or omissions
in any Content, or for any loss or damage of any kind incurred as a result of the
use of any Content posted, emailed, transmitted or otherwise made available via
the Service.
You agree to not use the Service to:
a. upload, post, email, transmit or otherwise make available any Content that is
unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar,
obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically
or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, a vConferenceOnline.com
or Bits on the Wire, Inc. official, forum leader, guide or host, or falsely state
or otherwise misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin
of any Content transmitted through the Service;
e. upload, post, email, transmit or otherwise make available any Content that you
do not have a right to make available under any law or under contractual or fiduciary
relationships (such as inside information, proprietary and confidential information
learned or disclosed as part of employment relationships or under nondisclosure
agreements);
f. upload, post, email, transmit or otherwise make available any Content that infringes
any patent, trademark, trade secret, copyright or other proprietary rights ("Rights")
of any party;
g. upload, post, email, transmit or otherwise make available any unsolicited or
unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters,"
"pyramid schemes," or any other form of solicitation, except in those areas (such
as shopping rooms) that are designated for such purpose;
h. upload, post, email, transmit or otherwise make available any material that contains
software viruses or any other computer code, files or programs designed to interrupt,
destroy or limit the functionality of any computer software or hardware or telecommunications
equipment;
i. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other
users of the Service are able to type, or otherwise act in a manner that negatively
affects other users' ability to engage in real time exchanges;
j. interfere with or disrupt the Service or servers or networks connected to the
Service, or disobey any requirements, procedures, policies or regulations of networks
connected to the Service;
k. intentionally or unintentionally violate any applicable local, state, national
or international law, including, but not limited to, regulations promulgated by
the U.S. Securities and Exchange Commission, any rules of any national or other
securities exchange, including, without limitation, the New York Stock Exchange,
the American Stock Exchange or the NASDAQ, and any regulations having the force
of law;
l. "stalk" or otherwise harass another; or
m. collect or store personal data about other users.
You acknowledge that neither vConferenceOnline.com nor Bits on the Wire, Inc. pre-screens Content,
but that vConferenceOnline.com or Bits on the Wire, Inc. and its designees shall have the right
(but not the obligation) in their sole discretion to refuse or move any Content
that is available via the Service. Without limiting the foregoing, vConferenceOnline.com or
Bits on the Wire, Inc. and its designees shall have the right to remove any Content
that violates the TOS or is otherwise objectionable. You agree that you must evaluate,
and bear all risks associated with, the use of any Content, including any reliance
on the accuracy, completeness, or usefulness of such Content. In this regard, you
acknowledge that you may not rely on any Content created by vConferenceOnline.com or Bits on
the Wire, Inc. or submitted to vConferenceOnline.com or Bits on the Wire, Inc.
You acknowledge and agree that vConferenceOnline.com or Bits on the Wire, Inc. may preserve
Content and may also disclose Content if required to do so by law or in the good
faith belief that such preservation or disclosure is reasonably necessary to: (a)
comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content
violates the rights of third-parties; or (d) protect the rights, property, or personal
safety of vConferenceOnline.com or Bits on the Wire, Inc. , its users and the public.
You understand that the technical processing and transmission of the Service, including
your Content, may involve (a) transmissions over various networks; and (b) changes
to conform and adapt to technical requirements of connecting networks or devices.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local
rules regarding online conduct and acceptable Content. 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.
REFUSAL OF SERVICE
We reserve the right to refuse service to anyone at any time. If you have an active
membership, we reserve the right to terminate your account and return your most
recent dues payment for any reason without incurring any responsibility to explain
our actions.
INDEMNITY
You agree to indemnify and hold vConferenceOnline.com or Bits on the Wire, Inc., and its subsidiaries,
affiliates, officers, agents, co-branders or other partners, and employees, harmless
from any claim or demand, including reasonable attorneys' fees, made by any third
party due to or arising out of Content you submit, post, transmit or make available
through the Service, your use of the Service, your connection to the Service, your
violation of the TOS, or your violation of any rights of another.
NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial
purposes, any portion of the Service, use of the Service, information you find on
the Service without the consent of the original author of such information, or access
to the Service.
MODIFICATIONS TO SERVICE
vConferenceOnline.com or Bits on the Wire, Inc. reserves the right at any time and from time
to time to modify or discontinue, temporarily or permanently, the Service (or any
part thereof) with or without notice. You agree that vConferenceOnline.com or Bits on the Wire,
Inc. shall not be liable to you or to any third party for any modification, suspension
or discontinuance of the Service.
vConferenceOnline.com and Bits on the Wire, Inc. reserve the right to archive, re-post and/or
publish all content posted to the Service. To have a specific article or posting
removed from the service, please use the Contact Us link on any page and provide
specific details regarding the item you would like removed. Every reasonable effort
will be made to remove the item from the archives.
LINKS
The Service may provide, or third parties may provide, links to other World Wide
Web sites or resources. Because vConferenceOnline.com or Bits on the Wire, Inc. has no control
over such sites and resources, you acknowledge and agree that vConferenceOnline.com or Bits
on the Wire, Inc. 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 vConferenceOnline.com or Bits on the Wire, Inc. 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.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS. VCONFERENCEONLINE.COM AND/OR BITS ON THE WIRE, INC. EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT.
b. VCONFERENCEONLINE.COM AND/OR BITS ON THE WIRE, INC. MAKES NO WARRANTY THAT (i) THE SERVICE
WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE,
OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE
WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION,
OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR
EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE
IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD
OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VCONFERENCEONLINE.COM
or Bits on the Wire, Inc. OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY
NOT EXPRESSLY STATED IN THE TOS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT VCONFERENCEONLINE.COM AND/OR BITS ON THE WIRE, INC.
SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF VCONFERENCEONLINE.COM or Bits on the
Wire, Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
(i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF
SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES
PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH
OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS
OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY
OTHER MATTER RELATING TO THE SERVICE.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION
OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY,
SOME OF THE ABOVE LIMITATIONS STATED ABOVE MAY NOT APPLY TO YOU.
NOTICE
Notices to you may be made via email. The Service may also provide notices of changes
to the TOS or other matters by displaying notices or links to notices to you generally
on the Service. Accordingly, it is your responsibility to review the TOS from time
to time.
TRADEMARK INFORMATION
vConferenceOnline.com or Bits on the Wire, Inc., the "B" logo and Bits on the Wire software
titles are registered, copyrighted, trademarked and or proprietary and owned by
vConferenceOnline.com or Bits on the Wire, Inc. Without Bits on the Wire's prior permission,
you agree not to display or use in any manner, the Bits on the Wire Marks.
Other marks, software titles and information is the property of its respective owner.
VIOLATIONS
Please report any violations of the TOS to our group, email address
postmaster@bitsonthewire.com
RULES AND REGULATIONS REGARDING SPAM
Both the Customer and the User must refrain from sending e-mail messages that are
not explicitly requested by the recipient or that might adversely impact vConferenceOnline.com
or Bits on the Wire, Inc. in any way. E-mail messages, such as bulk commercial advertising,
informational announcements, charity requests, petitions for signatures, and political
or religious tracts are prohibited, whether or not the practice causes complaints
from recipients. This prohibition includes the use of an e-mail account to send
spam on or through the vConferenceOnline.com or Bits on the Wire, Inc. network, or the use of
another provider's service to send spam or to promote a site hosted on or connected
to the vConferenceOnline.com or Bits on the Wire, Inc. network either directly or indirectly.
Customers and Users are prohibited from using the vConferenceOnline.com or Bits on the Wire,
Inc. network to engage in any of the following activities:
- Sending e-mail messages that are excessive or intended to harass or annoy others,
especially if the recipient has asked the sender to cease and desist
- Using the account to collect responses from unsolicited bulk or commercial e-mail
sent from accounts with other providers
- Forwarding or otherwise propagating chain letters, whether or not such messages
solicit money or other items of value, and whether or not the recipient wishes to
receive such mailings
- Continuing to send e-mail messages to a recipient after that recipient has indicated
a preference not to receive such messages
- Sending e-mail with forged TCP/IP packet header information
- Sending large quantities of unwanted or unsolicited e-mail to individual e-mail
accounts, or sending copies of a single message to many e-mail accounts
-
Sending or receiving e-mail messages in a manner that violates the use policies
of any internet service provider or other network
Failure to abide by these terms may result in financial penalties and the closure
of the Customer's account. Customer retains ALL LIABILITY relative to the use of
Bits on the Wire, Inc.'s services, and as such, retains responsibility for any and
all penalties or other responses generated from their actions.
Vendors Providing Products In The E-Store
You agree to the provision of these terms of service as they apply to your products
in the e-Store (or "online store"). In addition, you agree to provide, within two
(2) business days of notification by vConferenceOnline.com/Bits on the Wire, Inc., written proof
of the completion of any transaction completed through the store on behalf of users
of the vConferenceOnline.com site. You agree that, should credit card disputes arise, you will
work with vConferenceOnline.com in an expedient, efficient manner to provide written documentation
of sales and fulfillment of your products through the store. FURTHER, YOU AGREE
THAT, SHOULD A DISPUTE BE RULED AGAINST VCONFERENCEONLINE.COM AND FUNDS BE WITHDRAWN RELATIVE
TO THE SALE OF YOUR SERVICES OR MERCHANDISE YOU WILL RETURN SAID FUNDS TO VCONFERENCEONLINE.COM
UPON OUR PROVISION OF PROOF THAT THE DISPUTE WAS LOST WITH THE CREDIT CARD COMPANY.
YOU AGREE TO PROVIDE THESE FUNDS WITHIN 7 BUSINESS DAYS OF THE TIME OF PROVISION
OF SAID PROOF OF THE LOST DISPUTE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT OFFER
YOUR PRODUCTS FOR SALE OR DISCOUNT in the online store. To cancel your participation
in the store, please write to members@vconferenceonline.com and indicate your desire to cancel
your participation. We reserve the right to remove items and/or vendors from the
store at our discretion.
IMPORTANT NOTICE REGARDING POSTINGS
By your use of this service, you expressly agree that any and all information you
receive by way of the Service, associated email list servers, bulletin boards or
other means is and remains the property of vConferenceOnline.com or the original poster/author
of the content. Should the content in the posting include confidential and/or proprietary
content, ownership of said content is retained by the author and/or the authors
employer. At no time should posting of information on the Service be construed as
releasing said information to the Public Domain.
In short, if you plan to commercially use, in any fashion, information you receive
from the Service, you must check with the original author as to ownership and availability
for re-use, re-license, etc. It is your sole responsibility to determine ownership
prior to using said information in any commercial or resale manner.
Postings to discussion boards, list servers, email discussion lists or other forums
become the property of vConferenceOnline.com and/or Bits on the Wire, Inc. and may be re-used
for inclusion in frequently asked questions or in other ways deemed appropriate
by vConferenceOnline.com or Bits on the Wire, Inc. By posting to these services, you implicitly
and explicitly grant all appropriate rights and waive further compensation (except
as noted in various columnist or specific contribution offers).
Last Updated: 3/18/08
10/31/2007: Updated/added sponsored account information
3/18/2008: added clarification about free trials.
