The following is addressed to registered users of SilverFlash.net.
ACCEPTANCE OF TERMS
Welcome to SilverFlash.net, a service of Martin Consulting Services, Inc. (herein referred to as "MCSI"). MCSI provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. When using particular MCSI services, you and MCSI shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.
DESCRIPTION OF SERVICE
MCSI currently provides users with a variety of computing and Internet related services including but not limited to e-mail, web access, website hosting, domain hosting, and file transfer services. Unless explicitly stated otherwise, any new features that augment or enhance the current services, including the release of new MCSI services, shall be subject to the TOS. You understand and agree that all services are provided "AS-IS" and that MCSI assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
In order to use the services, you may be required to obtain access to the World Wide Web, either directly or through devices that access Web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
YOUR REGISTRATION OBLIGATIONS
In consideration of your use of MCSI's services, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or MCSI has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, MCSI has the right to suspend or terminate your account and refuse any and all current or future use of MCSI's services (or any portion thereof).
MEMBER ACCOUNTS, PASSWORDS, AND SECURITY
Upon completion of the registration process for MCSI's services, you will have created a username and password. You are responsible for preserving the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify MCSI of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. MCSI cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
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 MCSI, are entirely responsible for all Content that you post, e-mail, or otherwise transmit via MCSI's services. MCSI does not control the Content posted via MCSI's services and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will MCSI 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, e-mailed, or otherwise transmitted via MCSI's services.
You agree to not use MCSI's services to:
upload, post, e-mail or otherwise transmit 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;
harm minors in any way;
impersonate any person or entity, including, but not limited to a MCSI official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through MCSI's services;
upload, post, e-mail or otherwise transmit any Content that you do not have a right to transmit 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);
upload, post, e-mail, or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights ("Rights") of any party;
upload, post, e-mail, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation that are designated for such purpose;
upload, post, e-mail, or otherwise transmit 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;
interfere with or disrupt MCSI's services or servers or networks connected to MCSI's services, or disobey any requirements, procedures, policies, or regulations of networks connected to MCSI's services;
violate any applicable local, state, national, or international law, or any regulations having the force of law;
"stalk" or otherwise harass another;
or collect or store personal data about other individuals without their consent.
You acknowledge that MCSI may not pre-screen Content, but that MCSI 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 MCSI's services. Without limiting the foregoing, MCSI 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.
You acknowledge and agree that MCSI 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 MCSI, its users, and the public.
You understand that the technical processing and transmission of MCSI's services, 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.
You agree to indemnify and hold MCSI, 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 to, or transmit through MCSI's services, your use of MCSI's services, your connection to MCSI's services, 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 MCSI's services, use of MCSI's services, or access to MCSI's services.
GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that MCSI may establish general practices and limits concerning use of MCSI's services, including without limitation posted Content that will be retained by MCSI's services, the maximum disk space that will be allotted on MCSI's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access MCSI's services in a given period of time. You agree that MCSI has no responsibility or liability for the deletion or failure to store any data and other communications or other Content maintained or transmitted by MCSI's services. You acknowledge that MCSI reserves the right to delete accounts that are inactive for an extended period of time. You further acknowledge that MCSI reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
MODIFICATIONS TO SERVICE
MCSI reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, MCSI's services (or any part thereof) with or without notice. You agree that MCSI shall not be liable to you or to any third party for any modification, suspension or discontinuance of MCSI's services.
You agree that MCSI, in its sole discretion, may terminate your password, username, account (or any part thereof) or use of MCSI's services, and remove and discard any Content within MCSI's services, for any reason, including, without limitation, for lack of use or if MCSI believes that you have violated or acted inconsistently with the letter or spirit of the TOS. MCSI may also in its sole discretion and at any time discontinue providing MCSI's services, or any part thereof, with or without notice. You agree that any termination of your access to MCSI's services under any provision of this TOS may be effected without prior notice, and acknowledge and agree that MCSI may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or MCSI's services. Further, you agree that MCSI shall not be liable to you or any third-party for any termination of your access to MCSI's services.
DEALINGS WITH ADVERTISERS AND SPONSORS
Your correspondence or business dealings with, or participation in promotions of, advertisers and sponsors found on or through MCSI's services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that MCSI shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on MCSI's services.
MCSI's services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because MCSI has no control over such sites and resources, you acknowledge and agree that MCSI 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 MCSI 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.
MCSI'S PROPRIETARY RIGHTS
You acknowledge and agree that MCSI's services and any necessary software used in connection with MCSI's services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through MCSI's services or advertisers is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Except as expressly authorized by MCSI or advertisers, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on MCSI's services or the Software, in whole or in part.
MCSI grants you a personal, non-transferable and non-exclusive right and license to use the object code of any Software it provides on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to MCSI's services. You agree not to access MCSI's services by any means other than through the interface that is provided by MCSI for use in accessing MCSI's services.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF MCSI'S SERVICES IS AT YOUR SOLE RISK. MCSI'S SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MCSI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.
MCSI MAKES NO WARRANTY THAT (i) MCSI'S SERVICES WILL MEET YOUR REQUIREMENTS, (ii) MCSI'S SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF MCSI'S SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH MCSI'S SERVICES WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF MCSI'S SERVICES 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.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MCSI OR THROUGH OR FROM MCSI'S SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MCSI 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 MCSI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE MCSI'S SERVICES; (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 MCSI'S SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON MCSI'S SERVICES; OR (v) ANY OTHER MATTER RELATING TO MCSI'S SERVICES.
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 OF SECTIONS TITLED "DISCLAIMER OF WARRANTIES" AND "LIMITATION OF LIABILITY" MAY NOT APPLY TO YOU.
Notices to you may be made via either e-mail or regular mail. MCSI's services may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on MCSI's services.
MCSI, the MCSI logo, and other MCSI logos and product and service names are trademarks of MCSI. Without MCSI's prior permission, you agree not to display or use in any manner, the MCSI Marks.
COPYRIGHTS AND COPYRIGHT AGENTS
MCSI respects the intellectual property of others, and we ask our users to do the same.
The TOS constitute the entire agreement between you and MCSI and govern your use of MCSI's services, superseding any prior agreements between you and MCSI. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. The TOS and the relationship between you and MCSI shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and MCSI agree to submit to the personal and exclusive jurisdiction of the courts of the State of Oregon, in which case venue shall be Multnomah County, or the U.S. District Court for Oregon, in which case venue shall be Portland. The failure of MCSI to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of MCSI's services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
Report any violations of the Terms of Service to MCSI Support.