ICUC® End User Service Agreement. Use of our site and services is at your own risk. Please read this document prior to using our site and services.

 

 
 

Welcome to the www.icuc.com Internet site and its associated sites, services, systems, goods and products collectively referred to as the "Site". This is the End User Services Agreement (EUSA). This EUSA specifies what you can expect from us and what we expect from you. We maintain this Site as a "use at your own risk" service to our customers. By using our Site, you are agreeing to comply with and to be bound by the following terms of use. Please review the following terms very carefully. If you do not agree to all of these terms, you should not review or study information on our Site or obtain or use any goods, products or services available from this Site or affiliated sites.

Use of our Site or our telephone number based web and email addresses for spamming or any other improper, disturbing, abusive or illegal purpose is STRICTLY prohibited. We will assist in any way we deem appropriate any company or individual harmed or disturbed by such activity. This includes supplying your name, address, telephone number, IP address, assistance in IP tracing, activity history with date and time stamps, forwarding addresses and any other information we deem fit to provide. Your account will be immediately deleted, and your IP address barred from our Site. We reserve the sole and final right of judgment and decision as to what constitutes improper, disturbing, abusive or illegal activity. We have ZERO tolerance for such activity. If allowed by law, Site abusers will be retroactively charged a minimum of $.05 (five cents) per offending email targeting, transiting, passing through or residing on our Site.

The following statute shall also be strictly enforced against those involved in spamming and abuses: US Code Title 47, Section 227(a)(2)(B), a computer/modem/printer meets the definition of a telephone fax machine. By Sec. 227(b)(1)(C), it is unlawful to send any unsolicited advertisement to such equipment, punishable by action to recover actual monetary loss, or $500, whichever is greater, for EACH violation.

BY COMPLETING THE REGISTRATION PROCESS AND CHECKING THE BOX NEXT TO "I HAVE READ AND AGREE TO ALL ICUC EUSA TERMS AND CONDITIONS", YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS EUSA.

1. Acceptance of Agreement. You agree to the terms and conditions outlined in this End User Services Agreement (EUSA) with respect to our Site. This Agreement constitutes the entire and only agreement between you and us, and supersedes any and all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may at any time be amended by us and from time to time amended without specific notice to you. The latest Agreement will be posted on the Site, and you should always review this Agreement prior to using the Site and any of its content, products or services.

2. Copyright. The content, organization, graphics, design, layout, concept, representation, compilation, magnetic translation, analog/digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary rights (including but not limited to intellectual property rights). The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by Section 5, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.

3. Trademarks. ICUC and other items are service marks, trademarks or registered trademarks. Other product and company names mentioned on the Site may be trademarks of their respective owners.

4. Patents. The Site and many of its features, functions and techniques are Patent Pending.

5. Limited Right to Use. The viewing, printing or downloading of any content, graphic, form or document from the Site grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution).

6. Editing, Deleting and Modification. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site from time to time and at any time without prior notification.

7. Indemnification. You agree to indemnify, defend and hold us and our partners, attorneys, staff and affiliates (collectively, 'Affiliated Parties') harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site.

8. Non-transferable. Your right to use the Site is not transferable. Any password or right given to you to obtain information or documents is not transferable.

9. Disclaimer and Limits. THE INFORMATION AND SERVICES FROM OR THROUGH THE SITE ARE PROVIDED AS-IS, AS AVAILABLE, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ICUC MAKES NO WARRANTY THAT THIS SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES ICUC MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT ANY DEFECTS IN THE SOFTWARE WILL BE CORRECTED. IN ALL LIKELYHOOD THIS SITE AND ITS SERVICES WILL FAIL OR MALFUNCTION FROM TIME TO TIME WITHOUT PRIOR WARNING AND WITH THE CONSEQUENT LOSS OF YOUR DATA. USE OF THIS SITE IS ENTIRELY AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA 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 SUCH MATERIAL AND/OR DATA. ICUC MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS OR DATA TRANSMISSIONS ENTERED INTO OR THROUGH THE SERVICE WHETHER PURCHASED OR FREE OF CHARGE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ICUC, ITS AGENTS OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

ANY AND ALL RESPONSIBILITY AND/OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN ANY EMAIL OR ELECTRONIC FILE CONTAINING ANY FORM, DOCUMENT, TEXT OR PROGRAM IS DISCLAIMED.

WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE. OUR MAXIMUM LIABILITY TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO OR LESS THAN THE PURCHASE PRICE YOU PAY FOR ANY GOODS, SERVICES OR INFORMATION. FREE SERVICES WILL HAVE ZERO LIABILITY.

10. Use of Information. We reserve the right, and you authorize us, to the use and assignment of all information regarding Site uses by you and all information provided by you in any manner consistent with our privacy policy.

11. Third-Party Services. We allow access to or advertise third-party merchant sites ('Merchants') from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. You agree that use of such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.

12. Third-Party Merchant Policies. All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on such sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.

13. Privacy Policy. The Site makes no warranty or guarantee as to the degree (if any) of privacy of your data and/or information stored within or transiting the Site. By using the Site you acknowledge and accept that your privacy may be compromised in many ways both foreseen and unforeseen. Review our privacy policy often as it may change from time to time and is a part of this EUSA.

14. Payments. You represent and warrant that if you are purchasing something from us or from Merchants that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company or other payment authority, and (iii) you will fully pay the charges incurred by you at the posted prices, including any applicable taxes within 30 days of purchase.

15. Securities Laws. This Site may include statements concerning our strategies, prospects, operations, financial condition, future economic performance and demand for our products or services, as well as our intentions, plans and objectives. These are forward-looking statements. These statements are based upon a number of assumptions and estimates and are subject to significant uncertainties, many of which are beyond our control. When used on our Site or in communications with our staff, words like 'anticipates', 'expects', 'believes', 'estimates', 'seeks', 'plans', 'intends' and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. The Site and the information contained herein does not constitute an offer or a solicitation of an offer for sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of our securities-related filings or documents.

16. Links to other Web Sites. The Site contains links to other Web sites. These other Web sites may or may not be hosted by us. In either case, we are not responsible for the content, accuracy or opinions expressed in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. You are warned that such Web sites may be offensive to you. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party Web sites, you do so at your own risk.

17. Copyrights and Copyright Agents. We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information: (a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) A description of the copyrighted work that you claim has been infringed; (c) A description of where the material that you claim is infringing is located on the Site; (d) Your address, telephone number, and email address; (e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Our Copyright Agent for Notice of claims of copyright infringement on the Site is John Goodspeed who can be reached as follows: John Goodspeed, 1724 Westmoreland Trail, Annapolis, MD 21401

18. Refund Policy. If a service purchased by you proves to be defective or not to your reasonable satisfaction, you may request a refund within 21 days of service use, email such request to: admin@icuc.com to bring the matter to our attention. In such event, we will provide you a credit for other purchases on the Site. This Section 18 sets forth your sole and exclusive right to refund and return.

19. Information and Press Releases. The Site contains information and press releases about us. While this information was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.

20. No Resale or Commercial use of the Site. Your right to use the Service is personal to you. You may only be an individual. You may not be a corporation or other business entity. You agree not to resell or make any commercial use of the Service, without the express consent of ICUC.

21. Email and Web storage and other limitations. Site assumes no responsibility for the deletion (accidental or intentional) or failure to store or backup email messages, web sites or any other data. Site has set no fixed upper limit on the number of messages you may send or receive through the Site; however, ICUC retains the right, at Site's sole discretion, to determine whether or not your conduct is consistent with the letter and spirit of the EUSA and may terminate your use of Site if your conduct is found to be inconsistent with the EUSA.

22. Indemnification. You agree to indemnify and hold ICUC, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site, the violation of this EUSA by you, or the infringement by you, or other user of the Site using your computer, of any intellectual property or other right of any person or entity.

23. Termination. Either you or ICUC may terminate the use of Site with or without cause at any time and effective immediately. Termination shall be accompanied by written notice to the other party. ICUC shall not be liable to you or any third party for termination of Site use. Should you object to any terms and conditions of this EUSA or any subsequent modifications thereto or become dissatisfied with the Site in any way, your only recourse is to immediately: (1) discontinue use of the Site; (2) terminate Site membership; and (3) notify Site of your termination. Upon termination of Site use either by you or by us, your right to use the Site, software and systems immediately ceases. You shall have no right and ICUC will have no obligation thereafter to store and/or forward any unread or unsent or in transit messages to you or any third party. Your Site Web site will cease to be available and its data may be deleted.

24. Notice. All notices to a party shall be in writing and shall be made either via email or conventional mail. ICUC may broadcast notices or messages through the Service to inform you of changes to the EUSA, the Site, or other matters of importance; such direct email or email broadcasts shall constitute notice to you.

25. Miscellaneous. This Agreement shall be treated as though it were executed and performed in Annapolis, Maryland, and shall be governed by and construed in accordance with the laws of the State of Maryland (without regard to conflict of law principles). Any cause of action by you with respect to the Site (and/or any information, data, products or services related thereto) must be instituted within six (6) months after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 9 and Section 11. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against either party. All legal proceedings arising out of or in connection with this EUSA shall be brought solely in Annapolis, Maryland. You expressly submit to the exclusive jurisdiction of said courts and consents to extra-territorial service of process. Should any part of this EUSA be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this EUSA, this EUSA shall take precedence. Our failure to enforce any provision of this EUSA shall not be deemed a waiver of such provision nor of the right to enforce such provisions

 

 
   
 

Home | Contact Us | Help | About ICUC | Employment | Terms | 646.719.9999

© Copyright 2003 | Telephone Internet Number Authority | ICUC® is a registered trademark of TINA