CYGO.COM's
TERMS OF SERVICE
Your use of any CYGO sites and services
constitutes agreement with these terms,
conditions, and notices.
You are entirely responsible for maintaining the
confidentiality of your passwords and accounts
and any and all activities that occur under your
accounts. CYGO will not be liable for any loss
that you may incur as a result of someone else
using your password or account, either with or
without your knowledge. However, you could be
held liable for losses incurred by CYGO or
another party due to someone else using your
account or password. You may not use anyone
else's account at any time, without the
permission of the account holder.
CYGO reserves the right to change the terms,
conditions, and notices under which the CYGO
Sites/Services are offered, including but not
limited to the charges associated with the use of
the CYGO Sites/Services. You are responsible for
regularly reviewing these terms and any
additional terms posted on particular websites.
Your continued use of the CYGO Sites/Services
constitutes your agreement to all such terms,
conditions, and notices.
CYGO is not responsible for the contents of any
Linked Site, including without limitation any
link contained in a Linked Site, or any changes
or updates to a Linked Site. CYGO is not
responsible for webcasting or any other form of
transmission received from any Linked Site nor is
CYGO responsible if the Linked Site is not
working appropriately. CYGO is providing these
links to you only as a convenience, and the
inclusion of any link does not imply endorsement
by CYGO of the site or any association with its
operators.
Any dealings with third parties (including
advertisers) included within the CYGO
Sites/Services or participation in promotions are
solely between you and the advertiser or other
third party. CYGO shall not be responsible or
liable for any part of any such dealings or
promotions.
As a condition of your use of the CYGO
Sites/Services, you will not use the CYGO
Sites/Services for any purpose that is unlawful
or prohibited by these terms, conditions, and
notices. You may not use the CYGO Sites/Services
in any manner which could damage, disable,
overburden, or impair any CYGO Site/Service(s)
(or the network(s) connected to any CYGO
Site/Service(s)) or interfere with any other
party's use and enjoyment of any CYGO
Site/Service(s). You may not attempt to gain
unauthorized access to any CYGO Site/Service,
other accounts, computer systems or networks
connected to any CYGO Site/Service, through
hacking, password mining or any other means. You
may not obtain or attempt to obtain any materials
or information through any means not
intentionally made available through the CYGO
Sites/Services.
CYGO may contain e-mail services, bulletin board
services, forums, communities, personal web
pages, calendars, photo albums, file cabinets
and/or other message or communication facilities
designed to enable you to communicate with
others. You agree to use these services to post,
send and receive messages and material that are
proper. You will not:
Use the Communication Service in connection with
surveys, contests, pyramid schemes, chain
letters, junk email, spamming or any duplicative
or unsolicited messages (commercial or
otherwise).
Defame, abuse, harass, stalk, threaten or
otherwise violate the legal rights (such as
rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate
any inappropriate, profane, defamatory,
infringing, obscene, indecent or unlawful topic,
name, material or information.
Upload files that contain software or other
material protected by intellectual property laws
(or by rights of privacy of publicity) unless you
own or control the rights thereto or have
received all necessary consents to do the same.
Upload files that contain viruses, Trojan horses,
worms, time bombs, cancelbots, , corrupted files,
or any other similar software or programs that
may damage the operation of another's computer or
property of another.
Advertise or offer to sell or buy any goods or
services for any business purpose, unless such
Communication Service specifically allows such
messages.
Download any file posted by another user of a
Communication Service that you know, or
reasonably should know, cannot be legally
distributed in such manner.
Falsify or delete any author attributions, legal
or other proper notices or proprietary
designations or labels of the origin or source of
software or other material contained in a file
that is uploaded.
Restrict or inhibit any other user from using and
enjoying the Communication Services.
Violate any code of conduct or other guidelines
which may be applicable for any particular
Communication Service.
Harvest or otherwise collect information about
others, including e-mail addresses.
Violate any applicable laws or regulations.
Create a false identity for the purpose of
misleading others.
Use, download or otherwise copy, or provide
(whether or not for a fee) to a person or entity
any directory of users of an CYGO Site/Service(s)
or other user or usage information or any portion
thereof.
CYGO has no obligation to monitor the
Communication Services. However, CYGO reserves
the right to review materials posted to a
Communication Service and to remove any materials
in its sole discretion. CYGO reserves the right
to terminate your access to any or all of the
Communication Services at any time, without
notice, for any reason whatsoever.
CYGO reserves the right at all times to disclose
any information as CYGO deems necessary to
satisfy any applicable law, regulation, legal
process or governmental request, or to edit,
refuse to post or to remove any information or
materials, in whole or in part, in CYGO's sole
discretion.
CYGO disclaims any liability with regard to the
Communication Services and any actions resulting
from your participation in them. Managers and
hosts are not authorized CYGO spokespersons, and
their views do not necessarily reflect those of
CYGO.
Materials uploaded to a Communication Service may
be subject to posted limitations on usage,
reproduction and/or dissemination, you are
responsible for adhering to such limitations if
you download the materials.
CYGO does not claim ownership of the materials
you provide. However, by including your
Submission you are granting CYGO, its affiliated
companies and necessary sublicensees permission
to use your Submission in connection with the
operation of their Internet businesses including,
without limitation, the rights to: copy,
distribute, transmit, publicly display, publicly
perform, reproduce, edit, translate and reformat
your Submission; and to publish your name in
connection with your Submission.
No compensation will be paid with respect to the
use of your Submission, as provided herein. CYGO
is under no obligation to post or use any
Submission you may provide and CYGO may remove
any Submission at any time in its sole
discretion.
By posting, uploading, inputting, providing or
submitting your Submission you warrant and
represent that you own or otherwise control all
of the rights to your Submission as described in
this section including, without limitation, all
the rights necessary for you to provide, post,
upload, input or submit the Submissions.
COPYING OR REPRODUCTION OF THE CONTENT OR
SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR
FURTHER REPRODUCTION OR REDISTRIBUTION IS
EXPRESSLY PROHIBITED.
LIABILITY DISCLAIMER THE INFORMATION, SOFTWARE,
PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE
THROUGH THE CYGO SITES/SERVICES MAY INCLUDE
INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE
PERIODICALLY MADE TO THE CYGO SITES/SERVICES AND
TO THE INFORMATION THEREIN. CYGO AND/OR ITS
RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR
CHANGES IN THE CYGO SITES/SERVICES AT ANY TIME.
ADVICE RECEIVED VIA THE CYGO SITES/SERVICES
SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL,
LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD
CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC
ADVICE TAILORED TO YOUR SITUATION.
CYGO AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO
REPRESENTATIONS ABOUT THE SUITABILITY,
RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF
VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY
OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES
AND RELATED GRAPHICS CONTAINED WITHIN THE CYGO
SITES/SERVICES FOR ANY PURPOSE. ALL SUCH
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS ARE PROVIDED "AS IS"
WITHOUT WARRANTY OF ANY KIND. CYGO AND/OR ITS
RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL
WARRANTIES AND CONDITIONS WITH REGARD TO THIS
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS, INCLUDING ALL IMPLIED
WARRANTIES AND CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE
EFFORT, TITLE AND NON-INFRINGEMENT.
YOU SPECIFICALLY AGREE THAT CYGO SHALL NOT BE
RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY
MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR
RECEIVED, OR ANY TRANSACTIONS ENTERED INTO
THROUGH AN CYGO SITE/SERVICE. YOU SPECIFICALLY
AGREE THAT CYGO IS NOT RESPONSIBLE OR LIABLE FOR
ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE
OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY
OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS,
INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU
SPECIFICALLY AGREE THAT CYGO IS NOT RESPONSIBLE
FOR ANY CONTENT SENT USING AND/OR INCLUDED IN AN
CYGO SITE/SERVICE BY ANY THIRD PARTY.
IN NO EVENT SHALL CYGO AND/OR ITS SUPPLIERS BE
LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY
DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING
OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR
PERFORMANCE OF THE CYGO SITES/SERVICES, WITH THE
DELAY OR INABILITY TO USE THE CYGO SITES/SERVICES
OR RELATED SERVICES, THE PROVISION OF OR FAILURE
TO PROVIDE SERVICES, OR FOR ANY INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
OBTAINED THROUGH THE CYGO SITES/SERVICES, OR
OTHERWISE ARISING OUT OF THE USE OF THE CYGO
SITES/SERVICES, WHETHER BASED ON CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN
IF CYGO OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED
OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME
STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT
APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY
PORTION OF THE CYGO SITES/SERVICES, OR WITH ANY
OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE
REMEDY IS TO DISCONTINUE USING THE CYGO
SITES/SERVICES.
STORAGE SPACE AND OTHER LIMITATIONS
The amount of storage space per user is limited
for each CYGO Site/Service which provides such
storage. Some messages may not be processed due
to space constraints or outbound message
limitations. You agree that CYGO is not
responsible or liable for the deletion or failure
to store messages or other information.
SERVICE CONTACT: uuu77@hotmail.com
CYGO reserves the right, in its sole discretion,
to terminate your access to any or all CYGO
Sites/Services and the related services or any
portion thereof at any time, without notice.
CYGO may also terminate or suspend your access to
CYGO Site/Service(s) for inactivity, which is
defined as failing to log into a particular
service for an extended period of time, as
determined by CYGO. The amount of time that CYGO
currently considers as an "extended"
period of time may be viewed in the FAQ relating
to the particular service. Upon termination of
the CYGO Site/Service, your right to use the CYGO
Site/Service immediately ceases.
CYGO shall have no obligation to maintain any
content or to forward any unread or unsent
messages to you or any third party.
CYGO will immediately terminate any account which
it believes, in its sole discretion, is
transmitting or is otherwise connected with any
spam or other unsolicited bulk email. In
addition, because damages are often difficult to
quantify, if actual damages cannot be reasonably
calculated then you agree to pay CYGO liquidated
damages of $5 for each piece of spam or
unsolicited bulk email transmitted from or
otherwise connected with your account, otherwise
you agree to pay CYGO's actual damages, to the
extent such actual damages can be reasonably
calculated.
It is the express will of the parties that this
agreement and all related documents have been
drawn up in English. C'est la volonté expresse
des parties que la présente convention ainsi que
les documents qui s'y rattachent soient rédigés
en anglais.
This agreement is governed by the laws of the
State of New York, U.S.A. You hereby irrevocably
consent to the exclusive jurisdiction and venue
of courts in Ontario County, New York, U.S.A. in
all disputes arising out of or relating to the
use of the CYGO Sites/Services. Use of the CYGO
Sites/Services is unauthorized in any
jurisdiction that does not give effect to all
provisions of these terms and conditions,
including without limitation this paragraph. You
agree that no joint venture, partnership,
employment, or agency relationship exists between
you and CYGO as a result of this agreement or use
of the CYGO Sites/Services. You agree to
indemnify and hold CYGO, its parents,
subsidiaries, affiliates, officers and employees,
harmless from any claim, demand, or damage,
including reasonable attorneys' fees, asserted by
any third party due to or arising out of your use
of or conduct on the CYGO Sites/Services. CYGO
reserves the right to disclose any personal
information about you or your use of the CYGO
Sites/Services, including its contents, without
your prior permission if CYGO has a good faith
belief that such action is necessary to: (1)
conform to legal requirements or comply with
legal process; (2) protect and defend the rights
or property of CYGO or its affiliated companies;
(3) enforce the terms or use; or (4) act to
protect the interests of its members or others.
CYGO's performance of this agreement is subject
to existing laws and legal process, and nothing
contained in this agreement is in derogation of
CYGO's right to comply with governmental, court
and law enforcement requests or requirements
relating to your use of the CYGO Sites/Services
or information provided to or gathered by CYGO
with respect to such use. If any part of this
agreement is determined to be invalid or
unenforceable pursuant to applicable law
including, but not limited to, the warranty
disclaimers and liability limitations set forth
above, then the invalid or unenforceable
provision will be deemed supers eded by a valid,
enforceable provision that most closely matches
the intent of the original provision and the
remainder of the agreement shall continue in
effect. Unless otherwise specified herein, this
agreement constitutes the entire agreement
between the user and CYGO with respect to the
CYGO Sites/Services and it supersedes all prior
or contemporaneous communications and proposals,
whether electronic, oral or written, between the
user and CYGO with respect to the CYGO
Sites/Services. A printed version of this
agreement and of any notice given in electronic
form shall be admissible in judicial or
administrative proceedings based upon or relating
to this agreement to the same extent and subject
to the same conditions as other business
documents and records originally generated and
maintained in printed form.
Any rights not expressly granted herein are
reserved.
|