InZon Corporation Web Site Agreement
The InZon Corporation Web Site (the
"Service") is an online information and communications service
provided by InZon Corporation ("IZON"), subject to your compliance with
the terms and conditions set forth below including, all exhibits hereto.
"
InZon " and the " InZon Corporation" design are
protected trademarks of IZON in the United States and other countries. Other
marks which appear on this Web site may be marks of third parties that are not
affiliated with IZON. IZON and its affiliates do not control or endorse the
content of third party Web sites.
Please read this Agreement carefully before accessing or using the Service.
By accessing or using the Service, you agree to be bound by the terms and
conditions set forth below. If you do not wish to be bound by these terms and
conditions, you may not access or use the Service. If you utilize the Service
in a manner inconsistent with these terms and conditions, IZON may terminate
your access, block your future access and/or seek such additional relief as the
circumstances of your misuse indicate is proper. IZON may modify this Agreement
at any time, and such modifications shall be effective immediately upon posting
of the modified Agreement. You agree to review the Agreement periodically to be
aware of such modifications and your continued access or use of the Service
shall be deemed your conclusive acceptance of the modified Agreement.
1.
Operating Policies. You agree to comply with the Operating Policies set
forth in this document(as they may be amended by IZON from time to time), which
are the rules that govern your activity in connection with the Service. IZON
has the right but not the obligation to remove any communications and materials
that IZON believes in its sole discretion violate the Operating Policies.
2.
Copyright, Licenses and Idea Submissions. The entire contents of the Service
are copyrighted under the United States copyright laws. The owner of the
copyright is IZON. You may print and download portions of material from the
different areas of the Service solely for your own non-commercial use. You may
make: (a) one machine readable copy, (b) one backup copy, and (c) one print
copy of any portions of material downloaded from the different areas of the
Service solely for your non-commercial use. Any other copying, redistribution,
retransmission or publication of any downloaded material, is strictly prohibited
without the express written consent of IZON or any third party information
provider to the Service. You agree not to change or delete any proprietary
notices from materials downloaded from the Service. You agree to grant to IZON
a non-exclusive, royalty-free, worldwide, perpetual license, with the right to
sublicense, to reproduce, distribute, transmit, create derivative works of,
publicly display and publicly perform any materials and other information
(including, without limitation, ideas contained therein for new or improved
products and services) you submit to public areas of the Service (such as
bulletin boards, forums and newsgroups) by all means and in any media now known
or hereafter developed. You also grant to IZON the right to use your name in
connection with the submitted materials and other information as well as in
connection with all advertising, marketing and promotional material related
thereto. You agree that you shall have no recourse against IZON for any alleged
or actual infringement or misappropriation of any proprietary right in your
communications to us.
3.
Use of the Service. You understand that, except for information, products or
services clearly identified as being supplied by IZON, IZON does not operate,
control or endorse any information, products or services on the Internet in any
way. Except for IZON-identified information, products or services, all
information, products and services offered through the Service or on the
Internet generally are offered by third parties that are not affiliated with
IZON. You also understand that IZON cannot and does not guarantee or warrant
that files available for downloading through the Service will be free of
infection or viruses, worms, Trojan horses or other code that manifest
contaminating or destructive properties. You are responsible for implementing
sufficient procedures and checkpoints to satisfy your particular requirements
for accuracy of data input and output, and for maintaining a means external to
the Service for the reconstruction of any lost data. You assume total
responsibility and risk for your use of the Service and the Internet. IZON does
not make any express or implied warranties, representations or endorsements
whatsoever (including without limitation warranties of title or
noninfringement, or the implied warranties of merchantability or fitness for a
particular purpose) with regard to the Service, any merchandise, information or
service provided through the Service or on the Internet generally, and IZON
shall not be liable for any cost or damage arising either directly or
indirectly from any such transaction. It is solely your responsibility to
evaluate the accuracy, completeness and usefulness of all opinions, advice,
services, merchandise and other information provided through the Service or on
the Internet generally. IZON does not warrant that the Service will be
uninterrupted or error-free or that defects in the Service will be corrected.
The Service and any software made available on the Service are provided on an "as
is, as available" basis.
You understand further that the
Internet contains unedited materials some of which are sexually explicit or may
be offensive to you. You access such materials at your risk. IZON has no
control over and accepts no responsibility whatsoever for such materials.
In no event will IZON be liable for
(I) any incidental, consequential, or indirect damages (including, but not
limited to, damages for loss of profits, business interruption, loss of
programs or information, and the like) arising out of the use of or inability
to use the Service, or any information, or transactions provided on the Service
or downloaded or hyperlinked from the Service, even if IZON or its authorized
representatives have been advised of the possibility of such damages, or (II)
any claim attributable to errors, omissions, or other inaccuracies in the
Service and/or materials or information downloaded through, or hyperlinked
from, the Service. Because some states do not allow the exclusion or limitation
of liability for consequential or incidental damages, the above limitation may
not apply to you. In such states, IZON's liability is limited to the greatest
extent permitted by law.
4.
Indemnification. You agree to indemnify, defend and hold harmless IZON,
its officers, directors, employees, agents, licensors, suppliers and any third
party information providers to the Service from and against all losses,
expenses, damages and costs, including reasonable attorneys' fees, resulting
from any violation of this Agreement by you.
Third Party Rights. The provisions of paragraphs
3 (Use of the Service), and 4 (Indemnification) are for the benefit of IZON and
its officers, directors, employees, agents, licensors, suppliers, and any third
party information providers to the Service. Each of these individuals or
entities shall have the right to assert and enforce those provisions directly
against you on its own behalf.
5.
Term; Termination. This Agreement may be terminated by either party without
notice at any time for any reason; provided that you may no longer use the
Service after you have terminated this Agreement. The provisions of paragraphs
2 (Copyright, Licenses and Idea Submissions), 3 (Use of the Service), 4
(Indemnification), 5 (Third Party Rights) and 7 (Miscellaneous) shall survive
any termination of this Agreement.
6.
Miscellaneous. This Agreement shall all be governed and construed in accordance with the
laws of the State of Florida applicable to agreements made and to be performed
in Florida. You agree that any legal action or proceeding between IZON and you
for any purpose concerning this Agreement or the parties' obligations hereunder
shall be brought exclusively in a federal or state court of competent
jurisdiction sitting in Florida. Any cause of action or claim you may have with
respect to the Service must be commenced within one (1) year after the claim or
cause of action arises or such claim or cause of action is barred. IZON's
failure to insist upon or enforce strict performance of any provision of this
Agreement shall not be construed as a waiver of any provision or right. Neither
the course of conduct between the parties nor trade practice shall act to
modify any provision of this Agreement. IZON may assign its rights and duties
under this Agreement to any party at any time without notice to you.
Exhibit A
Operating
Policies
Your participation in on-line
communications occurs in real time and is not edited, censored, or otherwise
controlled by IZON. IZON cannot and does not screen content provided by users
of the Service. Notwithstanding the foregoing, IZON reserves the right to
monitor content on the Service and to remove content which IZON, in its sole
discretion, determines to be harmful, offensive, or otherwise in violation of
these Operating Policies. In order to maintain an informative and valuable
service that meets the needs of the users of the Service and avoids the harm
that can result from disseminating statements that are false, malicious,
violate the rights of others, or otherwise harmful, it is necessary to
establish the following rules to protect against abuse:
1.
Unless you are participating in an area of the Service that requires or
encourages anonymity, use your real name in online communications.
2.
You may not post or transmit any message which is libelous, defamatory or
which discloses private or personal matters concerning any person. You may not
post or transmit any message, data, image or program which is indecent, obscene
or pornographic.
3.
You may not post or transmit any message, data, image or program that would
violate the property rights of others, including unauthorized copyrighted text,
images or programs, trade secrets or other confidential proprietary
information, and trademarks or service marks used in an infringing fashion.
4.
You may not interfere with other users use of the Service.
5.
You may not use any robot, spider, or other automatic device or process to
monitor or copy our web pages or any portion of the content contained herein
without our express written permission.
6.
You may not post or transmit any file which contains viruses, worms,
"Trojan horses" or any other contaminating or destructive features.
7.
You may not post or transmit any message which is harmful, threatening,
abusive or hateful. It is not the Service's intent to discourage you from
taking controversial positions or expressing vigorously what may be unpopular
views; however, IZON reserves the right to take such action as it deems
appropriate in cases where the Service is used to disseminate statements which
are deeply and widely offensive and/or harmful.
8.
You may not post or transmit charity requests, petitions for signatures,
chain letters or letters relating to pyramid schemes. You may not post or
transmit any advertising, promotional materials or any other solicitation of other
users of the Service for goods or services except in those areas (e.g., a
classified bulletin board) that are designated for such purpose.
9.
You may not post or list articles which are off-topic according to the description
of the group or list or send unsolicited mass emailings to 10 people or more if
such e-mail could reasonably be expected to provoke complaints from its
recipients.
10. You may not use the facilities
and capabilities of the Service to conduct any activity or solicit the
performance of any illegal activity or other activity which infringes the
rights of others.
InZon Corporation Online Privacy Policy
IZON has a firm
policy of recognizing and protecting the privacy of customers who use its telecommunications
networks. The company maintains strict customer information privacy policies
and uses state of the art technologies to safeguard customer information and
communications from unauthorized intrusions.
IZON recognizes that
the growth of online services, including Internet services, has created
additional privacy concerns, particularly for consumers.
Online privacy
concerns focus primarily on the protection of "customer identifiable"
information which an individual or other customer reasonably expects to be kept
private. As the term suggests, "customer identifiable" information is
information that, when associated with an individual identifies that
individual, for example, a customer's name, address, telephone number, and
e-mail address.
Some Internet users
may also wish to know who can learn about what they do on the Internet, even
when that online behavior is not directly linked to any information that
identifies an individual. For example, advertisers may observe whether visitors
to a Web site see or respond to online advertising without knowing who those
visitors are.
It is common practice
and often a necessity for companies, governments, or other organizations to
collect customer identifiable information in order to conduct business and
offer services. For example, a telecommunications provider may collect customer
identifiable information, such as name, address, telephone number, and a
variety of other information in the course of billing and providing telephone
service to a customer.
Some activities on
the Internet follow very familiar patterns. Consumers signing up for an
Internet access service, for example, are usually asked to provide name,
address, telephone number and credit card and other information that is typical
when the consumer orders a product or service. Similarly, business Web sites
may ask visitors to supply information about themselves, particularly when
information, services or merchandise are requested, but often simply to be able
to better target the company's services to the customer's interests and
requirements.
IZON has put in place
the following Online Privacy Policy, and continue to protect customer
information derived from its services consistent with federal laws and with
federal regulations issued by the Federal Communications Commission.
Collection
and Use: IZON will collect and use customer identifiable information for billing
purposes, to provide and change service, to anticipate and resolve problems
with your service, or to create and inform you of products and services that
better meet your needs. This means that IZON may use your customer identifiable
information, in conjunction with information available from other sources, to
market new services to you that we think will be of interest to you, but we
will not disclose your customer identifiable information to third parties who
want to market products to you.
When you access the
Internet, the computers that host Web sites you visit (Web servers) automatically
receive some anonymous information. This "usage data" may include a
record of which pages a Web browser has visited. IZON servers receive usage
data when customers visit our Web sites and use our telecommunication services.
IZON may use usage data to provide advertising about goods and services that
may be of interest to its customers, or to provide customized features and
services. IZON will not use information about your activities on the Internet
together with any information that identifies you without your consent.
IZON may from time to
time use advertising companies to deliver ads for its telecommunication
products on various third party Web sites. The advertising companies may also
receive some anonymous information about ad viewing by Internet users on such
third party Web sites and other Internet sites. This information may be
associated with a customer's Web browser, but cannot be associated with a name
or e-mail address without the customer's permission. (This means that
advertising companies may know where your computer goes on the Internet, but
they don't know who you are unless you tell them.) IZON does not supply
customer identifiable information to advertising companies or to individual
advertisers or other third parties. If you go to another Web site, including an
advertiser's Web site (for example by clicking on an ad), and request
information or enter a contest, be aware that you may be authorizing another
company, including an advertising company, to use information you supply. IZON
is not responsible for the actions of any advertising companies it engages to
promote its telecommuncation products, or for the actions of any third party
Web site operators. In order to
ascertain the prudence of clicking on such advertisements of IZON� telecommunication
products on such third party Web sites, you should read their privacy policies
and choose whether to let them collect information about what you do on the
Internet.
Disclosure: IZON will not sell, trade, or
disclose to third parties any customer identifiable information derived from
the registration for or use of any of our services - including customer names
and addresses - without the consent of the customer (except as required by
subpoena, search warrant, or other legal process or in the case of imminent
physical harm to the customer or others). When IZON uses other agents,
contractors or companies to perform services on its behalf, IZON will ensure
that the company protects your customer identifiable information consistent
with this Policy. If IZON includes your name and any other customer
identifiable information in a directory that IZON creates from information we
receive as a telecommunication service provider, the company will give you the
opportunity to have your information excluded from that directory. Business
directories that IZON creates may, however, contain information obtained from
other sources.
Security: IZON has implemented
technology and security features and strict policy guidelines to safeguard the
privacy of your customer identifiable information from unauthorized access or
improper use, and we will continue to enhance our security procedures as new
technology becomes available.
E-mail
Contents: The company will not read or disclose to third parties private e-mail
communications that are transmitted using our services except as required to
operate the service or as otherwise authorized by law.
Improper
Conduct: IZON may also use customer identifiable information to investigate and
help prevent potentially unlawful activity or activity that threatens the
network or otherwise violates the customer agreement for that service.
Account
Information: IZON honors requests from customers to review all customer identifiable
information maintained in reasonably retrievable form, which currently consists
of your name, address, e-mail address, telephone number and/or billing
information, and will correct any such information which may be inaccurate.
Customers may verify that appropriate corrections have been made.
Customer
Concerns: If you are a consumer with concerns about our online privacy policy or its
implementation you may contact us at +1 (800) 830-6242.
IZON also
participates in the BBBOnLine Privacy Program. Further information
about this program is available at www.bbbonline.org.
Under federal law you
have a right, and IZON has a duty, to protect the confidentiality of CPNI. IZON
is currently permitted to use CPNI, without further action by you or by IZON,
to offer additional services of the type you already purchase from IZON. We
would like to use your CPNI to offer you new and different
communications-related products and services. Before we can do that, IZON is
required to provide this notice and an opportunity for you to deny IZON's use
of your CPNI. Except as required by law, IZON will not sell, trade or share
your CPNI with anyone outside of IZON other than its duly authorized agents and
affiliates.
CPNI is information
that relates to the telecommunications services provided to you by IZON,
including the types of services, how much you use them, how they are provided
and related calling and billing records. CPNI does not include your telephone
number, name, and address.
We will not use your
CPNI until 33 days after a notice is sent to you. If at any time you would
prefer that IZON not use your CPNI to offer you other communications-related
products and services, you only need to call IZON at +1
(800) 830-6242 from your home phone. Any approval or denial of approval
for the use of your CPNI is valid until you affirmatively revoke such approval
or denial. Denial of approval will not affect the services that IZON provides
you or the manner in which the services are provided.
2004 InZon Corporation