SNET Internet Personal Home Page Web Site Agreement
This SNET Internet Personal Home Page Web Site Agreement (the "Agreement")
is between you and the SNET Diversified Group, Inc. ("SNET") with a
principal place of business at 227 Church Street, New Haven, Connecticut
06510. Use of the SNET Internet Personal Home Page Web site (the "SNET Web
Site") signifies your agreement to the terms and conditions of use set
forth below in the Agreement:
1. You acknowledge that you have read the terms and conditions of use and
that you accept the terms thereof. YOU AGREE TO READ THESE TERMS AND
CONDITIONS OF USE CAREFULLY BEFORE USING THIS SNET WEB SITE. If you do not
agree to these terms and conditions of use, you may not access or otherwise
use this SNET Web Site. SNET may monitor your use of this SNET Web Site,
and may freely use and disclose any information and materials received from
you or collected through your use of the SNET Web Site for any lawful
reason or purpose.
2. SNET reserves the right, at its sole discretion, to change, modify, add
or remove any portion of this Agreement, in whole or in part, at any time.
Notification of changes in the Agreement will be posted on the SNET Web
Site.
3. The SNET Web Site is protected by copyright as a collective work and/or
compilation, pursuant to U.S. copyright laws, international conventions,
and other copyright laws. The contents of the SNET Web Site are only for
your personal, noncommercial use. All materials contained on the SNET Web
Site including without limitation, news articles, fictional articles,
articles of any other nature, photographs, images, illustrations, audio
clips, video clips, code and software (collectively or individually the
"Content") are protected by copyright, and are owned or controlled by SNET
or the party credited as the provider of the Content. You will abide by
any and all additional copyright notices, information, or restrictions
contained in any Content on the SNET Web Site. You may not modify,
publish, transmit, participate in the transfer or sale of, reproduce
(except as provided in this Agreement), create derivative works from,
distribute, perform, display, reverse engineer, decompile, disassemble or
in any way exploit, any of the Content, or the SNET Web Site in whole or in
part. You may download and make one (1) copy of the Content and other
downloadable items displayed on this SNET Web Site for your personal,
non-commercial use only, provided that you maintain all copyright and other
notices contained in such Content. You will not store any significant
portion of any Content owned by, or licensed to SNET, in any form. Copying
or storing of any Content for other than personal, noncommercial use is
expressly prohibited without the prior written permission from SNET or the
copyright holder identified in the individual Content's copyright notice.
4. SNET may change, suspend or discontinue any aspect of the SNET Web Site
at any time, including the availability of any SNET Web Site feature,
database, or Content. SNET may also impose limits on certain features and
services or restrict your access to parts or all of the SNET Web Site
without notice or liability.
5. You represent, warrant and covenant that: (a) you shall not upload,
post, transmit, distribute or otherwise publish through the SNET Web Site,
any materials which (i) restrict or inhibit any other user from using and
enjoying the SNET Web Site, (ii) are unlawful, threatening, abusive,
libelous, defamatory, obscene, vulgar, offensive, pornographic, profane,
sexually explicit or indecent, (iii) constitute or encourage conduct that
would constitute a criminal offense, give rise to civil liability or
otherwise violate any local, state, national or international law, (iv)
violate, plagiarize or infringe the rights of third parties including,
without limitation, copyright, trademark, patent, rights of privacy or
publicity or any other proprietary right, (iv) contain a virus or other
harmful component, (v) contain any information, software or other material
of a commercial nature, (vi) contain advertising of any kind, or (vii)
constitute or contain false or misleading indications of origin or
statements of fact; and (b) that you are at least eighteen (18) years old.
You hereby agree to indemnify, defend and hold SNET, and all its officers,
directors, owners, agents, employees, information providers, affiliates,
licensors and licensees (collectively, the "Indemnified Parties") harmless
from and against any and all liability and costs incurred by the
Indemnified Parties in connection with any claim arising out of any breach
by you of the Agreement or the foregoing representations, warranties and
covenants, including, without limitation, attorneys' fees and costs. You
shall cooperate as fully as reasonably required in the defense of any
claim. SNET reserves the right, at its own expense, to assume the
exclusive defense and control of any matter otherwise subject to
indemnification by you and you shall not in any event settle any matter
without the written consent of SNET.
6. The SNET Web Site contains links and pointers to other related World
Wide Web Internet sites, resources, and sponsors of the SNET Web Site.
Links to and from the SNET Web Site to other third party sites, maintained
by third parties, do not constitute an endorsement by SNET or any of our
subsidiaries or affiliates of any third party site or content. SNET is not
responsible for the availability of these third party resources, or their
contents. You should direct any concerns regarding any external link to
its site administrator or Webmaster. SNET does not represent or endorse
the accuracy or reliability of any advice, opinion, statement, or other
information displayed or distributed through the SNET Web Site. You
acknowledge that any reliance upon any such opinion, advice, statement,
memorandum, or information shall be at your sole risk. SNET reserves the
right, in its sole discretion, to correct any errors or omissions in any
portion of the SNET Web Site.
7. SNET is under no obligation to review materials posted to the SNET Web
Site by users, and SNET is not responsible for any such materials posted by
users. However, SNET reserves the right at all times to disclose any
information as necessary to satisfy any law, regulation or government
request, or to edit, refuse to post or to remove any information or
materials, in whole or in part, that in SNET's sole discretion are
objectionable or in violation of this Agreement.
8. THE SNET WEB SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS,
MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SNET
WEB SITE, IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW,
SNET AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SNET WEB SITE OR
THE MATERIALS INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE
USED ON OR ACCESSED THROUGH THE SNET WEB SITE, FOR ANY PRODUCTS OR SERVICES
OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY
ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SNET
WEB SITE OR ANY LINKED SITE. FURTHER, SNET AND ITS SUBSIDIARIES AND
AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT
LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE. SNET DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SNET
WEB SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERUPTED
OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SNET WEB SITE OR
THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL
COMPONETS. SNET AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO WARRANTIES AND
SHALL NOT BE LIABLE FOR THE USE OF THE SNET WEB SITE, INCLUDING WITHOUT
LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN UNDER ANY DIRECT
OR INDIRECT CIRCUMSTANCES, INCLUDING BUT NOT LIMITED, TO SNET'S NEGLIGENCE.
UNDER NO CIRCUMSTANCES SHALL SNET OR ITS SUBSIDIARIES OR AFFILIATES BE
LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR
INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT,
MATERIALS AND FUNCTIONS IN THE SNET WEB SITE, EVEN IF SNET OR ITS
SUBSIDIARIES OR AFFILIATES OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE
ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL SNET
OR ITS SUBSIDIARIES OR AFFILIATES TOTAL LIABILITY TO YOU FOR ALL DAMAGES,
LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT
NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED $100.00.
9. Any or all material and information provided by you to this SNET Web
Site may be included in a database owned by SNET and its subsidiaries and
affiliates in which we have rights and interest, including but not limited
to, the compilation copyright. We reserve the right to use any information
you provide to us or that we obtain through your use of this SNET Web Site
to the fullest extent permitted by law.
10. By posting or transmitting messages, uploading files, inputting data
or engaging in any other form of communication (individually or
collectively "Communications") to the SNET Web Site, you hereby grant to
SNET a perpetual, worldwide, irrevocable, unrestricted, non-exclusive,
royalty free license to use, copy, license, sublicense, adapt, distribute,
display, publicly perform, reproduce, transmit, modify, edit and otherwise
exploit such Communications, in all media now known or hereafter developed.
The foregoing grants shall include the right to exploit any and all
proprietary rights in such Communications including, without limitation,
any and all rights under copyright, trademark, servicemark or patent laws
under any relevant jurisdiction. You hereby waive all rights to any claim
against SNET for any alleged or actual infringement of any proprietary
rights, rights of privacy and publicity, moral rights, and rights of
attribution in connection with such Communications.
11. You acknowledge that transmissions to and from this SNET Web Site are
not confidential and your Communications may be read or intercepted by
others. You acknowledge that by submitting Communications to SNET, no
confidential, fiduciary, contractually implied or other relationship is
created between you and SNET other than pursuant to this Agreement. SNET
shall not be responsible for the payment of any monies to any party in
connection with SNET's use of Communications submitted by you to the SNET
Web Site.
12. THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH
THE LAWS OF THE STATE OF CONNECTICUT, WITHOUT REGARD TO CONFLICTS OF LAWS
PROVISIONS. SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING
ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE AN APPROPRIATE STATE
OR FEDERAL COURT LOCATED IN THE STATE OF CONNECTICUT.
13. This Agreement constitutes the entire agreement between SNET and you
with respect to your use of the SNET Web Site. Any cause of action you may
have with respect to the SNET Web Site must be commenced within one (1)
year after the claim or cause of action arises. If for any reason a court
of competent jurisdiction finds any provision of the Agreement, or portion
thereof, to be unenforceable, that provision shall be enforced to the
maximum extent permissible so as to effect the intent of the Agreement, and
the remainder of this Agreement shall continue in full force and effect.