User
Agreement
Terms and Conditions
1. General 1.1
This agreement governs your use of the AccessNorthGa.com
Internet information service (the “Service”),
including the interactive chat, survyes, and discussion
areas (the “Interactive Areas”), which is
operated by AccessNorthGa.com (“ANGA”),
a unit of Jacobs Media Corporation (“JMC”).
Additional terms and conditions of use applicable to
specific areas of the Service may also be posted in
such areas and, together with this agreement, govern
your use of those areas. This agreement, together with
any such additional term and conditions, are referred
to as this “Agreement.”
1.2 ANGA reserves the right, in
its discretion, to change or modify all or any part
of this Agreement at any time, effective immediately
upon notice published on the Service. Your continued
use of the Service constitutes your binding acceptance
of these terms and conditions, including any changes
or modifications made by ANGA as permitted above. If
at any time the terms and conditions of this Agreement
are no longer acceptable to you, you should immediately
cease all use of the Service.
2. Use of Content
2.1 You acknowledge that the Service
contains information, software, photographs, audio and
video clips, graphics, links and other material (collectively,
the “Content”) that are protected by copyright,
trademark or other proprietary rights of ANGA or third
parties. All Content on the Service is copyrighted as
a collective work of ANGA pursuant to applicable copyright
law. You agree to comply with any additional copyright
notices, information, or restrictions contained in any
Content available on or accessed through the Service.
Users of the Service may use the Content only for their
personal, noncommercial use.
2.2 You may not modify, publish,
transmit, transfer or sell, reproduce, create derivative
works from, distribute, perform, display, or in any
way exploit any of the Content, in whole or in part,
except as expressly permitted in this Agreement. Content
consisting of downloadable software may not be reverse
engineered unless specifically authorized by the owner
of the software's patent and/or copyright. You may post
on the Service any Content owned by you (such as your
original statements), Content for which you have received
express permission from the owner and Content in the
public domain. You assume all risk and responsibility
for determining whether any Content is in the public
domain. You grant to ANGA the right to edit, copy, publish,
distribute, translate and otherwise use in any medium
any Content that you place on the Service without compensation
to you. You represent and warrant that you are authorized
to grant all rights set forth in the preceding sentence.
2.3 You may download or copy the
Content only for your own personal use, provided that
you maintain all copyright and other notices contained
in such Content. You shall not store electronically
any significant portion of any Content. Except as expressly
permitted by the copyright laws, no copying, storage,
redistribution or publication of any Content is permitted
without the express permission of ANGA or the owners
of such Content or their authorized persons, if other
than ANGA. You may download from the Service any Content
in the public domain for your own personal use or for
non-commercial redistribution.
3. Rules of Conduct
You shall not post on the Service
any Content which (a) is libelous, defamatory, obscene,
pornographic, abusive, harassing or threatening, (b)
contains viruses or other contaminating or destructive
features, (c) violates the rights of others, such as
Content which infringes any copyright, trademark, patent,
trade secret or violates any right of privacy or publicity,
or (d) otherwise violates any applicable law. You may
not post on the Service any links to any external Internet
sites that are obscene or pornographic. You shall not
use the Service for any commercial purpose, to distribute
any advertising or solicitation of funds or goods and
services or to solicit users to join competitive online
services.
4. Managing Content
ANGA does not and cannot review
the Content posted by users on the Service and is not
responsible for such Content. However, ANGA reserves
the right to delete, move or edit any Content (including
Content posted in any Interactive Area) that it may
determine, in its sole discretion, violates this Agreement
or is otherwise unacceptable. You shall remain solely
responsible for all Content posted by you. ANGA shall
have the right, but not the obligation, to correct any
errors or omissions in any Content, as it may determine
in its sole discretion.
5. No Endorsement
5.1 ANGA does not represent or
endorse the accuracy or reliability of any Content posted
on any Interactive Area and you acknowledge that any
reliance upon such Content shall be at your sole risk.
Any Content placed on any Interactive Area by users
are the views of the user posting the statement, and
do not represent the views of ANGA.
5.2 The Service may contain links
to sites on the Internet which are owned and operated
by third parties (the “External Sites”).
You acknowledge that ANGA is not responsible for the
availability of, or the content located on or through,
any External Site. You should contact the site administrator
or Webmaster for those External Sites if you have any
concerns regarding such links or the content located
on such External Sites.
6. Indemnity
You agree to indemnify, defend
and hold ANGA and its affiliates, and their respective
officers, directors, owners, agents, information providers
and licensors (collectively, the “ANGA Parties”)
harmless from and against any and all claims, liability,
losses, costs and expenses (including attorneys' fees)
incurred by any ANGA Party in connection with any use
or alleged use of the Service under your password by
any person, whether or not authorized by you. ANGA reserves
the right, at its own expense, to assume the exclusive
defense and control of any matter otherwise subject
to indemnification by you, and in such case, you agree
to cooperate with ANGA's defense of such claim.
7. Termination of Service
ANGA reserves the right, in its
sole discretion, to restrict, suspend or terminate your
access to all or any part of the Service, including
the Interactive Areas, at any time for any reason without
prior notice or liability. ANGA may change, suspend
or discontinue all or any aspect of the Service at any
time, including the availability of any feature, database,
or Content (including the Interactive Areas), without
prior notice or liability.
8. DISCLAIMER OF WARRANTIES;
LIMITATION OF LIABILITY.
8.1 NEITHER ANGA NOR ANY PROVIDER
OF THIRD PARTY CONTENT OR THEIR RESPECTIVE AGENTS WARRANTS
THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE;
NOR DOES ANGA, ANY THIRD PARTY CONTENT PROVIDER, OR
THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY AS TO THE
RESULTS TO BE OBTAINED FROM USE OF THE SERVICE OR THE
CONTENT. THE SERVICE AND THE CONTENT ARE DISTRIBUTED
ON AN “AS IS, AS AVAILABLE” BASIS. NONE
OF ANGA, THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE
AGENTS MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS
OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES
OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE
SERVICE, ANY CONTENT OR ANY PRODUCTS OR SERVICES SOLD
THROUGH THE SERVICE. NEITHER ANGA NOR ANY THIRD PARTY
CONTENT PROVIDER WARRANTS THAT ANY FILES AVAILABLE FOR
DOWNLOADING THROUGH THE SERVICE WILL BE FREE OF VIRUSES
OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. YOU
EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY
AND PERFORMANCE OF THE SERVICE AND THE ACCURACY OR COMPLETENESS
OF THE CONTENT IS ASSUMED SOLELY BY YOU.
8.2 NEITHER ANGA, ANY THIRD PARTY
CONTENT PROVIDER NOR THEIR RESPECTIVE AGENTS SHALL BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL
OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR
INABILITY TO USE THE SERVICE, EVEN IF SUCH PARTY HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8.3 SOME STATES DO NOT ALLOW EXCLUSION
OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS
OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES,
THE LIABILITY OF ANGA, THIRD PARTY CONTENT PROVIDERS
AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE
GREATEST EXTENT PERMITTED BY LAW.
9. Miscellaneous
This Agreement shall be construed
in accordance with the laws of the State of Georgia,
and the parties irrevocably consent to bring any action
to enforce this Agreement in the federal or state courts
located in Gainesville, GA. This Agreement constitutes
the entire agreement between the parties with respect
to the subject matter hereof, and supersedes all previous
written or oral agreements between the parties with
respect to such subject matter. If any inconsistency
exists between the terms of this agreement and any additional
terms and conditions posted on the Service, such terms
shall be interpreted as to eliminate any inconsistency,
if possible, and otherwise, the additional terms and
conditions shall control. Sections 2, 3, 7, and 8 shall
survive any termination of this Agreement as well as
any other provisions which by their terms or sense are
intended to survive. |