When using
TPO Internet, you agree to the terms and conditions listed on this page (the
"Terms of Service"). You can always check out the most current version
at this page. In addition, when
using particular TPO Internet services, you shall be subject to any posted
guidelines applicable to such services, and any terms or conditions applicable
to TPO Internet services provided in conjunction with any of TPO Internet's
content and service partners. All such rules and guidelines are hereby
incorporated by reference into the Terms of Service. If you do not agree to
these Terms of Service please do not use the site and do not register to be a
member of TPO Internet. We reserve the right, at our discretion, to change,
modify, add, or remove portions of these Terms of Service at any time. Please
check these terms periodically for changes. Your continued use of the TPO
Internet Service following the posting of changes to these will mean you accept
those changes.
Overview
TPO Internet is a multi-purpose service which allows you to use or access a
wealth of products and services, including e-mail, search services, chat rooms
and bulletin boards, shopping services, news, financial information and broad
range of other content (collectively the "TPO Internet Service").
These Terms of Service apply to the TPO Internet Service as well as any new
products or services that we may add in the future (unless stated otherwise).
General Terms of Service and, Restrictions on Use of Materials
By using the TPO Internet Service, you agree to be legally bound and to abide by
the Terms of Service, just as if you had signed this Agreement. If you do not
comply with the Terms of Service at any time, TPO Internet reserves the right to
terminate your access the TPO Internet Service. TPO Internet may discontinue or
alter any aspect of the TPO Internet Service, including, but not limited to, (i)
restricting the time the TPO Internet Service is available, (ii) restricting the
amount of use permitted, and (iii) restricting or terminating any user's right
to use the TPO Internet Service, at TPO Internet's sole discretion and without
prior notice or liability. You are responsible for all charges associated with
connecting to the TPO Internet Service through an available access number. You
are also responsible for obtaining or providing all access lines, telephone and
computer equipment (including modem), or other device, necessary to access the
TPO Internet Service. You further certify that you are an individual and, if you
are registering and using the TPO Internet Services, that you are 13 or older or
have guardian or parental approval.
In order to permit TPO Internet to protect the quality of its products and
services, you hereby consent to TPO Internet employees being able to access your
account and records on a case by case basis to investigate complaints or other
allegations or abuse. TPO Internet shall not disclose the existence or
occurrence of such an investigation unless required by law.
You acknowledge that the TPO Internet Service contains information, software,
photos, video, text, graphics, music, sounds or other material (collectively,
"Content") that are protected by copyrights, patents, trademarks,
trade secrets or other proprietary rights, and that these rights are valid and
protected in all forms, media and technologies existing now or here after
developed. All Content is copyrighted as a collective work under the U.S.
copyright laws, and TPO Internet owns a copyright in the selection,
coordination, arrangement and enhancement of such Content. The TPO Internet name
and logo are trademarks of TPO Internet, Inc. All other trademarks appearing on
the TPO Internet Service are trademarks of their respective owners. TPO
Internet's partners may also have additional proprietary rights in the content
which they make available through the TPO Internet service. You may not modify,
publish, transmit, participate in the transfer or sale, create derivative works,
or in any way exploit, any of the Content, in whole or in part, except that you
may download one copy of the materials on any single computer for your personal,
non-commercial home use only, provided you keep intact all copyright and other
proprietary notices. Modification of the materials or use of the materials for
any other purpose, including use of any such material on any other web site or
networked computer environment is strictly prohibited. In the event you download
software provided by TPO Internet, the software, including any files, images
incorporated in or generated by the software, and data accompanying the software
(collectively, the "Software") are licensed to you by TPO Internet.
TPO Internet does not transfer title to the Software to you. You may not
redistribute, sell, decompile, reverse engineer, disassemble, or otherwise
reduce the Software to a human-readable form.
Registration
If you elect to register to use TPO Internet Service you agree to: (a) provide
true, accurate, current and complete information about yourself as prompted by
the TPO Internet Service's registration form (such information being the
"Registration Data") and (b) maintain and promptly update the
Registration Data to keep it accurate. If you provide any information that is
untrue, inaccurate, or incomplete, or TPO Internet has reasonable grounds to
suspect that such is the case, TPO Internet has the right to suspend or
terminate your account and refuse any and all current or future use of the TPO
Internet Service (or any portion thereof).
TPO Internet's Privacy Policy
Pursuant to TPO Internet's privacy policy, we WILL NOT disclose to third parties
information contained in your Registration Data or related data, however,
in the good faith belief honest citizens choose to co-operate with “the laws
of our country, we will disclose to proper authorities information that is
reasonably necessary to comply with the law, legal process, or to enforce the
Terms of Service.
Community Standards and Conduct in TPO Internet Forums
You acknowledge that all Content, whether publicly posted or privately
transmitted, is the sole responsibility of the person from which such Content
originated. This means that you are entirely responsible for all Content that
you post, email or otherwise transmit via the TPO Internet Service. TPO Internet
does not control all of the Content posted via the TPO Internet Service and, as
such, does not guarantee the accuracy, integrity or quality of such Content. You
understand that by using the TPO Internet Service, you may be exposed to Content
that is offensive, indecent or objectionable. Under no circumstances will TPO
Internet be liable in any way for any Content, including, but not limited to,
for any errors or omissions in any Content, or for any loss or damage of any
kind incurred as a result of the use of any Content posted, emailed or otherwise
transmitted via the TPO Internet Service.
You agree to not use the TPO Internet Service to:
A "Forum" refers to a chat area,
bulletin board, "instant messaging" or virtual community offered as
part of the TPO Internet Service. TPO Internet also provides its users with
access to e-mail. The Forums and e-mail shall be used only in a noncommercial
manner. You shall not, without TPO Internet's express written approval,
distribute or otherwise publish any material containing any solicitation of
funds, promotion, advertising, or solicitation for goods or services.
It is our policy to respect the privacy of all users. Therefore, in addition to
our Privacy Policy, we will not monitor, edit, or disclose the contents of a
user or member e-mail unless required in the course of normal maintenance of TPO
Internet Service and its systems or unless required to do so by law or in the
good-faith belief that such action is necessary to: (1) comply with the law or
comply with legal process served on TPO Internet; (2) protect and defend the
rights or property of TPO Internet; or (3) act in an emergency to protect the
personal safety of our users or the public. You shall remain solely responsible
for the content of your messages.
All TPO Internet Forum communications, including chat and bulletin board
communications are public and not private communications. Although TPO Internet
reserves the right to remove without notice any Forum posting for any reason, we
have no obligation to delete content that you may find objectionable or
offensive. By uploading materials to any Forum or submitting any materials to
us, you automatically grant (or warrant that the owner of such materials has
expressly granted) us a perpetual, royalty-free, irrevocable, non- exclusive
right and license to use, reproduce, modify, adapt, publish, translate, create
derivative works from and distribute such materials or incorporate such
materials into any form, medium, or technology now known or later developed
throughout the universe. In addition, you warrant that all so-called "moral
rights" in those materials have been waived.
Your privilege to use the TPO Internet Forums and contribute to discussions on
the TPO Internet Forums depends on your compliance with the member conduct
guidelines set forth above. TPO Internet may revoke your registration privileges
and/or take any other appropriate measures to enforce these guidelines if
violations are brought to our attention. Further, TPO Internet, in its sole
discretion, may terminate your membership or participation in any community,
chat room or other Forum for any reason.
Parental permission is required for children 13 years of age or under to use any
TPO Internet Forums. Please remember, when using any TPO Internet services or
Forums, you agree to abide by the member conduct guidelines set forth above. TPO
Internet does not permit registered users under the age of 18 to participate in
chat.
TPO Internet reserves the right to monitor some, all, or no areas of TPO
Internet Forums for adherence to these or other rules that may be published from
time to time. You acknowledge that by providing you with the ability to
distribute your content, TPO Internet is acting as a passive conduit for such
distribution and TPO Internet is not undertaking any obligation or liability
relating to any content or activities in any Forum or Forum area.
Submissions
If at our request you send content (e.g., postings to chat, boards, or contests)
or you send us creative suggestions, ideas, notes, drawings, or other
information (collectively, the "Submissions"), the Submissions shall
be deemed, and shall remain, the property of TPO Internet. None of the
Submissions shall be subject to any obligation of confidence on the part of TPO
Internet, and TPO Internet shall not be liable for any use or disclosure of any
Submissions. Without limitation of the foregoing, TPO Internet shall exclusively
own all now known or hereafter existing rights to the Submissions of every kind
and nature throughout the universe and shall be entitled to unrestricted use of
the Submissions for any purpose whatsoever, commercial or otherwise, without
compensation to the provider of the Submissions.
Links
The TPO Internet Service may provide, or third parties may provide, links to
other World Wide Web sites or resources. Because TPO Internet has no control
over such sites and resources, you acknowledge and agree that TPO Internet is
not responsible for the availability of such external sites or resources, and
does not endorse and is not responsible or liable for any Content, advertising,
products, or other materials on or available from such sites or resources. You
further acknowledge and agree that TPO Internet shall not be responsible or
liable, directly or indirectly, for any damage or loss caused or alleged to be
caused by or in connection with use of or reliance on any such Content, goods or
services available on or through any such site or resource.
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DISCLAIMER |
TPO Internet uses diligent efforts to maintain the TPO Internet Service, but TPO
Internet is not responsible for any defects or failures associated with the TPO
Internet Service or any damages (such as lost profits or other consequential
damages) that may result from any such defects or failures. In addition, TPO
Internet makes no guarantees as to the sites and information located worldwide
throughout the Internet to which you may access as a result of the use of the
TPO Internet Service, including as to: (i) the accuracy, currency, content, or
quality of any such sites and information, or (ii) whether any search using the
TPO Internet Service may locate unintended and objectionable content.
PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:
THE TPO INTERNET SERVICE IS PROVIDED 'AS IS' AND YOU USE IT AT YOUR SOLE RISK
TPO INTERNET EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WITHOUT LIMITATION. TPO INTERNET MAKES NO WARRANTY THAT THE TPO INTERNET SERVICE
WILL MEET YOUR REQUIREMENTS, THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE TPO INTERNET SERVICE
WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH THE TPO INTERNET SERVICE WILL
MEET YOUR EXPECTATIONS.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE TPO
INTERNET SERVICE IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF ANY SUCH MATERIAL.
FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM TPO
INTERNET PERSONNEL OR THROUGH THE TPO INTERNET SERVICE SHALL CREATE ANY WARRANTY
NOT EXPRESSLY PROVICED FOR IN THESE TERMS OF SERVICE.
Disclaimer Regarding Financial Information
The TPO Internet Service allows you to obtain information on companies, stock
prices, bonds, and other investments or financial matters. The TPO Internet
Service, including all such financial information, is provided for informational
purposes only, and no information you may obtain is intended by TPO Internet to
be used for trading or investing purposes. TPO Internet shall not be responsible
for the accuracy, usefulness or availability of any information transmitted via
the TPO Internet Service, and shall not be liable for any trading or investment
decisions made based on such information.
Disclaimer Regarding Shopping Retailers
The TPO Internet Service provides access to some shopping services to help you
locate and potentially purchase products from online and offline retailers. TPO
Internet does not, however, control these independent retailers and TPO Internet
does not provide any assurance, warranty or guarantee of any kind that you will
be satisfied with their products or services.
When shopping
by means of services provided by TPO Internet you acknowledge and agree that:
TPO Internet
does not endorse any of the products or services ("Merchandise")
linked to from or through the TPO Internet Service, nor has TPO Internet taken
any steps to confirm the accuracy or reliability of any of the information
provided by third parties through TPO Internet or their own web sites. TPO
Internet expressly disclaims any and all representations or warranties as to the
security of any information (including, without limitation, credit card and
other personal information) you might be requested to give any third party. We
advise you to exercise your own judgment and investigate as you deem necessary
before proceeding with any online or offline transaction with any of these third
parties.
Limitation of Liability
YOU EXPRESSLY
UNDERSTAND AND AGREE THAT TPO INTERNET SHALL NOT BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT
NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER
INTANGIBLE LOSSES (EVEN IF TPO INTERNET HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE TPO
INTERNET SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES
RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR
MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE TPO INTERNET
SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR
DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE TPO INTERNET SERVICE;
OR (v) ANY OTHER MATTER RELATING TO THE TPO INTERNET SERVICE. IN NO EVENT SHALL
TPO Internet¹S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF
ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE),
OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
Indemnification
YOU ARE
ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND
ACCOUNT. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES
WHICH OCCUR UNDER YOUR ACCOUNT. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS
TPO INTERNET INC., CBS CORPORATION, THEIR PARENTS, AFFILIATES AND SUBSIDIARY
COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS FROM ANY AND
ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING, BUT NOT
LIMITED TO, ATTORNEYS FEES) ARISING FROM YOUR USE OF OUR SERVICES, YOUR
VIOLATION OF THE TERMS OF SERVICE OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY
OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY
PERSON OR ENTITY. YOU AGREE TO IMMEDIATELY NOTIFY TPO INTERNET OF ANY
UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY KNOWN TO YOU.
Termination and modification
You agree that TPO Internet, in its sole discretion, may terminate your
password, account (or any part thereof) or use of the TPO Internet Service, and
remove and discard any Content within the TPO Internet Service, for any reason,
including, without limitation, for lack of use or if TPO Internet believes that
you have violated or acted inconsistently with the letter or spirit of the Terms
of Service. TPO Internet may also in its sole discretion and at any time
discontinue providing the TPO Internet Service, or any part thereof, with or
without notice. You agree that any
termination of your access to the TPO Internet Service under any provision of
this Terms of Service may be effected without prior notice, and acknowledge and
agree that TPO Internet may immediately deactivate or delete your account and
all related information and files in your account and/or bar any further access
to such files or the TPO Internet Service. Further, you agree that TPO Internet
shall not be liable to you or any third-party for any termination of your access
to the TPO Internet Service.
Governing Law and Other Miscellaneous Terms
These terms shall be governed by and construed in accordance with the laws of
the State of Wisconsin, without giving effect to any principles of conflicts of
law. You agree that any action at law or in equity arising out of or relating to
these terms shall be filed only in the state or federal courts located in
Winnebago County in the State of Wisconsin and you hereby consent and submit to
the personal jurisdiction of such courts for the purposes of litigating any such
action. If any provision of these terms shall be unlawful, void, or for any
reason unenforceable, then that provision shall be deemed severable from these
terms and shall not affect the validity and enforceability of any remaining
provisions. This is the entire agreement between you and TPO Internet relating
to the subject matter herein and shall not be modified by you except in writing,
signed by both parties. The Terms of Service will inure to the benefit of TPO
Internet's successors, assigns and licensees.
Thank you, contact: support@tponet.com with questions.