| Web
Site Hosting Agreement
1. Services
a. Services. Host agrees to perform and provide to Client, services
consisting of non-exclusive electronic access to a digital information
processing, transmission and storage system ("Server")
to store Client's web site ("Site") and make the Site
available on and via the global computer communications network
("Internet") as specified herein and in Exhibit A ("Payment
Terms and Schedules"). The Hosting Services and any Additional
Services are collectively referred to as the "Services."
Client agrees that the Services shall not include any web site development
services, authorship or creation with respect to the Site.
b. Availability of Services. Subject to the terms
and conditions of this Agreement, Host shall attempt to provide
the Services for twenty-four (24) hours a day, seven (7) days a
week throughout the term of this Agreement. Client agrees that from
time to time the Services may be inaccessible or inoperable for
any reason, including, without limitation: (i) equipment malfunctions;
(ii) periodic maintenance procedures or repairs which Host may undertake
from time to time; or (iii) causes beyond the control of Host or
which are not reasonably foreseeable by Host, including, without
limitation, interruption or failure of telecommunication or digital
transmission links, hostile network attacks, network congestion
or other failures. Client agrees that Host has no control, nor does
it guarantee, availability of Services on a continuous or uninterrupted
basis. Notification will be made via email no less than 10 business
days in advance to the Client by the Host for planned outages, including
expected length of time for outage. Notification of unplanned or
emergency outages will be made via email to the Client by the Host
as needed and will include an estimate of time to return normal
site functionality.
c. Host Materials. In connection with performance
of the Services and at the sole discretion of Host with no obligation,
Host may provide to Client certain materials, including, without
limitation, computer software (in object code or source code form),
data, documentation or information developed or provided by Host
or its suppliers under this Agreement, domain names, electronic
mail addresses and other network addresses assigned to Client, and
other know-how, methodologies, equipment, and processes used by
Host to provide the Services to Client ("Host Materials").
d. Client Content. Client shall be solely responsible
for providing, updating, uploading and maintaining the Site and
any and all files, pages, data, works, information and/or materials
on, within, displayed, linked or transmitted to, from or through
the Site, including, without limitation, trade or service marks,
images, photographs, illustrations, graphics, audio clips, video
clips, email or other messages, metatags, domain names, software
and text ("Client Content"). The Client Content shall
also include any registered domain names provided by Client or registered
on behalf of Client in connection with the Services.
e. Abuse of Services. Any use of DeVore Technologies
system resources that disrupts the normal use of the system for
other DeVore Technologies customers is considered to be abuse of
system resources and is grounds for administrative intervention.
Some examples of system abuse include but are not limited to spawning
dozens of processes, consuming excessive amounts of memory or CPU
for long periods of time, spamming or mass emailing using internal
or external mail and/or news servers. Without limiting the scope
of the above, DeVore Technologies forbids the storage of illegal/pirated
software (warez), the use of any type of IRC bot and/or proxy (including,
but not limited to, bnc and eggdrop) and the storage and use of
any type of software intended for hacking/cracking purposes.
Depending on the nature and the severity of the
abuse, the user may receive an E-mail warning or have their account
suspended by DeVore Technologies Technical Support. If the misuse
is unintentional, the suspension may be rescinded following discussion
with DeVore Technologies Technical Support. If the misuse is intentional,
the suspension may be rescinded at the discretion of the Operations
Manager, and may require the payment of a service reconnection charge.
Occasionally, unintentional misuse is misclassified as intentional
misuse. Customers who believe their activity has been misclassified
may appeal to the Operations Manager.
Violations of any of the DeVore Technologies
conditions of use are unethical and may be criminal offenses. You
are expected to report to DeVore Technologies any information you
may have concerning instances in which the conditions of use have
been or are being violated. When DeVore Technologies becomes aware
of possible violations, we will initiate an investigation. At the
same time, in order to prevent further possible unauthorized activity,
DeVore Technologies may suspend access to services to the individual
account in question. Confirmation of violations may result in cancellation
of the individual account and/or criminal prosecution. The account
suspension may be rescinded at the discretion of the Operations
Manager.
2. Licenses and Proprietary Rights
a. License of Client Content. Client grants to Host, and Host accepts
from Client, a non-exclusive, worldwide and royalty free license
to copy, display, use and transmit on and via the Internet the code
created to deliver the Client Content. All distribution of content
will be for the Client's use and benefit and at the Client's discretion.
b. License of Host Materials. In consideration
of Client's payment of all compensation to Host pursuant to Section
4 and Exhibit A, Host grants to Client, and Client accepts from
Host, a limited, non-transferable, non-exclusive license, for the
term of this Agreement, to copy and use the Host Materials, solely
in connection with the Site and for Client's internal business purposes.
3. Site and Services Terms and Limitations
a. Storage and Security. At all times, Client shall bear full risk
of loss and damage to the Site and all Client Content. Client shall
be solely responsible for undertaking measures to: (i) prevent any
loss or damage to Client Content; (ii) maintain independent archival
and backup copies of the Site and all Client Content; (iii) ensure
the security, confidentiality and integrity of all Client Content
transmitted through or stored on the Server; and (iv) ensure the
confidentiality of Client's password. The Server, Host and Services
are not an archive and Host shall have no liability to Client or
any other person for loss, damage or destruction of any Client Content.
If Client's password is lost, stolen or otherwise compromised, Client
shall promptly notify Host, whereupon Host shall suspend access
to the Services by use of such password and issue a replacement
password to Client's authorized representative.
b. Acceptable Use Policy. Client is solely responsible
for all acts, omissions and use under and charges incurred with
Client's account or password or in connection with the Site or any
Client Content displayed, linked, transmitted through or stored
on the Server. Client agrees not to engage in unacceptable use of
any Services, which includes, without limitation, use of the Services
to:
(i) Disseminate or transmit unsolicited messages,
chain letters or unsolicited commercial email;
(ii) Disseminate or transmit any material that, to a reasonable
person may be abusive, obscene, pornographic, defamatory, harassing,
grossly offensive, vulgar, threatening or malicious;
(iii) Disseminate or transmit files, graphics, software or other
material, data or work that actually or potentially infringes the
copyright, trademark, patent, trade secret or other intellectual
property right of any person;
(iv) Create a false identity or to otherwise attempt to mislead
any person as to the identity, source or origin of any communication;
(v) Export, re-export or permit downloading of any message or content
in violation of any export or import law, regulation or restriction
of the United States and its agencies or authorities, or without
all required approvals, licenses and/or exemptions;
(vi) Interfere, disrupt or attempt to gain unauthorized access to
any computer system, server, network or account for which Client
does not have authorization to access or at a level exceeding Client's
authorization;
(vii) Disseminate or transmit any virus, trojan horse or other malicious,
harmful or disabling data, work, code or program; or
(viii) Engage in any other activity deemed by Host to be in conflict
with the spirit or intent of this Agreement or any Host policy.
c. Rights of Host. Client agrees that Host may,
in its sole discretion, remove or disable access to all or any portion
of the Site or Client Content stored on the Server at any time and
for any reason. Host has no obligation to monitor the Site or any
Client Content, but reserves the right in its sole discretion to
do so.
4. Payment Terms
a. Payment. Client shall pay Host for the Services and license hereunder
at Section 2(b) the amounts set forth at Exhibit A, and at such
times provided by the payment schedule specified therein. Host expressly
reserves the right to change its rates charged hereunder for the
Services at any time, upon thirty (30) days notice to Client. In
the event that Client exceeds the scope of the Services as set forth
at Exhibit A (for example, available bandwidth, CPU or disk utilization
space), Client shall pay Host for such additional services not within
the scope of the Services as specified at Exhibit A or at Host's
then current rates.
b. Taxes. Client shall pay all taxes, duties
and levies of any governmental authority, exclusive of taxes on
Host's net income. If Client claims exemption from any taxes resulting
from this Agreement, Client shall provide Host with documentation
required by the taxing authority to support an exemption.
c. Invoices. Client agrees that amounts of any
unpaid invoice aged forty-five days or over (45) shall accrue interest
at one and one half percent (1.5%) per month. Client shall pay all
costs of collection, including reasonable attorney's fees and costs,
in the event any invoice requires collection efforts.
5. Warranties and Disclaimer
a. Host Warranties. Host warrants to Client that: (i) Host has the
right and authority to enter into and perform its obligations under
this Agreement; (ii) Host shall perform the Services in a commercially
reasonable manner; and (iii) that the Services, throughout the term
of this Agreement shall conform substantially to the specifications
as set forth at Exhibit A. Client's sole remedy in the event of
any breach of this warranty will be for Host to take reasonable
commercial efforts for thirty (30) days to cause the Services to
conform substantially to the specifications as set forth at Exhibit
A.
b. Client Warranties. Client represents and warrants
to Host that: (i) Client has the power and authority to enter into
and perform its obligations under this Agreement; (ii) Client Content
does not and shall not contain any content, materials, data, work,
trade or service mark, trade name, link, advertising or services
that actually or potentially violate any applicable law or regulation
or infringe or misappropriate any proprietary, intellectual property,
contract or tort right of any person; and (iii) Client owns the
Client Content and all proprietary or intellectual property rights
therein, or has express written authorization from the owner to
copy, use and display the Client Content on and within the Site.
c. Disclaimer of Warranty. EXCEPT AS EXPRESSLY
STATED AT SECTION 5(a), THE WARRANTY SET FORTH IN THIS SECTION IS
THE SOLE AND EXCLUSIVE WARRANTY FOR ANY FAILURE BY HOST. HOST DOES
NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL OTHER EXPRESS, IMPLIED,
OR STATUTORY WARRANTIES, INCLUDING BUT NOT LIMITED TO, WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE
AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF
DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. HOST DOES NOT WARRANT
THAT THE SERVICES UNDER THIS AGREEMENT SHALL BE PROVIDED UNINTERRUPTED
OR WITHOUT ERROR.
6. Limitation of Liability
EXCLUSIVE OF LIABILITY UNDER SECTION 7 (INDEMNIFICATION), IN NO
EVENT SHALL HOST BE LIABLE TO CLIENT OR ANY OTHER PERSON FOR ANY
INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING
LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER ARISING OUT OF OR RELATING
TO THIS AGREEMENT OR ITS SUBJECT MATTER, WHETHER SUCH LIABILITY
IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE, EVEN IF
HOST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. HOST'S
TOTAL LIABILITY FOR DAMAGES SHALL BE LIMITED TO THE TOTAL FEES PAID
BY CLIENT TO HOST HEREUNDER FOR THE ONE (1) YEAR PERIOD PRIOR TO
ANY ACT OR OMISSION GIVING RISE TO ANY POTENTIAL LIABILITY.
7. Indemnification
a. By Client. Client agrees to indemnify, hold harmless and defend
Host and its directors, officers, employees and agents from and
against any action, claim, demand, dispute, or liability, including
reasonable attorney's fees and costs, arising from or relating to:
(i) Client's breach of this Agreement; (ii) any negligence or willful
misconduct of Client; (iii) any allegation that the Site or Client
Content infringes a third person's copyright, trademark or proprietary
or intellectual property right, or misappropriates a third person's
trade secrets; or (iv) any action or conduct of Host undertaken
pursuant to this Agreement. Client agrees that Host shall have the
right to participate in the defense of any such claim through counsel
of its own choosing.
b. By Host. Host agrees to indemnify, hold harmless
and defend Client and its directors, officers, employees and agents
from and against any action, claim, demand or liability, including
reasonable attorney's fees and costs, arising from or relating to
any allegation that the Host Materials infringe a third person's
copyright, trademark or proprietary or intellectual property right,
or misappropriates a third person's trade secrets.
8. Term and Termination
a. Term. The term of this Agreement shall commence on the Effective
Date and shall continue thereafter for one (1) year, unless sooner
terminated by either party. This Agreement shall renew automatically
for successive one (1) year terms unless terminated by either party
with thirty (30) days of the expiration of the prior term.
b. Termination. This Agreement may be terminated:
(i) by Client upon sixty (60) days written notice to Host; (ii)
by Host, thirty (30) days to Client; or (iii) by a written agreement
executed by the parties; or (iv) immediately upon instruction by
a government agency or body. Notwithstanding the foregoing, Host
reserves the right, in its sole discretion and without notice, at
any time and for any reason, to suspend Client's access to or use
of the Server, Services or any portion thereof.
c. Rights Upon Termination. In the event this
Agreement is terminated for any reason, Client shall pay Host, on
a pro rata basis, for all Services provided to Client up to the
date of termination.
9. General
a. Independent Contractors. The parties and their respective personnel,
are and shall be independent contractors and neither party by virtue
of this Agreement shall have any right, power or authority to act
or create any obligation, express or implied, on behalf of the other
party.
b. Assignment. Client may not assign, unless
pursuant to written permission by Host, any of its rights, duties
or obligations under this Agreement to any person or entity, in
whole or in part, and any attempt to do so shall be deemed void
and/or a material breach of this Agreement.
c. Waiver. No waiver of any provision hereof
or of any right or remedy hereunder shall be effective unless in
writing and signed by the party against whom such waiver is sought
to be enforced. No delay in exercising, no course of dealing with
respect to, or no partial exercise of any right or remedy hereunder
shall constitute a waiver of any other right or remedy, or future
exercise thereof.
d. Severability. If any provision of this Agreement
is determined to be invalid under any applicable statute or rule
of law, it is to that extent to be deemed omitted, and the balance
of the Agreement shall remain enforceable.
e. Notice. All notices shall be in writing and
shall be deemed to be delivered when received by certified mail,
postage prepaid, return receipt requested, or when sent by facsimile
or e-mail confirmed by call back. All notices shall be directed
to the parties at the respective addresses given above or to such
other address as either party may, from time to time, designate
by notice to the other party.
f. Amendment. No amendment, change, waiver, or
discharge hereof shall be valid unless in writing and signed by
both parties.
g. Law. This Agreement shall be governed in all
respects by the laws of the State of Ohio without regard to its
conflict of laws provisions. In the event there is any dispute as
to any matter arising out of or by reason of the existence of this
Agreement, the parties hereby agree that any court of competent
jurisdiction in Cuyahoga County, Ohio shall have sole jurisdiction
to resolve such dispute.
h. Survival. The definitions of this Agreement
and the respective rights and obligations of the parties under Sections
1(d), 2(a), 2(c), 3, 4, 5(b), 5(c), 6, 7, 8(c) and 9 shall survive
any termination or expiration of this Agreement.
i. Force Majeure. If the performance of any part
of this Agreement by either party is prevented, hindered, delayed
or otherwise made impracticable by reason of any flood, riot, fire,
judicial or governmental action, labor disputes, act of God or any
other causes beyond the control of either party, that party shall
be excused from such to the extent that it is prevented, hindered
or delayed by such causes.
j. Entire Agreement. This Agreement, together
with Exhibits A, which are incorporated by reference, constitutes
the complete and exclusive statement of all mutual understandings
between the parties with respect to the subject matter hereof, superseding
all prior or contemporaneous proposals, communications and understandings,
oral or written.
k. Changes in Terms. DeVore Technologies reserves
the right to make changes to the terms and conditions of this Agreement
as well as discontinue or vary the services offered to the client
at the Host's discretion. Utilization of the service by the client
following the effective date of such change shall constitute acceptance
by the client of such change(s).
__________________________________________________ ______________________
DeVore Technologies Representative Date
__________________________________________________ ______________________
Date
________________________ by its ____________________
PERSONAL GUARANTY
The undersigned, for valuable consideration including,
but not limited to, DeVore Technologies, 's consent to allow access
to its digital information processing, transmission and storage
system, hereby personally guarantees the payment of all obligations
of ______________________________________to DeVore Technologies,
under this Agreement, and the undersigned hereby agrees to be bound
to pay DeVore Technologies, , on demand, any sum which may become
due as a result of any default under the terms and conditions of
the Agreement. It is expressly understood that this guaranty shall
be a continuing and irrevocable guaranty. It is further understood
that the undersigned agrees to be responsible for the payment of
all costs and expenses, including reasonable attorney fees that
may be incurred by DeVore Technologies, in the enforcement of this
guaranty.
This guaranty shall bind my executors, administrators,
successors and assigns, and shall remain in full force and effect
unless and until cancelled by another written document fully executed
by me and expressly agreed to by DeVore Technologies,
____________________________ ______________________________
Witness Signature
____________________________ ______________________________
Witness (Print Name)
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Email Usage Agreement
Terms and Conditions of Email Usage Agreement
Usage of our services requires agreement with the following policies.
You are expected to use your Internet email account(s) with respect,
courtesy, and responsibility, giving due regard to the rights of
other users. We expect you to have a basic knowledge of how the
Internet functions, the types of uses which are generally acceptable,
and the types of uses which are to be avoided. Common sense is the
best guide as to what is considered acceptable use. The following
are examples of unacceptable uses:
Illegality in any form, including but not limited to activities
such as unauthorized distribution or copying of copyrighted software,
violation of U.S. export restrictions, harassment, fraud, trafficking
in obscene material, drug dealing, and other illegal activities.
Interpretation
The provisions of this Policy are intended as guidelines and are
not meant to be exhaustive. Generally, conduct that violates law,
regulation, or the accepted norms of the Internet community, whether
or not expressly mentioned in this Policy, is prohibited. DeVore
Technologies reserves the right at all times to prohibit activities
that damage its commercial reputation and goodwill.
Illegal Use
DeVore Technologies email servers may be used only for lawful purposes.
Transmission, distribution or storage of any material in violation
of any applicable law or regulation is prohibited. This includes,
without limitation, material protected by copyright, trademark,
trade secret or other intellectual property right used without proper
authorization, and material that is obscene, defamatory, constitutes
an illegal threat, or violates export control laws.
Examples of non-acceptable content or links: "Pirated software",
"Hackers programs or archives", "Warez Sites",
"Irc Bots" etc. We will be the sole arbiters as to what
constitutes a violation of this provision.
System and Network Security
Violations of system or network security are prohibited, and may
result in criminal and civil liability. Examples include, but are
not limited to the following: Unauthorized access, use, probe, or
scan of a systems security or authentication measures, data or traffic.
Interference with service to any user, host or network including,
without limitation, mail bombing, flooding, deliberate attempts
to overload a system and broadcast attacks. Forging of any TCP-IP
packet header or any part of the header information in an email
or a newsgroup posting.
Tortuous Conduct
No one shall post defamatory, scandalous, or private information
about a person without their consent, intentionally inflicting emotional
distress, or violating trademarks, copyrights, or other intellectual
property rights.
Spamming
Sending unsolicited mail messages, including, without limitation,
commercial advertising and informational announcements, is explicitly
prohibited. A user shall not use another site's mail server to relay
mail without the express permission of the site.
It is a violation of DeVore Technologies policy for customers to
use our servers to effect or participate in any of the following
activities:
1. To post to any Usenet or other newsgroup, forum, e-mail mailing
list or other similar group or list articles which are off-topic
according to the charter or other owner-published FAQ or description
of the group or list;
2. To send unsolicited mass e-mailings, if such unsolicited e-mailings
provoke complaints from the recipients;
3. To engage in any of the foregoing activities using the service
of another
4. To falsify user information provided to DeVore Technologies or
to other users of the service in connection with use of a DeVore
Technologies service.
If you feel that one of our clients has violated this policy, please
report the infraction (with as much detail as possible -- if forwarding
an email please include full headers) to webmaster@DeVore Technologies.com
Client Signature
Date
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Courtesy Services
Does Include on a Monthly Basis
o Occasional Misspellings
o Address or phone number changes
o Swap or additional "linked-to" objects such as one PDF
file or Word Document
Does Not Include
The following types of work can be performed by DeVore Technologies
but are not included as courtesy updates. As a service provider,
we would be glad to provide a quote for the following types of work:
o Creation or alteration of any site images or graphics
o New page or site section additions
o Page reconstruction that incorporates new images or text
o Cascading Style Sheet (CSS) work or any design
o Complete site redesign
o Cumulative redesign
o Data design and database development
Hosting Service Changes and Process
o Monthly updates are no longer based on a percentage (example 20%)
o All site updates must be provided in email form and sent to the
DeVore Technologies Webmaster
o You're account must be current and paid to date or your requested
changes will not be made
o These alterations are not cumulative, meaning; changes not used
in one month do not carryover to the next.
o Work performed may be reviewed at the client's request
o If changes that are sent are above the limitations sent here,
the client will be notified via email immediately and a quote will
be generated for the work to be performed.
o Updates and changes will be made according to priority and when
they arrive in our updating queue. The normal turn around time for
updates is 24 business hours or less, but may be extended pending
the current projects.
o We have included our web site hosting agreement for you to review.
Here's the easy part - remember that you may
always call or send us the changes and we will review them with
you before beginning any work. As always, meetings and telephone
calls to review your site are at no charge. We strongly recommend
an annual review meeting with us to go over your site and review
business objectives and what others are having success with. If
you are in a business that has significant competition, you will
find that visual presentation and functional capabilities of your
competitor's site are constantly improving.
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Legal
DeVore Technologies maintains this Web site for the purposes of
information, education and communication. This Web site is intended
for access and use only by residents of the United States. Nothing
contained in this Web site should be construed as a promotion or
solicitation for any product or for the use of any product in a
particular way which is not authorized by the laws and regulations
of the country where the user is located. Your access to and use
of this Web site is subject to the following:
(1) This web site is designed to provide accurate and authoritative
information in regard to the subject matter covered. It is published
with the understanding that DeVore Technologies. is not rendering
any legal advice for any particular case. If legal advice or expert
assistance is required in a specific case or legal matter, the services
of a competent professional should be sought. It is also understood
that the laws on this subject may change from time to time, therefore
any attorney, legal professional or individual reading the content
in this web site, should contact DeVore Technologies with questions
regarding the current status of the law.
(2) DeVore Technologies goal is to ensure that
the information on this Web site is accurate and up to date but
makes no representations, warranties or assurances (express or implied)
as to the accuracy, currency or completeness of such information.
DeVore Technologies shall not be liable for any damage or injury
which may arise from the use of or reliance upon any information
provided in this Web site or from your inability to access the Web
site. DeVore Technologies assumes no responsibility, and shall not
be liable for any damage or injury to you, your computer or other
personal property including but not limited to damages caused by
viruses that infect your computer equipment or other property on
account of your access to our Web site or from your downloading
of any materials, data, text, images, video or audio, or other items
from the Web site.
(3) Some links in this Web site may lead to Web
sites which are not under the control of DeVore Technologies. When
you visit any of those Web sites you will leave the DeVore Technologies
Web site and DeVore Technologies will accept no responsibility or
liability in respect of the material or any Web site which is not
under the control of DeVore Technologies. External sites are not
endorsed by DeVore Technologies and DeVore Technologies makes no
representation or warranty as to the content contained in any such
external Web site.
(4) These terms of use and your use of the Web
site shall be governed by and construed in accordance with the laws
of the State of Ohio. If any provision of these terms of use shall
be deemed unlawful, void or for any reason unenforceable, that provision
shall be deemed void but shall not affect the validity and enforceability
of the remaining provisions.
(5) DeVore Technologies hereby authorizes you
to copy materials published by it on this Web site for your non-commercial,
private use only, provided any copy of these materials which you
make shall retain all copyright and other proprietary notices and
disclaimers contained herein.
(6) This Web site is provided as a service to
its visitors. DeVore Technologies reserves the right to delete,
modify or supplement the content of this Web site at any time for
any reason without notification to anyone.
(7) Please view our Internet Privacy Policy for
information as to how we collect and use information collected or
received through this Web site.
(8) Copyright Information: All content of this
Web site is owned or used by permission by DeVore Technologies and
is protected by applicable copyright laws worldwide.
(a) Reproduction of images and other Copyrighted
Material. As with any image, possession of a copy of a digitized
image does not give unrestricted rights to use it. The copyright
of an image is generally owned by the photographer and only the
copyright owner, or the owner's legal representative, can grant
permission to copy, distribute, or publicly display the image.
(b) It is illegal to reproduce photographs taken
by a professional photographer or other copyrighted material without
the permission of the copyright owner.
(c) Use of Information on this Web site. The
copyrights of the images and other material on this Web site are
owned by DeVore Technologies or the individual photographers who
have authorized their use on this Web site.
(d) Use of Other Images and Information. Other images and information
may be downloaded, reprinted and reproduced for non-commercial,
private purposes. Other images and information may not be manipulated
or altered without the express permission of DeVore Technologies
or the photographer.
(9) Trademark Information: Ownership of Trademarks.
® / ™ denote trademarks of DeVore Technologies Incorporated
and/or its affiliates or subsidiaries unless otherwise indicated.
These trademarks as well as the trade name, service marks, trade
dress and products ("Intellectual Property") contained
on this Web site are protected in the United States and internationally.
Except to accurately identify the DeVore Technologies products or
services, no use of any of the Intellectual Property may be made
without the prior express written authorization of DeVore Technologies.
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Privacy
COMMITMENT TO YOUR PRIVACY
Because we gather certain types of information about our users,
we feel you should fully understand the terms and conditions surrounding
the capture and use of that information. This privacy statement
discloses what information we gather and how we use it. DeVore Technologies
gathers two types of information about users:
1. Information that users provide through optional, voluntary submissions.
These are voluntary submissions to receive our electronic newsletters,
to participate in our message boards or forums, to email a friend,
and from participation in polls and surveys:
2. Information DeVore Technologies gathers through aggregated tracking
information derived mainly by tallying page views throughout our
sites. This information allows us to better tailor our content to
readers' needs and to help our advertisers and sponsors better understand
the demographics of our audience. Under no circumstances does DeVore
Technologies divulge any information about an individual user to
a third party.
USAGE TRACKING
DeVore Technologies tracks user traffic patterns throughout all
of our sites. However, we do not correlate this information with
data about individual users. DeVore Technologies does break down
overall usage statistics according to a user's domain name, browser
type, and MIME type by reading this information from the browser
string (information contained in every user's browser).
DeVore Technologies sometimes tracks and catalogs
the search terms users enter in our Search function, but this tracking
is never associated with individual users. We use tracking information
to determine which areas of our sites users like and don't like
based on traffic to those areas. We do not track what individual
users read, but rather how well each page performs overall. This
helps us continue to build a better service for you.
COOKIES
We may place a text file called a "cookie" in the browser
files of your computer. The cookie itself does not contain Personal
Information although it will enable us to relate your use of this
site to information that you have specifically and knowingly provided.
But the only personal information a cookie can contain is information
you supply yourself. A cookie can't read data off your hard disk
or read cookie files created by other sites. DeVore Technologies
uses cookies to track user traffic patterns (as described above).
Our advertising system delivers a one-time cookie to better track
ad impressions and click rates.
You can refuse cookies by turning them off in your browser. If you've
set your browser to warn you before accepting cookies, you will
receive the warning message with each cookie. You do not need to
have cookies turned on to use this site. However, you do need cookies
to participate actively in message boards, forums, polling and surveys.
USE OF INFORMATION
DeVore Technologies uses any information voluntarily given by our
users to enhance their experience in our network of sites, whether
to provide interactive or personalized elements on the sites or
to better prepare future content based on the interests of our users.
As stated above, we use information that users
voluntarily provide in order to send out electronic newsletters
and to enable users to participate in polls, surveys, message boards,
and forums. We send out newsletters to subscribers on a regular
schedule (depending on the newsletter), and occasionally send out
special editions when we think subscribers might be particularly
interested in something we are doing. DeVore Technologies never
shares newsletter mailing lists with any third parties, including
advertisers, sponsors or partners.
When we use tracking information to determine
which areas of our sites users like and don't like based on traffic
to those areas. We do not track what individual users read, but
rather how well each page performs overall. This helps us continue
to build a better service for you. We track search terms entered
in Search function as one of many measures of what interests our
users. But we don't track which terms a particular user enters.
DeVore Technologies creates aggregate reports
on user demographics and traffic patterns for advertisers, sponsors
and partners. This allows our advertisers to advertise more effectively,
and allows our users to receive advertisements that are pertinent
to their needs. Because we don't track the usage patterns of individual
users, an advertiser or sponsor will never know that a specific
user clicked their ad. We will not disclose any information about
any individual user except to comply with applicable law or valid
legal process or to protect the personal safety of our users or
the public.
SHARING OF THE INFORMATION
We will not share information about individual users with any third
party, except to comply with applicable law or valid legal process
or to protect the personal safety of our users or the public.
SECURITY
DeVore Technologies operates secure data networks protected by industry
standard firewall and password protection systems. Our security
and privacy policies are periodically reviewed and enhanced as necessary
and only authorized individuals have access to the information provided
by our customers.
YOUR CONSENT
By using this site, you consent to the collection and use of this
information by DeVore Technologies. If we decide to change our privacy
policy, we will post those changes so that you are always aware
of what information we collect, how we use it, and under what circumstances
we disclose it.
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