The Terms are entered into by and between Cloudscape and you. If you currently have in effect a separate written purchase or license agreement with Cloudscape for a service, that agreement shall govern the use of that service to the extent it conflicts with these Terms.
Although Cloudscape has attempted to provide accurate information on the Web site, Cloudscape assumes no responsibility for the accuracy of the information. Cloudscape may change the programs or products mentioned at any time without notice. Mention of non- Cloudscape products or services is for information purposes only and constitutes neither an endorsement nor a recommendation.
THE MATERIALS ARE PROVIDED “AS IS” WITHOUT AN EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE.
IN NO EVENT SHALL CLOUDSCAPE OR ITS SUPPLIERS OR PARTNERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS, EVEN IF CLOUDSCAPE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18USC 2701-2711): COMPANY MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEB-SITE LINKED TO THE WEBSITE. Company will not be liable for the privacy of e-mail addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on Company’s equipment, transmitted over networks accessed by the Site, or otherwise connected with Subscriber’s use of the Services.
All content, including text, data, sound recordings, sound, photographs, graphics, video, or other materials (“Material”) provided on this Web site is provided by or to Cloudscape by its respective manufacturers, authors, developers and vendors (the “Third Party Providers”) and is the copyrighted work of Cloudscape and/or the Third Party Providers.
Except as expressly authorized by Cloudscape or the Third Party Provider, none of the Material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise. No part of the Web site, including logos, graphics, sounds or images, may be reproduced or retransmitted in any way, or by any means, without the prior express written permission of Cloudscape. You also may not, without Cloudscape’s prior express written permission, copy any Materials contained on this Web site on any other server, or use any Cloudscape Marks for any purpose.
“Cloudscape Marks” refers to any names, marks, brands, logos, designs, slogans, trademarks, services marks and other designations Cloudscape uses in connection with its products or services. Individuals who believe that their intellectual property rights have been infringed on the Web site, may contact Cloudscape and request that the infringing material be removed or access to it blocked. Cloudscape will investigate those complaints. Where Cloudscape is satisfied that the infringement is taking place, it will take appropriate action. If you believe your intellectual property rights are being infringed, please direct your claims to: General Counsel, Cloudscape, Inc. 108 Wild Basin Road, Suite 250, Austin, TX 78746.
The trademarks, logos and service marks (“Marks”) displayed on this Web site are the property of Cloudscape or other third parties. Users are not permitted to use these Marks without the prior written consent of Cloudscape or such third party which may own the Mark.
This Web site may contain links to third party sites. Access to any other Internet site linked to this Web site is at the user’s own risk and Cloudscape is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on these sites. Cloudscape provides these links merely as a convenience and the inclusion of such links does not imply an endorsement.
Access to and use of password protected and/or secure areas of the Web site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Web site may be subject to prosecution.
Use of the Web site or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited. You will not run Maillist, Listserv, any form of auto-responder, or “spam” on the Site, or any processes that run or are activated while the Subscriber is not logged in.