Netcipia - Acceptable Use Policy

Netcipia Acceptable Use Policy

Effective August 15, 2006

This Acceptable Use Policy (“AUP”) applies to all of the Netcipia Participative Places on the sites www.netcipia.com and www.netcipia.net (“Site”), whether in areas accessible to all, or in areas with restricted access to specific Members.

The AUP applies only to services that are owned and operated by Netcipia. We do not exercise control over the third party sites displayed as links. These other sites have their own policies, over which we have no control.

If you have any questions or complaints about this Acceptable Use Policy, please click here.

Applicable Terms and Conditions

ATTENTION: PLEASE READ THESE TERMS CAREFULLY BEFORE USING OR ACCESSING A NETCIPIA PLACE. USING OR ACCESSING A NETCIPIA PLACE INDICATES THAT YOU AGREE TO ABIDE BY THIS AUP. IF YOU DO NOT AGREE TO THE PROVISIONS OF THIS AUP, DO NOT USE OR ACCESS ANY NETCIPIA PLACE.

Access to and use of the Netcipia Places is subject to this AUP and to the Terms of Use, and the other terms posted on the Legal Terms page of this Site. If there is any conflict between any provision in the AUP and another provision in the Terms of Use, the provision of the AUP will control when applied to the use of a Netcipia Place.

Netcipia Service

Netcipia provides the ability to create and operate Netcipia Places, and hosts these Netcipia Places (the “Netcipia Service”). A "Netcipia Place" or 'Place" is an interconnected environment in which all the participants in dispersed locations can access and interact with each other as if they were within a single entity.

Creation of a Netcipia Place

In order to request a Netcipia Place, a person or entity must complete an Application for Creation of a Netcipia Place. A Netcipia Place will be created when Netcipia accepts the Application.

Management of a Netcipia Place

The "Manager" of a Netcipia Place is the person or entity who requested the creation of the Place, and/or who manages the Place after its creation, such as by adding or deleting new members of that Place. Each Place is managed under the sole responsibility of the Manager(s). Place Managers are responsible for defining and enforcing all rules of operation or use of their respective Place provided that these rules do not conflict with the provisions of this AUP.

Place Managers are responsible for all text, documents, information, data, messages, articles, images, photographs, graphics, software, applications, databases, music, video recordings, audio recordings, sounds, designs, features, products, services, and other materials ("Content") uploaded, posted, published, displayed, available from or transmitted through a Netcipia Place. They are also responsible for defining the allocation of copyright, patent, trademark, trade secrets, or other intellectual property rights in such Content.

Registration, Passwords

Creating Access to a Place is only available to registered Members. To become a registered Member, Netcipia requests that you answer a limited number of mandatory questions. Other questions are optional. You agree to provide true, accurate, current and complete information about yourself ("Registration Data") as prompted by the Registration Form and to maintain and update regularly your Registration Data to keep it true, accurate, current and complete. If you provide information that is untrue, inaccurate, not current, or incomplete, Netcipia may suspend or terminate your account and refuse immediately any current or future access to any Netcipia Place.

Upon completion of the registration procedure, you will receive a URL to access a Netcipia Place, a Member ID, and a password. You may change your password at any time.

Minors

Minors (under the age of 18, or as determined by the laws of their country of residence) are not eligible to use the Netcipia Service, except under limited circumstances. Minors are permitted to use a Netcipia Place only if they have been invited to join in by the Manager of a Netcipia Place.

In this case, their use of the Netcipia Place will be under the supervision and control of the Manager. In addition, the information or Content they may upload, download or contribute to the Netcipia Place will be subject to applicable laws that pertain to Minors, such as the Children Online Privacy Protection Act (COPPA).

For any other circumstance, we ask that Minors do not submit any personal information to us or use the Netcipia Service.

Security

You should keep your Member ID and password confidential. This is essential to protect the confidentiality of any Content that may be stored in your Place or transmitted through your Place. You will be responsible for all activities that occur under your Member ID and/or password. You agree to immediately notify Netcipia of any unauthorized use of your Member ID / password and/or any breach of security to your Netcipia Place.

To protect the security of your Place, ensure that you log out from your account at the end of each session.

Member Conduct

All Content uploaded, posted, transmitted, whether publicly or privately, is the sole responsibility of the person from which such Content originated. You are responsible for all Content that you upload, post, or transmit on or through the Netcipia Service or on any Netcipia Place.

Uploaded, Posted, or Transmitted Content

Netcipia does not endorse any Netcipia Place, or any Content uploaded, posted, or transmitted on or through any Netcipia Place. Any use of this Content is at your own risk. Netcipia has no control over this Content, or over the accuracy, completeness, usefulness, integrity, or quality of this Content. Netcipia does not make any representations about this Content, or any result that may be obtained from using such Content. Under no circumstances will Netcipia be liable for any Content, error or omission in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content uploaded, posted, or transmitted on or through a Netcipia Place.

Netcipia cannot pre-screen Content. However, Netcipia and its designees shall have the right in their sole discretion (but not the obligation) to refuse or remove any Content and to remove any Netcipia Place whose Content violates this AUP or any of the Legal Terms or is objectionable in any other way.

Netcipia may access and disclose any contact information of any user, Member or Manager, and any Content uploaded, posted on, or transmitted through a Netcipia Place, and may make such information or Content available to third parties to comply with an applicable law or regulation, or to respond to a subpoena, search warrant, or enforceable governmental request; to prevent imminent harm to the Netcipia network or Services, the Netcipia users, Members, Managers, or the public; to address fraud, security or technical issues; to enforce the Legal Terms, including investigation of potential violations of this AUP; to address claims that any Content violates the right of third parties; or in case of explicit written request of the Netcipia Place Manager.

Prohibited Content and Prohibited Uses

You agree not to use the Netcipia Service, whether it pertains to " zones of Service accessible to all in the Netcipia’s web site" or "zones of Netcipia Place", or any Netcipia Place to:

Harm any other user;
Mislead other users by usurping the name or social denomination of other persons or by impersonating any person or entity, a Place Manager or a Netcipia representative or business associate;
Forge headers or manipulate identifiers in order to disguise the origin of any Content;

Perturb the normal flow of dialogue, cause a screen to "scroll" faster than other users are able to type, or act in a manner that negatively affects other users' ability to engage in real time exchange;

Interfere with or perturb the Service, servers, or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service;
Intentionally or unintentionally violate any applicable local, state, national law or treaty, including but not limited to, rules promulgated by the Security and Exchange Commission (or its country equivalent);
Stalk or harass another;
Collect or store personal data about or belonging to other users without their informed consent.

You also agree not to use the Netcipia Service, whether it pertains to " zones of Service accessible to all in the Netcipia’s web site" or "zones of Netcipia Place", to upload, post, or transmit any Content that:

is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, hateful, racist, or otherwise objectionable;
might constitute an instigation to commit crimes or misdemeanor; an incitement to discrimination, hate or violence for racial, ethnic or national reasons; false news; damage to the authority of justice; information related to adoption, lawsuits or proceedings at law, minor suicide or an individual financial situation; transmission beyond the authorized conditions of a vote polling and simulation relating to an election or referendum; actions exposing minors to danger such as by the production, transport, and transmission of messages having a violent or pornographic character or violating human dignity;
you do not have a right to make available (such as insider information, confidential information learned or disclosed as part of an employment or other confidential relationship);
infringes any patent, trademark, trade secret, copyright or other proprietary rights of a third party;
includes any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, or any other form of solicitation, except in areas (such as shopping rooms) that are specifically designated for such purpose; or
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer, computer software, telecommunications equipment or any other facility.

International Users

You agree to comply with all local rules applicable to your country of residence, regarding online conduct and acceptable content when uploading, posting or transmitting though a Netcipia Place. In particular, you agree to comply with all applicable laws regarding the exportation of technical data.

Proprietary Rights

This Site, the Netcipia Service, and Technology are the sole and exclusive property of Netcipia or its licensors. Netcipia and its licensors retain all right, title and interest (including all copyright, trademark, patent, trade secrets, and all other intellectual property rights) in this Site, including, without limitation, the Netcipia Service, Netcipia Technology, and the un-edited, un-populated Netcipia Places.

As between Netcipia and each non-public Netcipia Place, Netcipia does not claim any right, and each Netcipia Place (or its Members, Manager, or licensors) retains all right, title, and interest (including all intellectual property rights) in any Content uploaded, posted, or transmitted on or through such non-public Netcipia Place.

License

Any software or computer technology (“Technology”) that is made available on this Site - such as the software available to create, manage, or contribute to Netcipia Places - is the copyrighted work of Netcipia and/or its licensors. Use of the software is governed by the terms of this license. Netcipia grants each Member and Manager a limited, personal, non-exclusive, nontransferable, non-sublicensable, revocable license to access and use the Technology in order to customize and operate a Netcipia Place only as expressly permitted in this AUP. Except for this limited license, or as otherwise agreed in writing, Netcipia do not grant any other rights or license with respect to this Technology. Any rights or licenses not expressly granted herein are reserved.

Personal Use Only - Unless Netcipia has granted you permission in advance and in writing, you may use the Technology only for your personal use. You may not – and you may not allow a third party to - use, access, reproduce, copy, sell, resell, or exploit any portion of the Technology or the Netcipia Service for any commercial purposes or to provide services to a third party. Use of the Netcipia Site, Netcipia Technology or any Netcipia Place for commercial use is subject to a different license, and to the payment of a license fee. For more information about business use, click here

Skins and other Tools – The Netcipia Technology includes tools, such as skins, formatting and programming tools, to allow you to design the layout, sub-areas, and user interface of your Netcipia Place, and adapt them to your needs. You are free to use these tools and skins, modify them, and adapt them to your needs, as part of the customization of your Netcipia Place. If these tools are not subject to an Open Source license (see below), you will have all intellectual property rights in the modifications you make to these tools, and Netcipia and its licensors will retain all intellectual property rights in the original tool.

Open Source Software - The Technology contains open source software. Use of this open source software is governed by one or several open source licenses, which are embedded with the applicable software, and are made part of this AUP. The open source license(s) may give you different rights than those listed above. Copies of the relevant Open Source License are available on the LGPL page of GNU web site.

No Modification, Copy, Distribution, or Sale - The Netcipia Service and Technology are intended only for the creation and operation of Netcipia Places hosted by Netcipia. Except as specifically permitted in this AUP, you may not - and you may not allow any third party to – do any of the following without the prior written consent of Netcipia:

Copy, reproduce, upload, post, display, republish, distribute, transmit, any part of the Site, Technology, or any Netcipia Place;
Use a frame or border environment around any part of this Site or any Netcipia Place, or other framing technique to enclose any portion or aspect of this Site, or mirror or replicate any part of this Site or any Netcipia Place;
Modify, translate into any language or computer language, or create derivative works from any part of the Site, the Technology, or any Netcipia Place;
Decompile, reverse engineer, or attempt to discover the source code of any part of this Site, the Technology, or any Netcipia Place (except as permitted by law);
Sell, offer for sale, transfer, assign, or sublicense any part of this Site, the Technology, or any Netcipia Place in any form to any third parties.

These restrictions do not apply to any Content that is uploaded, posted or transmitted through a Netcipia Place hosted on the Site.

Prohibited Activities

Except as specifically permitted in this AUP, you may not - and you may not allow any third party to – do any of the following without the prior written consent of Netcipia:

Use any robot, spider, other automatic device, or manual process to monitor any Content displayed on, or available from, this Site or any Netcipia Place;
Use or access any part of this Site or any Netcipia Place in any way that, in our reasonable judgment, adversely affects the performance or function of this Site, or any other computer systems or networks used by Netcipia, other users or Members;
Upload or transmit to this Site or any Netcipia Place, or use any device, software or routine that contains viruses, Trojan horses, worms, time bombs, or other computer programming routines that may damage, interfere or attempt to interfere with, intercept, the normal operation of this Site or any Netcipia Place, or appropriate this Site or any Netcipia Place, or take any action that imposes an unreasonable load on our computer equipment, or that infringes upon the rights of a third party;

Use any device, software, or routine that interferes, or attempts to interfere, with the normal operation of this Site or any Netcipia Place, or take any action that impose an unreasonable load on our equipment; *Disguise the origin of the information transmitted through this Site or any Netcipia Place;

Access the Netcipia Service or any Netcipia Place by any means other than the interface that is provided to you by Netcipia for this purpose.

Use any version or modified version of the Netcipia Technology to obtain unauthorized access to the Netcipia Service or any Netcipia Place.

Fees

Netcipia currently offers the "Netcipia for Free" service at no cost. Netcipia may charge a fee for certain services, and may, at any time, change or impose fees for certain services. These, and other changes, will be made as provided in Modifications.

Communications from Netcipia

Each Member will receive communications from Netcipia, such as the Netcipia newsletters, or communications about the features, availability of training, maintenance of the network, and the like. Each Member retains the ability to unsubscribe at any time from this mailing list. Instructions for unsubscribing will be provided in the newsletter.

Service Availability

Netcipia will exercise commercially reasonable efforts to keep this Site available on a 24-hour/7-day-a-week basis, subject to necessary scheduled downtime for maintenance, unscheduled maintenance, and system outages. Netcipia cannot promise that access to this Site will be uninterrupted or available at all times. Netcipia assumes no liability or responsibility for any delay, interruption, or downtime.

Use and Storage

Netcipia may impose rules and limits on the use of the Service or any Netcipia Place, including, but not limited to, setting the maximum number of days any Content will be retained by the Service, setting the maximum size of any Netcipia Place, setting the maximum memory space that will be allotted on Netcipia servers for any Netcipia Place, and setting the maximum number of times (and the maximum duration for which) a Member may access the Service or any Netcipia Place in a given period of time.

Service Modification, Termination

Netcipia reserves the right at any time to modify, discontinue, temporarily or permanently, all or part of the Netcipia Services, with or without notice, or establish or change general practices and limits concerning certain services. Netcipia makes no commitment to update any information contained on this Site. Netcipia shall not be liable to you or any third party for any delay or other damages that might result from such modification, suspension, or discontinuance of the Service.

Disclaimer of Warranty

The Netcipia Service and Technology are provided "as-is." Your use of the Netcipia Service, Technology or any Netcipia Place is at your sole risk. Netcipia has no control over the users, Members or Managers. No advice and no information, in oral or written form, obtained by you from Netcipia or any user, Member, or Manager during the use of the Service may create guarantees that are not expressly specified herein.

Netcipia does not make any representation or warranty with respect to the Netcipia Service or Technology, including, without limitation, no representation or warranty (i) that the Service, Technology, or any Netcipia Place will be free from errors or will meet or comply with certain specifications or standards; (ii) that the Service, Technology or any Netcipia Place will be compatible with other software, or specific operating systems or browser; (iii) that the Service, Technology or any Netcipia Place will be able to fulfill a specific use or to meet your requirements; (iv) that the Service, or access to any Netcipia Place will be uninterrupted, timely, fully secure, or free from any errors; (v) that results that are obtained from the use of the Service, Technology or any Netcipia Place will be accurate or reliable; (vi) that the quality of any products, services, information or any materials obtained through the Service or any Netcipia Place will meet your expectations; (vii) that the Technology will be free from errors, viruses or other harmful components or that any errors in the Technology or any Netcipia Place will be promptly corrected; (viii) that communications to or from this Site will be secure and not intercepted, or (ix) that the Netcipia Content will be accurate, complete or timely.

OTHER THAN THOSE WARRANTIES WHICH, UNDER THE LAWS APPLICABLE TO THESE TERMS, ARE IMPLIED BY LAWS, AND ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION, NETCIPIA AND ITS LICENSORS DISCLAIM ALL WARRANTIES AND CONDITIONS, WITH RESPECT TO THE SITE, THE SERVICE, THE TECHNOLOGY AND ANY NETCIPIA PLACE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE.

Limitation of Liability

Subject to applicable law, use of this Netcipia Service and Technology is at your sole risk.

IN NO EVENT WILL NETCIPIA OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, LOST CUSTOMERS OR ANY OTHER LOSS OF INTANGIBLE PROPERTY) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH:

(I) USING, BROWSING ON, OR DOWNLOADING ANY PART OF THE SITE, THE NETCIPIA SERVICE, NETCIPIA TECHNOLOGY, OR ANY NETCIPIA PLACE; (II) THE INABILITY TO USE, OR THE RESULT OF THE USE OF THE SITE, THE NETCIPIA SERVICE, NETCIPIA TECHNOLOGY, OR ANY NETCIPIA PLACE; (III) ANY CONTENT UPLOADED, POSTED, OR TRANSMITTED ON OR THROUGH THE SITE OR A NETCIPIA PLACE; (IV) ANY FAILURE OR DELAY (INCLUDING WITHOUT LIMITATION THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS SITE FOR ANY PURPOSE); (V) THE PERFORMANCE OR NON PERFORMANCE BY NETCIPIA OR ANY THIRD PARTY; (VI) THE ACTS, CONDUCT, OR OMISSIONS OF ANY USERS, MEMBERS, MANAGERS, OR ANY THIRD PARTY; (VII) THE PRODUCTS OR SERVICES OFFERED THROUGH THIS SITE OR ANY NETCIPIA PLACE; (VIII) ANY WEBSITE LINKED TO THIS SITE OR ANY NETCIPIA PLACE; (IX) THE COST OF ACQUISITION OF SUBSTITUTE GOODS OR SERVICES, OR RESULTING FROM THE ACQUISITION OF ANY GOODS OR SERVICES OR MESSAGES RECEIVED OR TRANSACTIONS MADE DURING USE OF THE NETCIPIA SERVICE, NETCIPIA TECHNOLOGY OR ANY NETCIPIA PLACE; (X) UNAUTHORIZED ACCESS BY A THIRD PARTY, OR A MODIFICATION OF A NETCIPIA PLACE CONTENT OR TRANSMISSION; (XI) ANY OTHER MATTER RELATING TO THE NETCIPIA SERVICE, NETCIPIA TECHNOLOGY OR ANY NETCIPIA PLACE OR ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF CONTENT, MEMBER ID OR MEMBER PASSWORD, OR UNAUTHORIZED USE OF ANY NETCIPIA PLACE; WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF NETCIPIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

If, despite the limitation above, Netcipia is found liable for any loss or damage that arises out of or is connected with any of the occurrences described in the limitation above, then Netcipia liability will in no event exceed, in total, the sum of US$250.00. Some states do not allow the limitation of liability, so the limitations above may not apply to you.

Indemnification

You agree to defend, indemnify and hold harmless Netcipia, its subsidiaries, affiliates, employees, agents, shareholders, directors, officers and partners, from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, in excess of the liability described above, in any action filed or commenced by any third party against Netcipia as a result of (1) your breach of this AUP or any of the Legal Terms (2) your violation of any law or the rights of a third party or (3) any use of this Site, the Netcipia Service, the Netcipia Technology or any Netcipia Place by you or a third party using your login, Member ID and password including, without limitation, uploading, posting, or transmitting Content in violation of this AUP.

Services Concerning Financial Matters

The Netcipia Service is provided exclusively for informational purposes, and no part of Service is intended for making transactions or taking investment decisions. Netcipia shall not be liable for any use of the Service to receive or request any news, messages, alerts or other information concerning companies, stock quotes, investments or securities, and shall not be responsible for any investment decisions made based on such information.