The terms and conditions of this agreement shall govern all use of EthoStream Solutions and all customers agree to be bound by the Agreement.
Registration Requirements. Customer accepts full responsibility for the security of their information, and any information disseminated through the Customer’s use of the EthoStream Solution.
Limited Use. Customer agrees not to transfer or permit the right to use the system, once they have signed on. EthoStream services may not be licensed, leased, exchanged or bartered. Customer shall notify EthoStream immediately upon discovering an unauthorized use of EthoStream services.
Transmission and Receipt of Content. EthoStream does not review or edit content of material that may be created or accessed through EthoStream systems. However, EthoStream may remove or restrict materials which, in EthoStream’s sole discretion, may be illegal, may subject EthoStream or its affiliates to liability, or which otherwise violate this Agreement. EthoStream may cooperate in the investigation of any suspected or alleged crime or civil wrong.
Intellectual Property and System Integrity. Customer agrees not to translate, reverse engineer, reverse compile, disassemble, make derivative works from, or in any way attempt to gain access to the underlying features of the EthoStream Solution, or to disable, improperly access or modify the system in any way. Customer acknowledges that EthoStream retains intellectual property rights in the EthoStream Solution, and agrees not to act in any manner that may infringe on these rights.
The use of the EthoStream Solution for any of the actions listed shall constitute
violations of this Agreement. Other similar actions may be likewise deemed to
be violations; EthoStream shall be the sole arbiter of acceptable use of EthoStream
solutions. If a violation is detected, Customers should report the violation
to EthoStream, along with the IP address used to commit the alleged violation,
the date, time and time zone for the occurrence, and evidence of the violation.
Full headers are helpful evidence for email violations.
1. Illegal Use. Use of the system to violate any law, whether the violation is intentional or unintentional.
2. Harm to minors, or attempted harm to minors.
3. Transmission of material that is threatening, harmful, abusive, harassing, tortious, defamatory, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable.
4. Transmission of material that you do not have the right to make available to others, such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements.
5. Fraudulent activity, including fraudulent offers or services that might advance any fraudulent scheme or securities fraud.
6. Forgery or impersonation of another person or entity by modification of identifying material in a manner that suggests an effort to deceive.
7. Sending unsolicited bulk or unsolicited commercial email, unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or the like, or facilitating same.
8. Copyright of trademark infringement by transmission of protected material.
9. Collection or attempted collection of personal data about others without their consent.
10. Actions that disrupt the network or adversely affect the ability of others to use EthoStream services or the internet. In addition to “denial of service” attacks, transmission of viruses, and other actions that intentional disrupt the network or another’s ability to use the internet, non-traditional end user activities, such as high volume transfers or server hosting, are prohibited. Customers also may not use any automatic method to avoid inactivity disconnect or to otherwise maintain a connection unless actively using it.
Disputes. Disputes may arise between Customer and others or between Customer and EthoStream. Such disputes could involve, among other things, the use or misuse of domain names; the infringement of copyrights, trademarks or other rights in intellectual property; defamation; fraud; the use or misuse of information; and problems with online auction or commerce transactions. All claims, disputes or wrongdoing which are related in any way to the content of information that you transmit or receive are the Customer’s sole and exclusive responsibility.
YOU ACKNOWLEDGE THAT ETHOSTREAM SERVICES ARE PROVIDED "AS IS, AS AVAILABLE", WITHOUT ANY WARRANTY OF ANY KIND INCLUDING, WITHOUT LIMITATION, ANY WARRANTY WITH RESPECT TO THE QUALITY, PERFORMANCE OR FUNCTIONALITY OF THE ETHOSTREAM SERVICES OR WITH RESPECT TO THE QUALITY OR ACCURACY OF ANY INFORMATION OBTAINED FROM OR AVAILABLE THROUGH USE OF ETHOSTREAM SERVICES OR THAT ETHOSTREAM SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. ETHOSTREAM DOES NOT WARRANT THAT THE SERVICE WILL BE PROVIDED FREE OF VIRUSES, OR OTHER HARMFUL COMPONENTS. ETHOSTREAM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OF COMPUTER PROGRAMS AND INFORMATIONAL CONTENT. CUSTOMER EXPRESSLY ACKNOWLEDGES THAT THERE ARE SECURITY, PRIVACY AND CONFIDENTIALITY RISKS INHERENT IN WIRELESS COMMUNICATIONS AND TECHNOLOGY AND ETHOSTREAM DOES NOT MAKE ANY ASSURANCES OR WARRANTIES RELATING TO SUCH RISKS AND NO ADVICE FROM ETHOSTREAM OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY.
of ETHOSTREAM's Liability:
IN NO EVENT SHALL ETHOSTREAM, OR THEIR RESPECTIVE EMPLOYEES OR SUPPLIERS BE LIABLE UNDER ANY SECTION OF THIS AGREEMENT OR UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) WHETHER OR NOT ETHOSTREAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. ETHOSTREAM SHALL NOT BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY AND IN NO EVENT SHALL THE LIABILITY OF ETHOSTREAM TO YOU EXCEED THE GREATER OF ONE DOLLAR ($1.00) OR ANY AMOUNTS ACTUALLY PAID IN CASH BY YOU TO ETHOSTREAM FOR USE OF THE SYSTEM. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THESE RULES OR OUT OF THE ETHOSTREAM SERVICES MAY BE BROUGHT BY YOU OR ETHOSTREAM MORE THAN ONE (1) YEAR AFTER THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION HAS OCCURRED. SOME JURISDICTIONS DO NOT ALLOW A LIMITATION ON LIABILITY FOR NEGLIGENCE THAT CAUSES DEATH OR PERSONAL INJURY AND, IN SUCH JURISDICTIONS, THE LIABILITY OF ETHOSTREAM SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Termination and Other Consequences of Violation. Violation of this Agreement may result in the issuance of warnings; suspension or termination of access to EthoStream services; and legal action to enjoin violations and/or collect damages.
Legal Actions. These rules shall be governed by and construed in accordance with the laws of Wisconsin, excluding its conflict of laws provisions. The exclusive personal jurisdiction of and venue for all disputes that may arise from these terms and conditions or violations thereof shall be the state and federal courts located in Milwaukee, Wisconsin, and the customer consents to such exclusive jurisdiction and venue and waive all objections to such jurisdiction and venue.
Severability. If any part of this agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to comply with the applicable laws, and the remainder shall have full force and effect.
Waiver. Any failure by EthoStream to enforce any provision of this
Agreement shall not constitute a waiver of any rights under such provision or
any other provision of the Agreement.
Customer Remedy. If you are dissatisfied with the services provided by the EthoStream system, or with any related terms, conditions, rules, policies or guidelines, your sole and exclusive remedy is to discontinue using the services and terminate your account.
Legal Notices. Reproduction of the protected content of the EthoStream website without the express written permission of EthoStream is strictly prohibited.