Terms of Use
READ THIS NOTICE: BY PROCEEDING TO UTILIZE THIS SERVICE, YOU ACKNOWLEDGE YOUR AGREEMENT WITH THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, THEN WE REQUEST THAT YOU DO NOT USE THIS SERVICE. THESE TERMS AND CONDITIONS APPLY TO EVERYTHING HOSTED UNDER THE DOMAIN NAME "skenterprises.net".
Copyright 2002-2003 Shadow-K Enterprises Inc. ("S K Enterprises"). All rights reserved.
Reproduction of any S K Enterprises material is strictly prohibited. Permission to use all documents and related graphics and any other material from this World Wide Web server is subject to the following Terms and Conditions. S K Enterprises is a trademark of Shadow-K Enterprises Inc.
Terms and Conditions
Each document and other material published by S K Enterprises on this server may contain other proprietary notices or describe products, services, processes or technologies owned by S K Enterprises or third parties. Nothing contained herein shall be construed as granting to the user a license under any copyright, trademark, patent or other intellectual property right of S K Enterprises or any third party, except for the right of use license expressly set forth below in these terms and conditions.
Trademarks
The S K Enterprises name and logo, and all related product and service names, design marks and slogans are the trademarks, service marks or registered trademarks of S K Enterprises, Inc. All other product and service marks contained herein are the trademarks of their respective owners.
Limitation on Use of S K Enterprises Synapsis System, and features or any other service contained within S K Enterprises; Right of Use License:
The displayed content information (Content) provided free of charge or purchased through this service are provided under a nonexclusive, non-transferable license for use by the user only under the user identification label (User ID) which was selected when signing onto this service, and only under that User ID's use. The user is not permitted to commercially exploit the information or transfer it to any third party. Any reprinting, sublicensing, copying, modifying, publishing, assignment, transfer, sales, or other distribution of the information contained within the Content is strictly prohibited without the prior written consent of S K Enterprises. The user shall not copy, reverse engineer, translate, port, modify or make derivative works of the information, in whole or in part. The user shall not rent, disclose, publish, sell, assign, lease, sublicense, market, or transfer the information or any part thereof or use it in any manner not expressly authorized by this Agreement. The user shall not derive or attempt to derive the source code or structure of all or any portion of the information by reverse engineering, disassembly, decompilation or any other means. The user shall not use the information to operate a service bureau or for any other use involving the processing of data of others. The user does not receive any, and S K Enterprises retains all, ownership rights in the information. The information is copyrighted and may not be copied, even if modified or merged with other data or software. The user shall not alter or remove any copyright notice or proprietary legend contained in or on the information.
S K Enterprises' Synapsis System is fee-for-use and the user agrees to the following billing conditions:
- Billing shall be either monthly, quarterly, semi-annually, or annually depending upon user's selection.
- Rates and fees shall be established by S K Enterprises and shall be posted conspicuously on the sign-in and registration pages for the Synapsis System.
- User's account is described as a "Main" account, which affords the user all rights of use and responsibilites available within the Synapsis System.
- User, as a Main account holder, shall have the ability to create and administer lesser accounts, labeled "Write" and "Read" accounts, which accounts shall have lesser rights of use within the Synapsis System, as described within the system.
- Such lesser accounts shall be billed under, as a part of, user's Main account.
- User shall be billed by e-mail each calendar month (billing month) beginning the first full calendar month after registration, and payment for said billing shall be due and submitted by user to S K Enterprises by the last day of the billing month. Said payment shall be in US dollars.
- If user should fail to submit said payment by the last calendar day of the billign month, S K Enterprises shall reserve the right to revoke user's right to use the Synapsis System and any data stored by user for use inthe Synapsis System shall become the property of S K Enterprises until user submits said payment, or by other agreement of the parties.
Consent to Monitoring and Disclosure
S K Enterprises is under no obligation to monitor the information residing on or transmitted to this server. However, anyone using this server agrees that S K Enterprises may monitor the server contents periodically to (1) comply with any necessary laws, regulations or other government requests; (2) to operate the server properly or to protect itself and its users. S K Enterprises reserves the right to modify, reject or eliminate any information residing on or transmitted to its server that it, in its sole discretion, believes is unacceptable or in violation of these terms and conditions.
S K Enterprises reserves the right to record information pertaining to any e-mail messages sent using Synapsis' e-mail capabilities. Said information shall consist of "To" addressee, "From" sender, the date and time sent, and the IP address of the sender.
Should any user of information on this server provide S K Enterprises with information including but not limited to feedback, data, answers, questions, comments, suggestions, plans, ideas or the like, such information shall be deemed to be nonconfidential and S K Enterprises assumes no obligation to protect such information from disclosure. The submission of such information to S K Enterprises shall in no way prevent the purchase, manufacture or use of similar products, services, plans and ideas by S K Enterprises for any purpose whatever and by such submission the user grants to S K Enterprises the irrevocable right to reproduce, use, disclose and distribute the information to others without restriction or compensation required.
S K Enterprises disclaims any right to modify, use, or in any other way appropriate any data or other such information, stored by the user for use in the Synapsis System. All such data, saved or stored, by the user for use in the Synapsis System shall remain the sole property of the user. S K Enterprises shall endeavor to keep said data, or other such information, confidential and secure subject to the Disclaimer of Liability set forth herein.
Disclaimer of Liability
THE USER OF THIS SYSTEM ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SERVER AND THE INTERNET GENERALLY. S K Enterprises, ITS AFFILIATES AND DATA SUPPLIERS DISCLAIM ALL WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE INFORMATION ACCESSED FROM, OR VIA, THIS SERVER OR THE INTERNET, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. S K Enterprises DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT OR PROCESS DISCLOSED ON THE SERVER OR OTHER MATERIAL ACCESSIBLE FROM THE SERVER. IN NO EVENT SHALL S K Enterprises BE LIABLE FOR ANY COMPENSATORY, SPECIAL, DIRECT, INCIDENTAL, INDIRECT, CONSEQUENTIAL DAMAGES, EXEMPLARY DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE INFORMATION ON THIS SERVER OR THE INTERNET GENERALLY OR ON ANY OTHER BASIS. IF THIS LIMITATION OF LIABILITY OR THE EXCLUSION OF WARRANTY SET FORTH HEREIN IS HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN S K Enterprises MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO U.S. $10.00.
No Warranties
Any S K Enterprises material on this server may include technical inaccuracies or typographical errors. S K Enterprises has the right to make changes and updates to any information contained within this server without prior notice.
THE INFORMATION PROVIDED ON THIS SERVER IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NO ADVICE OR INFORMATION GIVEN BY S K Enterprises, ITS AFFILIATES OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE ANY WARRANTY. NEITHER S K Enterprises NOR ITS AFFILIATES WARRANTS THAT THE INFORMATION ON THIS SERVER OR ON THE INTERNET GENERALLY WILL BE UNINTERRUPTIBLE OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE FROM THE SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Some states do not allow the exclusion or limitation of incidental or consequential damages or the limitation of duration of an implied warranty, so the limitation or exclusion herein may not apply to you. This warranty shall not be applicable to the extent that any provision of this warranty is prohibited by any federal, state or local law which cannot be preempted. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state.
Disclaimer of Endorsement
Reference herein to any products, services, processes, hypertext links to third parties or other information by trade name, trademark, manufacturer, supplier or otherwise does not necessarily constitute or imply its endorsement, sponsorship or recommendation by S K Enterprises. Product and service information are the sole responsibility of each individual vendor. The S K Enterprises name and logo and other trademarks and trade names owned by S K Enterprises, Inc. may not be used in any commercial manner without the prior written consent of S K Enterprises. The user is responsible for providing all software and equipment needed to access this service.
The user hereby acknowledges that any use of any of Synapsis' e-mail capability is not for sending unsolicited e-mail messages. Sending even one (1) unsolicited will result in the immediate termination of the user's rights to use any materials covered by this Agreement without prior notice.
The user agrees to indemnify and hold harmless S K Enterprises, its agents, employees, and assigns from liability resulting from user's use of this service.
This is the exclusive Agreement between S K Enterprises and the user regarding its subject matter. S K Enterprises shall have the right to terminate users ability to access this service at any time without notice. S K Enterprises reserves the right to discontinue or modify any of the information contained on this service, or the service, at any time. S K Enterprises shall have the right to modify these terms and conditions at any time. The user may not assign any part of this Agreement without S K Enterprises's prior written consent. This Agreement shall be governed by the internal laws of Colorado. The user shall pay any taxes on the information or transactions, except for those based on S K Enterprises's annual net income. If any provision of this Agreement is declared invalid or unenforceable, the remaining provisions of this Agreement shall remain in effect. The user agrees to comply with all applicable laws in using this service or the information contained herein. No waiver of any obligation or right of either party shall be effective unless in writing, executed by the party against whom it is being enforced. Any such waiver shall not preclude a party from exercising any other right or later exercising the same right. Any notice under this Agreement shall be delivered by U.S. certified mail, return receipt requested, or by overnight courier to S K Enterprises at the address below. These terms and conditions apply on behalf of S K Enterprises and all of its affiliates, employees, suppliers, and distributors.
Address:
Shadow-K Enterprises Inc.
P.O. Box 9781
Denver, CO 80209
United States of America
For further information relating to the legal issues contained in these terms and conditions, question or problem reports regarding this service, please contact info@skenterprisesinc.net .
© Copyright 2002-2003 Shadow-K Enterprises Inc. All Rights Reserved";