Usage agreement
Dedicated Computing Web Site Agreement
The Dedicated Computing Web Site (the "Site") is an online information service provided by Dedicated Computing, and is subject to your compliance with the terms and conditions set forth below. Please read this Agreement carefully before accessing or using the Site. By using the Site, you agree to be bound by the terms and conditions set forth below. Dedicated Computing LLC may modify this Agreement at any time, and such modification shall be effective immediately upon posting of the modified Agreement.
1. The owner of the copyright is Dedicated Computing LLC. You may make: (a) one machine readable copy, (b) one backup copy, and (c) one print copy of any portions of material downloaded from the different areas of the Site solely for your noncommercial use. Any other copying, retransmission, or publication of any downloaded material is strictly prohibited without the express written consent of Dedicated Computing LLC. You agree not to modify or delete any proprietary notices from materials downloaded from the Site. You agree to grant to Dedicated Computing LLC a non-exclusive, royalty-free, perpetual license, with the right to sublicense, reproduce, distribute, transmit, create derivative works of, publicly display, and publicly perform any materials and other information (including, without limitation, idea s contained therein for new or improved products and services) you submit to public areas of the Site (such as bulletin boards, forums, and news groups) by all means and in any media now known or hereafter developed. You agree that you shall have no recourse against Dedicated Computing LLC or its partners for any alleged or actual infringement or misappropriation of any proprietary right in your communications to us.
2. Use of the Site. You understand that Dedicated Computing LLC cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses, or other code that manifest or contain contaminating or destructive ties. You assume total responsibility and risk for your use of the Site and the Internet. Dedicated Computing LLC does not make any express or implied warranties, representations, or endorsements whatsoever (including, without limitation, warranties of title or noninfringement, or the implied warranties of merchantability, or fitness for a particular purpose) with regard to the Site, any merchandise, information, or service provided through the Site or on the Internet generally, and Dedicated Computing LLC shall not be liable for any cost or damage arising either directly or indirectly from any such transaction. Dedicated Computing LLC does not warrant that the Site will be uninterrupted or error-free or that defects in the Site will be corrected. The Site and the software are provided on an, as available" basis.
In no event will Dedicated Computing LLC be liable for (i) any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the Site, or any information, or transaction provided on the Site or downloaded from the Site, even if Dedicated Computing LLC or its authorized representatives have been advised of the possibility of such damage, or (ii) any claim attributable to errors, omissions, or other inaccuracies in the Site and/or materials or information downloaded through the Site.
3. Operating Policies. You agree to comply with the Policies set forth on Exhibit A which govern your activity in connection with the Site as they may be amended by Dedicated Computing LLC from time to time.
4. Indemnification. You agree to indemnify, defend, and hold harmless Dedicated Computing LLC and its partners and their officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorney's fees, resulting from any violation of this Agreement or any activity related to your use of the Site (including negligent or wrongful conduct) by you or any other person accessing the Site using your Site account.
5. Third-Party Rights. The provisions of this Agreement are for the benefit of Dedicated Computing LLC and its partners and their officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to the Site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
6. Term; Termination. This Agreement may be terminated by Dedicated Computing LLC without notice at any time for any reason. The provisions of Paragraphs 2, 3, 4, 5, and 7 shall survive any termination of this Agreement.
7. Miscellaneous. This Agreement shall all be governed and construed in accordance with the laws of the State of Wisconsin applicable to agreements made and to be performed in Wisconsin. You agree that any legal action or proceeding between Dedicated Computing LLC and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Wisconsin. Any cause of action or claim you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Dedicated Computing LLC's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Dedicated Computing LLC may assign its rights and duties under this Agreement to any party at any time without notice to you.