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ACCESS INTERNATIONAL TERMS OF SERVICE
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY USING THIS WEB SITE, YOU AGREE TO THESE TERMS AND CONDITIONS.
Welcome to Texnet.net (the "Site"), provided by Access International, Inc. These terms and conditions of use may be changed in the future without further notice. Your continued use of this Site after any such changes constitutes your acceptance of the new terms. Further, these terms and conditions apply exclusively to your access to, and use of, this Site and do not alter in any way the terms or conditions of any other agreement you may have with Access International for products, services or otherwise.
If you have any question regarding the use of the Site, please contact support@texnet.net.
Privacy Policy
Access International believes strongly in protecting user privacy. Therefore, Access International has adopted a privacy policy. Users of this Site should refer to this Privacy Policy for information about how Access International uses and collects information. Access International shall release no personal information about their customers without court order documentation.
If you have questions or concerns regarding this Policy, you should first contact Access International at 254-772-5200.
Access International has the following Privacy Policy with respect to information gathered on Web pages hosted by Access International ("Service Pages"). Such information is received by both Access International and the owner of the Web site through which you may have requested Access International services (the "Client"). You should contact the Client to determine the privacy policy, if any, that applies to the Client's collection and use of such information. However, in no event shall Access International be liable for the Client's use or disclosure of such information.
The terms "we" and "us" refer to Access International.
The Information We Collect:
This notice applies to all information collected on the Access International (Texnet.net) Web site or submitted to Access International at any time through any Service Pages.
Personally Identifiable Information-When visiting Access International's or any Client's Web site and signing up for or using Access International services through any Service Page, you may choose to supply Access International with information that identifies you personally. For End-Users, this information may include your name and contact information, gender, birth date, occupation and industry, shipping and billing information, credit card numbers and other payment information, behavior patterns, purchase history, and other information. For Clients, this information may include the Client's name and contact information, the Client's Web site information (name, URL, visitors per day, page views per month, description, categorization), payment information (check payee, SSN/Tax ID, bank information), and user comments. We also collect prospect information from our End-Users, which may include name and contact information of individual(s) you think would be interested in our services.
Aggregate Information—We collect non-identifying and aggregate information to better design our Web site and services, and share the aggregate data with advertisers and other third parties.
Each of Access International's Clients has access to information specific only to that Client's site(s). Each Client will determine what it will do with the collected information; however, each Client has individually agreed to abide by this Privacy Policy and the Access International Terms of Use.
Collection of Personal Information from Children under Thirteen:
Access International does not allow children known to be under the age of thirteen (13) to register for our services. We may momentarily capture personally identifiable information for purposes of determining whether a user is over the age of thirteen (13) and thus qualifies to use our services. Where the user is under the age of thirteen (13), such information is automatically deleted.
The Way We Use Information:
We use the information you provide about yourself or others to complete the transaction for which the information is intended. Such transactions may include: administering a service, such as email, search, advertising sales, ecommerce; completing an order; shipping a product; replying to support requests; or contacting you if you have granted us permission to do so. Except as provided in this Privacy Policy and the End-User Agreement, we do not share this information with outside parties without your permission except to the extent that is necessary to administer the services we offer our Clients and End-Users or to comply in responding to subpoenas, court orders or other legal proceedings.
From time to time, we also use the information you provide about yourself or others to inform you of additions or improvements to the Everyone.net services as well as conduct member surveys in order to improve our services.
We may also use personally identifiable End-User information to provide targeted content and commerce opportunities to End-Users based on their demographic and behavioral information.
Finally, we never use or share the personally identifiable information provided to us online in ways or for reasons unrelated to the ones described above without also providing an opportunity to opt-out or otherwise prohibit such unrelated uses.
Our Commitment to Data Security
To prevent unauthorized access, maintain data accuracy, and ensure the appropriate use of information, we have put in place appropriate physical, electronic, and managerial procedures reasonably designed to safeguard and secure the information we collect online.
We use SSL (Secure Socket Layer) encryption to secure personal identification. In addition, personnel who have access to our database are trained to maintain and secure all information.
How You Can Access or Update Your Information
Clients can request or update their personally identifiable information that Access International collects and maintains by sending a request to support@texnet.net. Any request for this information must be in an email to that address.
If you have submitted information on our site but do not currently have an account with us, you can access and correct the information that we collect and maintain by contacting us and requesting such information or correction.
To protect your privacy and security, we will take reasonable steps to verify your identity before granting access or making corrections to your information.
How to Contact Us
Should you have other questions or concerns about this privacy policy, please contact us online or call 254-772-5200, 1-254-744-1611
or 1-254-848-2071.
Email, and Search Specific Terms and Conditions
Access International considers email transmitted via our service to be private correspondence between the sender and recipient. Therefore, we will not monitor, edit or disclose the contents of your private communications, except for reasons provided for in the Terms of Use or to comply in responding to subpoenas, court orders or other legal proceedings.
Content posted to any public community areas is publicly available, and Access International reserves the right to remove any publicly posted content that it deems to be objectionable.
Copyright
All Web site materials, including, without limitation, the Access International logo, design, text, graphics, other files, and the selection and arrangement thereof are Copyright © 2006 Access International, ALL RIGHTS RESERVED. Except as stated herein, 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, without the prior written permission of Access International or the respective copyright owner. Permission is granted to display, copy, distribute and download the materials on this Site for personal, noncommercial and informational use only, provided that you may not, without the permission of Access International or the respective copyright owner, (a) copy, publish or post any materials on any computer network or broadcast or publications media, (b) modify the materials or (c) remove or alter any copyright or other proprietary notices contained in the materials.
Trademarks
Access International, the Access International logo and the products and services described in this Site, including without limitation Access International are either trademarks or registered trademarks of Access International and its suppliers and licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Access International. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Access International, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Access International. All other trademarks, registered trademarks, product names and company names or logos mentioned herein are the property of their respective owners.
Licenses and Site Access
Access International grants you a limited license to make personal use only of the Site. Such grant does not include, without limitation: (a) any resale or commercial use of the Site or content therein; (b) the collection and use of any product listings or descriptions; (c) making derivative uses of the Site and its contents; or (d) use of any data mining, robots or similar data gathering and extraction methods. Except as noted above, you are not conveyed any right or license by implication, estoppels or otherwise in or under any patent, trademark, copyright or proprietary right of Access International or any third party.
You may not use, frame or utilize framing techniques to enclose any Access International trademark, logo or other proprietary information (including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page) without Access International's express written consent. Further, you may not use any Meta tags or any other "hidden text" utilizing an Access International name, trademark or product name without Access International's express written consent.
Linking
You are granted a limited; nonexclusive right to create a hyperlink to this Site provided such link does not portray Access International or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner. You may not use an Access International logo or other proprietary graphic or trademark of Access International to link to this Site without the express written permission of Access International. This limited right may be revoked at any time.
Access International makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of sites accessible by hyperlink from this Site, or sites linking to this Site. The linked sites are not under the control of Access International and Access International is not responsible for the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Access International is providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Access International of the site or any information contained therein. When leaving the Access International site, you should be aware that Access International's terms and policies no longer govern, and therefore you should review the applicable terms and policies, including privacy and data-gathering practices, of that site.
User Conduct
In using this Site, you agree:
Not to disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers or networks connected to or accessible through the Site or affiliated or linked Web sites.
Not to disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked Web sites.
Not to upload, post or otherwise transmit through or on this Site any viruses or other harmful, disruptive or destructive files.
Not to use or attempt to use another's account, service or system without authorization from Access International, or create or use a false identity on this Site.
Not to transmit through or on this Site spam, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings.
Not to attempt to obtain unauthorized access to the Site or portions of the Site that is restricted from general access.
In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted under your account, and that you will comply with all applicable local, state, national and international laws and regulations, including but not limited to United States export restrictions, that relate to your use of or activities on this Site.
Forums and Interactive Areas This Site may include discussion forums or other interactive areas. Forums and interactive areas shall be used only for noncommercial purposes. By using any forum or interactive areas, you agree not to do any of the following:
Upload to, distribute or otherwise publish through this Site any message, data, information, text or other material ("Content") that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable. ACCESS INTERNATIONAL DOES NOT HOST WEB SITES THAT ARE PORNOGRAPHIC IN NATURE OR DEEMED ANTI-AMERICAN BY ACCESS INTERNATIONAL. ACCESS INTERNATIONAL RESERVES THE RIGHT TO REFUSE SERVICE TO ANYONE, WITHOUT REASON AT ANY TIME. ACCESS INTERNATIONAL DOES NOT OFFER REFUNDS FOR ANY REASONS.
* Access International does not host Adult Oriented Domains or any Domain Access International considers to be Non-Partriotic to the United States of America. Access International reserves the right to refuse service to anyone at anytime. *Operating system support is limited to Microsoft Windows at this time, with minimal Linux support.
Upload or transmit any Content that would constitute or encourage a criminal offense, violate the rights of any party, or would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the US Securities and Exchange Commission or any rules of any securities exchange such as the New York Stock Exchange, the American Stock Exchange or the NASDAQ.
Upload or transmit any Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any Content, you represent and warrant that you have the lawful right to distribute and reproduce such Content.
Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity.
Access International's written permission, distribute or publish unsolicited promotions, advertising or solicitations for funds, goods or services, including junk mail and spam.
Access International takes no responsibility and assumes no liability for any Content posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Access International reserves the right but not the obligation to remove any materials it deems objectionable. You agree to hold harmless Access International and its affiliates and parties with whom Access International has contracted for purposes of hosting or maintaining this Site from all claims based upon communications made or materials posted by others or the use by third parties of this Site.
Copyright Policy and Copyright Agent
It is Access International's policy to respect the copyright and intellectual property rights of others. Access International may remove content that appears to infringe the copyright or other intellectual property rights of others. In addition, Access International may terminate the accounts of users who appear to infringe the copyright or other intellectual property rights of others.
If you believe that Access International or any user of our site has infringed your copyright in any material way, please notify Access International and provide the following information:
A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest
An identification of the copyrighted work claimed to have been infringed
An identification of the material that you claim is infringing so that we may locate it on the site
Your address, telephone number and email address
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law
A statement by you that the above information in your Notice is accurate, made under penalty of perjury, and that you are authorized to act on behalf of the owner of the copyright interest involved
Access International can be reached at abuse@texnet.net or by mail at Leonberger-Spivey Technologies, Legal Department, 4800 W. Waco Drive, Waco, Texas 76710. or by telephone at (254) 772-5200, 1-254-744-1611. or
1-254-848-2071 .
Indemnification
You shall remain solely liable for the Content of any messages or other information you upload or transmit to Access International, including any discussion forums or interactive areas of this Site. You agree to indemnify and hold harmless Access International from any claim, action, demand, loss or damages (including attorneys' fees) made or incurred by any third party arising out of or relating to your conduct, your violation of these terms and conditions, or your violation of any rights of a third party.
Submissions
You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of email or submissions to Access International, or postings on this Site, are not confidential and shall become the sole property of Access International. Access International shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. The submission of any materials to Access International, including the posting of materials to any forum or interactive area, irrevocably waives any and all "moral rights" in such materials, including the rights of paternity and integrity.
Disclaimer of Warranties
YOU UNDERSTAND AND AGREE THAT THIS SITE AND THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ACCESS INTERNATIONAL AND ITS AFFILIATES DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION PROVIDED BY ACCESS INTERNATIONAL OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, MERCHANTS, SPONSORS, LICENSORS OR THE LIKE SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE.
YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS OR YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, DATA AND/OR SOFTWARE.
YOU ACKNOWLEDGE THAT ACCESS INTERNATIONAL DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES ON OR THROUGH THIS SITE. EXCEPT AS OTHERWISE AGREED IN WRITING, ACCESS INTERNATIONAL AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THIS SITE.
ACCESS INTERNATIONAL DOES NOT MAKE ANY WARRANTY THAT THIS SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE OR CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. ACCESS INTERNATIONAL DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE OR INFORMATION PROVIDED BY ACCESS INTERNATIONAL VIA EMAIL OR OTHER MEANS, INCLUDING WITHOUT LIMITATION INFORMATION PROVIDED THROUGH ACCESS INTERNATIONAL, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. NOR DOES ACCESS INTERNATIONAL MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF ACCESS INTERNATIONAL OR ITS CONTENT OR AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH USE OF THE SITE.
ACCESS INTERNATIONAL ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY A USER, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA FROM DELAYS, NONDELIVERIES OF CONTENT OR EMAIL, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OF CONTENT OR EMAIL, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION OR SERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF ACCESS INTERNATIONAL, ITS AFFILIATES, ITS LICENSORS OR A USER'S OWN ERRORS AND/OR OMISSIONS.
ACCESS INTERNATIONAL DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THIS WEB SITE WILL BE MAINTAINED. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation on Liability
UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION NEGLIGENCE, SHALL ACCESS INTERNATIONAL OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING, OR DISTRIBUTING ACCESS INTERNATIONAL TEXNET.NET OR RELATED SERVICES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OR INABILITY TO USE ACCESS INTERNATIONAL OR ANY CONTENT PROVIDED BY OR THROUGH THIS SITE, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF ACCESS INTERNATIONAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
Applicable Law
These terms and conditions shall be governed by and construed in accordance with the laws of the State of Texas, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in the Court of McLennan County, Texas, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these terms and conditions.
Termination
Not withstanding any of these terms and conditions, Access International reserves the right, without notice and in its sole discretion, to terminate your license to use this Site, and to block or prevent future access to and use of this Site.
Severability
If any provision of these terms and conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
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