Terms and Conditions of Use
Welcome to BYTESPHERE ONLINE ("Service"), an online service of ByteSphere Technologies, LLC ("BYTESPHERE"). Your use of the Service will be subject to the terms of this Terms of Service Agreement (TOS). The TOS may change from time to time. Use of service after a change will subject you to the new terms. IF YOU DO NOT AGREE TO THESE TERMS DO NOT USE THE SERVICE AS VIOLATION OF THE TERMS CAN LEAD TO LEGAL LIABILITY.
Participation and Conduct
During the term of this Agreement, BYTESPHERE grants to you a terminable at will non-exclusive license to use and display the Service, and to download materials available through the Service, all solely for your personal, non-commercial use. You may not transfer, assign, sub-license, lend, or re-sell the rights granted under this license. You may not link to our site if you sell ads on your site or you charge a subscription fee to use or access your site. No deep linking directly to articles is permitted if you sell ads on your site or you charge a subscription fee to use or access your site. Any use in violation of these limits shall constitute a violation of the terms of this license. Absolutely no framing of our site is permitted.
You may participate in any forums or messaging threads offered through the Service, but you agree not to post any material the content of which (is) is defamatory, libelous, obscene, indecent, abusive, threatening to others, or in violation of any law; or (ii) infringes the copyright, trademark right, or other intellectual property right of any third party. You will be solely responsible for all content that you post on the Service. You agree to indemnify BYTESPHERE and its officers and employees from and against all liabilities, judgments, damages, and costs (including attorney's fees) incurred by any of them, which arise out of or are related to the content that you post. Forums and messaging are intended only for the personal use of customers, and may not be used for commercial purposes or for organized political activity. BYTESPHERE reserves the right to monitor content posted on the Service, and to modify or remove any messages or postings that it deems, in its sole discretion, to be abusive, defamatory, in violation of the copyright, trademark right, or other intellectual property right of any third party, or otherwise inappropriate for the Service. BYTESPHERE also reserves the right to edit or modify any submissions in response to requests for feedback, Letters to the Editor, or other commentary. Notwithstanding the foregoing, BYTESPHERE is not obligated to take any such actions, and will not be responsible or liable for content posted by any individual in any forum, message board, or other area within the Service.
Copyright and Trademarks
The Service is the personal property of BYTESPHERE. BYTESPHERE retains the right to bar any individual or entity from the Service. Accessing the Service after being barred shall constitute an act of trespass. The Service and all materials published therein, including but not limited to articles, graphical images, interactive applications, executable software images, audio clips, and video clips (collectively, the "Content"), are protected by copyright and are owned by BYTESPHERE or its licensors. You may not modify the Content or re-publish, re-transmit, or otherwise distribute directly or via links any Content to any third person except for your use is as permitted by the license granted above. It is your sole obligation to a) determine if your uses require releases or permission, and b) to obtain the necessary releases. BYTESPHERE and www.oidview.com online and their respective logos are trademarks of ByteSphere Technologies. All other trademarks on the service are the property of their respective holders.
All requests for licensing, reprints, linking and other usage of material on BYTESPHERE should be addressed to firstname.lastname@example.org. We will review your request, and provide you with an approval or rejection as soon as we have evaluated the request. We will attempt to approve or disapprove within 24 hours of each request.
Exclusions of Warranty and Liability
THE SERVICE AND ANY EXECUTABLE PROGRAMS AND OTHER MATERIALS PROVIDED THROUGH THE SERVICE ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, AND ALL EXPRESS OR IMPLIED WARRANTIES ARE HEREBY EXCLUDED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.BYTESPHERE DOES NOT WARRANT THAT THE SERVICE OR ANY MATERIALS OBTAINED THROUGH THE SERVICE ARE VIRUS-FREE. IF YOU DOWNLOAD EXECUTABLE PROGRAMS FROM THE SERVICE, THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF SUCH PROGRAMS IS ASSUMED BY YOU. BYTESPHERE IS NOT RESPONSIBLE FOR THE ACCURACY OF OR ERRORS OR OMISSIONS IN ANY SUCH PROGRAMS, AND BYTESPHERE DOES NOT WARRANT THAT THE OPERATION OF ANY SUCH PROGRAMS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS IN ANY SUCH PROGRAMS WILL BE CORRECTED.
BYTESPHERE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM LOST PROFITS OR REVENUE; LOSS OF USE OF OR RELIANCE ON THE SERVICE, INFORMATION PROVIDED OR OF ANY EXECUTABLE PROGRAMS; LOSS OF USE OF DATA OR EQUIPMENT; OR OTHER SIMILAR DAMAGES) ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE OR ANY EXECUTABLE PROGRAM OBTAINED THROUGH THE SERVICE, EVEN IF BYTESPHERE HAS BEEN ADVISED OF THE LIKELIHOOD OF SUCH DAMAGES. IN NO EVENT SHALL BYTESPHERE'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) RELATING TO THE SERVICE EXCEED THE COST OF THE SOFTWARE PRODUCT IF SO REGISTERED. SOME STATES DO NOT ALLOW EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
BYTESPHERE may give notice to you through general posting on the Service, through postal notification, or through E-mail notification, in its sole discretion. You may give notice to BYTESPHERE via E-mail at email@example.com. BYTESPHERE reserves the right, in its sole discretion, to restrict or block the access of any individual to the Service, or any section thereof.
Any failure by BYTESPHERE to enforce any provision of this Agreement shall not be construed as a continuing waiver of any rights under such provision. In the event that any portion of this Agreement is held unenforceable, the remaining provisions of the Agreement shall remain in full force and effect.
In the event you breach the terms of this license, or if, any claims are made against BYTESPHERE (its employees, officers or directors resulting from your actions) you shall be liable to BYTESPHERE for all damages, costs, judgments, expenses (including reasonable attorney fees) that it incurs.
This Agreement shall be governed by and construed in accordance with the laws of the State of Massachusetts, as applied to contracts entered into and performed within Massachusetts. You agree to grant jurisdiction over yourself to the courts of Massachusetts and designate it as the forum for resolution of all disputes arising under this Agreement.
This Agreement states the entire agreement between the parties with respect to the Service, and all prior or contemporaneous agreements are merged herein and superseded hereby.
The Service collects no personally identifying information about individuals except when specifically and knowingly provided by such individuals (for example, when you subscribe to our electronic newsletters or register to use premium features of the Service). The Service may place a "cookie" in the browser files of your computer. The cookie itself does not contain any personally identifying information but enables the Service to manage advertisements presented to you or to customize the Service based on your preferences. If you do not wish to have a "cookie" placed in your browser files, you may disable "cookies" following the procedures used by your particular browser.
All e-mail lists maintained by the Service contain the names of people who requested to receive products or services from ByteSphere Technologies. Currently, e-mail addresses may be used by BYTESPHERE to promote the Service, BYTESPHERE products and services, surveys and for editorial consultations with users.
In addition to the above services, BYTESPHERE and its partners also have e-commerce services. If you use one of these services, you will be asked to provide personal information, such as your name, address and credit card number. This type of information may be provided as part of a purchase process and allows us to process and fulfill your order and notify you of its status.
BYTESPHERE takes all reasonable efforts to ensure the privacy and accuracy of this information. BYTESPHERE uses the industry standard known as Secure Sockets Layer to encrypt your information between your browser and our (and our partners') servers. BYTESPHERE will monitor and adopt, as appropriate, new technologies designed to further ensure the accuracy and privacy of your information.