|
The Netcomp Communications Group Web Site (the "Site") is
an online information service provided by Netcomp Communications Group
("Netcomp Communications Group"), subject to your compliance
with the terms and conditions set forth below. PLEASE READ THIS DOCUMENT
CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING
THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH
BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS,
YOU MAY NOT ACCESS OR USE THE SITE. Netcomp Communications Group MAY
MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE
EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE
SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF
SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL
BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
Copyright,
Licenses and Idea Submissions
The entire contents of the Site are protected by international copyright
and trademark laws. The owner of the copyrights and trademarks are
Netcomp Communications Group, its affiliates or other third party
licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD,
POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE
SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print
and download portions of material from the different areas of the
Site solely for your own non-commercial use provided that you agree
not to change or delete any copyright or proprietary notices from
the materials. You agree to grant to Netcomp Communications Group
a non-exclusive, royalty-free, worldwide, perpetual license, with
the right to sub-license, to reproduce, distribute, transmit, create
derivative works of, publicly display and publicly perform any materials
and other information (including, without limitation, ideas contained
therein for new or improved products and services) you submit to any
public areas of the Site (such as bulletin boards, forums and newsgroups)
or by e-mail to Netcomp Communications Group by all means and in any
media now known or hereafter developed. You also grant to Netcomp
Communications Group the right to use your name in connection with
the submitted materials and other information as well as in connection
with all advertising, marketing and promotional material related thereto.
You agree that you shall have no recourse against Netcomp Communications
Group for any alleged or actual infringement or misappropriation of
any proprietary right in your communications to Netcomp Communications
Group.
TRADEMARKS.
Publications, products, content or services referenced herein or on
the Site are the exclusive trademarks or servicemarks of Netcomp Communications
Group. Other product and company names mentioned in the Site may be
the trademarks of their respective owners.
Use of
the Site
You understand that, except for information, products or services
clearly identified as being supplied by Netcomp Communications Group,
Netcomp Communications Groupdoes not operate, control or endorse any
information, products or services on the Internet in any way. Except
for Netcomp Communications Group- identified information, products
or services, all information, products and services offered through
the Site or on the Internet generally are offered by third parties,
that are not affiliated with Netcomp Communications Group a. You also
understand that Netcomp Communications Group 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 contaminating or destructive properties. You are responsible
for implementing sufficient procedures and checkpoints to satisfy
your particular requirements for accuracy of data input and output,
and for maintaining a means external to the Site for the reconstruction
of any lost data.
YOU ASSUME TOTAL
RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET.
Netcomp Communications Group PROVIDES THE SITE AND RELATED INFORMATION
"AS IS" AND 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 SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH
THE SERVICE OR ON THE INTERNET GENERALLY, AND Netcomp Communications
Group SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY
OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY
TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS,
ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH
THE SERVICE OR ON THE INTERNET GENERALLY. Netcomp Communications Group
DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE
OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND
FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS
SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR
ACCESS TO SUCH MATERIALS IS AT YOUR RISK. Netcomp Communications Group
HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH
MATERIALS.
LIMITATION OF
LIABILITY
IN NO EVENT WILL Netcomp Communications Group 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 SERVICE, OR ANY INFORMATION, OR TRANSACTIONS
PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY
OF SUCH INFORMATION OR SERVICE. EVEN IF Netcomp Communications Group
OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS,
OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION
DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES,
Netcomp Communications Group LIABILITY IS LIMITED TO THE GREATEST
EXTENT PERMITTED BY LAW.
Netcomp Communications
Group makes no representations whatsoever about any other web site
which you may access through this one or which may link to this Site.
When you access a non-Netcomp Communications Group web site, please
understand that it is independent from Netcomp Communications Group,
and that Netcomp Communications Group has no control over the content
on that web site. In addition, a link to a Netcomp Communications
Group web site does not mean that Netcomp Communications Group endorses
or accepts any responsibility for the content, or the use, of such
web site.
Indemnification
You agree to indemnify, defend and hold harmless Netcomp Communications
Group, its officers, directors, employees, agents, licensors, suppliers
and any third party information providers to the Service from and
against all losses, expenses, damages and costs, including reasonable
attorneys' fees, resulting from any violation of this Agreement (including
negligent or wrongful conduct) by you or any other person accessing
the Service.
Third
Party Rights
The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification)
are for the benefit of Netcomp Communications Group and its officers,
directors, employees, agents, licensors, suppliers, and any third
party information providers to the Service. Each of these individuals
or entities shall have the right to assert and enforce those provisions
directly against you on its own behalf.
Term;
Termination
This Agreement may be terminated by either party without notice at
any time for any reason. The provisions of paragraphs 1 (Copyright,
Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification),
4 (Third Party Rights) and 6 (Miscellaneous) shall survive any termination
of this Agreement.
Miscellaneous
This Agreement shall all be governed and construed in accordance with
the laws of The United States of America applicable to agreements
made and to be performed in The United States of America. You agree
that any legal action or proceeding between Netcomp Communications
Group 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 The United States
of America . Any cause of action or claim you may have with respect
to the Service must be commenced within one (1) year after the claim
or cause of action arises or such claim or cause of action is barred.
Netcomp Communications Group'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. Neither the course of conduct
between the parties nor trade practice shall act to modify any provision
of this Agreement. Netcomp Communications Group may assign its rights
and duties under this Agreement to any party at any time without notice
to you.
Any rights not
expressly granted herein are reserved.
Please note that
you are not eligible to participate in the AT&T Data & Internet
Referral Program and receive any compensation for customer referrals
unless and until (1) you submit a completed and signed W-9 Form and
AT&T Data & Internet Referral Program Agreement Cover Sheet;
and (2) AT&T issues you a Login ID and Password. Please consult
the "Terms and Conditions" for other requirements related
to participation in the Program and payment of compensation, as well
as the meanings of the capitalized terms used in this Section without
definition.
Compensation
Subject to the Terms and Conditions and these Rules and Procedures:
AT&T/Netcomp will pay Member the applicable one-time bonus set
forth in the Compensation Schedule for each Service Sale to a Referred
Customer which is completed within six months after Member has received
confirmation that AT&T/Netcomp has received such referral of such
Customer. This constitutes the sole compensation that Member is entitled
to receive in connection with its providing referrals to AT&T/Netcomp
and participating in the Program.
Member will not be entitled to any compensation for any Service Sale
which is completed after such six month period or for any sales to
a Referred Customer of an AT&T/Netcomp Service that is not included
on the Compensation Schedule at the time the referral is submitted.
Member will not be eligible to receive compensation for referrals
unless and until (1) Member completes and submits a Referral Form
set forth in the "Refer" Section of the Web Site; and (2)
AT&T/Netcomp confirms its receipt of such referral by sending
member an electronic confirmation. Member is responsible for notifying
AT&T if Member does not receive such electronic confirmation.
Payment of the one-time bonuses will be made within 60 days after
the end of the calendar month in which the Referral Customer places
and AT&T/Netcomp accepts an order for the Service.
In the event AT&T/Netcomp receives duplicate or conflicting referrals
from different Members, AT&T/Netcomp sales representatives, AT&T/Netcomp
authorized agents or employees, AT&T/Netcomp may, at its sole
discretion, determine who receives credit for such referrals. In most
cases, the first referral received is eligible for the bonus. AT&T's/Netcomp's
decision concerning the order of receipt will be final.
Member waives all claims for compensation (including bonuses) on referrals
for Services if such claim is not made within ninety days of AT&T’s/Netcomp's
acceptance of the Service order from the Referred Customer.
Upon termination of the Agreement for any or no reason, Member will
receive no further compensation from AT&T/Netcomp and waives all
rights to such compensation except as follows. If Member has submitted
a customer referral prior to termination, Member will be eligible
for a bonus on such referral if AT&T/Netcomp completes the Service
Sale to such Referred Customer within 90 days of the effective date
of termination.
Other
Rules
If a Member has
not submitted a lead for a period of 90 consecutive days, AT&T/Netcomp
has the right to terminate Member from the Program upon 10 days written
notice and the Member ID and Password will be canceled (Refer to Section
6 of the Agreement for additional terms).
All Referred Customers in the Program will be advised of Member referral
via email.
AT&T/Netcomp has the right to modify these Rules and Procedures
and the Compensation Schedule at any time and from time to time without
notice. Member is advised to check the Web Site regularly.
AT&T/Netcomp employees and authorized agents and resellers are
not eligible to become Members or to receive compensation from this
Program.
|
