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Acceptance
of Terms
The services that National Commerce Services
provides to you are subject to the following Terms of Use ('TOU').
National Commerce Services, Inc. reserves the right to update
the TOU at any time without notice to you. The most current version of the
TOU can be reviewed by clicking on the 'Terms of Use' hypertext link
located within the [About] menu selection at the top of our Web pages.
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Description
of Services
Through its network and Web sites, National Commerce Services
provides you with access to a variety of resources, including monitoring
services, bid platforms, service contract auctions, communication forums
and product information (collectively 'Services'). The Services, including
any updates, enhancements, new features, and/or the addition of any new
Web site(s), are subject to the TOU. |
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Use
Limitation
You may not modify, copy, distribute, transmit,
display, perform, reproduce, publish, license, create derivative works
from, transfer, or sell any information, software, products or services
obtained from the Services. |
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Notice
Specific to Documents
Permission to use Documents (such as white papers,
press releases, datasheets and FAQs) from the Services is granted,
provided that
(1) the below copyright notice appears in all copies and
that both the copyright notice and this permission notice appear,
(2) use of such Documents from the Services is for
informational and non-commercial or personal use only and will not be
copied or posted on any network computer or broadcast in any media, and
(3) no modifications of any Documents are made.
Accredited educational institutions, such as K-12, universities,
private/public colleges, and state community colleges, may download and
reproduce the Documents for distribution in the classroom. Distribution
outside the classroom requires express written permission.
Use for any other purpose is expressly prohibited by law,
and may result in severe civil and criminal penalties. Violators will be
prosecuted to the maximum extent possible.
Documents specified above do not include the design or
layout of the
National CommerceServices.com Web site or any other National Commerce Services
owned, operated, licensed or controlled site. Elements of National Commerce Services
Web sites are protected by trade dress, trademark, unfair competition, and
other laws and may not be copied or imitated in whole or in part. No logo,
graphic, sound or image from any National Commerce Services, Inc. Web site may
be copied or retransmitted unless expressly permitted by National Commerce Services.
National Commerce Services, Inc. AND/OR ITS RESPECTIVE
SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION
CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THE
SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE
PROVIDED 'AS IS' WITHOUT WARRANTY OF ANY KIND.
National Commerce Services, Inc. AND/OR ITS RESPECTIVE
SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO
THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF
MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL National Commerce Services
AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR
CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF
USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR
OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR
PERFORMANCE OF INFORMATION AVAILABLE FROM THE SERVICES.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE
SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS.
CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. National Commerce Services
AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN
THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
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Notices
regarding Software and Services
IN NO EVENT SHALL National Commerce Services, Inc. AND/OR
ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR
CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF
USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR
OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR
PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE
SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES. |
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Member
Account Passwords and Security
If any of the Services requires you to open an
account, you must complete the registration process by providing us with
current, complete and accurate information as prompted by the applicable
registration form.
You also will choose a password and a user name. You are
entirely responsible for maintaining the confidentiality of your password
and account.
Furthermore, you are entirely responsible for any and all
activities that occur under your account. You agree to notify National Commerce Services
immediately of any unauthorized use of your account or any other breach of
security.
National Commerce Services, Inc. will not be liable for any
loss that you may incur as a result of someone else using your password or
account, either with or without your knowledge. However, you could be held
liable for losses incurred by National Commerce Services, Inc. or another party
due to someone else using your account or password.
You may not use anyone else's account at any time,
without the permission of the account holder.
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No
Unlawful Use
As a condition of your use of the Services, you
will not use the Services for any purpose that is unlawful or prohibited
by these terms, conditions, and notices.
You may not use the Services in any manner that could
damage, disable, overburden, or impair any National Commerce Services
server, or the network(s) connected to any National Commerce Services
server, or interfere with any other party's use and enjoyment of any
Services. You may not attempt to gain unauthorized access to any Services,
other accounts, computer systems or networks connected to any National Commerce Services
server or to any of the Services, through hacking, password mining or any
other means.
You may not obtain or attempt to obtain any materials or
information through any means not intentionally made available through the
Services.
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Use
of Services
The Services may contain e-mail services, bulletin
board services, forums, communities, and/or other message or communication
facilities designed to enable you to communicate with others (each a
'Communication Service' and collectively 'Communication Services').
You agree to use the Communication Services only to post,
send and receive messages and material that are proper and, when
applicable, related to the particular Communication Service. By way of
example, and not as a limitation, you agree that when using the
Communication Services, you will not:
Use the Communication Services in connection with
surveys, contests, pyramid schemes, chain letters, junk email, spamming or
any duplicative or unsolicited messages (commercial or otherwise).
Defame, abuse, harass, stalk, threaten or otherwise
violate the legal rights (such as rights of privacy and publicity) of
others.
Publish, post, upload, distribute or disseminate any
inappropriate, profane, defamatory, obscene, indecent or unlawful topic,
name, material or information.
Upload, or otherwise make available, files that contain
images, photographs, software or other material protected by intellectual
property laws, including, by way of example, and not as limitation,
copyright or trademark laws (or by rights of privacy or publicity) unless
you own or control the rights thereto or have received all necessary
consent to do the same.
Use any material or information, including images or
photographs, which are made available through the Services in any manner
that infringes any copyright, trademark, patent, trade secret, or other
proprietary right of any party.
Upload files that contain viruses, Trojan horses, worms,
time bombs, cancelbots, corrupted files, or any other similar software or
programs that may damage the operation of another's computer or property
of another.
Advertise or offer to sell or buy any goods or services
for any business purpose.
Download any file posted by another user of a
Communication Service that you know, or reasonably should know, cannot be
legally reproduced, displayed, performed, and/or distributed in such
manner.
Falsify or delete any copyright management information,
such as author attributions, legal or other proper notices or proprietary
designations or labels of the origin or source of software or other
material contained in a file that is uploaded.
Restrict or inhibit any other user from using and
enjoying the Communication Services.
Violate any code of conduct or other guidelines which may
be applicable for any particular Communication Service.
Harvest or otherwise collect information about others,
including e-mail addresses.
Violate any applicable laws or regulations.
Create a false identity for the purpose of misleading
others.
Use, download or otherwise copy, or provide (whether or
not for a fee) to a person or entity any directory of users of the
Services or other user or usage information or any portion thereof.
National Commerce Services, Inc. has no obligation to monitor
the Communication Services. However, National Commerce Services, Inc. reserves
the right to review materials posted to the Communication Services and to
remove any materials in its sole discretion. National Commerce Services
reserves the right to terminate your access to any or all of the
Communication Services at any time, without notice, for any reason
whatsoever.
National Commerce Services, Inc. reserves the right at all
times to disclose any information as National Commerce Services, Inc. deems
necessary to satisfy any applicable law, regulation, legal process or
governmental request, or to edit, refuse to post or to remove any
information or materials, in whole or in part, in National Commerce Service's
sole discretion.
Always use caution when giving out any personally
identifiable information about yourself or your children in any
Communication Services. National Commerce Services, Inc. does not control or
endorse the content, messages or information found in any Communication
Services and, therefore, National Commerce Services, Inc. specifically disclaims
any liability with regard to the Communication Services and any actions
resulting from your participation in any Communication Services. Managers
and hosts are not authorized National Commerce Services, Inc. spokespersons, and
their views do not necessarily reflect those of National Commerce Services.
Materials uploaded to the Communication Services may be
subject to posted limitations on usage, reproduction and/or dissemination;
you are responsible for adhering to such limitations if you download the
materials.
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Materials
Provided to National Commerce Services
National Commerce Services, Inc. does not claim ownership
of the materials you provide to National Commerce Services, Inc. (including
feedback and suggestions) or post, upload, input or submit to any Services
or its associated services for review by the general public, or by the
members of any public or private community, (each a 'Submission' and
collectively 'Submissions'). However, by posting, uploading, inputting,
providing or submitting ('Posting') your Submission you are granting National Commerce Services,
its affiliated companies and necessary sub-licensees permission to use
your Submission in connection with the operation of their Internet
businesses (including, without limitation, all National Commerce Services
Services), including, without limitation, the license rights to: copy,
distribute, transmit, publicly display, publicly perform, reproduce, edit,
translate and reformat your Submission; to publish your name in connection
with your Submission; and the right to sublicense such rights to any
supplier of the Services.
No compensation will be paid with respect to the use of
your Submission, as provided herein. National Commerce Services, Inc. is under
no obligation to post or use any Submission you may provide and National Commerce Services
may remove any Submission at any time in its sole discretion.
By Posting a Submission you warrant and represent that
you own or otherwise control all of the rights to your Submission as
described in these Terms of Use including, without limitation, all the
rights necessary for you to provide, post, upload, input or submit the
Submissions.
In addition to the warranty and representation set forth
above, by Posting a Submission that contain images, photographs, pictures
or that are otherwise graphical in whole or in part ('Images'), you
warrant and represent that (a) you are the copyright owner of such Images,
or that the copyright owner of such Images has granted you permission to
use such Images or any content and/or images contained in such Images
consistent with the manner and purpose of your use and as otherwise
permitted by these Terms of Use and the Services, (b) you have the rights
necessary to grant the licenses and sublicenses described in these Terms
of Use, and (c) that each person depicted in such Images, if any, has
provided consent to the use of the Images as set forth in these Terms of
Use, including, by way of example, and not as a limitation, the
distribution, public display and reproduction of such Images. By Posting
Images, you are granting (a) to all members of your private community (for
each such Images available to members of such private community), and/or
(b) to the general public (for each such Images available anywhere on the
Services, other than a private community), permission to use your Images
in connection with the use, as permitted by these Terms of Use, of any of
the Services, (including, by way of example, and not as a limitation,
making prints and gift items which include such Images), and including,
without limitation, a non-exclusive, world-wide, royalty-free license to:
copy, distribute, transmit, publicly display, publicly perform, reproduce,
edit, translate and reformat your Images without having your name attached
to such Images, and the right to sublicense such rights to any supplier of
the Services.
The licenses granted in the preceding sentences for a
Images will terminate at the time you completely remove such Images from
the Services, provided that, such termination shall not affect any
licenses granted in connection with such Images prior to the time you
completely remove such Images. No compensation will be paid with respect
to the use of your Images.
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Links
to Third Party Web Sites
THE LINKS IN THIS AREA WILL LET YOU LEAVE NATIONAL
COMMERCE SERVICES' SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF
National Commerce Services, Inc. AND National Commerce Services, Inc. IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY
LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR
UPDATES TO SUCH SITES.
National Commerce Services, Inc. IS NOT RESPONSIBLE FOR
WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED
SITE.
National Commerce Services, Inc. IS PROVIDING THESE LINKS TO
YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY
ENDORSEMENT BY National Commerce Services, Inc. OF THE SITE.
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Unsolicited
Idea Submission
National Commerce Services, Inc. OR ANY OF ITS EMPLOYEES
DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW
ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES,
PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT
SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE
SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR
DISPUTES WHEN NATIONAL COMMERCE SERVICE'S PRODUCTS OR MARKETING
STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO NATIONAL COMMERCE
SERVICES.
SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO NATIONAL
COMMERCE SERVICES OR ANYONE AT NATIONAL COMMERCE SERVICES.
IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS
AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT NATIONAL
COMMERCE SERVICES MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS
CONFIDENTIAL OR PROPRIETARY.
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Copyright
Notice
Copyright 2007 National Commerce Services, Inc. USA All
rights reserved. |
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