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USER AGREEMENT  
 

 

 

 

 

 


THE FOLLOWING DESCRIBES THE TERMS ON WHICH ISN SOFTWARE CORPORATION (ISN) OFFERS YOU ACCESS TO OUR ISNETWORLD SERVICE.

Welcome to the User Agreement for ISNetworld. This Agreement describes the terms and conditions applicable to your use of our services available under the domain and sub-domains of www.ISNetworld.com (“ISNetworld-Related Services”). If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access our services.

You must read, agree with and accept all of the terms and conditions contained in this User Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you use or continue to use ISNetworld. We strongly recommend that, as you read this User Agreement, you also access and read the information contained in any other pages and websites referred to in this document, as they may contain further terms and conditions that apply to you as an ISN user. Please note: underlined words and phrases are links to these pages and websites. We may amend this Agreement at any time by posting the amended terms on our site. Except as stated below, all amended terms shall automatically be effective 30 days after they are initially posted on our site. This Agreement may not be otherwise amended except in a writing signed by you and ISN. This Agreement is effective on January 18, 2008 for new registering users, and is otherwise effective on February 18, 2008 for all users registered prior to January 18, 2008.

1. Eligibility.
Our services are available only to individuals and organizations that can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors or to temporarily or indefinitely suspended ISNetworld users.

2. Fees and Services.
You may inquire as to our most recent fee schedule by contacting us. We change our fees for our services from time to time. We may in our sole discretion change some or all of our services at any time. No refunds or credits will be extended at any time.

3. Identity Verification.
We use a username and password system to secure access to our site. However, because user verification on the Internet is difficult, ISNetworld cannot and does not confirm each user's purported identity. Because we cannot confirm each user's identity, you release ISN (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with user access other than such damages that result solely and directly from ISN’s breach of this agreement, gross negligence or willful misconduct.

4. Information Control.
We do not control the information provided by other users and data providers that is made available through our system. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and safe practices when using our site.

5. Fraudulent Activity.
Without limiting any other remedies, ISN may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with our site.

6. Your Information.
6.1 Definition. "Your Information" is defined as any information you provide to us or other users or through any email feature. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information.  You certify Your information provided is correct to the best of your knowledge.
6.2 Restricted Activities. Your Information and your activities on the site shall not: (a) be false, inaccurate or misleading; (b) be fraudulent; (c) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation (including, but not limited to, those governing consumer protection, unfair competition, antidiscrimination or false advertising); (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) be obscene; (g) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers.
6.3 License. Subject to our Privacy Policy, and solely to enable ISN to use the information you supply us with in offering the ISNetworld-Related Services, and so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free right to exercise the rights you have in Your Information with respect to Your Information. ISN will only use Your Information in accordance with our Privacy Policy.

7. Access and Interference.
You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the ISNetworld site or any activities conducted on our site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our site is updated on a real time basis and is proprietary or is licensed to ISN by our users or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for Your Information) from our website without the prior expressed written permission of ISN or the appropriate third party.

8. Feedback.
We encourage you to submit feedback suggestions to suggestions@isnsoftware.com.

9. Breach.
Without limiting other remedies, we may immediately revoke your user access, warn our community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you if: (a) you breach this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.

10. Privacy.
We do not sell or rent your personal information to third parties for marketing purposes without your consent and we only use your information as described in the Privacy Policy. We view protection of users' privacy as a very important community principle. We understand clearly that you and your information are among our most important assets. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. Our current Privacy Policy is available at http://www.isnetworld.com/privacy.asp. If you object to your Information being transferred or used in this way please do not use our services.

11. No Warranty.
WE, OUR SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from jurisdiction to jurisdiction.

12. Liability Limit.
IN NO EVENT SHALL WE, OUR SUBSIDIARIES, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).

OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

13. Indemnity.
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

14. Legal Compliance.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service.

15. No Agency.
You and ISN are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

16. Notices.
Except as explicitly stated otherwise, any notices shall be given by postal mail to ISN Software Corporation Attn: Legal Department 3001 Knox St., Suite 200 , Dallas, TX 75205 (in the case of ISN) or to the email address you provide to ISN during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to ISN during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.

17. Arbitration.
Any legal controversy or legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by ISN to collect our fees and/or recover damages for, or obtain an injunction relating to, the ISNetworld site operations, intellectual property, and our services, shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Dallas, Texas, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or ISN may seek any interim or preliminary relief from a court of competent jurisdiction in Dallas, Texas necessary to protect the rights or property of you or ISN pending the completion of arbitration. Should either party file an action contrary to this provision, the other party may recover attorney's fees and costs up to $10,000.00.

18. RAVS Users.
Through its RAVS programs, ISN may perform verification of contractor-reported incident and safety performance against OSHA log forms, verification of Experience Modification Rating (EMR) against insurance documentation, verification of Workers Compensation Board (WCB) status, verification of COR/SECOR related information, and/or desktop review of Contractor/Suppliers' written HSE programs to assist Owners in determining contractor compliance with specified regulatory and/or operator requirements. ISN may also perform a statistical verification of Contractor/Suppliers' self-reported insurance limit and expiration dates against an Insurance certificate and/or reviews of Insurance certificates for consistency with agreed upon operator-specific risk management requirements (e.g., specific verbiage, certificate holder identification, cancellation requirements etc.). RAVS review and verification results are provided as guidance to assist Owners in reviewing contractor compliance with specified regulatory standards and/or Owner requirements, but are not intended, and should not be relied upon, to ensure compliance with such regulations or requirements (see http://www.isnetworld.com/disclaimer.asp for applicable RAVS disclaimers). Each user is solely responsible for ensuring the full compliance of each contractor with all applicable Owner, State, Provincial and Federal regulations and requirements.


19. Additional Terms.
The following policies are incorporated into this Agreement by reference and provide additional terms and conditions related to specific services offered on our site:

Privacy Policy: http://www.isnetworld.com/privacy.asp.

Our policies may be changed from time to time and are effective immediately after we post the changes on our site. In addition, when using particular services on our site, you agree that you are subject to any posted policies or rules applicable to services you use through our site, which may be posted from time to time. All such posted policies or rules are hereby incorporated by reference into this Agreement.

20. General.
This Agreement shall be governed in all respects by the laws of the State of Texas as such laws are applied to agreements entered into and to be performed entirely within Texas between Texas residents. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by ISN, in our sole discretion, to a third party in the event of a merger or acquisition. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. Sections 2 (Fees and Services) with respect to fees owed for our services, 3.4 (Release), 6.3 (License), 7 (Access and Interference), 12 (Liability Limit), 13 (Indemnity) and 17 (Arbitration) shall survive any termination or expiration of this Agreement.

21 Disclosures.
The services hereunder are offered by ISN Software Corporation located at 3001 Knox St., Suite 200, Dallas, TX 75205.

Commercially available parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. If you are interested in learning more about these protections, information is available at http://www.worldvillage.com/wv/school/html/control.htm or other analogous sites providing information on such protections. The preceding link is provided for information purposes only, and is not intended as an endorsement of WorldVillage.com's Internet site, services, or policies. ISN is not affiliated with WorldVillage.com.

We encourage you to report all user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity.

 

 

 
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© 2008 ISN Software Corp.           Using this website constitutes acceptance of the ISNetworld User Agreement and Privacy Policy.