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TERMS OF USAGE AND SERVICE
As a provider of Internet-related services, Direct Landings offers its customers (also known as subscribers), and their customers and users, the means to disseminate a wealth of public, private, commercial, and non-commercial information. Direct Landings respects that the Internet provides a forum for free and open discussion and dissemination of information, however, when there are competing interests at issue, Direct Landings reserves the right to take certain preventative or corrective actions. In order to protect these competing interests, Direct Landings has developed these Terms of Usage and Service ("TU&S"), which supplements and explains certain terms of each customer's respective service agreement and is intended as a guide to the customer's rights and obligations when utilizing Direct Landings' services. This TU&S will be revised from time to time. A customer's use of Direct Landings' services after changes to the TU&S are posted on Direct Landings' web site, www.DirectLandings.com, will constitute the customer's acceptance of any new or additional terms of the TU&S that result from those changes.
One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use the Internet, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that Direct Landings cannot monitor, verify, warrant, or vouch for the accuracy and quality of the information that subscribers may acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet is sexually explicit or otherwise offensive. Because Direct Landings cannot monitor or censor the Internet, and will not attempt to do so, Direct Landings cannot accept any responsibility for injury to its subscribers or other users that results from inaccurate, unsuitable, offensive, or illegal Internet communications.
When subscribers disseminate information through the Internet, they also must keep in mind that Direct Landings does not review, edit, censor, or take responsibility for any information its subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation, and other harmful speech. Also, because the information they create is carried over Direct Landings' system and may reach a large number of people, including both subscribers and nonsubscribers of Direct Landings, subscribers' postings to the Internet may affect other subscribers and may harm Direct Landings' goodwill, business reputation, and operations. For these reasons, subscribers violate Direct Landings policy and the service agreement when they, their customers, affiliates, or subsidiaries engage in the following prohibited activities:
Spamming -- Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming"). It is not only harmful because of its negative impact on consumer attitudes toward Direct Landings, but also because it can overload Direct Landings' system and disrupt service to Direct Landings subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, Direct Landings has the discretion to determine from all of the evidence whether the email recipients were from an "opt-in" email list.
Intellectual Property Violations -- Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities. Also, engaging in activity that violates privacy, publicity, or other personal rights of others. Direct Landings is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is also Direct Landings' policy to terminate the privileges of customers who commit repeat violations of copyright laws.
Obscene Speech or Materials -- Using Direct Landings' system to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material. Direct Landings is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through Direct Landings' system.
Defamatory or Abusive Language -- Using Direct Landings' system as a means to transmit or post defamatory, harassing, abusive, or threatening language.
Forging of Headers -- Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.
Illegal or Unauthorized Access to Other Computers or Networks -- Accessing illegally or without authorization computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as "hacking"). Also, any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity).
Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities -- Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mailbombing, or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment.
Facilitating a Violation of this TU&S -- Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this TU&S, which includes the facilitation of the means to spam, initiation of pinging, flooding, mailbombing, denial of service attacks, and piracy of software.
Export Control Violations -- Exporting encryption software over the Internet or otherwise, to points outside the United States.
Usenet and Other Groups -- Direct Landings reserves the right not to accept postings from groups where we have actual knowledge that the content of the group violates the TU&S.
Other Illegal Activities -- Engaging in activities that are determined to be illegal, including advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, and pirating software.
Other Activities -- Engaging in activities, whether lawful or unlawful, that Direct Landings determines to be harmful to its subscribers, operations, reputation, goodwill, or customer relations.
As we have pointed out, the responsibility for avoiding the harmful activities just described rests primarily with the subscriber. Direct Landings will not, as an ordinary practice, monitor the communications of its subscribers to ensure that they comply with Direct Landings policy or applicable law. When Direct Landings becomes aware of harmful activities, however, it may take any action to stop the harmful activity, including but not limited to, removing information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or take any other action it deems appropriate.
Direct Landings also is aware that some of its subscribers are, themselves, providers of Internet services, and that information reaching Direct Landings' system from those subscribers may have originated from a customer of the subscriber or from another third-party. Direct Landings does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. Direct Landings has the right to directly take action against a customer of a subscriber. Also, Direct Landings may take action against the Direct Landings subscriber because of activities of a customer of the subscriber, even though the action may effect other customers of the subscriber. Similarly, Direct Landings anticipates that subscribers who offer Internet services will cooperate with Direct Landings in any corrective or preventive action that Direct Landings deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Direct Landings policy.
Direct Landings also is concerned with the privacy of on-line communications and web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, Direct Landings urges its subscribers to assume that all of their on-line communications are insecure. Direct Landings cannot take any responsibility for the security of information transmitted over Direct Landings' system.
Direct Landings will not intentionally monitor private electronic mail messages sent or received by its subscribers unless required to do so by law, governmental authority, or when public safety is at stake. Direct Landings may, however, monitor its service electronically to determine that its system is operating satisfactorily. Also, Direct Landings may disclose information, including but not limited to, information concerning a subscriber, a transmission made using our system, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, or governmental request. Direct Landings assumes no obligation to inform the subscriber that subscriber information has been provided and in some cases may be prohibited by law from giving such notice. Finally, Direct Landings may disclose subscriber information or information transmitted using its system where necessary to protect Direct Landings and others from harm, or where such disclosure is necessary to the proper operation of the system.
Direct Landings expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of on-line communications. A subscriber's failure to comply with those laws will violate Direct Landings policy. Finally, Direct Landings wishes to emphasize that under this service agreement, subscribers indemnify Direct Landings for any violation of the service agreement, law, or Direct Landings policy, that results in loss to Direct Landings or the bringing of any claim against Direct Landings by any third-party. This means that if Direct Landings or its parent is sued because of a subscriber's or customer of a subscriber's activity, the subscriber will pay any damages awarded against Direct Landings or its parent, plus costs and reasonable attorneys' fees.
We hope this TU&S is helpful in clarifying the obligations of Internet users, including Direct Landings and its subscribers, as responsible members of the Internet. Any complaints about a subscriber's violation of this TU&S should be sent to abuse@DirectLandings.com.
Use of Content on the Direct Landings System
Any unauthorized use of the Direct Landings System terminates the permission or license granted by Direct Landings. The Direct Landings System and the content of the Direct Landings System are Direct Landings' property and are protected by U.S. and international intellectual property laws, including trademark and copyright law. You may download, print, and view content from the Direct Landings System as long as you do not modify or alter the content in any way. You may not copy, republish, distribute, prepare derivative works, or otherwise use the content of the Direct Landings System other than as expressly permitted by these Terms.
Access Limits
Without Direct Landings' express written consent, you may not (a) use any automated means to access the Direct Landings System or collect any information from the Direct Landings System (including, without limitation, robots, spiders or scripts), or (b) frame the Direct Landings System, utilize framing techniques to enclose any service mark, logo, or other proprietary information, place pop-up windows over its pages, or otherwise affect the display of its pages. This means, among other activities, that you agree not to engage in the practices of "screen scraping," "database scraping," "deep-linking" or any other activity with the purpose of obtaining content, or other information.
You may not use any meta tags or any other "hidden text" utilizing Direct Landings' name, trademarks or service marks without the express written consent of Direct Landings. You may not use any Direct Landings logo or other proprietary graphic, trademark or service mark as part of a link without express written permission from Direct Landings. When you use the Direct Landings System and its content for an authorized purpose, you must include all proprietary notices without changing or hiding them.
You agree that you will not use the Direct Landings System in any manner that is inconsistent with applicable law or that could damage, disable, overburden, or impair the Direct Landings System or interfere with any other party's use and enjoyment of the Direct Landings System.
No Resale of the Direct Landings System
Without Direct Landings' express written consent, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Direct Landings System, use of the Direct Landings System, or access to the Direct Landings System.
Registration
You shall: (a) provide true, accurate, current, and complete information about yourself as prompted by the Direct Landings System's registration page (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or Direct Landings has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Direct Landings may suspend or terminate your use of the Direct Landings System and refuse any and all future use of the Direct Landings System.
Passwords
If you register as a Direct Landings System user, you will create a password. You agree not to disclose or share your password with any third party or use your password for any unauthorized purpose. You are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify Direct Landings of any unauthorized use of your registration or password.
Termination
Direct Landings or its parent, in its sole discretion, may terminate your use of the Direct Landings System for any reason, including, without limitation, if Direct Landings believes that you have violated or acted inconsistently with the letter or spirit of these Terms. Direct Landings may also in its sole discretion and at any time discontinue providing the Direct Landings System and its service, or any part thereof, with or without notice. Direct Landings is not liable to you or any third-party for any termination of your access to the Direct Landings System or its service.
Indemnity
You agree to indemnify and hold Direct Landings, and its parent, subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Direct Landings System or its service, your connection to the Direct Landings System, your violation of these Terms, or your violation of any rights of another. Direct Landings reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Direct Landings in asserting any available defenses.
Dealings with Advertisers, Affiliates or Partners
Your correspondence or business dealings with, or participation in promotions of, advertisers, affiliates or partners found on or through the Direct Landings System, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser, affiliate or partner. You agree that Direct Landings is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers, affiliates or partners on the Direct Landings System.
Links
The Direct Landings System may provide, or third parties may provide, links to other World Wide Web sites or resources that are beyond Direct Landings control Direct Landings makes no representations as to the quality, suitability, functionality or legality of any sites to which links may be provided, and you hereby waive any claim you might have against Direct Landings or its parent, with respect to such sites. Direct Landings IS NOT RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR WORLD WIDE WEB PAGES THAT ARE CONTAINED OUTSIDE THE DIRECT LANDINGS WEBSITE ITSELF.
No Warranty
THE DIRECT LANDINGS SYSTEM AND ITS SERVICE ARE PROVIDED "AS IS," AND DIRECT LANDINGS AND ITS SUPPLIERS AND CO-BRAND PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES OR CONDITIONS OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY), INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, DIRECT LANDINGS DOES NOT PROMISE OR WARRANT TO YOU THAT ANY ASPECT OF THE DIRECT LANDINGS SYSTEM OR THE SERVICE WILL WORK PROPERLY OR WILL BE AVAILABLE CONTINUOUSLY. ANY MATERIAL UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE DIRECT LANDINGS SYSTEM OR ITS SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE UPLOAD OR DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DIRECT LANDINGS OR THROUGH OR FROM THE DIRECT LANDINGS SYSTEM OR ITS SERVICE CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. Some states 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, which vary from state to state.
Liability Limits
IN NO EVENT WILL DIRECT LANDINGS OR ITS SUPPLIERS OR CO-BRAND PARTNERS BE LIABLE FOR ANY LOST PROFITS OR DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THE DIRECT LANDINGS SYSTEM, ITS SERVICE OR THIS AGREEMENT. FURTHER, IN NO EVENT SHALL DIRECT LANDINGS OR ITS SUPPLIERS OR CO-BRAND PARTNERS BE LIABLE TO YOU IN AN AMOUNT GREATER THAN $500. Some states do not allow the foregoing limitations of liability, so they may not apply to you.
Modifications to these Terms
Direct Landings reserves the right to modify these Terms periodically, without prior notice. Please check these terms periodically for changes. Any such revisions, amendment, or modifications will be effective upon the posting of such change on the Direct Landings website. Continued use of the Direct Landings System by you constitutes your binding acceptance of such revisions, amendments, and modifications. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE DIRECT LANDINGS SYSTEM.
Privacy Statement
Your privacy is important to Direct Landings. Please review our Privacy Statement, the terms of which are incorporated herein by reference.
International Use
Direct Landings makes no representation that the Direct Landings System or its service are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Direct Landings System or use its service from other locations do so on their own initiative and are responsible for compliance with local laws.
General
All matters relating to your access to and use of the Direct Landings System are governed in all respects by the laws of the State of Illinois as such laws are applied to agreements entered into and to be performed entirely within Illinois between Illinois residents. By using the Direct Landings System or its service, you consent and submit to the exclusive jurisdiction and venue of the state and federal courts located in DuPage County, Illinois. If any portion of this TU&S is deemed unenforceable, that portion will be enforced to the maximum extent possible and the remaining portions of the TU&S will be given full effect. Direct Landings' failure to act in a particular circumstance does not waive the ability to act with respect to that circumstance or similar circumstances. Direct Landings and its parent will be excused for any failure to perform to the extent that its performance is prevented by any reason outside of its control. No agency, partnership, joint venture, employment or franchise relationship is intended or created by this TU&S. Direct Landings may require registration and/or payment to continue use of any aspect of the Direct Landings System at any time. These Terms constitute the entire agreement, and supersede the provisions of any other agreements or understandings (oral or written), between the parties with respect to the subject matter of these Terms.
BY USING THE DIRECT LANDINGS SYSTEM OR ITS SERVICE, YOU ACCEPT THESE TERMS AND ANY MODIFICATIONS THAT MAY BE MADE TO THESE TERMS FROM TIME TO TIME. IF YOU DO NOT AGREE TO THE TERMS, YOU MAY NOT USE THE SYSTEM OR ITS SERVICE.
Contact Information
If you have any questions about these terms of usage and service, the practices of this site and service, or your dealings with the website, you can contact us in the following ways:
Click here for an email form,
Or mail us at:
Direct Landings
c/o Encephalo Associates, Inc.
631 S. Stough St., Hinsdale, IL 60521
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