Phoenix Netology
Terms of Use for Phoenix Netology


General

This Website may include inaccuracies or typographical errors. Phoenix Netology and the third parties that provide content on this site may make improvements and/or changes in the content, products, services, programs, and prices described in this Website at any time without notice. Changes are periodically made to the Website. Posted comments may be edited for content and/or clarity. User comments are owned by the posting party, not by Phoenix Netology. Use of any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein is strictly forbidden except that you can syndicate our news using the file backend.php.

Please read our Privacy Statement.


Medical Information and/or Advice

The information in this website is not intended to be a substitute for professional medical advice. Always seek the advice of your personal physician or other qualified health provider prior to starting any new treatment or with any questions you may have regarding a medical condition.

Clinicians should consult appropriate prescribing information for any pharmacotherapy outlined within this website. No information contained within this website is intended to be used for medical diagnosis or treatment.

DO NOT RELY UPON ANY OF THE INFORMATION ON THIS WEBSITE FOR MEDICAL DIAGNOSIS, ADVICE, OR TREATMENT.

Please consult your primary health care provider about any personal health concerns.

Legal Information and/or Advice

The information contained at the Phoenix Netology Website has been prepared by Phoenix Netology and its contributors as a service to its readers and the Internet community and is not intended to constitute legal advice. Should you need or require legal advice please consult an attorney licensed to practice law in your jusrisdiction.

Software Use

Any software that is made available to you to download from the Website ("the Software") is the copyrighted work of Phoenix Netology and/or third parties. Your use of the Software is governed by the terms of the end user license agreement which accompanies or is included with the Software ("the License Agreement"). Software that is accompanied by or includes a License Agreement, unless you first agree to the terms of the License Agreement.

SOFTWARE IS WARRANTED, IF AT ALL, IN ACCORDANCE WITH THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS SET FORTH IN THE LICENSE AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.

Links to Third Party Sites

This Website may be linked to other websites which are not under the control of and are not maintained by Phoenix Netology . Phoenix Netology is not responsible for the content of those sites. Phoenix Netology provides these links to you only as a convenience, and the inclusion of any link to such sites does not imply endorsement by Phoenix Netology of those sites. Phoenix Netology reserves the right to terminate any link or linking program at any time.

Usage By Children Under the Age of 13

Phoenix Netology cannot prohibit minors from visiting the Phoenix Netology Website. Phoenix Netology must rely on parents, guardians and those responsible for supervising children under 13 to decide which materials are appropriate for such children to contribute, view and/or purchase.

Member Accounts

If you register as a Phoenix Netology member, you will be assigned a username and password that is unique to you. You are responsible for maintaining the confidentiality of the username and password, and responsible for all activities that occur under your username and password. You agree to notify Phoenix Netology of any unauthorized use of your username and password or any other breach of security. Phoenix Netology reserves the right of deleting, modifying, terminating, or suspending any member account with or without reason at our sole discretion.

All Mechanisms of Content: News/Story Submissions, User Chat Rooms, Bulletin Boards, Email, Messenger Systems, and Forums

Phoenix Netology may, but is not obligated to, monitor or review any areas on the Website where users transmit or post communications or communicate solely with each other, including, but not limited to private messages, chat rooms, email, bulletin boards or other user forums, and the content of any such communications. Phoenix Netology, however, will have no liability related to the content of any such communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. By uploading materials to any Forum or submitting any materials to Phoenix Netology, you automatically grant (or warrant that the owner of such rights has expressly granted) us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that all so-called "moral rights" in those materials have been waived. "Forum" means letters, e-mails or any other types of communications to the editors, Webmaster(s), visitors, or members of Phoenix Netology , and messages posted in connection with Phoenix Netology discussions, news, or articles. You shall not upload to, distribute through, or otherwise publish through any Forum or other mechanism on this Website or any other Phoenix Netology Website any content which is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violates any law. The Forums and all other mechanisms on this Website shall be used only in a noncommercial manner by members and visitors. You shall not, without our express written approval, distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services.

Disclaimer of Warranty

UNLESS OTHERWISE EXPLICITY STATED, THE MATERIALS ON THE WEBSITE ARE PROVIDED "AS IS". ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. Phoenix Netology MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTIES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY OF THE MATERIALS CONTAINED ON THE WEBSITE. ANY QUESTIONS REGARDING THE MATERIALS SHOULD BE DIRECTED TO THE PROVIDERS OF SUCH MATERIALS.

Limitation of Liability

Phoenix Netology SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING, OR DOWNLOADING THE MATERIALS ON THIS WEBSITE. IN NO EVENT SHALL RED HAT BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE (INCLUDING LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE) HOWEVER IT ARISES, WHETHER FOR BREACH OR IN TORT, EVEN IF Phoenix Netology HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE WEBSITE AND WILL NOT MAKE A CLAIM AGAINST Phoenix Netology FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS OR LOST PROFITS RESULTING FROM THE USE OF THE MATERIALS. YOU AGREE TO HOLD Phoenix Netology HARMLESS FROM, AND YOU COVENANT NOT TO SUE Phoenix Netology FOR, ANY CLAIMS BASED ON USING THE WEBSITE.

Trademarks

Phoenix Netology, logos are trademarks or registered trademarks of Phoenix Netology in Queensland, Australia. All other trademarks are the property of their respective owners.

Copyrights

Except where otherwise specified, the contents of this site are copyright © 1999-2005 Phoenix Netology, Brisbane, Queensland, Australia. All rights reserved.

Phoenix Netology and its parent (if any) and subsidiaries (if any) respect the intellectual property of others. If you believe that your copyrighted work has been copied and is accessible on this site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information.

1. The signature (electronic or physical) of the owner of the copyright or the person authorized to act on the owner's behalf.
2. A description of the copyrighted work and a description of the infringing activity.
3. The location where the copyrighted work exists (the original or an authorized copy).
4. Identification of the URL or other location on this site where the material that you claim is infringing is located.
5. Your name, address, telephone number and email address.
6. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
7. A statement by you, made under penalty of perjury, that all of the information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.

Phoenix Netology agent for notice of claims of copyright infringement on the Phoenix Netology website can be reached as follows:

By postal mail:
Legal Department
PO Box 1008
Brisbane
Queensland
4005

By phone:
61-403-0101-30

By email:
Webmaster

Jurisdiction

Unless otherwise specified, the materials in the Phoenix Netology Website are presented solely for the purpose of promoting communication between its membership and the public at large in Australia, its territories, possessions, and protectorates. The Phoenix Netology Website is controlled and operated by Phoenix Netology from its offices in the State of Queensland on a web server located in Brisbane, Australia makes no representation that materials in the Phoenix Netology Website are appropriate or available for use in other locations. Those who choose to access the Phoenix Netology Web site from other locations do so on their own initiative and are responsible for establishing the useability or correctness of any information or materials under any or all jurisdictions and the compliance of that information or material with local laws, if and to the extent local laws are applicable.

Termination

These terms are effective until terminated by either party. You may terminate these terms at any time by destroying all materials obtained from any and all Phoenix Netology Website(s) and all related documentation and all copies and installations thereof, whether made under these terms or otherwise. These terms will terminate immediately without notice from Phoenix Netology if in Phoenix Netology's sole discretion you fail to comply with any term or provision of these terms. Upon termination, you must destroy all materials obtained from the Phoenix Netology Website and all copies thereof, whether made under the terms of these terms or otherwise. Phoenix Netology may take such further action as Phoenix Netology determines to be appropriate under the circumstances to eliminate or preclude repeat violations, and Phoenix Netology shall not be liable for any damages of any nature suffered by any customer, member, user, or any third party resulting in whole or in part from Phoenix Netology's exercise of its rights under these terms and conditions.

Other

These terms shall be governed by and construed in accordance with the laws of the State of Queensland. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in BrisVegas County and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. You agree that regardless of any law or statute to the contrary, any claim or cause of action arising out of or relating to the Phoenix Netology service, and these Terms of Use must be filed within one (1) year of the date the claim or cause of arose, or be barred as untimely. This is the entire agreement between us relating to the subject matter herein and shall not be modified except as provided herein or in writing, signed by Phoenix Netology.



Last updated: June 1, 2005.

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