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Fry's ISP Acceptable Use Policy
ACCEPTANCE OF TERMS THROUGH USE
By using this site, you signify your agreement
to all terms, conditions, and notices contained or referenced herein
(the "Terms of Use"). If you do not agree to these Terms of
Use please do not use this site. We reserve the right, at our
discretion, to update or revise these Terms of Use. Please check the
Terms periodically for changes. Your continued use of this site
following the posting of any changes to the Terms of Use constitutes
acceptance of those changes.
AGREEMENT TO RULES OF USER CONDUCT
You agree to abide by Fry's ISP's Rules of User Conduct, including but not
limited to, agreeing not to use this site for any unlawful purpose.
RULES OF USER CONDUCT
By posting information in or otherwise using any communications service,
chat room, message board, newsgroup, software library, or other
interactive service that may be available to you on or through this
site, you agree that you will not upload, post, or otherwise
distribute or facilitate distribution of any content -- including
text, communications, software, images, sounds, data, or other
information -- that:
- is
unlawful, threatening, abusive, harassing, defamatory, libelous,
deceptive, fraudulent, invasive of another's privacy, tortious,
contains explicit or graphic descriptions or accounts of sexual acts
(including but not limited to sexual language of a violent or
threatening nature directed at another individual or group of
individuals), or otherwise violates Fry's ISP's rules or policies;
- victimizes,
harasses, degrades, or intimidates an individual or group of
individuals on the basis of religion, gender, sexual orientation,
race, ethnicity, age, or disability;
- infringes
on any patent, trademark, trade secret, copyright, right of
publicity, or other proprietary right of any party;
- constitutes
unauthorized or unsolicited advertising, junk or bulk e-mail (also
known as "spamming"), chain letters, any other form of
unauthorized solicitation, or any form of lottery or gambling;
- contains
software viruses or any other computer code, files, or programs that
are designed or intended to disrupt, damage, or limit the
functioning of any software, hardware, or telecommunications
equipment or to damage or obtain unauthorized access to any data or
other information of any third party; or
- impersonates any
person or entity, including any employee or representative of Fry's
ISP.
You also agree that you
will not harvest or collect information about the users or members of
this site or use such information for the purpose of transmitting or
facilitating transmission of unsolicited bulk electronic e-mail or
communications.
You further agree that you will not knowingly
solicit or collect personal information from a child 12 years old or
younger without appropriate prior verifiable parental consent.
Fry's
ISP generally does not pre-screen, monitor, or edit the content
posted by users of communications services, chat rooms, message
boards, newsgroups, software libraries, or other interactive services
that may be available on or through this site. However, Fry's ISP and
its agents have the right at their sole discretion to remove any
content that, in Fry's ISP's judgment, does not comply with the Rules
of User Conduct or is otherwise harmful, objectionable, or
inaccurate. Fry's ISP is not responsible for any failure or delay in
removing such content.
THIRD PARTY SITES
This site may produce automated search results
or otherwise link you to other sites on the Internet. These sites may
contain information or material that some people may find
inappropriate or offensive. These other sites are not under the
control of Fry's ISP, and you acknowledge that Fry's ISP is not
responsible for the accuracy, copyright compliance, legality,
decency, or any other aspect of the content of such sites. The
inclusion of such a link does not imply endorsement of the site by
Fry's ISP or any association with its operators.
PROPRIETARY RIGHTS
You acknowledge and agree that all content and
materials available on this site are protected by copyrights,
trademarks, service marks, patents, trade secrets, or other
proprietary rights and laws. Except as expressly authorized by Fry's
ISP, you agree not to sell, license, rent, modify, distribute, copy,
reproduce, transmit, publicly display, publicly perform, publish,
adapt, edit, or create derivative works from such materials or
content. Notwithstanding the above, you may print or download one
copy of the materials or content on this site on any single computer
for your personal, non-commercial use, provided you keep intact all
copyright and other proprietary notices. Systematic retrieval of data
or other content from this site to create or compile, directly or
indirectly, a collection, compilation, database or directory without
written permission from Fry's ISP is prohibited. In addition, use of
the content or materials for any purpose not expressly permitted in
these Terms of Use is prohibited.
USER'S GRANT OF LIMITED LICENSE
By posting or submitting content to this site,
you:
- grant
Fry's ISP and its affiliates and licensees the right to use,
reproduce, display, perform, adapt, modify, distribute, have
distributed, and promote the content in any form, anywhere and for
any purpose; and
- warrant and represent
that you own or otherwise control all of the rights to the content
and that public posting and use of your content by Fry's ISP will
not infringe or violate the rights of any third party.
PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that your work has been copied and is accessible on this site
in a way that constitutes copyright infringement, you may notify Fry's ISP.
Click here for instructions.
ALL
MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN
OR AVAILABLE THROUGH THIS SITE (THE "CONTENT") ARE PROVIDED
"AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE
CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NONINFRINGEMENT. Fry's ISP, ITS SUBSIDIARIES, AND ITS LICENSORS DO
NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT
THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT
ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE
OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS
SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE
EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO
YOU.
LIMITATION OF LIABILITY
UNDER NO
CIRCUMSTANCES SHALL FRY'S ISP, ITS SUBSIDIARIES, OR ITS LICENSORS BE
LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR
CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO
USE, THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY
IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY
OTHER BASIS, EVEN IF FRY'S ISP HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, FRY'S ISP'S
LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT
PERMITTED BY LAW.
INDEMNIFICATION
Upon a request
by Fry's ISP, you agree to defend, indemnify, and hold harmless Fry's
ISP and its subsidiary and other affiliated companies, and their
employees, contractors, officers, and directors from all liabilities,
claims, and expenses, including attorney's fees, that arise from your
use or misuse of this site. Fry's ISP 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 Fry's ISP in asserting any available
defenses.
INTERNATIONAL USE
Fry's ISP makes no
representation that materials on this site 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 this site from other locations
do so on their own initiative and are responsible for compliance with
local laws.
CHOICE OF LAW AND FORUM
These Terms
of Use shall be governed by and construed in accordance with the laws
of the State of California, excluding its conflicts of law rules. You
expressly agree that the exclusive jurisdiction for any claim or
action arising out of or relating to these Terms of Use or your use
of this site shall be filed only in the state or federal courts
located in the State of California, and you further agree and submit
to the exercise of personal jurisdiction of such courts for the
purpose of litigating any such claim or action.
SEVERABILITY AND INTEGRATION
Unless otherwise specified herein, this
agreement constitutes the entire agreement between you and Fry's ISP
with respect to this site and supersedes all prior or contemporaneous
communications and proposals (whether oral, written, or electronic)
between you and Fry's ISP with respect to this site. If any part of
these Terms of Use is held invalid or unenforceable, that portion
shall be construed in a manner consistent with applicable law to
reflect, as nearly as possible, the original intentions of the
parties, and the remaining portions shall remain in full force and
effect.
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