|
INTERNET "PORTAL" SERVICE AGREEMENT
PLEASE READ THIS INTERNET "PORTAL" SERVICE AGREEMENT
CAREFULLY BEFORE USING OUR SERVICE.
1. INTRODUCTION.
Those who access some of our Services or Links
("Visitors"). By using the services, you agree to be bound
by this Agreement and to use the Services in compliance with this
Agreement, our Acceptable Use Policy and other user policies.
If you do not agree to the terms and conditions
of this Agreement, including any future revisions, you may not use this
Service.
2. DISCLAIMER OF WARRANTIES and LIMITATION OF
LIABILITY.
EXCEPT FOR CERTAIN PRODUCTS AND SERVICES
SPECIFICALLY IDENTIFIED AS BEING OFFERED BY THEUPSTATE.COM,
THEUPSTATE.COM DOES NOT CONTROL ANY MATERIALS, INFORMATION, PRODUCTS,
OR SERVICES ON THE INTERNET. THE INTERNET CONTAINS UNEDITED MATERIALS,
SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU.
THEUPSTATE.COM HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY FOR
SUCH MATERIALS. YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THE
SERVICES AND THE INTERNET AND ARE SOLELY RESPONSIBLE FOR EVALUATING
THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL SERVICES, PRODUCTS,
AND OTHER INFORMATION, AND THE QUALITY AND MERCHANTABILITY OF ALL
MERCHANDISE PROVIDED THROUGH THE SERVICE OR THE INTERNET.
THE SERVICES AND LINKS ARE PROVIDED ON AN
"AS IS" AND "AS AVAILABLE" BASIS. THEUPSTATE.COM
DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE
OR FREE OF VIRUSES, OR OTHER HARMFUL COMPONENTS. THEUPSTATE.COM MAKES
NO EXPRESS WARRANTIES AND WAIVES ALL IMPLIED WARRANTIES INCLUDING, BUT
NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE,
INFORMATION OR SERVICE PROVIDED THROUGH ANY LINKS LISTED ON THIS SITE.
NO ADVICE OR INFORMATION GIVEN BY THEUPSTATE.COM OR ITS
REPRESENTATIVES SHALL CREATE A WARRANTY. THEUPSTATE.COM AND ITS'
EMPLOYEES ARE NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR
INDIRECTLY FROM YOUR USE OF THE SERVICES OR THE INTERNET INCLUDING ANY
INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE, OR
CONSEQUENTIAL DAMAGES. IN ANY EVENT, THEUPSTATE.COM CUMULATIVE
LIABILITY TO ANY MEMBER FOR ANY AND ALL CLAIMS RELATING TO THE USE OF
THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID
DURING A ONE YEAR PERIOD.
IF YOU FIND A "DEAD" LINK ON
THEUPSTATE.COM, WE ASK THAT YOU REPORT THAT TO US TO THAT IT CAN BE
CORRECTED. AT THE BOTTOM OF EACH PAGE YOU WILL FIND A LINK
ALLOWING YOU TO REPORT IT.
3. WEBSITE USAGE.
Our site on the World Wide Web with its home
pages in the domain "theupstate.com", or any other site
operated by theupstate.com (the "Website") is a
complimentary information service offered by theupstate.com at no
charge to users.
We may provide links on the Website to other
websites which are not under our control. In general, any website
which has an address (or URL) which does not contain
"theupstate.com" is such a website. These links are provided
for convenience only and are not intended as an endorsement by
THEUPSTATE.COM of the organization or individual operating the website
or a warranty of any type regarding the website or the information on
the website.
You may provide a hypertext link to our Website
on another website, provided that: (a) the link must be clearly marked
"theupstate.com", (b) the link must "point" to the
URL "http://www.theupstate.com" or to any other page within
the Website, (c) the appearance, position and other aspects of the
link may not be such as to damage or dilute the goodwill associated
with our name and trademark(s), (d) the appearance, position and other
aspects of the link may not create the false appearance that an entity
is associated with or sponsored by theupstate.com , (e) the link, when
activated by a user, may display this Website full-screen or within a
"frame" on the linked website, and (f) theupstate.com may,
in its sole discretion, revoke consent to link to our website at any
time. All other hypertext links to the Website must be approved in
writing by theupstate.com.
Some portions of the Website may at some time be made
available for the free exchange of ideas by participants and will not
regularly monitored nor moderated by theupstate.com. Theupstate.com
assumes no responsibility and makes no warranty that it will undertake
to screen or remove such material. You agree to hold theupstate.com
harmless from all claims based upon the materials posted by others.
Also, in exchange for availing yourself of the opportunity to upload
or provide information to this site and any associated chat rooms or
discussion areas, you will indemnify theupstate.com from any claims
made by third parties regarding the material that you provide.
Personal information posted by you to the Website is posted at your
own risk. theupstate.com will have no liability arising from use of
that information. You shall not use the Website for the solicitation
of funds. You agree that you will not post, upload
or otherwise introduce a virus or other harmful code onto the Website.
Your posting of material on the Website or
providing material to theupstate.com to use on the Website will be
deemed to be a grant by you to theupstate.com of a license to the
material to include the material on the Website and to reproduce,
publish, distribute, perform, display, and transmit the material and
to prepare derivative works as may be reasonably necessary to do so,
and you waive all rights of attribution and integrity with respect to
the material.
4. TERM OF AGREEMENT.
Continued use of this Service constitutes
acceptance of this Agreement and any future versions. If you are
dissatisfied with the Service or any related terms, conditions, rules,
policies, guidelines, or practices, your sole and exclusive remedy is
to discontinue using the Service.
5. TERMINATION.
You may request that your business listing or
link be removed at any time by calling, email, or by writing.
- telephone calls directed to Customer Service at
864-250-9702.
- email to: sales@theupstate.com
- registered or certified mail, return receipt
requested addressed to Acumen Design & Consulting, Customer
Service, 319-C Wade Hampton Boulevard, Greenville, SC 29609.
Without prior notice, theupstate.com may
terminate this Agreement or your listing in the site for any reason,
including, without limitation, if theupstate.com, in its sole
discretion, believes you have violated this Agreement, our Acceptable
Use Policy or any of the applicable user policies.
6. JURISDICTION.
The federal and state courts located in South
Carolina alone have jurisdiction over all disputes arising out of or
related to this Agreement and the Services. You consent to the
personal jurisdiction of such courts sitting in South Carolina with
respect to such matters or otherwise between you and theupstate.com,
and waive your rights to removal or consent to removal.
7. MISCELLANEOUS.
This Agreement, the Acceptable
Use Policy, the Privacy Policy, and
theupstate.com's other user policies posted on theupstate.com's
website constitute the entire agreement between you and theupstate.com
with respect to your use of the Services.
Theupstate.com may revise, amend, or modify this
Agreement, the Acceptable Use Policy
and any other user policies and agreements, at any time and in any
manner. Notice of any revision, amendment, or modification will be
posted on theupstate.com's web site (http://www.theupstate.com)
Version 07/18/2000
top
ACCEPTABLE
USE POLICY
1. INTRODUCTION
Theupstate.com's Acceptable Use
Policy ("AUP") is intended to help enhance the
use of the Internet by preventing unacceptable use. All
users of theupstate.com's Internet links (the
"Services") - those who access some of our
Services ("Visitors") - must comply with
this AUP.
We support the free flow of
information and ideas over the Internet and do not
actively monitor use of the Services under normal
circumstances. Similarly, we do not exercise editorial
control over the content of any Web site, electronic
mail transmission, news group, or other material created
or accessible over or through the Services, except for
certain proprietary websites. However, in accordance
with our Internet
Service Agreement, we may remove any links that,
in our sole discretion, may be illegal, may subject us
to liability, or which may violate this AUP.
Theupstate.com may cooperate with legal authorities and/or third
parties in the investigation of any suspected or alleged
crime or civil wrong. Your violation of this AUP may
result in the suspension or termination of either your
access to the Service and/or other actions. This AUP should
be read in conjunction with our
Internet Service Agreement and other policies.
2. VIOLATIONS OF
THEUPSTATE.COM'S ACCEPTABLE USE POLICY
The following constitute
violations of this AUP:
a. Illegal use. Using the
Services to transmit any material (by email, uploading,
posting, or otherwise) that, intentionally or
unintentionally, violates any applicable local, state,
national or international law, or any rules or
regulations promulgated thereunder.
b. Harm to minors. Using
the Services to harm, or attempt to harm, minors in any
way.
c. Threats. Using the
Services to transmit any material (by email, uploading,
posting, or otherwise) that threatens or encourages
bodily harm or destruction of property.
d. Harassment. Using the
Services to transmit any material (by email, uploading,
posting, or otherwise) that harasses another.
e. Fraudulent activity.
Using the Services to making fraudulent offers to sell
or buy products, items, or services or to advance any
type of financial scam such as "pyramid
schemes," "ponzi schemes," and
"chain letters."
f. Forgery or impersonation.
Adding, removing or modifying identifying network header
information in an effort to deceive or mislead is
prohibited. Attempting to impersonate any person by
using forged headers or other identifying information is
prohibited. The use of anonymous remailers or nicknames
does not constitute impersonation. Using deliberately
misleading headers ("munging" headers) in news
postings in order to avoid spam e-mail address
collectors is allowed.
g. Unsolicited commercial
email/ Unsolicited bulk email. Using the Services to
transmit any unsolicited commercial email or unsolicited
bulk email. Activities that have the effect of
facilitating unsolicited commercial email or unsolicited
bulk email whether or not that email is commercial in
nature, are prohibited.
h. Unauthorized access.
Using the Services to access, or to attempt to access,
the accounts of others, or to penetrate, or attempt to
penetrate, security measures of theupstate.com or another
entity's computer software or hardware, electronic
communications system, or telecommunications system,
whether or not the intrusion results in the corruption
or loss of data.
i. Copyright or trademark
infringement. Using the Services to transmit any
material (by email, uploading, posting, or otherwise)
that infringes any copyright, trademark, patent, trade
secret, or other proprietary rights of any third party,
including, but not limited to, the unauthorized copying
of copyrighted material, the digitization and
distribution of photographs from magazines, books, or
other copyrighted sources, and the unauthorized
transmittal of copyrighted software.
j. Collection of personal data.
Using the Services to collect, or attempt to collect,
personal information about third parties without their
knowledge or consent.
k. Reselling the services.
Reselling the Services without theupstate.com's
authorization.
l. Network disruptions and
unfriendly activity. Using the Service for any
activity which adversely affects the ability of other
people or systems to use theupstate.com's services or the
Internet. This includes "denial of service"
(DoS) attacks against another network host or individual
user. Interference with or disruption of other network
users, network services or network equipment is
prohibited. It is the Visitor's responsibility to ensure
that their network is configured in a secure manner. A
Visitor may not, through action or inaction, allow others
to use their network for illegal or inappropriate
actions. A Visitor may not permit their network, through
action or inaction, to be configured in such a way that
gives a third party the capability to use their network
in an illegal or inappropriate manner.
m. News. Theupstate.com
Visitors should use their best judgment when posting to any
newsgroup. Many groups have charters, published
guidelines, FAQs, or "community standards"
describing what is and is not considered appropriate.
Usenet can be a valuable resource if used properly. The
continued posting of off-topic articles is prohibited.
Commercial advertisements are off-topic in most
newsgroups, especially regional groups not specifically
named for such. The presence of such articles in a group
is not indicative of the group's "intended"
use. Please familiarize yourself with basic USENET
netiquette before posting to a newsgroup.
Theupstate.com considers
"multi-posting" to 10 or more groups within a
two week sliding window to be excessive.
Theupstate.com Visitors may not cancel
messages once posted to a chat room or information
sharing page. We may cancel
any postings which violate this AUP.
n. Long Connections and
Multiple Logins. Using theupstate.com for high
volume is prohibited. The Services are
intended for periodic, active use of finding listings,
links, games, instruction, and browsing the
World Wide Web. Visitors may stay connected so long as
they are actively using that connection for the above
purposes.
3. REPORTING VIOLATIONS OF
THEUPSTATE.COM'S AUP
Theupstate.com requests that anyone who
believes that there is a violation of this AUP direct
the information to Director-Abuse Department, at: customer
service@theupstate.com.
If available, please provide the
following information:
- The IP address used to commit the
alleged violation
- The date and time of the alleged
violation, including the time zone or offset from GMT
- Evidence of the alleged violation
E-mail with full header
information provides all of the above, as do syslog
files. Other situations will require different methods
of providing the above information.
Theupstate.com may take the following
action in response to complaints:
- bring legal action to enjoin
violations and/or to collect damages, if any, caused
by violations.
4. REVISIONS TO THIS ACCEPTABLE
USE POLICY
Theupstate.com reserves the right to
revise, amend, or modify this AUP, our Internet Service
Agreement and our other policies and agreements at any
time and in any manner. Notice of any revision,
amendment, or modification will be posted in accordance
with the Internet Service Agreement.
Rev. 07/18/2000
|
|
top
PRIVACY POLICY
Your privacy is very important to us. We want to
make your experience on the Internet as enjoyable and rewarding as
possible, and we want you to use the Internet's vast array of
information, tools, and opportunities with complete confidence.
We have created this Privacy Policy to
demonstrate our firm commitment to privacy and security. This Privacy
Policy describes how theupstate.com collects information from all end users
of theupstate.com's Internet listings (the "Services") - those
who access some of our Services ("Visitors") - what we do with
the information we collect, and the choices Visitors have
concerning the collection and use of such information. Theupstate.com requests that you read this Privacy Policy carefully.
Personal Information Other Web Sites Collect and
How it is Used
Some web sites collect information in different ways
from Visitors who access various links within our site and the network of web sites accessible through our Service.
They use this information primarily to provide you a customized
experience as you use their Services and, generally, they do not share this
information with third parties. However, they may disclose personal
information collected in very special circumstances, such as when they
believe that such
disclosure is required by law or other special cases described below.
Visitors are asked to provide certain personal
information when they sign-up for some Services including name,
address, telephone number, billing information (such as a credit card
number), and the type of personal computer being used to access the
Services. The personal information collected from Visitors during the
registration process is used to manage each Visitor's account. This information is not shared with third
parties, unless specifically stated otherwise or in special
circumstances. However, in instances where Theupstate.com and a partner
jointly promote the Services, Theupstate.com may provide the partner
certain personal information, such as the name, address, and username
of persons who subscribed to the Services as a result of the joint
promotion for the sole purpose of allowing us and the partner to
assess the results of the promotion. In this instance, personal
information may not be used by the partner for any other purpose.
Theupstate.com may also generate non-identifying and aggregate profiles
from personal information Visitors provide during registration (such as
the total number, but not the names of Visitors). As explained in more
detail below, we may use this aggregated and non-identifying
information to sell advertisements that appear on the Services.
- Theupstate.com Partners and Sponsors
Some of theupstate.com's products and services are offered
to Visitors in conjunction with a non-affiliated partner.
For example, we may outsource the provision of stock quotes and operation
of your stock portfolio
to a third-party vendor. To provide Visitors some of these
products and services, the partner may need to collect and maintain
personal information. In these instances, you will be notified before
any such data is collected or transferred and may decide not to use
that particular service or feature.
At some web sites, you can purchase products and
services or register to receive materials, such as a catalog or new
product and service updates. In many cases, you may be asked to
provide contact information, such as your name, address, email
address, phone number, and credit/debit card information. If you
complete an order for someone else, such as an online gift order sent
directly to a recipient, you may be asked to provide information about
the recipient, such as the recipient's name, address, and phone
number. Theupstate.com has no control over the third parties' use of any
personal information you provide when placing such an order. Please
exercise care when doing so.
At some point, theupstate.com may offer products
directly. If you order products directly from theupstate.com, we will use the
personal information you provide only to process that order. We do not
share this information with outside parties except to the extent
necessary to complete that order.
Theupstate.com displays online advertisements. We
share aggregated and non-identifying information about our Visitors collected through the registration process as well as
through online surveys and promotions with these advertisers.
Additionally, in some instances, we use this aggregated and
non-identifying information to deliver tailored advertisements. For
instance, an advertiser tells us the audience they want to reach (for
example, males between 25 and 55 years of age) and provides us an
advertisement tailored to the audience. Based upon the aggregated and
non-identifying information we have collected, we may then display the
advertisement to the intended audience. Theupstate.com does not share
personal information about its Visitors with these
advertisers.
- Responses to Email Inquiries
When Visitors send email inquiries to
theupstate.com, the return email address is used to answer the email
inquiry we receive. Theupstate.com does not use the return email address
for any other purpose and does not share the return email address with
any third party.
- Voluntary Customer Surveys
We may periodically conduct both business and
individual customer surveys. We encourage our Visitors to participate
in these surveys because they provide us with important information
that helps us to improve the types of services we offer and how we
provide them to you. Your personal information and responses will
remain strictly confidential, even if the survey is conducted by a
third party. Participation in our customer surveys is voluntary.
We take the information we receive from
individuals responding to our Customer Surveys and combine (or
aggregate) it with the responses of other theupstate.com customers to
create broader, generic responses to the survey questions (such as
gender, age, residence, hobbies, education, employment, industry
sector or other demographic information). We then use the aggregated
information to improve the quality of our services to you, and to
develop new services and products. This aggregated, non-personally
identifying information may be shared with third parties.
It is theupstate.com's policy not to use or share the
personal information about Visitors in ways unrelated to
the ones described above without also providing you an opportunity to
opt-out or otherwise prohibit such unrelated uses. However,
theupstate.com may disclose personal information about Visitors, or
information regarding your use of the Services or web sites accessible
through our Services, for any reason if, in our sole discretion, we
believe that it is reasonable to do so, including: to satisfy laws,
such as the Electronic Communications Privacy Act, regulations, or
governmental or legal requests for such information; to disclose
information that is necessary to identify, contact or bring legal
action against someone who may be violating our Acceptable Use Policy
or other user policies; to operate the Services properly; or to
protect theupstate.com.
"Cookies" and How theupstate.com Uses
Them
A "cookie" is a small data file that
can be placed on your hard drive when you visit certain web sites.
Theupstate.com may in the future use cookies to collect, store, and sometimes track
information for statistical purposes to improve the products and
services we provide and to manage our telecommunications networks. If
you are a Visitor, we may use a cookie to save your settings and to provide customizable
and personalized services. These cookies do not enable third parties
to access any of your customer information. Additionally, be aware
that if you visit non-theupstate.com web sites where you are prompted to
log-in or that are customizable, you may be required to accept
cookies.
Advertisers and partners may also use their own
cookies. We do not control use of these cookies and expressly disclaim
responsibility for information collected through them.
Theupstate.com's Commitment to Children's Privacy
Protecting children's privacy is especially
important to us. It is our policy to comply with the Children's Online
Privacy Protection Act of 1998 and all other applicable laws.
We have webpage links designed especially for our
younger users such as Games and some Educational sites of
interest. While we make every effort to ensure that these
websites are fun and age-appropriate for our younger audience, we
believe that there is no substitute for proper parental supervision.
For further information about kid-friendly websites and how to report online trouble, please visit www.rsac.org.
Finally, Theupstate.com recommends that children ask
a parent for permission before sending personal information to anyone online.
Public Forums
Please remember that any information you may
disclose in any public areas of our
websites or the Internet, becomes public information. You should
exercise caution when deciding to disclose personal information in
these public areas.
Theupstate.com's Commitment to Data Security
Services and websites we sponsor have security
measures in place to protect the loss, misuse, and alteration of the
information under our control. While we make every effort to ensure
the integrity and security of our network and systems, we cannot
guarantee that our security measures will prevent third-party
"hackers" from illegally obtaining this information.
How to Modify Your Information
Theupstate.com offers businesses the opportunity
to modify information provided on their listings. To modify such
information, visit mailto:addurl@theupstate.com
or contact our Customer Service Department at 864.250.9702.
Where to Direct Questions About
Theupstate.com's Privacy Policy
If you have any questions about this Privacy
Policy or the practices described herein, you may contact:
Customer Service
TheUpstate.com
319-C Wade Hampton Boulevard
Greenville, South Carolina 29609
Revisions to This Policy
Theupstate.com reserves the right to revise, amend,
or modify this policy, our Internet Service Agreement and our other
policies and agreements at any time and in any manner. Notice of any
revision, amendment, or modification will be posted in accordance with
the Internet Service Agreement.
top
DIGITAL
MILLENNIUM COPYRIGHT ACT
Theupstate.com is committed to complying with U.S.
copyright law and expects all end users who access some of our
Services but do not have accounts ("Visitors") to do the same. The Digital Millennium Copyright
Act of 1998 ("DMCA") provides recourse for owners of
copyrighted material who believe that their rights under U.S.
copyright law have been infringed on the Internet. Under the DMCA,
copyright owners may contact the authorized agent of an Internet
service provider to report alleged infringements of their protected
works appearing on web pages hosted by the service provider. Upon
receipt of a properly filed complaint satisfying the requirements of
the DMCA, Theupstate.com will remove or block access to the allegedly
infringing material. If a Visitor of theupstate.com believes in good faith that a notice of copyright infringement has
been wrongly filed, such person may submit a counter-notice to
theupstate.com. Theupstate.com will not be a party to disputes over alleged
copyright infringement.
This information should not be construed as
legal advice to our Visitors. If you believe that your
copyrights have been infringed, or if a notice of copyright
infringement has been filed against you, we advise that you seek legal
counsel. We are providing the following information to you for
informational purposes only.
Notification of Claimed Copyright
Infringement
If you believe that a web page link posted by
theupstate.com is violating your rights under U.S. copyright law, you may
file a complaint of such claimed infringement with the proper
authorities against the owner of that site.
For your complaint to be valid under the DMCA,
you must provide the following information when providing notice of
the claimed copyright infringement:
a. A physical or electronic signature of a
person authorized to act on behalf of the copyright owner;
b. Identification of the copyrighted work
claimed to have been infringed;
c. Identification of the material that is
claimed to be infringing or to be the subject of the infringing
activity and that is to be removed or access to which is to be
disabled as well as information reasonably sufficient to permit
theupstate.com to locate the link in question;
d. Information reasonably sufficient to permit
the service provider to contact the complaining party, such as an
address, telephone number, and, if available, an electronic mail
address; and
e. A statement that the complaining party has
a good faith belief that use of the material in the manner
complained of is not authorized by the copyright owner, its agent,
or law.
f. A statement that the information in the
notification is accurate, and under penalty of perjury, that the
complaining party is authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed.
You should be aware that, under the DCMA,
claimants who make misrepresentations concerning copyright
infringement may be liable for damages incurred as a result of the
removal or blocking of the material, court costs, and attorneys fees.
Counter-Notification to Claimed Copyright
Infringement
If a notice of copyright infringement has been
filed against you, you may file a counter-notification with the proper
authorities. Such
counter-notification must contain the following information:
a. A physical or electronic signature.
b. Identification of the material that has
been removed or to which access has been disabled and the location
at which the material appeared before it was removed or access to it
was disabled.
c. A statement under penalty of perjury that
the Member has a good faith belief that the material was removed or
disabled as a result of mistake or misidentification.
d. Your name, address, and telephone number,
and a statement that you consent to the jurisdiction of the federal
district court for the federal district in which you are located,
and that you will accept service of process from the complainant.
If theupstate.com receives a valid
counter-notification, the DMCA provides that the removed material will
be restored, or access re-enabled.
Please be advised that U.S. copyright law
provides substantial penalties for a false counter-notice filed in
response to a notice of copyright infringement.
TRADEMARK
AND COPYRIGHT NOTICE
©2000 Theupstate.com
TheUpstate.com logo is a service mark of Pence
Diversified, Inc.
All other trademarks and service marks are the
property of their respective owners.
HOME
TOP OF PAGE
|