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1.
VIP Reseller Partner Terms and Conditions
Agreement and Operating Policy.
Information Technology Solutions Group
Inc. services are
provided by "itsgroup.org"
("itsgroup.org" or "we") to you
("VIP" or "you"), subject to the terms of
this Agreement and itsgroup.org
operating policy, which is incorporated
herein and referred to as the "VIP
Operating Policy" or "VIPOP" and shall be
collectively referred to as "VIPA." The
VIPA may be accessed by
http://www.itsgroup.org/vipagreement.htm.
The VIPA comprises the entire agreement
between itsgroup.org and you, and
supersedes any prior agreements between
you and itsgroup.org with respect
to the subject matter of the VIPA.
itsgroup.org may revise the VIPA
at any time, and such revision shall be
effective ten (10) days after notice of
the proposed revision is posted on the VIP
Bulletin Board. You agree to review the
VIPA periodically to be aware of such
revisions. If any such revision is
unacceptable to you, you may terminate
your VIP status with itsgroup.org
as provided in Section 9 below. Your
continued use of your
itsgroup.org Web site following
the Effective Date of any such revision to
the Terms and Conditions Agreement shall
be conclusively deemed as your acceptance
of all such revisions.
2. Account Info. YOU REPRESENT THAT YOU
ARE AT LEAST EIGHTEEN YEARS OLD. You
are entirely liable for all activities
conducted on or through your Web Site and
e-mail alias. You agree to provide
itsgroup.org with accurate,
complete, and updated information, and to
notify us promptly of any changes in such
information. Please notify us at
resellers@itsgroup.org It
is your responsibility to keep your
information current with us. All important
notices are sent via e-mail and not
receiving these documents due to an
invalid e-mail address will not be deemed
a valid excuse for any reason. Failure
to provide itsgroup.org with
accurate, complete, or updated information
shall constitute a breach of this
Agreement and unauthorized access to any
of the itsgroup.org servers, and
may result in immediate termination of
your account and subject you to civil
and/or criminal liability. You may not
select or use a user name of another
person (unless it is also your name), a
name in violation of the intellectual
property rights of a third party, or a
domain name that itsgroup.org
deems offensive or otherwise
inappropriate. Additionally, you may not
use your domain name in violation of VIPA
or in ways deemed inappropriate by
itsgroup.org (e.g. employing
misleading advertising or unfair or
deceptive acts or practises)All Customer
Domains MUST be registered in the
Customer's name, Company, and correct
Company Address.
3. Charges. You are responsible for all
charges associated your VIP account. Any
charges made for supplies, domain names or
other services/products are your sole
responsibility.
4. Rights and Responsibilities. Rights.
You acknowledge that (i)
itsgroup.org permits access to
Content that is protected by copyrights,
trademarks, and other proprietary
(including intellectual property) rights
("Rights"), and (ii) that these Rights are
valid and protected in all media existing
now or later developed and (iii) except as
is explicitly provided otherwise, your use
of Content shall be governed by applicable
copyright and other intellectual property
laws. (See VIPOP for details.) Conduct and
Communication. itsgroup.org may
elect at its sole discretion to monitor
some, all or none of the activities of
VIP's for adherence to the VIPA. You agree
to use itsgroup.org only for
lawful purposes. Any conduct by an VIP's
that in itsgroup.org sole
discretion restricts or inhibits any other
VIP's , Subscriber, person or entity from
using or enjoying itsgroup.org or
another service will not be permitted and
shall entitle itsgroup.org to
immediately terminate VIP account status
without notice. (See the VIPOP for
examples of prohibited conduct).
itsgroup.org reserves the right
to protect its VIP's and the
itsgroup.org service from
offensive email communication including
but not limited to the right to block mass
email solicitations (i.e. junkmail.)
5. International C&S/Internet. (a)
International Areas. Your access to and
use of the International C&S will be
governed (in addition to this Agreement)
by separate terms and operating policies
which conform to appropriate national laws
and customs. (b) itsgroup.org
retains the right but not the obligation,
in its sole discretion and without prior
notice or liability, to limit the
distribution within the
itsgroup.org Service of emailers'
unauthorized mass email solicitations.
6. itsgroup.org Software/Screen
Name Licenses. itsgroup.org
grants you a non-exclusive, limited
license to use the software through which
you access itsgroup.org
("itsgroup.org Software") only
for use in connecting to your
itsgroup.org server from
authorized locations in accordance with
this Agreement.
7. NO WARRANTY. VIP EXPRESSLY AGREES THAT
USE OF itsgroup.org,
itsgroup.org SOFTWARE,
itsgroup.org EMAIL SERVICES AND
IS AT VIP's SOLE RISK.
itsgroup.org,
itsgroup.org EMAIL SERVICES AND
itsgroup.org SOFTWARE ARE
PROVIDED ON AN "AS IS," "AS AVAILABLE"
BASIS WITHOUT WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED, UNLESS SUCH
WARRANTIES ARE LEGALLY INCAPABLE OF
EXCLUSION. ITS Group Information Technology'S ENTIRE
LIABILITY AND YOUR EXCLUSIVE REMEDY WITH
RESPECT TO USE OF itsgroup.org .
itsgroup.org LIABILITY TO YOU FOR
BREACH OF THIS AGREEMENT IS LIMITED SOLELY
TO THE AMOUNT PAID BY YOU TO ACCESS AND
USE itsgroup.org BECAUSE SOME
STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, IN SUCH STATES
itsgroup.org LIABILITY IS LIMITED
TO THE EXTENT PERMITTED BY LAW.
8. Indemnification. Upon request of
itsgroup.org, VIP agrees to
defend, indemnify and hold harmless
itsgroup.org, its affiliated
companies, licensees, telecommunications
providers, and ICPs from all liabilities,
claims and expenses, including attorney's
fees, arising from breach of the VIPA by
use of, or in connection with, the
transmission by or through VIP's Account
of any Content on itsgroup.org
itsgroup.org reserves the right,
at its own expense, to assume the
exclusive defense and control of any
matter otherwise subject to
indemnification by VIP hereunder, and in
such event, VIP shall have no further
obligation to provide indemnification for
such matter.
9. Termination. Either VIP or
itsgroup.org may terminate VIP's
account at any time. itsgroup.org
can only terminate VIP's account
for breach of any part of this agreement.
Terminated VIP's are not entitled to any
residual commissions after the effective
date of termination. VIP's notice of
termination will be effective upon receipt
by itsgroup.org In the event that
an VIP's account is terminated or
canceled, no refund of any fees,
including domain name or supplies costs,
will be granted and any time credited to
VIP's account(s) is not convertible to
cash or other form of credit.
10.
Commissions are paid on the second Friday
of every month and sent our via regular
mail. itsgroup.org will hold all
funds until your check amount reaches a
minimum of $50.00. You can set this amount
higher if the cost of cashing U.S. checks
is high, or for any other reason.
Commission checks that are not received by
the VIP can be re-sent only after the
first day of the following month. Such
requests should be directed to
sales@ITsGroup.org. VIP's
must maintain two or more accounts ordered
under their VIPID to continue to get
commissions and or discounts on servers.
Commissions are not paid for suspended or
cancelled accounts, even if a customer
pays all past due charges. To ensure
accounts are not suspended, VIP's
can view the status of their accounts at
any time, from the Account Executive Sales
/ Support Area. It is recommended, but not
required, that the VIP follow up on these
past due charges. itsgroup.org
does not suspend/cancel accounts until
payments are 30 days behind. For this
month, VIP's
are paid commissions whether the past due
invoices are paid or the account is
cancelled. VIP's
that offer discounts to customers by
waiving or refunding part of their
commissions are subject to immediate
termination, with the exception of the
server setup fee for virtual servers.
11. Law. To the extent of any conflict
between this agreement and the VIPOP, this
agreement shall take precedence. Should
any part of the VIPOP be held invalid or
unenforceable, that portion shall be
construed consistent with applicable law
as nearly as possible to reflect the
original intentions of the parties and the
remaining portions remain in full force
and effect. The VIPOP and your ViP status
shall be governed by the laws of the
Commonwealth of Massachusetts, excluding
its conflicts of law rules. VIP expressly
agrees that exclusive jurisdiction for any
claim or dispute resides in the courts of
the Commonwealth of Massachusetts. VIP
further agrees and expressly consents to
the exercise of personal jurisdiction in
the Commonwealth of Massachusetts in
connection with any dispute or claim
involving ITS Group Information Technology.
12. VIP customer accounts. VIP's that
are also customers must remain in good
standing with all open accounts. Past due
invoices not paid can result in VIP status
being revoked and/or deduction from future
commissions.
VIP Reseller
Operating Policy (VIPOP)
1. General
A. This Operating Policy ("Operating
Policy" or "VIPOP") sets forth how
itsgroup.org, Inc. will operate
the itsgroup.org ( brand
interactive service and how authorized
VIP's may use itsgroup.org This
VIPOP will also explain many practical
aspects of using itsgroup.org
Please read this document carefully and
refer to it as often as necessary. You
should also read and refer to the VIP
Reseller Partner Agreement (the "VIPA").
This document, and the VIPA, are all of
the applicable itsgroup.org
Account Executive / Alliance Partner rules
("itsgroup.org VIP Rules"), and
comprise the entire agreement between you
and itsgroup.org with respect to
itsgroup.org You can view the
VIPA or this VIPOP on
itsgroup.org at any time. Unless
the context requires otherwise, terms used
in the VIPOP have the meanings given in
the VIPA.
B. We believe that our
itsgroup.org VIP Rules will
enhance itsgroup.org efforts to
make itsgroup.org informative,
entertaining and enjoyable for everyone..
We have tried to explain clearly our
itsgroup.org VIP Rules, but if
any aspect of the itsgroup.org
VIP Rules are unclear, we welcome your
comments. We hope that our
itsgroup.org VIP Rules will
foster an online community where there is
both free exchange of ideas and
information, and respect for individual
and community rights.
2. Using itsgroup.org
A. Your itsgroup.org Account.
(i) YOU MUST BE AT LEAST EIGHTEEN (18)
YEARS OF AGE TO REGISTER FOR
itsgroup.org AND OBTAIN AN VIP
ACCOUNT. In cases where you have
authorized another individual, including a
minor, to use your account, you recognize
that you are fully responsible for the
online conduct of such user, and for
controlling the user's access to and use
of itsgroup.org, and for the
consequences of any misuse, and that the
holder of the VIP's Account(s) is entirely
responsible for activities conducted
through those accounts (see Section 2 of
the VIPA).
(ii) You are responsible for
maintaining the confidentiality of your
password and are liable for any harm
resulting from disclosing or allowing
disclosure of any password or from use by
any person of your password to gain access
to the VIP Account(s). Therefore, for
security purposes, we recommend that you
change your password often. (You can do
this by entering the "Change Your
Information" section in the VIP's Only
area.) At no time should a VIP ever
respond to an online request for a
password. Employees or representatives of
itsgroup.org will never ask for a
VIP's password online. YOU ARE FULLY
LIABLE FOR ALL CHARGES UNDER YOUR VIP
ACCOUNT, INCLUDING ANY UNAUTHORIZED
CHARGES TO THOSE ACCOUNTS.
(iii) VIP shall pay in addition to any
charges, all sales, use, value-added,
personal property or other governmental
tax or levy imposed on the goods or
services billed to his/her VIP Account(s),
other than taxes based on net income or
profits of itsgroup.org If the
payment method for any service or product
is by credit card and payment is not
received by itsgroup.org from the
card issuer or its agents, you agree to
pay all amounts due upon demand by
itsgroup.org Your card issuers
agreement governs your use of your
designated card in connection with
itsgroup.org, and you must refer
to such agreement and not this Agreement
with respect to your rights and
liabilities as a cardholder. You agree
that itsgroup.org may, at its
option, accumulate charges incurred during
your billing cycle and submit them as one
or more aggregate charges during or at the
end of each cycle for EFT from your
checking account or credit card as
applicable, meaning that accumulated
charges may appear on the statement you
receive from your bank or card issuer.
Further, you agree that
itsgroup.org may delay obtaining
authorization from your card issuer until
submission of the accumulated charges. If
itsgroup.org does not receive the
full amount of your itsgroup.org
account balance within thirty (30) days of
the invoice date, an additional 1.5% (or
the highest amount allowed by law,
whichever is lower) per month late charge
will be added to your bill and shall
immediately become due and payable. VIP
shall also be liable for all attorney and
collection fees arising from
itsgroup.org efforts to collect
any unpaid balance of your Account(s).
Unless you notify itsgroup.org of
any discrepancies within 90 days after
they first appear on your account
statement, they will be deemed acceptable
by you for all purposes, including
resolution of inquiries made by your card
issuer. You release itsgroup.org
from all liabilities and claim of loss
resulting from any discrepancy that is not
reported to itsgroup.org within
90 days of its publication.
B. Online Conduct.
(a) Any conduct by you that in
itsgroup.org discretion restricts
or inhibits any other VIP or Subscriber
from using or enjoying
itsgroup.org will not be
permitted and may result in termination of
VIP status. You agree to use
itsgroup.org only for lawful
purposes. You may not use
itsgroup.org to:
(1) harass, threaten, embarrass or
cause distress, unwanted attention or
discomfort upon another VIP or user of
itsgroup.org or other person or
entity, (2) post or transmit sexually
explicit images or other content which is
deemed by itsgroup.org to be
offensive, (3) transmit any unlawful,
harmful, threatening, abusive, harassing,
defamatory, vulgar, obscene, hateful,
racially, ethnically or otherwise
objectionable Content, (4) impersonate any
person, including but not limited to, an
itsgroup.org official or an ICP,
forum leader, guide or host, or
communicate under a false name or a name
that you are not entitled or authorized to
use, (5) post or transmit chain letters or
pyramid schemes, (6) post or transmit
any unsolicited advertising, promotional
materials, or other forms of solicitation
to other VIP's , individuals or entities,
except in those areas (e.g., the
classified areas) that are designated for
such a purpose, (7) violate any
operating rule, policy or guideline of any
other interactive service, including but
not limited to the operating policies of
the International Areas, or (9)
intentionally or unintentionally violate
any applicable local, state, national or
international law, including but not
limited to any regulations having the
force of law.
(i) Offensive Communication.
itsgroup.org is a
community-oriented service composed of
many different communities of people. Our
goal is to provide an interesting,
stimulating and fun place for all VIP's.
Using vulgar, abusive or hateful language
undermines this goal and is not allowed.
Please use your best judgment and be
respectful of other VIP's. Remember, there
may be children online. If you use vulgar,
or abusive language online, even if masked
by symbols or other characters, you may,
in some cases be terminated immediately. A
warning indicates that your language is
not in compliance with the VIPA or VIPOP.
Should you receive such a warning, take
the time to read the itsgroup.org
VIP Rules again, comprising the VIPA and
this VIPOP which you will find posted in
the VIP main area.
(ii) Harassment. When an VIP targets
another individual or entity to cause
distress, embarrassment, unwanted
attention, or other discomfort, this is
harassment. itsgroup.org does not
condone harassment in any form and may
suspend or terminate the accounts of any
VIP who harasses others. You may have a
disagreement with someone's point of view
- we encourage lively discussion in our
chat rooms and message boards but personal
attacks, or attacks based on a person's
race, national origin, ethnicity,
religion, gender, sexual orientation,
disablement or other such affiliation, are
prohibited. If you have a disagreement
with someone's point of view, address the
subject, not the person.
(iii) Graphic Files.
itsgroup.org prohibits the
transfer or posting on
itsgroup.org of sexually explicit
images or other content deemed offensive
by ITS Group Information Technology. In addition, any
VIP involved in the distribution of adult
material (see
http://www.itsgroup.org/adult.html
for definition of "adult material") either
via the Internet or any other means can
and will be terminated.
(iv) Impersonation. This can involve
the portrayal of another person or entity,
such as the impersonation of
itsgroup.org staff, authorized
Guide or Host, or communication under a
false name or a name that you are not
authorized to use. VIP's must avoid the
portrayal of itsgroup.org
personnel or others persons in all forms
of online communication, including, but
not limited to, screen names, VIP
profiles, chat dialogue and message
postings.
(v) Room Disruption. This includes
purposefully interfering with the normal
flow of dialogue in a chat room. Room
disruption may occur by repeatedly
interrupting conversation between VIP's ,
or by acting in such a way as to
antagonize, harass or create hostility in
a chat room or bulletin board.
(vi) Chain Letters and Pyramid Schemes.
Transmission of chain letters and pyramid
schemes of any kind is not allowed on
itsgroup.org This material places
an unnecessary load on our electronic mail
("email") system and is considered a
nuisance by many VIP's . Certain chain
letters and pyramid schemes are illegal.
Letters or messages that offer a product
or service based on the structure of a
chain letter are also of questionable
legality. At minimum, they are a waste of
resources and are not permitted on
ITS Group Information Technology.
(vii)
Advertising, Solicitation and Name
Harvesting. We are proud to have a strict
"anti-spamming" policy. Although the U.S.
courts have yet to deem spamming as
illegal, it is a definite violation of
itsgroup.org policy and is cause
for immediate termination. You may not
use itsgroup.org to send
unsolicited advertising, promotional
material, or other forms of solicitation
to any other itsgroup.org VIP
except in those specified areas that are
designated for such a purpose (e.g., the
classified area) unless you receive the
express permission of the VIP. You may not
use itsgroup.org to collect or
"harvest" screen names of other VIP's
without the express prior permission of
the VIP. itsgroup.org reserves
the right to block or filter mass email
solicitations on or through
itsgroup.org In addition, you
a) may not use your itsgroup.org
alias to send such solicitations b) may
not use your domain name or
itsgroup.org URL, any sites
(names, URL's or IP addresses) belonging
to itsgroup.org, or the
itsgroup.org name in any bulk
e-mail solicitations you choose to
participate in anywhere on the Internet.
C. Content.
You recognize that communication over
itsgroup.org often occurs in
real-time, or is posted on one of
ITsgroup's many message
boards or libraries, and
itsgroup.org cannot, and does not
intend to, screen communication in
advance. Moreover, because
itsgroup.org encourages open and
candid communication, it cannot determine
in advance the accuracy, or conformance to
the itsgroup.org VIP Rules, of
Content transmitted on
itsgroup.org
itsgroup.org is not responsible
for screening, policing, editing, or
monitoring such Content. If notified of
Content which is alleged not to conform to
the itsgroup.org VIP Rules,
itsgroup.org may investigate the
allegation and determine in good faith and
in its sole discretion whether to remove
or request the removal of such Content
from itsgroup.org
itsgroup.org shall have no
liability or responsibility to you in
respect of its performance or
non-performance by itsgroup.org
of such activities, as long as it has
acted in good faith.
All Content is protected by copyright
pursuant to U.S., international
conventions, and other copyright laws as a
collective work and/or compilation, and
itsgroup.org owns a copyright in
the selection, coordination, arrangement
and enhancement of such Content. You may
not modify, publish, transmit, participate
in the transfer or sale of, reproduce
(except as provided below), create
derivative works from, distribute,
perform, display or in any way exploit,
any of the Content, in whole or in part;
provided that if no specific restrictions
are applied directly or indirectly in
relation to a particular item of Content,
you may make a reasonable number of copies
of such item, including copyright
material, provided that the copies are
made and used only for your personal use
and that you ensure that any notices
contained in the Content such as all
copyright, trademark, and other
proprietary rights notices are reproduced
in an unmodified form in all such copies.
You may upload to message boards or
otherwise transmit on or through
itsgroup.org only Content that is
not subject to any copyright or other
proprietary rights protection
(collectively, "Public Domain Content"),
or Content in respect of which the holder
of any copyright, trademark or other
proprietary rights ("Rights") has given
express authorization for distribution on
itsgroup.org without any
restriction whatsoever, and in respect of
which any moral rights of any person or
entity have been completely and
irrevocably waived. Any copyright Content
submitted with the consent of a copyright
owner other than you should contain a
phrase such as "Copyright owned by [name
of the owner]; Used by Permission." The
unauthorized submission of copyright or
Content which is otherwise subject of any
third party Rights constitutes a breach of
the itsgroup.org Rules and may
also render you liable to the holder of
such Rights. Remember you, not
itsgroup.org or its affiliates or
independent contractors (such as "ICPs"),
are exclusively responsible for any
liability resulting from infringement of
Rights arising from such submission or
transmission.
By submitting Content to any "Public
Area" (Public Area(s) are those areas of
itsgroup.org that are generally
accessible to other VIP's , such as public
chat rooms, message boards, and file
uploads) you are deemed automatically to
grant and/or warrant that the holder of
any Rights or Moral Rights in such Content
has completely and effectively waived all
such "moral rights" and expressly, validly
and irrevocably granted to you the right
to grant itsgroup.org the
royalty-free, perpetual, irrevocable,
non-exclusive right (including any moral
rights) and license to use, reproduce,
modify, adapt, publish, translate, create
derivative works from, distribute, perform
and display the Content (in whole or part)
worldwide and/or to incorporate it in
other works in any form, media, or
technology now known or hereafter
developed for the full term of any Rights
that may exist in such Content. You also
permit any VIP to access, view, store and
reproduce the Content for personal use.
Subject to the foregoing, the owner of
Content placed on itsgroup.org
retains any and all rights which may exist
in such Content.
The export control laws of the United
States and other jurisdictions regulate
the export and re-export of certain
technology. This includes the electronic
transmission of certain information and
software to particular foreign countries
and foreign nationals. You agree to abide
by these laws including but not limited to
the United States Export Administration
Act, Arms Export Control Act and their
implementing regulations and not to
transfer, by electronic transmission or
otherwise, any Content derived from
itsgroup.org which is governed by
or regulated under such laws to a national
or a destination prohibited or restricted
under such laws without first obtaining
any required governmental authorization.
You further agree not to upload to
itsgroup.org any data or software
that cannot be exported without prior
written government authorization,
including, but not limited to, certain
types of encryption software. This
assurance and commitment shall survive
termination of the Agreement. In addition,
because U.S. export control laws currently
prohibit nationals of Cuba, Iran, Libya,
North Korea and Syria from gaining access
to certain Content on
itsgroup.org, nationals of these
countries currently may not legally use
itsgroup.org servers.
H. Legal Notices
Thank you for reading the
itsgroup.org Terms and Conditions
Agreement and for referring to it for any
updates. We believe that your familiarity
with these Rules will greatly enhance your
experience on the itsgroup.org
service and will make
itsgroup.org an informative,
entertaining, and fun place for all our
VIP's. We have tried to explain clearly
our terms, but if any aspect remains
unclear, please do not hesitate to contact
us. Our aim is for the VIPA to foster an
online community where there is both free
exchange of ideas and information, and
respect for individual and community
rights. We hope you will enjoy your time
with itsgroup.org as much as we
do! |