Stonehaven Technology Terms and Conditions for
Sale and Usage
This page states the "Terms and Conditions" under which you
and any other services or websites of
the Stonehaven Technology
company . Please read this page carefully. If
you do not accept the Terms and Conditions stated here, do not use these
web sites and services. By using these web sites, you are indicating your
acceptance to be bound by the terms of these Terms and Conditions. Stonehaven Technology
(the "Company") may revise these Terms and Conditions at any
time by updating this posting. You should visit this page periodically to
review the Terms and Conditions, because they are binding on you. The
terms "You" and "User" as used herein refer to all
individuals and/or entities accessing these web sites and services for any reason.
Use of Material.
The Company authorizes you to view and
use a single instance of the material or services in sTToXML
, http://www.sttoxml.com, www.stonehaventechnology.com, www.jwdotc.com,
www.sttoxml.com, www.sttoxml.net, www11.safesecureweb.com, and any other
services and websites of Stonehaven Technology
"Web Sites") solely for your personal, noncommercial use and up
to the point allowed by your license allowance where applicable.
The contents of these Web Sites, such as
text, graphics, images, logos, button icons, software and other
"Material", are protected under both United States and foreign
copyright, trademark and other laws. All Material is the property of the
Company or its content suppliers or clients. The compilation (meaning the
collection, arrangement and assembly) of all content on these Web Sites is
the exclusive property of the Company and protected by U.S. and
international copyright laws. Unauthorized use of the Material may violate
copyright, trademark, and other laws. You must retain all copyright,
trademark, service-mark and other proprietary notices contained in the
original Material on any copy you make of the Material. You may not sell
or modify the Material or reproduce, display, publicly perform,
distribute, or otherwise use the Material in any way for any public or
commercial purpose. The use of the Material on any other web site or in a
networked computer environment for any purpose is prohibited.
You shall not copy or adapt the code
that the Company creates to generate its pages or services. It is also protected by
the Company’s copyright.
Acceptable Site Use.
General Rules: Users may not use the Web
Site in order to transmit, distribute, store or destroy material (a) in
violation of any applicable law or regulation, (b) in a manner that will
infringe the copyright, trademark, trade secret or other intellectual
property rights of others or violate the privacy, publicity or other
personal rights of others, or (c) that is defamatory, obscene,
threatening, abusive or hateful.
Web Site Security Rules. Users are
prohibited from violating or attempting to violate the security of the Web
Site, including, without limitation, (a) accessing data not intended for
such user or logging into a server or account which the user is not
authorized to access, (b) attempting to probe, scan or test the
vulnerability of a system or network or to breach security or
authentication measures without proper authorization, (c) attempting to
interfere with service to any user, host or network, including, without
limitation, via means of submitting a virus to the Web Site, overloading,
"flooding", "spamming", "mailbombing" or
"crashing", (d) sending unsolicited e-mail, including promotions
and/or advertising of products or services, or (e) forging any TCP/IP
packet header or any part of the header information in any e-mail or
newsgroup posting. Violations of system or network security may result in
civil or criminal liability. The Company will investigate occurrences
which may involve such violations and may involve, and cooperate with, law
enforcement authorities in prosecuting users who are involved in such
Specific Prohibited Uses.
The Company specifically prohibits any use of
the Web Sites, and all users agree not to use the Web Sites, for any of the
Deleting or revising any material posted
by any other person or entity.
Using any device, software or routine to
interfere or attempt to interfere with the proper working of this Web Site
or any activity being conducted on this site.
Taking any action which imposes an
unreasonable or disproportionately large load on this Web Site’s
If you have a password allowing access to
a non-public area of these Web Sites, disclosing to or sharing your password
with any third parties or using your password for any unauthorized
Attempting to exceed the license
allowances of services including but not limited to concurrent use,
bandwidth, and file size limitations.
Notwithstanding anything to the contrary
contained herein, using or attempting to use any engine, software, tool,
agent or other device or mechanism (including without limitation browsers,
spiders, robots, avatars or intelligent agents) to navigate or search
Web Sites other than the search engine and search agents available from the
Company on these Web Sites and other than generally available third party
web browsers (e.g., Netscape Navigator, Microsoft Explorer, Mozilla
Attempting to decipher, decompile,
disassemble or reverse engineer any of the software comprising or in any
way making up a part of the Web Sites.
Aggregating, copying or duplicating in
any manner any of the materials or information available from the Web
Framing of or linking to any of the
materials or information available from the Web Sites.
When you register for the Web Sites, you
will be asked to provide the Company with certain information, (your
"Information"). In addition to the terms and conditions that may
agree that the Company may disclose to third parties, on an anonymous
basis, certain aggregate information contained in your registration
application. The Company will not disclose to any third party your name,
address, e-mail address, telephone number, or other personal or company information without your prior consent,
except to the extent necessary or appropriate to comply with applicable
laws or in legal proceedings where such information is relevant. The
Company reserves the right to offer third party services and products to
you based on the preferences that you identify in your registration.
regarding your Information.
As a user, you are responsible for your
own communications and are responsible for the consequences of their
posting. You must not, and by using these Web Sites you agree not to do the
following things: post material that is copyrighted, unless you are the
copyright owner or have the permission of the copyright owner to post it;
post material that reveals trade secrets, unless you own them or have the
permission of the owner; post material that infringes on any other
intellectual property rights of others or on the privacy or publicity
rights of others; post material that is obscene, defamatory, threatening,
harassing, abusive, hateful, or embarrassing to another user or any other
person or entity; post a sexually-explicit image or statement; post
advertisements or solicitations of business, post chain letters or pyramid
schemes; impersonate another person; or post material that contains
viruses, Trojan horses, worms, time bombs, cancelbots or other computer
programming routines or engines that are intended to damage, detrimentally
interfere with, surreptitiously intercept or expropriate any system, data
The Company does not represent or
guarantee the truthfulness, accuracy, or reliability of communications
posted by users or endorse any opinions expressed by users. You
acknowledge that any reliance on material posted by other users will be at
your own risk.
The Company acts as a medium for
the online conversion of user-submitted information and
has no obligation to screen communications or information in advance and
is not responsible for screening or monitoring material submitted by users.
If the Company discovers communications or information which allegedly do not conform to
these Terms and Conditions, the Company may investigate the incident and
determine in good faith and its sole discretion whether to remove or
request the removal of the information or communications. The Company has no liability or
responsibility to users for performance or nonperformance of such
activities. The Company reserves the right to expel users and prevent
their further access to the Web Sites for violating the Terms and
Conditions or the law and the right to remove communications which are
abusive, illegal, or disruptive. The Company may take any action with
respect to user-submitted information that it deems necessary or
appropriate in its sole discretion if it believes it may create liability
for the Company or may cause the Company to lose (in whole or in part) the
services of its ISPs or other suppliers.
By submitting content to any public area of the Web
Sites, including message boards, forums,
contests and chat rooms, you grant the Company and its affiliates the
loyalty-free, perpetual, irrevocable, sub-licenseable (through multiple
tiers), non-exclusive right (including any moral rights) and license to
use, reproduce, modify, adapt, publish, translate, create derivative works
from, distribute, communicate to the public, perform and display the
content (in whole or in part) worldwide and/or to incorporate it in other
works in any form, media, or technology now known or later developed, for
the full term of any rights that may exist in such content. You also
warrant that the holder of any rights, including moral rights in such
content, has completely and effectively waived all such rights and validly
and irrevocably granted to you the right to grant the license stated
above. You also permit any subscriber to access, display, view, store and
reproduce such content for personal use. Subject to the foregoing, the
owner of such content placed on the Web Sites retains any and all rights
that may exist in such content.
Any content submitted to non-private
areas of the Web Sites or Services is excluded from the above license
rights. Such content is considered by the Company to be customer
private and confidential information and is protected by the Company's
privacy and security policies.
Registration and Password.
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 the Company of any unauthorized use of your
registration or password.
The Company’s Liability.
There are risks, including but not
limited to the risk of physical harm, of dealing with strangers, foreign
nationals, underage persons or people acting under false pretenses. You
assume all risks associated with dealing with other users with whom you
come in contact through the Web Site.
Because user authentication on the
Internet is difficult, Stonehaven Technology
cannot and does not confirm
that each user is who they claim to be. Because we do not and cannot be
involved in user-to-user dealings or control the behavior of participants
on the Websites, in the event that you have a dispute with one or
more users, you release the Company (and our agents and employees) from
claims, demands and damages (actual and consequential, direct and
indirect) of every kind and nature, known and unknown, suspected and
unsuspected, disclosed and undisclosed, arising out of or in any way
connected with such disputes. If you are a California resident, you waive
California Civil Code d1542,
which says: "A
general release does not extend to claims which the creditor does not know
or suspect to exist in his favor at the time of executing the release,
which if known by him must have materially affected his settlement with
We are under no legal obligation to, and
generally do not, control the information provided by other users which is
made available through the Web Sites. By its very nature, other people’s
information may be offensive, harmful or inaccurate, and in some cases
will be mislabeled or deceptively labeled. We expect that you will use
caution and common sense when using the Web Sites.
The Material may contain inaccuracies or
typographical errors. The Company makes no representations about the
accuracy, reliability, completeness, or timeliness of the Web Sites or the
Material. The use of the Web Sites and the Material is at your own risk.
Changes are periodically made to the Web Sites and may be made at any time.
You acknowledge and agree that you are
solely responsible for the form, content and accuracy of any data or
material contained therein placed by you on the Web Sites.
THE COMPANY DOES NOT WARRANT THAT THE WEB
SITE OR SERVICES WILL OPERATE ERROR-FREE OR THAT THE WEB SITE AND ITS SERVER ARE FREE
OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEB
SITES, SERVICES, OR THE MATERIALS RESULTS IN THE NEED FOR SERVICING OR REPLACING
EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS.
THE WEB SITE AND MATERIAL ARE PROVIDED ON
AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE
COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES,
WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY,
FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY MAKES NO
WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF
THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
Disclaimer of Consequential Damages.
IN NO EVENT SHALL THE COMPANY, ITS
SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE WEB SITE BE LIABLE FOR
ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND
CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA
OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE
WEB SITE AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR
ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
Links to Other Sites.
The Web Sites contain links to third
party web sites. These links are provided solely as a convenience to you
and not as an endorsement by the Company of the contents on such
third-party Web sites. The Company is not responsible for the content of
linked third-party sites and does not make any representations regarding
the content or accuracy of materials on such third party Web sites. If you
decide to access linked third party Web sites, you do so at your own
No Resale or Unauthorized Commercial Use.
You agree not to resell or assign your
rights or obligations under these Term of Use. You also agree not to make
any unauthorized commercial use of the Web Sites.
Limitation of Liability.
The aggregate liability for the Company
to you for all claims arising from the use of the Materials is limited to
$100 or the price of your services, whichever is greater.
reserves the right to charge one and a half percent (1 1/2%) interest (or
the maximum legal rate, whichever is lesser) per month on overdue balances
hereunder. Customer shall also reimburse Stonehaven Technology
for any costs and expenses incident to the collection of any delinquent
The Company reserves the right, at its
sole discretion, to pursue all of its legal remedies, including but not
limited to deletion of your postings from this Web Site and immediate
termination of your registration with or ability to access the Web Sites
and/or any other service provided to you by the Company, upon any breach
by you of these Terms and Conditions or if the Company is unable to verify
or authenticate any information you submit to the Web Site registration
with or ability to access the Web Sites.
You agree to defend, indemnify, and hold
harmless the Company, its officers, directors, employees and agents, from
and against any claims, actions or demands, including without limitation
reasonable legal and accounting fees, alleging or resulting from your use
of the Material or your breach of the terms of these Terms and Conditions.
The Company shall provide notice to you promptly of any such claim, suit,
or proceeding and shall assist you, at your expense, in defending any such
claim, suit or proceeding.
The Company makes no claims that the
Materials may be lawfully viewed or downloaded outside of the United
States. Access to the Materials may not be legal by certain persons or in
certain countries. If you access the Web Site from outside of the United
States, you do so at your own risk and are responsible for compliance with
the laws of your jurisdiction. These Terms and conditions are governed by
the internal substantive laws of the Commonwealth of North Carolina,
without respect to its conflict of laws principles. Jurisdiction for any
claims arising under this agreement shall lie exclusively with the state
or federal courts within Mecklenburg County, North Carolina,
U.S.A. If any
provision of these Terms and Conditions are found to be invalid by any
court having competent jurisdiction, the invalidity of such provision
shall not affect the validity of the remaining provisions of these Terms
and Conditions, which shall remain in full force and effect. No waiver of
any term of these Terms and Conditions shall be deemed a further or
continuing waiver of such term or any other term. Except as expressly
"Legal Notice," or Software License or material on particular
Web pages, these Terms and Conditions constitute the entire agreement
between you and the Company with respect to the use of Web Site. No
changes to these Terms and Conditions shall be made except by a revised
posting on this page.
Certain areas of this Web Site are
to such areas.
January 9, 2005