AETHER WEB SITE
PLEASE READ THE FOLLOWING INFORMATION CAREFULLY BEFORE ACCESSING OR USING THE SERVICE. AETHER PROVIDES THE SERVICE SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW. BY ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF USE SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SERVICE. AETHER MAY TERMINATE YOUR ACCESS TO THE SERVICE AT ANY TIME FOR ANY REASON, INCLUDING YOUR VIOLATING THE TERMS OF THIS TOU AGREEMENT.
All images, text, programs, and other materials and content (collectively, the "Content") found within the Service are protected by United States and international copyright laws and other laws relating to the protection of intellectual and proprietary property. Aether owns the copyright and intellectual property rights in and to the Content. Except as expressly provided within the software license agreements applicable to your downloading of Aether software elsewhere within the Service, any commercial use of the Content is strictly prohibited, without the express written consent of Aether. You agree not to change or delete any proprietary notices from materials downloaded from the Service.
The names, logos, taglines and other marks identifying Aether and its products and services are proprietary marks of Aether. All other trademarks and service marks are the property of their respective owners.
Certain areas within the Service allow for the exchange of information between you, Aether and other parties. Any submission by you becomes the property of Aether, and you expressly grant to Aether the authority and right to use such submission in accordance with Aether privacy policies. Further, you agree to grant to Aether a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sublicense, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to public areas of the Service (such as bulletin boards, forums and newsgroups) by all means and in any media now known or hereafter developed. You also grant to Aether the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against Aether for any alleged or actual infringement or misappropriation of any proprietary right in your communications to us. You acknowledge that transmission to and from the Service is not confidential and your transmissions may be read or intercepted by others. You acknowledge that by making submissions to the Service, no confidential, fiduciary, contractually implied or other relationship is created between you and Aether other than pursuant to this TOU Agreement.
Certain locations within the Service allow for you to download and use software. You agree to be bound by the terms and conditions of a separate software license agreement that will be presented to you prior to your downloading, accessing and using the software. Aether cannot and does not guarantee or warrant that files available for downloading through the Service will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Service for the reconstruction of any lost data.
Modifications of TOU Agreement
Aether reserves the right, at its sole discretion, to change, modify, add or remove any portion of this TOU Agreement, in whole or in part, at any time. You agree to review this TOU Agreement periodically to be aware of such modifications and your continued access or use of the Service shall be deemed your conclusive acceptance of the modified TOU Agreement.
Discontinuance of Service
Aether may change, suspend or discontinue any aspect of the Service at any time, including the availability of any feature, database, or Content. Aether may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.
Your participation in online communications occurs in real time and is not edited, censored, or otherwise controlled by Aether and Aether does not necessarily screen content provided by users of the Service. Notwithstanding the foregoing, Aether reserves the right to monitor content on the Service and to remove content which Aether, in its sole discretion, determines to be harmful, offensive, or otherwise in violation of law or the terms of this TOU Agreement. Further, Aether reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request.
In order to maintain an informative and valuable service that meets the needs of the users of the Service and avoids the harm that can result from disseminating statements that are false, malicious, violate the rights of others, or otherwise harmful, it is necessary to establish the following rules to protect against abuse. Accordingly, you represent, warrant and covenant that you shall not upload, post or transmit to or distribute or otherwise publish through the Service any materials which (i) restrict or inhibit any other user from using and enjoying the Service, (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus or other harmful component, or (vi) constitute or contain false or misleading indications of origin or statements of fact.
You hereby agree to indemnify, defend and hold Aether, and all its officers, directors, owners, agents, employees, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties') harmless from and against any and all liability and costs incurred by the Indemnified Parties including, without limitation, attorneys fees and costs, in connection with any claim arising out of any violation by you of this TOU Agreement. You shall cooperate as fully as reasonably required in the defense of any claim. Aether reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Aether. Each of the Indemnified Parties shall have the right to assert and enforce these provisions directly against you on its own behalf.
The Service contains links and pointers to the other World Wide Web Internet sites and resources. Links to and from the Service to other third party sites, maintained by third parties, do not constitute an endorsement by Aether of any third party resources, or their contents. Aether is not responsible in any way for such third party sites and related content.
Use of Service
You understand that, except for information, products or services clearly identified as being supplied by Aether, Aether does not operate, control or endorse any information, products or services on the Internet in any way. Except for Aether-identified information, products or services, all information, products and services offered through the Service or on the Internet generally are offered by third parties that are not affiliated with Aether and Aether does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the Service or on the Internet generally.
THE SERVICE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICE, IS PROVIDED "AS IS." YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICE AND THE INTERNET. AETHER DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, WITH REGARD TO THE SERVICE OR ANY CONTENT, MATERIALS, SOFTWARE, INFORMATION AND FUNCTIONS MADE AVAILABLE THROUGH THE SERVICE. AETHER EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. AETHER DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED WITHIN THE SERVICE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
IN NO EVENT WILL AETHER BE LIABLE FOR ANY COST OR DAMAGE ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE OR DOWNLOADED OR HYPERLINKED FROM THE SERVICE, OR YOUR RELIANCE ON THE INFORMATION CONTAINED WITHIN THE SERVICE OR RELATED SUPPORT SERVICES OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL, OR SIMILAR DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
This TOU Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without regard to conflicts of laws provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to this TOU Agreement shall be with an appropriate federal or state court located in the Commonwealth of Virginia.
This TOU Agreement constitutes the entire agreement between Aether and you with respect to your use of the Service. If for any reason a court of competent jurisdiction finds any provision of this TOU Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to further the intent of this TOU Agreement, and the remainder of this TOU Agreement shall continue in full force and effect.