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Legal


This Highwinds Terms of Use and Privacy Policy (the "Policy") is an agreement between you and Highwinds Network Group, Inc. ("Highwinds"), with a principal place of business at 807 W. Morse Boulevard, Suite 101, Winter Park, Florida 32789, that governs your use of the Highwinds web site, located at www.highwinds.com (the "Highwinds Site"). You agree to read this Policy carefully before using the Highwinds Site. Your use of the Highwinds Site signifies your agreement to the terms and conditions of the Policy set forth below. If, however, you or your employer is a customer of Highwinds with a software license and/or support agreement with Highwinds ("Your Highwinds License"), to the extent that the written terms of Your Highwinds License relates to certain areas of the Highwinds Site (i.e. support e-mail pages), Your Highwinds License shall supersede this Policy and govern your use of those certain areas. Similarly, your use of any software you download from the Highwinds Site as a customer of Highwinds shall be governed by Your Highwinds License or the clickwrap agreement you accepted prior to downloading that software. In either case, the Policy shall still govern your use of the Highwinds Site not governed by Your Highwinds License or the clickwrap license.

Highwinds reserves the right to change this Policy at any time, so we encourage you to review this web page periodically. The changes will be effective immediately when posted. Your use or continued use of the Highwinds Site following the posting of any changes to this Policy shall constitute your acceptance of the changed Policy. If you do not accept this Policy, you may not use the Highwinds Site.

TERMS OF USE

All of the content on the Highwinds Site is subject to copyright, trademark, service mark, trade dress and other intellectual property rights or licenses held by Highwinds. Highwinds grants you a limited license to access and use the Highwinds Site for the limited internal business purpose of gathering information about Highwinds as a potential solution for your business. You may not use the trademarks, service marks, trade dress and copyrighted material displayed on the Highwinds Site. Other than as set forth above, Highwinds retains all right, title and interest in and to the Highwinds Site, including all copyrights, patents, trade secrets and trademarks, and reserves all rights not expressly granted herein.

You may not download (other than page caching) the Highwinds Site, or any portion of it, except with express written consent of Highwinds. You also may not copy, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from any portion of the Highwinds Site. You must abide by all trademark and copyright notices, information, or restrictions contained in or attached to any content or portion of the Highwinds Site.

Your license to access and use the Highwinds Site does not include any resale or commercial use of the Highwinds Site or its contents; any collection and use of any product listings, descriptions, or prices; any downloading or copying of account information for the benefit of another company; or any use of data mining, robots, or similar data gathering and extraction tools. The Highwinds Site or any portion of the Highwinds Site may not be visited or otherwise exploited for any commercial purpose other than your internal business purposes without the express written consent of Highwinds. You may not frame or utilize framing techniques to enclose any trademark, logo, copyright or other proprietary information (including images, text, page layout, or form) of the Highwinds Site without express written consent. You may not use any meta tags or any other "hidden text" utilizing Highwinds' name, domain name or trademarks without the express written consent of Highwinds. Any unauthorized use terminates the permission or license granted by Highwinds.

You represent, warrant and covenant that: (a) you shall not upload, post or transmit to or distribute or otherwise publish through the Highwinds Site any materials which (i) restrict or inhibit any other user from using and enjoying the Highwinds Site, (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, (vi) contain any information, software or other material of a commercial nature, (vii) contain advertising of any kind, or (viii) constitute or contain false or misleading indications of origin or statements of fact; and (b) that you are at least eighteen (18) years old.

You hereby agree to indemnify, defend and hold Highwinds, and all its officers, directors, owners, agents, employees, information providers, partners, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of the Policy or the foregoing representations, warranties and covenants, including, without limitation, attorneys' fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. Highwinds 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 Highwinds.

Highwinds may change, suspend or discontinue any aspect of the Highwinds Site at any time, including the availability of any Highwinds Site feature, database or content. Highwinds may also impose limits on certain features and services or restrict your access to parts or all of the Highwinds Site without notice or liability.

Highwinds may, at its sole discretion, offer links to websites of various service, product and information providers. As these websites are not maintained or written by Highwinds, we do not guarantee or attest to the accuracy and completeness of the information obtained through these links. Accordingly, Highwinds will not be held liable for decisions made based upon information on these linked websites. These links should not serve as an endorsement for any particular provider's capabilities or services, as we have no control over the quality, accuracy or comprehensiveness of the information obtained.

You acknowledge that transmissions to and from the Highwinds Site are not confidential and your communications may be read or intercepted by others. You acknowledge that, by submitting communications to Highwinds, no confidential, fiduciary, contractually implied or other relationship is created between you and Highwinds other than pursuant to this Policy or Your Highwinds License, if any.

TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE HIGHWINDS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED "AS IS," AND HIGHWINDS EXPRESSLY DISCLAIMS ALL REPESENTATIONS OR WARRANTIES OF ANY KIND RELATING IN ANY WAY TO THE HIGHWINDS SITE OR ANY LINKED SITE, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE HIGHWINDS SITE, SITE-RELATED SERVICES AND ANY LINKED SITE. HIGHWINDS DOES NOT WARRANT THAT ANY MATERIAL OR FUNCTIONS IN THE HIGHWINDS SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE HIGHWINDS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HIGHWINDS AND ITS AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF THE HIGHWINDS SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.

IN ADDITION, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, HIGHWINDS AND ITS SPONSORS AND AFFILIATES ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE HIGHWINDS SITE, SITE-RELATED SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE HIGHWINDS SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE HIGHWINDS SITE AND/OR SITE-RELATED SERVICES IS TO STOP USING THE HIGHWINDS SITE AND/OR THOSE SERVICES.

Although Highwinds attempts to ensure the integrity and accurateness of the Highwinds Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Highwinds Site. It is possible that the Highwinds Site could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to the Highwinds Site by third parties. In the event that an inaccuracy arises, please inform Highwinds. Highwinds reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Highwinds Site.

Highwinds does not and cannot review all materials posted to the Highwinds Site by users, and Highwinds is not responsible for any such materials posted by users. However, Highwinds reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in Highwinds' sole discretion are objectionable or in violation of this Policy.

By posting messages, uploading files, inputting data or engaging in any other form of communication (individually or collectively "Communications") to the Highwinds Site, you hereby grant to Highwinds a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Communications, in all media now known or hereafter developed. You hereby waive all rights to any claim against Highwinds for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications.

THIS POLICY IS ENTERED INTO IN THE STATE OF GEORGIA AND SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF GEORGIA, EXCLUSIVE OF ITS CHOICE OF LAW RULES. EACH PARTY TO THIS POLICY SUBMITS TO THE EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS SITTING IN THE COUNTY OF GWINNETT IN THE STATE OF GEORGIA, AND WAIVES ANY JURISDICTIONAL, VENUE, OR INCONVENIENT FORUM OBJECTIONS TO SUCH COURTS. Any cause of action you may have with respect to your use of the Highwinds Site must be commenced within one (1) year after the claim or cause of action arises. In any action to enforce this agreement, the prevailing party will be entitled to costs and attorneys' fees. In the event that any of the provisions of this agreement are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this agreement shall otherwise remain in full force and effect. This agreement constitutes the entire agreement between the parties hereto pertaining to your use of the Highwinds Site, and any and all written (except to the extent Your Software License governs your use of the Highwinds Site) or oral agreements heretofore existing between the parties hereto are expressly canceled.