TERMS OF SERVICE AGREEMENT
Terms and Conditions of Use
Welcome to IDG Connect ("Service"), an online service of IDG Communications, Inc. ("IDG"). Your use of the Service will be subject to the terms of this Terms of Service Agreement (TOS). The TOS may change from time to time. Use of service after a change will subject you to the new terms. IF YOU DO NOT AGREE TO THESE TERMS DO NOT USE THE SERVICE AS VIOLATION OF THE TERMS CAN LEAD TO LEGAL LIABILITY. In addition, when using any particular service of the Sites, you may be subject to additional guidelines or terms and conditions applicable to such services that may be posted from time to time, which are hereby incorporated into this Agreement. All content that is made available on the Service is provided by IDG, its affiliated companies and third party partners (collectively, the "Content") and is proprietary to us or to third parties.
Using the Service
IDG authorizes you to view, download, and print the Content provided on the Service, subject to the following conditions: (i) you may only download and print the Content in limited quantities as required to evaluate whether the goods and services featured are appropriate for your use; (ii) you many not use any automated process or software program to view, download, print or otherwise use the Content; (iii) you may not use any of the Content for the purpose of soliciting, for any service or product, companies that have information included in the Content; (iv) you may not modify the Content; (v) you may not remove any copyright, trademark, or other proprietary notices that have been placed in the Content. Except as expressly permitted above, copying; modifying; storing for any period of time, for any use other than specified in (i) above; reproduction; redistribution; republication; uploading; posting; transmitting; distributing or otherwise exploiting in any way the Content, or any portion of the Content, is strictly prohibited without the prior written permission of IDG. To request permission, you may contact Customer Service, TSG dept, IDG Communications, Inc, 5 Speen Street, Framingham, MA 01701
All software used on the Service is proprietary to us or to third parties, and except as specifically set forth herein, any use, redistribution, sale, decompilation, reverse engineering, disassembly, translation or other reduction of such software to human-readable form is prohibited.
Absolutely no framing of our site is permitted. You may participate in any blog comment or messaging threads that may be offered through the Service, but you agree not to post any material the content of which (i) is defamatory, libelous, obscene, indecent, abusive, threatening to others, or in violation of any law; or (ii) infringes the copyright, trademark right, or other intellectual property right of any third party. You will be solely responsible for all content that you post on the Service.
The Service provides access to certain white papers, analyst reports and other documents ("Reports"). You may access and download any Report as permitted by the Service only as required to view the Report on your web browser for your individual use, maintaining all copyright and other notices on the Report. You may print a single copy of the Report for your use. You may not republish or distribute any Report or use the Report, in any fashion that is not specifically permitted in this Agreement. Most Reports are owned by parties other than IDG, and may be subject to other notices and requirements accompanying the Report. You agree to comply with all such notices and requirements.
The Service does not provide Recommendations
The Service aims to provide useful publications and a forum for those interested in information technology and other matters related to technology. However, the Service does not provide specific recommendations for any particular situation or circumstances, even if materials cited on, identified by or obtained as a result of using the Service do so.
Links to Third Party Websites
The Service contains links to third-party websites. These sites are not under our control, and we are not responsible for the content of any linked site. We provide these links as a convenience only, and a link does not imply endorsement of, sponsorship of, or affiliation with the linked site by IDG.
IDG reserves the right, in its sole discretion, to restrict or block the access of any subscriber to the Service, or any section thereof.
Modifying, Monitoring Content
IDG reserves the right to monitor any content posted on the Service, and to modify or remove any messages or postings that it deems, in its sole discretion, to be abusive, defamatory, in violation of the copyright, trademark right, or other intellectual property right of any third party, or otherwise inappropriate for the Service. IDG also reserves the right to edit or modify any submissions in response to requests for feedback, Letters to the Editor, or other commentary. Notwithstanding the foregoing, IDG is not obligated to take any such actions, and will not be responsible or liable for content posted by any subscriber in any blog, message board, or other area within the Service.
You may not transfer, assign, sub-license, lend, or re-sell the rights granted under this agreement. Any use in violation of these limits shall constitute a violation of the terms of this agreement.
THE SERVICE AND ANY EXECUTABLE PROGRAMS, CONTENT AND OTHER MATERIALS PROVIDED THROUGH THE SERVICE ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, AND ALL EXPRESS OR IMPLIED WARRANTIES ARE HEREBY EXCLUDED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IDG DOES NOT WARRANT THAT THE SERVICE OR ANY MATERIALS OBTAINED THROUGH THE SERVICE ARE VIRUS-FREE. IF YOU DOWNLOAD EXECUTABLE PROGRAMS FROM THE SERVICE, THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF SUCH PROGRAMS IS ASSUMED BY YOU. IDG IS NOT RESPONSIBLE FOR THE ACCURACY OF OR ERRORS OR OMISSIONS IN ANY SUCH PROGRAMS, AND IDG DOES NOT WARRANT THAT THE OPERATION OF ANY SUCH PROGRAMS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS IN ANY SUCH PROGRAMS WILL BE CORRECTED. IDG DOES NOT WARRANT THAT THE CONTENT AVAILABLE ON THE SERVICE WILL BE ERROR-FREE.
IDG WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM LOST PROFITS OR REVENUE; LOSS OF USE OF OR RELIANCE ON THE SERVICE, INFORMATION PROVIDED OR OF ANY EXECUTABLE PROGRAMS; LOSS OF USE OF DATA OR EQUIPMENT; OR OTHER SIMILAR DAMAGES) ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE OR ANY EXECUTABLE PROGRAM OBTAINED THROUGH THE SERVICE, EVEN IF IDG HAS BEEN ADVISED OF THE LIKELIHOOD OF SUCH DAMAGES. IN NO EVENT SHALL IDG'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) RELATING TO THE SERVICE EXCEED $100.
SOME STATES DO NOT ALLOW EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
IDG may give notice to you through general posting on the Service, through postal notification, or through e-mail notification, in its sole discretion. You may give notice to IDG via e-mail at firstname.lastname@example.org, by postal mail to IDG Communications, Inc, 5 Speen Street, Framingham, MA 01701, or via facsimile to 508-820-8620 .
Any failure by IDG to enforce any provision of this Agreement shall not be construed as a continuing waiver of any rights under such provision. In the event that any portion of this Agreement is held unenforceable, the remaining provisions of the Agreement shall remain in full force and effect.
In the event you breach the terms of this license, or if, any claims are made against IDG and its affiliated companies, their employees, officers or directors, resulting from your actions, you shall be liable to IDG for all damages, costs, judgments, expenses (including reasonable attorney fees) which it incurs.
This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, as applied to contracts entered into and performed within Massachusetts. You agree to grant jurisdiction over yourself to the courts of Massachusetts and designate it as the forum for resolution of all disputes arising under this Agreement.
This Agreement states the entire agreement between the parties with respect to the Service, and all prior or contemporaneous agreements are merged herein and superseded hereby.
Last updated: March 17, 2009
Phil Muncaster reports on China and beyond