Terms of Use Concerning

X-TIER.COM

Our Terms of Use Statement describes the conditions and policies which you agree to by the use of our site.

AGREEMENT BETWEEN USER AND X-TIER
MODIFICATION OF THESE TERMS OF USE

X-TIER reserves the right to change the terms, conditions, and notices under which all X-TIER Sites/Services are offered, including but not limited to the charges associated with the use of the X-TIER Sites/Services. You are responsible for regularly reviewing these terms and conditions and additional terms posted on particular websites. Your continued use of the X-TIER Sites/Services constitutes your agreement to all such terms, conditions, and notices.

PERSONAL AND COMMERCIAL USE LIMITATION

Unless otherwise specified, the X-TIER Sites/Services are for your personal and/or commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the X-TIER Sites/Services.

LINKS TO THIRD PARTY SITES

The X-TIER Sites/Services may contain links to third party Web sites ("Linked Sites"). The Linked Sites are not under the control of X-TIER and X-TIER is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. X-TIER is not responsible for webcasting or any other form of transmission received from any Linked Site nor is X-TIER responsible if the Linked Site is not working appropriately. X-TIER is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by X-TIER of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites.

Any dealings with third parties (including advertisers) included within the X-TIER Sites/Services or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. X-TIER shall not be responsible or liable for any part of any such dealings or promotions.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the X-TIER Sites/Services, you will not use the X-TIER Sites/Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the X-TIER Sites/Services in any manner which could damage, disable, overburden, or impair any X-TIER Site/Service(s) (or the network(s) connected to any X-TIER Site/Service(s)) or interfere with any other party's use and enjoyment of any X-TIER Site/Service(s). You may not attempt to gain unauthorized access to any X-TIER Site/Service, other accounts, computer systems or networks connected to any X-TIER Site/Service, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the X-TIER Sites/Services.

USE OF SERVICES

The X-TIER Sites/Services may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
• Use the Communication Service in connection with surveys, contests, pyramid schemes, chain letters, junk email, pornography, sexually explicit adult materials whether text or image, spamming or any duplicative or unsolicited messages (commercial or otherwise).
• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
• Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents to do the same.
• Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
• Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
• Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
• Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
• Restrict or inhibit any other user from using and enjoying the Communication Services.
• Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
• Harvest or otherwise collect information about others, including e-mail addresses.
• Violate any applicable laws or regulations.
• Create a false identity for the purpose of misleading others.
• Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of an X-TIER Site/Service(s) or other user or usage information or any portion thereof.

X-TIER has no obligation to monitor the Communication Services. However, X-TIER reserves the right to review materials posted to or relayed through a Communication Service and to remove any materials in its sole discretion. X-TIER reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.

X-TIER reserves the right at all times to disclose any information as X-TIER deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in X-TIER's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. X-TIER does not control or endorse the content, messages or information found in any Communication Service and, therefore, X-TIER specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized X-TIER spokespersons, and their views do not necessarily reflect those of X-TIER.

Materials uploaded to or relayed through a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination, you are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO X-TIER OR POSTED AT ANY X-TIER WEB SITE

X-TIER does not claim ownership of the communications or materials you provide to X-TIER's systems (including feedback and suggestions) or post, upload, send, receive, input or submit to any X-TIER Site/Service or its associated services for review by the general public (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, sending, receiving, providing or submitting your Submission you are granting X-TIER, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. X-TIER is under no obligation to post or use any Submission you may provide and X-TIER may remove any Submission at any time in its sole discretion.

By posting, uploading, inputting, providing or submitting any electronic file or information you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE X-TIER SITES/SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE X-TIER SITES/SERVICES AND TO THE INFORMATION THEREIN. X-TIER AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE X-TIER SITES/SERVICES AT ANY TIME. ADVICE RECEIVED VIA THE X-TIER SITES/SERVICES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

X-TIER CORPORATION AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE X-TIER SITES/SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. X-TIER AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.

YOU SPECIFICALLY AGREE THAT X-TIER SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH AN X-TIER SITE/SERVICE. YOU SPECIFICALLY AGREE THAT X-TIER IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT X-TIER IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN AN X-TIER SITE/SERVICE BY ANY THIRD PARTY.

IN NO EVENT SHALL X-TIER AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE X-TIER SITES/SERVICES, WITH THE DELAY OR INABILITY TO USE THE X-TIER SITES/SERVICES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE X-TIER SITES/SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE X-TIER SITES/SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF X-TIER OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE X-TIER SITES/SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE X-TIER SITES/SERVICES.
GENERAL TERMS REGARDING USE AND STORAGE

You agree that X-TIER may establish limits concerning use of any service offered on an X-TIER Website, including without limitation, the maximum number of days that e-mail messages will be retained by the service, the maximum number of e-mail messages that may be sent from or received by an account on the service, the maximum size of an e-mail message that may be sent from or received by an account on the service, the maximum disk space that will be allotted on X-TIER's servers on your behalf, and the maximum number of times and duration you may access the service in a given period of time. You agree that X-TIER has no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by the service. You acknowledge that X-TIER reserves the right to delete accounts that are inactive for an extended period of time.
X-TIER MAKES NO WARRANTY THAT ANY SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.

SERVICE CONTACT: info@X-TIER.com

TERMINATION/ACCESS RESTRICTION

X-TIER reserves the right, in its sole discretion, to terminate your access to any or all X-TIER Sites/Services and the related services or any portion thereof at any time, without notice.
X-TIER may also terminate or suspend your access to X-TIER Site/Service(s) for inactivity, which is defined as failing to log into a particular service for an extended period of time, as determined by X-TIER. The amount of time that X-TIER currently considers as an "extended" period of time may be viewed in the FAQ relating to the articular service. Upon termination of the X-TIER Site/Service, your right to use the X-TIER Site/Service immediately ceases.

X-TIER shall have no obligation to maintain any content or to forward any unread or unsent messages to you or any third party.

NO SPAM; DAMAGES

X-TIER will immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any pornography, adult explicit sexual material, spam r other unsolicited bulk email. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated then you agree to pay X-TIER liquidated damages of $5 (US Currency) for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your account, otherwise you agree to pay X-TIER's actual damages, to the extent such actual damages can be reasonably calculated.

LANGUAGE

It is the express will of the parties that this agreement and all related documents have been drawn up in English. C'est la volonté expresse es parties que la présente convention ainsi que les documents qui s'y rattachent soient rédigés en anglais.

GENERAL

This agreement is governed by the laws of the State of Missouri, U.S.A. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Jackson County, Missouri, U.S.A. in all disputes arising out of or relating to the use of the X-TIER Sites/Services. Use of the X-TIER Sites/Services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and X-TIER as a result of this agreement or use of the X-TIER Sites/Services. You agree to indemnify and hold X-TIER, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the X-TIER Sites/Services. X-TIER reserves the right to disclose any personal information about you or your use of the X-TIER Sites/Services, including its contents, without your prior permission if X-TIER has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of X-TIER or its affiliated companies; (3) enforce the terms or use; or (4) act to protect the interests of its members or others. X-TIER's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of X-TIER's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the X-TIER Sites/Services or information provided to or gathered by X-TIER with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and X-TIER with respect to the X-TIER Sites/Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and X-TIER with respect to the X-TIER Sites/Services. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

COPYRIGHT AND TRADEMARK NOTICES:

All content of the X-TIER Web Site is: Copyright © 2006 X-TIER Corporation and/or its suppliers,

EVE(tm) is copyright by X-tier SAE Corporation aAll rights reserved.

TRADEMARKS. X-TIER, EVE and/or other X-TIER products referenced herein are either trademarks or registered trademarks of X-TIER. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.

FOR INFORMATION REGARDING THE X-TIER.COM PRIVACY STATEMENT SEE HERE.
http://www.X-TIER.com/cgi-bin/apprtr.asp?p=terms/privy.html

LIABILITY DISCLAIMER

X-TIER AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON OR OBTAINED THROUGH THE X-TIER WEB-BASED SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. X-TIER AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

IN NO EVENT SHALL X-TIER AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF X-TIER WEB-BASED SERVICES INCUDING EMAIL. THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, OR SERVICES OBTAINED THROUGH X-TIER WEB-BASED SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE X-TIER WEB-BASED SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF X-TIER OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE X-TIER WEB-BASED SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE X-TIER WEB-BASED SERVICES.