Terms of Use

Macrolevel, Inc. - Terms of Use Updated: September 1, 2006 - 3:00 p.m. Eastern Time Please review the following Terms of Use carefully. They are a legally binding contract ("Contract") between you ("You" or "Your") and Macrolevel, Inc. ("Macrolevel", "We", "Our" or "Us") regarding Your access to and use of Macrolevel's services defined below, whether via its Internet website (the "Site") telephone, email, or other designated means. By accessing the Service defined below, You agree to these Terms of Use. It is Your obligation to review periodically these Terms of Use and Your continued use of the Service following any such change (whether or not You have reviewed such change) constitutes Your agreement to follow and be bound by the Terms of Use as changed. Acceptance of Terms of Use Macrolevel, Inc. makes this Web Site, located at http://www.macrolevel.com, including all information, graphics, documents, text, products and all other elements of the Site and all products offered on this Site and services operated through the Site, available for your use subject to the terms and conditions set forth in this document ("Terms of Use"). By accessing and using this Web Site, use of any Macrolevel services, downloading any Products and/or information, or browsing the Web Site, you agree to be bound by the following Terms of Use and all terms and conditions contained and/or referenced herein or any additional terms and conditions set forth on this Web Site and all such terms shall be deemed accepted by you. Specific terms and conditions may apply to specific content, products, materials, services or information contained on or available through this Web Site. Such specific terms may be in addition to these Terms of Use or, where inconsistent with these Terms of Use, only to the extent the content or intent of such specific terms is inconsistent with these Terms of Use, such specific terms will supersede these Terms of Use. If you do not agree to all these Terms of Use, you should not use/browse this Web Site, use any services provided through this Web site, or review/download any information from it. These Terms of Use may be corrected and/or changed by Macrolevel at any time, and such amended Terms of Use shall be effective upon posting on this Web Site. We reserves the right to terminate or restrict access to the Web Site for any reason whatsoever at its sole discretion. Warranties and disclaimers Although care has been taken to ensure the accuracy of the information on this Web Site, Macrolevel assumes no responsibility therefor. All content on this Web site, content of all documents, pictures and files is provided "As Is" and "As available". Macrolevel hereby disclaims any direct and indirect representations or warranties of any kind, including without limitation warranties of merchantability, fithess for any particular purpose, non-infrigement, or as to operation of this Web site or the content. Also Macrolevel does not warrant that Web site or servers which make this site and services on it available all the time and communications sent by Macrolevel are free from viruses or any other threats. The use of the services or the downloading or other use of any products through the site is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system, loss of data, or other harm that results from such activities. No advice or information whether oral or written, obtained by you from any Macrolevel employee personally or from the Web Site shall create any warranty not expressly stated in the Terms of Use. Macrolevel warrants that the service will be performed in a good and workmanlike manner consistent with practices employed by persons knowledgeable in technical support. Macrolevel's liability for breach of this warranty shall be, at Macrolevel's sole discretion and opinion, to perform the service, or refund the charges and fees paid for the service. Macrolevel shall be not responsible if Your use of our service results in the need for additional servicing, replacing equipment, new software installations or any additional related procedures, and it will be at Your own expence. The services are provided "As Is" and "As available", and all warranties, express or implied, are disclaimed, including but not limited to, any implied warranties of merchantability, quiet enjoyment, non-infringement and fitness for a particular purpose. Also, Macrolevel is not responsible for damage ot loss caused by the service. Limitation of Liability In no event shall Macrolevel or any of its affiliates be liable for any direct, indirect, consequential, punitive, special or incidential damages (including, but no limited to damages for business interruption, loss of business, loss of profits, contract, property, revenue, data or information), under any theory of liability, resulting from, arising out of or in connection with the use of, or inability to use the content of this Web site, any of services, products and information, any unatorized access to or alteration of your transmission or data, any information that it sent or recieved, or not sent or recieved, any failure to imput any information or store data, any loss or damage of any data, content, information and/or files, located on our Website or server(s), loss or interruption of any services available through the site that are delayed or interrupted, even if Macrolevel has been advised of possibility of such damage(s). The foregoing limitations of liability shall apply notwithstanding any failure of essential purpose of any limited remedy stated herein. Macrolevel's liability to Client or any third party arising out of or related to this Contract however caused and arising under any theory of liability, whether based in contract, tort (including negligence), or otherwise shall not exceed in aggregate the Client Fees paid by Client for the Software or service. Some states do not allow the limitation or exclusion of liability for incudental or consequential damages so above limitation or exclusion may not apply. Description of Services and information Through its network of Web properties, Macrolevel provides you with access to a variety of resources, including download areas, discussion board and product and services information. This information is subject to the Terms of Use. Unless otherwise specified, all information on this site is for your personal and non-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 Web site and data, located on it. As a condition of your use of information and services mentioned above, you will not use them for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use them in any way that could damage, disable, overburden, impair or interrupt any of our workstations, servers, or the network(s) connected to any Macrolevel's server, or processes started. You may not attempt to gain unauthorized access to any personal or corporate information , services, user and other accounts, computer systems or networks connected to any Macrolevel's server aor available through Web site, 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 regular way and published on user-awailable pages. User accounts If any of the Services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Macrolevel immediately of any unauthorized use of your account or any other breach of security. Macrolevel will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Macrolevel or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder. You agree that you will be not allowed to create a false identity for the purpose of misleading others. Information provided by users Any material or information sent through or in connection with this Web Site by you ("User Materials") will be treated as non-confidential and non-proprietary, and immediately become the property of Macrolevel, Inc., subject to any privacy policies posted on this Web Site. Macrolevel may use such User Materials as it deems fit, anywhere in the world, without obligation for compensation, and free of any moral rights, intellectual property rights and/or other proprietary rights in or to such User Materials. Intellectual Property Copyright, trademark and all other proprietary rights in the content ("Content", including but not limited to software, services, audio, video, text and photographs) rests with Macrolevel. All rights in the Content not expressly granted herein are reserved. You agree not to download, transmit, copy, modify, republish, frame, rent, lease, loan, sell, assign, distribute, license/sublicense, reverse engineer, or create derivative works based on the Site, its Products or its Services except as expressly authorized herein. Except as otherwise provided, the Content published on this Web Site may be reproduced or distributed in unmodified form for personal non-commercial use only. Any other use of the Content, including without limitation distribution, reproduction, modification, display or transmission without the prior written consent of Macrolevel is strictly prohibited. All copyright and other proprietary notices shall be retained on all reproductions. This web site may contain trademarks, service marks, trade names and logos of third parties. Macrolevel uses them solely to describe the functionality of its products and provide accurate information about the use of the products. Macrolevel hereby disclaims any rights to trademarks, service marks, trade names, logos, copyright, patents, domain names or other intellectual property interests of third parties. All intellectual property interests of third parties listed above are the properties of their respective owners. Macrolevel disclaims any proprietary interests in the intellectual property rights other than their own. Notices regarding documents, software and services Permission to use documents (such as press releases, white papers, datasheets and FAQs, "Documents"), published on the web site in any electronic media format such as Adobe PDF, from the Services is granted, provided that: - no modifications of any Documents are made - use of such Documents is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media - the below copyrights appears in all copies To use Documents for any other educational purpose(s) requires express written permission from Macrolevel. Use for any other purpose is expressly prohibited by law. All such documents and graphics. Web pages content, the documents and related graphisc and files, published on the Web Site or sent to you as Mail, eMails, messages of any kind are provided "As Is" without warranty of any kind and could include technical inaccuracies or typographical errors. Changes and corrections are periodically added to the information herein. Software made available for downloading from or through this Web Site is licensed subject to the terms of the applicable end user license agreement. Both the Software and any accompanying documentation made available through this Web Site is the copyrighted work of Macrolevel, Inc. or third party companies. Except as set forth in the applicable end user license agreement, the software is made available for use by end users only and any further copying, reproduction or redistribution of the software is expressly prohibited. You must agree to the terms of the applicable end user license agreement to download or order software or services from this Web Site. You may not use, copy, republish, frame, emulate, clone, download, transmit, rent, lease, loan, sell, assign, modify, distribute, license, sublicense, decompile, disassemble, create a derivative work otherwise reverse engineer, or transfer the licensed program, or any subset of the Web Site, its Products or Services, except as expressly authorized herein or in the applicable end user license agreement. Any such unauthorized use shall result in immediate and automatic termination of this license and may result in criminal and/or civil prosecution. You may not use Our services or servers in any manner, which infringes the intellectual property rights or other proprietary rights of any third party including, without limitation, material protected by copyright, trademark, patent, trade secret, or other intellectual property right used without proper authorization. Infringement may result from, among other activities, the unauthorized copying and posting of pictures, logos, software, articles, musical works, and videos. In compliance with the Digital Millennium Copyright Act (“DMCA”), please send DMCA notifications of claimed copyright infringements to: Macrolevel, Inc. 48-38 41st Street #2F Sunnyside, NY 11104 You may not offer or disseminate fraudulent goods, services, schemes, or promotions (i.e., make money fast schemes, chain letters, pyramid schemes, ponzi schemes), or furnish false data on any signup form, contract or online application or registration, or fraudulently use any information obtained through the use ofMacrolevel's servers or services, including without limitation use of credit card numbers. You may not use Macrolevel's hosting or other services or servers for disseminating or hosting harmful content including, without limitation, viruses, Trojan horses, worms, time bombs, cancel bots or any other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, program, data or personal information. You may not use Macrolevel's services or servers for any tortuous conduct, including, but limited to, posting defamatory, libelous, slanderous, scandalous, or private information about a person or company without their consent; intentionally inflicting emotional distress; making unlawful threats; stalking, interfering with any contract or prospective economic relations; engaging in fraud or deception; engaging in sexual or other harassment; or for violating any patents, trademarks, copyrights, or other intellectual property rights. You may not use Macrolevel's services or servers for any abusive activities on the Internet, including, but not limited to, activities such as using a non-existent email return address, spamming, or allowing spamming by third parties to promote a website, trolling, mail-bombing, subscribing someone else to a mailing list without that person's permission, cross-posting articles to an excessive number of newsgroups, hacking, spoofing; forging or altering any TCP-IP packet header, email header or any part of a message header, using manual or electronic means to avoid any use limitations on your use of Macrolevel's servers such as timing out; sending or disseminating harassing email or chain letters; or use of flames. You may not engage in any uses or activities that misuse Macrolevel's services, servers or system resources, including, but not limited to, employing or posting programs which consume excessive CPU time or storage space; permitting use of mail services, mail forwarding capabilities, POP accounts, or auto responders other than for your own account; or resale of access to CGI scripts installed on Macrolevel's servers. Without limiting the foregoing, Macrolevel makes no warranty that: the services and products will meet your requirements; the services and products will be uninterrupted, timely, secure, or error-free; the results that may be obtained from the use of the services or materials will be effective, accurate, or reliable; the quality of any services or products purchased or accessible by you through the site will meet your expectations; any errors in the software obtained from or used through the site, or any defects in the site, its services or products, will be corrected. We reserve the right to modify, suspend or discontinue all or any portion of the Web site or any service at any time, with or without notice. Unless stated otherwise, any new features to the service shall be subject to these Terms of Use. Certain portions of the Web site are accessible to users without charge, basically only registration required, however We reserve the right to charge users for access to or use of any portion of the Web site in the future. Offensive Subject Matter You may not use Macrolevel's services (including, but not limited to Hosting services) or servers for transmitting, disseminating, sale, storage or hosting subject matter that is unlawful, libelous, defamatory, obscene, scandalous, pornographic, indecent, lewd, filthy, excessively violent, harassing, threatening, hateful, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable. You may not use Macrolevel services or servers to conduct any sexually oriented business or disseminate pornographic pictures, videos, banners, text or any similar material. You may not use Macrolevel's services or servers to threaten bodily harm or destruction of property. Links to the Web site or to other sites Many pages or advertisements (banners) on Macrolevel.com Web site contains for your convenience hypertext links to third party websites, located on different sites and servers in Internet. The links may let you leave Macrolevel.com Web site. These Web sites are not necessarily under the control of Macrolevel and we shall have no responsibilities whatsoever for their content or any link contained in a linked site, or any changes or updates to such site(s). If You decide to access any of the third party sites linked to this Site, You do so entirely at Your own risk. Linking to the Web Site is permitted provided that you comply with the following rules. You may link to the home page of the Web Site or to any other page of the Web Site. However you are not allowed to use in-line linking or framing. You must not imply that Macrolevel endorses or sponsors the linker or its site, products or services. You must not use our intellectual property including but not limited to trademarks, trade name, copyright without advance written permission from Macrolevel. Furthermore, you agree to remove the link at any time upon our request. Notices regarding Discussion Board A Discussion Board (Forums) is available on this Web Site for public comment by customers and visitors alike. Any notes, postings, ideas, suggestions, concepts, or other material submitted through this feature will become the property of Macrolevel and Macrolevel shall be entitled to use such material for any type of use forever, including in any media whether now known or hereafter devised. Information that you provide while making entries in the Discussion Board is available for all to see, except the areas with restricted access. Discretion should be used in entering personally identifiable information within such forums, as it may be collected by third parties. Use of personally identifiable information contained in the Discussion Board, and your options regarding our use of this information, is contained in our Privacy Policy. You agree to use the Discussion Board only to post, send and receive messages and material that are proper and, when applicable, related to the particular pre-defined Forums. By way of example, and not as a limitation, you agree that when using the Discussion Board, you will not: - Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information - Upload files which may contain viruses, worms, trojan horses, corrupted files or other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunication or any other property of another - Upload copyrighted files includes photos, pictures, videos, MP3, OGG, WMA or other digital media format files - Upload any other copyrighted and/or licensed content, including, but not limited to programs, texts, program code - Advertise or offer to sell or buy any goods, information or services for any business purpose, unless such Forum specifically allows such messages and functionality - Download any file posted by another user of a Discussion Board that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner - Falsify or delete any copyright management information, such as 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 disrupts the normal flow of dialogue or otherwise act in a way which affects the ability of other people to engage in real time activities via Web site - Violate any applicable laws or regulations - Abuse, harass, defame, stalk, threaten or otherwise violate the legal rights of other users, including collection of information about others (names, adresses, e-mails, etc.) Macrolevel has no obligation to monitor the content of themes, postings, polls, comments and messages in Discussion Board. However, We reserves the right to review materials posted and to remove any materials in its sole discretion. Macrolevel reserves the right to delete any message submitted to the Discussion Board, at its sole discretion, at any time and for any reason. We reserves the right to terminate your access to Discussion board at any time, without notice, for any reason whatsoever. Miscellaneous This Terms of Use constitutes the entire agreement between You and Macrolevel with respect to the Site and Service, as applicable. If any provision of this Terms of Use is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of the Terms, which shall remain in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only. You acknowledge that you have read these terms of use, understand them, and agree to be bound by them, You further agree that this is the complete and exclusive statement of the agreement between you and Macrolevel which supersedes any proposed pr prior agreement, oral or written, electronic or otherwise, and any other communications between you and Macrolevel relating to your use of the Web site and Service, as applicable. Copyrights Copyright © 2005-2008 Macrolevel, Inc. Macrolevel, Inc. 48-38 41st Street #2F Sunnyside, NY 11104 New York, U.S.A. All rights reserved.