Except as otherwise provided herein, all content on the Site and available through the Service, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement, are the proprietary property of Saipan DataCom or its licensees. No content on the Site may be republished, distributed, used to prepare derivative works, or otherwise used except as explicitly permitted herein.
The foregoing does not apply to your own or any third-party Customer Content that is legally posted on the Site or on any Public Site. In addition, you have permission to access and use the Site and the content on the Site, and to download or print a copy of any portion of the content of the Site solely for your personal, non-commercial use, provided that you keep any and all copyright or other proprietary notices intact.
All Saipan DataCom marks, graphics, logos, page headers, button icons, scripts or designs on the Site are Saipan DataCom service marks, trademarks, and trade dress and are the sole and exclusive property of Saipan DataCom. These service marks, trademarks, and trade dress may not be used in any manner that is likely to cause confusion, to cause mistake, or to deceive.
Third Party Web Sites and Content
The Site may contain links to other web sites or access to third party content. Saipan DataCom does not control, endorse, or guarantee content found on these third party sites, and Saipan DataCom is not responsible for any third party sites or content contained therein. A link to a third party web site does not imply approval or endorsement of that site by Saipan DataCom. Saipan DataCom shall not be liable for any loss or damage associated with your use of third party content.
Disclaimer of Warranties. YOU AGREE THAT THE USE OF THE SERVICE OR VISITATION OF THIS SITE IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT THE SERVICE AND CONTENT ON THIS WEB SITE ARE PROVIDED ON AN "AS IS," AND "AS AVAILABLE" BASIS, EXCEPT AS OTHERWISE NOTED IN THIS AGREEMENT. SAIPAN DATACOM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SAIPAN DATACOM DOES NOT MAKE ANY WARRANTY THAT THIS SITE OR THE SERVICE PROVIDED HEREUNDER WILL MEET YOUR REQUIREMENTS, OR THAT YOUR USE OF THIS SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES SAIPAN DATACOM MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEB SITE OR THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THIS WEB SITE OR THE SERVICE. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS WEB SITE OR THE SERVICE INCLUDING, BUT NOT LIMITED TO, ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEB SITE OR THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA INCLUDING, BUT NOT LIMITED TO YOUR CUSTOMER CONTENT, THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA OR YOUR USE OF THIS WEB SITE OR THE SERVICE. SAIPAN DATACOM MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THIS SITE, THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THIS SITE OR THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SAIPAN DATACOM OR THROUGH THIS SITE OR THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN, AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY. SAIPAN DATACOM IS NOT RESPONSIBLE FOR AND SHALL HAVE NO LIABILITY WITH RESPECT TO ANY PRODUCTS AND/OR SERVICES OFFERED TO OR PURCHASED FROM A THIRD PARTY BY YOU.
The following is a non-exclusive list of actions that are not permitted:
i. the uploading, posting or otherwise transmitting of any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
ii. impersonating any person or entity, including, but not limited to, a Saipan DataCom official, forum leader, guide or host, or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
iii. the uploading, posting or other transmittal of any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
iv. the uploading, posting or other transmittal of any content that infringes upon or otherwise violate any patent, trademark, trade secret, copyright or other proprietary rights of any party or third party;
v. the uploading, posting or other transmittal of any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
vi. the uploading, posting or other transmittal of any content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy, degrade, divert, or limit the functionality of any computer software or hardware or telecommunications equipment;
vii. intentionally or unintentionally violating any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
viii. "stalking" or otherwise harassing another;
ix. promoting or providing instructional information about illegal activities, promoting physical harm or injury against any group or individual, or promoting any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons;
x. exporting software or technical information in violation of U.S. export control laws;
xi. attempting to access the accounts of others, or attempting to penetrate security measures of Saipan DataCom or other entities' systems ("hacking"), whether or not the intrusion results in corruption or loss of data; and
xii. sending of the same or substantially similar unsolicited electronic mail message, whether commercial or not, to a large number of recipients. This prohibition extends to the sending of unsolicited mass mailings from another service that in any way implicates the use of Saipan DataCom, the Service, Saipan DataCom's equipment or any Saipan DataCom's electronic mail address.
Statute of Limitations.