Limitation of Liability
THE MATERIALS AT THIS SITE ARE PROVIDED AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL 89th.net OR ITS AGENTS OR OFFICERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, INJURY OR DEATH) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS, EVEN IF 89th.net HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.
89th.net respects the intellectual property of others.
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on this site, you may notify our copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (DMCA). For your complaint to be valid under the DMCA, you must provide the following information when providing notice of the claimed copyright infringement:
* A physical or electronic signature of a person authorized to act on behalf of the copyright owner Identification of the copyrighted work claimed to have been infringed
* Identification of the material that is claimed to be infringing or to be the subject of the infringing activity and that is to be removed
* Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address
* A statement that the complaining party in good faith believes that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law
* A statement that the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
The above information must be submitted as a written, faxed or emailed notification to the following Designated Agent:
WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNERS LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.
This information should not be construed as legal advice, for further details on the information required for valid DMCA notifications, see 17 U.S.C. 512(c)(3).
89th.net prohibits the use of their website and/or services in any manner associated with the transmission, distribution or delivery of any unsolicited bulk or unsolicited commercial e-mail (Spam). You may not use any 89th.net services to send Spam. You also may not deliver Spam or cause Spam to be delivered to any customers of 89th.net.
In compliance with the CAN-SPAM Act of 2003 (15 U.S.C. 7701, et seq., Public Law No. 108-187, was S.877 of the 108th United States Congress), e-mail sent, or caused to be sent, to or through the 89th.net website or service may not:
- use or contain invalid or forged headers;
- use or contain invalid or non-existent domain names;
- employ any technique to otherwise misrepresent, hide or obscure any information in identifying the point of origin or the transmission path;
- use other means of deceptive addressing;
- use a third partys internet domain name, or be relayed from or through a third partys equipment, without permission of the third party;
- contain false or misleading information in the subject line or otherwise contain false or misleading content;
- fail to comply with additional technical standards described below;
89th.net does not authorize the harvesting, mining or collection of e-mail addresses or other information from or through the website or its services. 89th.net does not permit or authorize others to use the 89th.net services to collect, compile or obtain any information about its customers or subscribers, including but not limited to subscriber e-mail addresses.
89th.net does not permit or authorize any attempt to use its services in a manner that could damage, disable, overburden or impair any aspect of any of the services, or that could interfere with any other parties use and enjoyment of any 89th.net service.
If 89th.net believes that unauthorized or improper use is being made of any service, it may, without notice, take such action as it, in its sole discretion, deems appropriate, including blocking messages from a particular internet domain, mail server or IP address. 89th.net may immediately terminate any account on any service which it determines, in its sole discretion, is transmitting or is otherwise connected with any e-mail that violates this policy.
Nothing in this policy is intended to grant any right to transmit or send e-mail to, or through, the 89th.net website and/or services. Failure to enforce this policy in every instance does not amount to a waiver of 89th.nets rights.
Unauthorized use of any 89th.net services in connection with the transmission of unsolicited e-mail, including the transmission of e-mail in violation of this policy, may result in civil, criminal, or administrative penalties against the sender and those assisting the sender.
Violators of the CAN SPAM Act may be subject to cease and desist orders or penalties from the FTC (Federal Trade Commission) of up to $11,000 per violation. Criminal prosecution is also possible in the case of egregious offenders, which can result in penalties such as fines, forfeiture of proceeds and equipment. The worst offenders can also be subject to prison time.
We are committed to keeping your e-mail address confidential. We do not sell, rent, or lease our subscription lists to third parties, and we will not provide your personal information to any third party individual, government agency, or company at any time unless compelled to do so by law.
We will use your e-mail address solely to provide timely information about 89th.net.
89th.net will maintain the information you send via e-mail in accordance with applicable federal law.
In compliance with the CAN-SPAM Act, all e-mail sent from our organization will clearly state who the e-mail is from and provide clear information on how to contact the sender. In addition, all e-mail messages will also contain concise information on how to remove yourself from our mailing list so that you receive no further e-mail communication from us.
Our site provides users the opportunity to opt-out of receiving communications from us and our partners by reading the unsubscribe instructions located at the bottom of any e-mail they receive from us at anytime.
Users who no longer wish to receive our newsletter or promotional materials may opt-out of receiving these communications by clicking on the unsubscribe link in the e-mail or e-mail us from our contact page.
If you have any additional questions, please contact us.
External Links Policy
The 89th.net web site may contain links to many other web sites. 89th.net cannot guarantee the accuracy of information found at any linked site. Links to or from external web sites sites not owned or controlled by 89th.net does not constitute an endorsement by 89th.net or any of its employees of the sponsors of these sites or the products or information presented there.
When accessing this Website, 89th.net will learn certain information about you during your visit.
Similar to other commercial Web sites, our Web site utilizes a standard technology called cookies (see explanation below, What Are Cookies?) and Web server logs to collect information about how our Web site is used. Information gathered through cookies and Web server logs may include the date and time of visits, the pages viewed, time spent at our Web site, and the Web sites visited just before and just after our Web site, your IP address.
What Are Cookies?
A cookie is a very small text document, which often includes an anonymous unique identifier. When you visit a Web site, that sites computer asks your computer for permission to store this file in a part of your hard drive specifically designated for cookies. Each Web site can send its own cookie to your browser if your browsers preferences allow it, but (to protect your privacy) your browser only permits a Web site to access the cookies it has already sent to you, not the cookies sent to you by other sites.
IP addresses are used by your computer every time you are connected to the Internet. Your IP address is a number that is used by computers on the network to identify your computer. IP addresses are automatically collected by our web server as part of demographic and profile data known as traffic data so that data (such as the Web pages you request) can be sent to you.
If you choose to correspond with us through email, we may retain the content of your email messages together with your email address and our responses. We provide the same protections for these electronic communications that we employ in the maintenance of information received online, mail and telephone.
How Do We Use the Information That You Provide to Us?
Broadly speaking, we use personal information for purposes of administering our business activities, providing customer service and making available other items and services to our customers and prospective customers.
89th.net will not obtain personally-identifying information about you when you visit our site, unless you choose to provide such information to us, nor will such information be sold or otherwise transferred to unaffiliated third parties without the approval of the user at the time of collection.
We may disclose information when legally compelled to do so, in other words, when we, in good faith, believe that the law requires it or for the protection of our legal rights.
A Special Note About Children
Children are not eligible to use our web site and services and we ask that minors (under the age of 13) do not submit any personal information to us. If you are a minor, you can use this site only in conjunction with permission and guidance from your parents or guardians.
How Do We Protect Your Information and Secure Information Transmissions?
Email is not recognized as a secure medium of communication. For this reason, we request that you do not send private information to us by email. However, doing so is allowed, but at your own risk. Some of the information you may enter on our Web site may be transmitted securely via a secure medium known as Secure Sockets Layer, or SSL. Credit Card information is never transmitted via email.
89th.net may use software programs to create summary statistics, which are used for such purposes as assessing the number of visitors to the different sections of our site, what information is of most and least interest, determining technical design specifications, and identifying system performance or problem areas.
For site security purposes and to ensure that this service remains available to all users, 89th.net uses software programs to monitor network traffic to identify unauthorized attempts to upload or change information, or otherwise cause damage.
We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.
If you have any questions regarding this Policy, or your dealings with our web site, please contact us.
Intellectual Property Rights
All copyrights, trademarks, patents and other intellectual property rights in and on our website and all content and software located on the site shall remain the sole property of 89th.net or its licencors. The use of our trademarks, content and intellectual property is forbidden without the express written consent from 89th.net.
You must not:
- Republish material from our website without prior written consent.
- Sell or rent material from our website.
- Reproduce, duplicate, create derivative, copy or otherwise exploit material on our website for any purpose.
- Redistribute any content from our website, including onto another website.
You agree to use our website only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone elses use and enjoyment of the website. Prohibited behavior includes harassing or causing distress or inconvenience to any other user, transmitting obscene or offensive content or disrupting the normal flow of dialogue within our website.
You must not use our website to send unsolicited commercial communications. You must not use the content on our website for any marketing related purpose without our express written consent.
We may in the future need to restrict access to parts (or all) of our website and reserve full rights to do so. If, at any point, we provide you with a username and password for you to access restricted areas of our website, you must ensure that both your username and password are kept confidential.
89th.net may change these terms from time to time and so you should check these terms regularly. Your continued use of our website will be deemed acceptance of the updated or amended terms. If you do not agree to the changes, you should cease using our website immediately.
If any of these terms are determined to be illegal, invalid or otherwise unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive and continue to be binding and enforceable.
Limitation of Liability
THE MATERIALS AT THIS SITE ARE PROVIDED AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NON INFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL 89th.net OR ITS AGENTS OR OFFICERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, INJURY OR DEATH) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS, EVEN IF 89th.net HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.