TERMS OF USE FOR DCVOICE.NET

Welcome to DCVoice.net. The following Terms of Use constitute an agreement between you and DCVoice.net, Inc. the operator of DCVoice.net (hereinafter "DCVoice.net"). The Terms of Use governs your use of DCVoice.net websites. By registering with DCVoice.net and using our sites, you are indicating that you have had an opportunity to review these Terms of Use, agree to these Terms of Use, including any modifications, and will abide by these Terms of Use, including any modifications. Any violation of these Terms of Use may subject you to certain penalties outlined below. We may modify these Terms of Use at any time without notice to you by posting revised Terms of Use on our sites.

Please be aware that some of the services offered by DCVoice.net may be subject to additional conditions. If this is the case, these conditions will be posted. By using these services, you are agreeing to accept those additional conditions. These additional conditions are incorporated into these Terms of Use by reference. If these Terms of Use are inconsistent with the additional conditions, the additional conditions shall control.

Certification of Status to Accept these Terms

By accepting these Terms of Use, you are certifying to DCVoice.net that you are:

1. 18 years of age or older

2. You and the appropriate company have read these Terms of Use and agree to follow their provisions, including any future modifications therein.

3. You are duly authorized to accept these Terms of Use and use DCVoice.net on behalf of yourself, company or principal and that you legally bind yourself, company or principal to binding contracts under applicable law.

Content on our sites

DCVoice.net is a site that is a result of content created by us, our partners and our users. All materials published or posted on our sites, including, but not limited to, written content, photographs, graphics, images, illustrations, marks, logos, sound or video clips, and Flash animation, may be protected by copyrights or trademarks owned by us, our partners or our users. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or content on our sites in whole or in part. If you would like to request permission to use any of the content on our sites, please contact us directly.

You are solely responsible for all materials you post, transmit, upload, email or otherwise make available on our site, whether or not such action is done publicly or privately. You certify that you own all intellectual property rights or have the authority to circulate materials you post, transmit, upload or email on our site. By choosing to post, transmit, upload, email or otherwise make available content on our site, you hereby agree to grant DCVoice.net, a worldwide, irrevocable, royalty-free, nonexclusive, sublicensable license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, distribute, and publish any content and subsequent versions of said content for the purposes of (i) displaying the content on our sites, (ii) distributing the content, either electronically or via other media, to users seeking to download or otherwise acquire it, and/or (iii) storing the content in a remote database for later use by DCVoice.net. This license shall apply to the distribution and the storage of the content in any form, medium, or technology now known or later developed.

In no way does DCVoice.net guarantee the accuracy, the integrity, or the quality of the content on our sites, and you may not rely on any of this content. Without limitation, DCVoice.net is not responsible for postings by users in the user opinion, message board, or feedback sections of our sites.

Given the nature and purpose of DCVoice.net, you may, at times, be exposed to content that you find offensive, indecent, objectionable or that is inaccurate. By accepting these Terms of Use, you are agreeing to bear all risks associated with using and viewing that content. DCVoice.net reserves the right, but not the obligation, to remove any content that may, in our sole discretion, violate these Terms of Use or that is otherwise objectionable.

Third-party sites, products, and Services

Our sites contain links to other Internet sites owned by third parties. DCVoice.net does not make any claims or warranties in regard to those sites. DCVoice.net has no control over sites we do not own and does not claim, in any way, responsibility for the content posted on those sites. By clicking on those links, you are opting to use of each of those sites, subject to their own conditions, if any. The inclusion of the sites on DCVoice.net is in no way to be construed as an endorsement of the third-party, its site or the content on that site.

DCVoice.net does not sell or license any products listed or advertised on our site. DCVoice.net affirmatively disclaims any responsibility or liability related to products listed or advertised on our site. Any correspondences, transactions or related activities with third parties are solely relationships between you and the third party. By accepting these Terms of Use, you are agreeing DCVoice.net will not be responsible or liable for loss, damage or other injury incurred resulting from dealings with third parties located through our site.

Privacy policy

All of the information that we collect from you is subject to our privacy policy. By accepting these Terms of Use you are agreeing to abide by our privacy policy. Our privacy policy is subject to change and may be viewed anytime.

Your conduct on our sites

You agree to provide use with current, correct and accurate information at anytime we request it from you. You agree to promptly update your registration information to keep it accurate, current, and complete. You are responsible for maintaining the confidentiality of your accounts and passwords. You agree not to allow anyone else to access our site through the use of your account. You agree to immediately notify us of any unauthorized use of your accounts or any other breach of security. You also agree to exit from your accounts at the end of each session. We will not be responsible for any loss or damage that may result if you fail to comply with these requirements. The technology and the software underlying DCVoice.net is the property of DCVoice.net and our partners. You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying DCVoice.net. You agree not to modify the software underlying DCVoice.net in any manner or form or to use modified versions of such software, including (without limitation) for the purpose of obtaining unauthorized access to our sites.

Without limiting the foregoing, you agree that you will not use our sites to take any of the following actions:

1. Defame, abuse, harass, stalk, threaten or otherwise violate the legal right of others;

2. Upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

3. Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

4. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through DCVoice.net or manipulate your presence on DCVoice.net sites;

5. Upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships;

6. Upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

7. Falsify or delete author attributions, legal or other proper notices or proprietary designations or labels of the origin of material;

8. Advertise or offer to sell, perform or distribute any product or service unless prior written consent is obtained from DCVoice.net;

9. Download any file that you know or reasonably should know cannot be legally obtained in such manner;

10. Transmit surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters;

11. Transmit (intentionally or unintentionally) files that contain viruses, corrupted files or any other similar software or programs that may damage or adversely affect the operation of another person’s computer, our sites or any other software, hardware or telecommunications equipment;

12. Intentionally or unintentionally violate any applicable local, state, national or international law or regulations;

13. Collect or store personal data about other users;

14. Restrict or inhibit any other user from using and enjoying any public area within our sites;

15. Interfere with or disrupt our sites, servers or networks and the sites, servers or networks of our partners. This includes but is not limited to taking action that imposes an unreasonable or disproportionate large load on our infrastructure or the infrastructure of our partners;

16. Engage in any illegal activities;

17. Use agents, robots, scripts, or spiders or any other automated means to access, monitor, or copy any part of our sites, except those automated means that have received prior written consent from DCVoice.net.

You agree to use our bulletin board services, chat areas, news groups, forums, communities and/or message or communication facilities only to send and receive messages and material that are germane to the specified subject area and do not otherwise violate these Terms of Use. DCVoice.net will be the ultimate moderator of the content posted on DCVoice.net. Should you violate any portion of these Terms of Use, DCVoice.net reserves the right, without prior notice to you, to automatically change, suspend or terminate the use your account at any time. These actions may include, but are not limited to, changing your username (if offensive, obscene or otherwise judged by DCVoice.net to be in bad taste), delete your posts from our sites, deny you access to our sites, or any combination of these options.

Use of our sites is subject to existing laws and legal process. Nothing contained in these Terms of Use shall limit our right to comply with governmental, court, and law-enforcement requests or requirements relating to your use of our sites.

Requests to remove certain content from our sites

If you believe that content you own has been copied and made accessible in a manner that violates your intellectual property rights, please contact us.

Indemnification

You hereby agree to indemnify, defend and hold DCVoice.net and all of our officers, directors, owners, employees, agents, information providers, affiliates, partners, and licensors harmless from and against any and all liability, losses, costs, injuries and expenses (including attorneys' fees) incurred in connection with any claim, including, but not limited to, claims for defamation, violation of rights of publicity and/or privacy, copyright infringement, or trademark infringement arising out of:

1. Your use of our sites;

2. Any use or alleged use of your accounts or your passwords by any person, whether or not authorized by you;

3. The content, the quality, or the performance of content that you submit to our sites;

4. Your connection to our sites;

5. Your violation of these Terms; or

6. Your violation of the rights of any other person or entity.

DCVoice.net reserves the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.

Disclaimers

DCVoice.net disclaims any responsibility for the deletion, the failure to store, the misdelivery, or the untimely delivery of any information or material. DCVoice.net disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet using search results from our sites. DCVoice.net disclaims any responsibility for, any service outages that are caused by our maintenance on the servers or the technology that underlies our sites, failures of our service providers (including telecommunications, hosting, and power providers), computer viruses, natural disasters or other destruction or damage of our facilities, acts of nature, war, civil disturbance, or any other cause beyond our reasonable control.

WE DO NOT WARRANT THAT OUR SITES WILL BE UNINTERRUPTED OR ERROR FREE. IN ADDITION, WE DO NOT MAKE ANY WARRANTY AS TO THE CONTENT ON OUR SITES. OUR SITES AND THEIR CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. ANY MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH OUR SITES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OF ANY SUCH MATERIAL. NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTY THAT (i) OUR SITES WILL MEET YOUR REQUIREMENTS, (ii) OUR SITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SITES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU PURCHASE OR OBTAIN THROUGH OUR SITES WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS WILL BE CORRECTED. NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR SITES, ANY CONTENT, OR ANY OF OUR SERVICES, TOOLS, PRODUCTS, OR PROPERTIES. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF OUR SITES AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT.

NEITHER WE NOR OUR PARTNERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE OUR SITES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THAT OF OUR THIRD-PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Forum Selection & Arbitration

By accepting these Terms of Use, you are agreeing to resolve any controversy and claims against DCVoice.net in binding arbitration under the rules of the American Arbitration Association. Such arbitration shall occur in Kane County, Illinois. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or DCVoice.net may seek any interim or preliminary relief from a court of competent jurisdiction in Kane County, Illinois necessary to protect the rights or the property of you or DCVoice.net, Inc. (or its agents, suppliers, and subcontractors), pending the completion of arbitration.

Miscellaneous

DCVoice.net may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on our sites or delivering them to you through e-mail. You may update your e-mail address at any time. If you do not provide DCVoice.net with accurate information, DCVoice.net cannot be held liable if DCVoice.net fails to notify you.

Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our sites or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

These Terms of Use, including all terms, conditions, and policies that are incorporated into these terms by reference, constitute the entire agreement between you and DCVoice.net and govern your use of our sites, superceding any prior agreements that you may have with DCVoice.net.

These Terms of Use shall be construed in accordance with the laws of the State of Illinois, and the parties irrevocably consent to bring any action to enforce these Terms of Use before an arbitration panel or before a court of competent jurisdiction in Kane County, Illinois if seeking interim or preliminary relief or enforcement of an arbitration award.

If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superceded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms of Use shall continue in effect.