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TERMS OF USE
Welcome to this web site ("Site"), which is owned and operated by Saipan DataCom, Inc. ("Saipan DataCom", "we", or "us"). By accessing or using the Site, you signify that you have read, understand, and agree to be bound by these Site Terms of Use ("Terms of Use"), whether or not you are a registered customer of Saipan DataCom or have registered for a .MP Domain Name. All terms used herein are defined in one or more of the following agreements: the .MP DOMAIN NAME SUNRISE REGISTRATION AND SERVICE AGREEMENT, the general .MP DOMAIN NAME REGISTRATION AND SERVICE AGREEMENT, and the CHI.MP SERVICES ADDENDUM ("the Registration Agreements)
1. Site Content
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.
2. Customer Content
Saipan DataCom takes no responsibility for any Customer Content or any third-party content located on any Public Site and/or posted via the CHI.MP Service, nor does Saipan DataCom have any obligation to monitor such content. Saipan Datacom does not endorse, support, monitor, represent or guarantee the truthfulness, accuracy, or reliability of any third-party content or communications posted on any Public Site or endorse any opinions expressed by such third parties. You acknowledge that any reliance on material posted on any Public Site and/or posted via the CHI.MP Service will be at your own risk.
3. Copyright Information
Except for Customer Content, the Site and the content within the Site are the property of Saipan DataCom and are protected by United States copyright laws and international treaty provisions. The compilation and organization of information and data on the Site, as well as software and inventions used on and in connection with this Site, are the exclusive property of Saipan DataCom or its licensees. Saipan DataCom reserves all rights in the Site not specifically granted in any agreements with Saipan DataCom or in these Site Terms of Use.
4. Trademark Information
CHI.MP is a trademark of Saipan DataCom, and may now or in the future be registered in the United States and/or other countries. Except for Customer Content, 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.
5. Copyright Complaints
Saipan DataCom respects the intellectual property rights of others and prohibits users from uploading, posting, or otherwise transmitting on their Public Sites any materials that violate another party's intellectual property rights. When we receive proper notification, as defined under the Digital Millennium Copyright Act ("DMCA"), of an alleged copyright infringement, we promptly remove or disable access to the allegedly infringing material.
Saipan DataCom's Copyright Agent for notification of claimed infringement can be reached as follows:
Saipan DataCom's Copyright Agent for notification of claimed infringement can be reached as follows:
Copyright Agent
Saipan DataCom, Inc. PO Box 504053
Saipan, MP 96950 Northern Mariana Islands
Phone: 808-733-1313 Fax: 808-733-1857 e-mail: support@get.mp
To be effective, notification must be a written communication sent to Saipan DataCom's Copyright Agent, and the communication must contain substantially the following:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right
that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at
a single online site are covered by a single notification, a representative list of such works at that site.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit
the service provider to locate the material.
4. 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 at which the complaining party
may be contacted.
5. A statement that the complaining party has a good faith belief that use of the material in the manner
complained of is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the
complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
6. Repeat Infringer Policy
In accordance with the DMCA and other applicable law, Saipan DataCom has adopted a policy of terminating, in appropriate circumstances and at Saipan DataCom's sole discretion, members who are deemed to be repeat infringers. This repeat infringer policy does not prevent Saipan DataCom, in its sole discretion, from limiting access to the Site of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
7. cpr144449003101 Governing Law
These Terms of Use shall be governed by and construed in accordance with the laws of the Commonwealth of the Northern Mariana Islands and all applicable federal laws. Any disputes arising from these Terms of Use shall be adjudicated exclusively in the courts of the Commonwealth of the Northern Mariana Islands and the U.S. District Court in the Commonwealth of the Northern Mariana Islands and the parties irrevocably consent to the exclusive jurisdiction and venue of such courts. You and Saipan DataCom agree that any suit, action, or proceeding, whether claim or counterclaim, of any kind or nature arising from or relating in any way to the terms, interpretation, enforcement, or breach of these Terms of Use shall be resolved by a judge alone, and you and Saipan DataCom hereby waive and forever renounce the right to a trial by a civil jury of any such suit, action or proceeding. You agree that this waiver to any right to a jury trial is a material part of your obligations under these Terms of Use.
8. 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.
9. 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 THISSITE 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.
10. Indemnity
You shall indemnify, defend and hold harmless Saipan DataCom and any and all of Saipan DataCom's contractors, agents, employees, officers, subsidiaries, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including attorneys' fees and expenses, of third parties relating to or arising out of or relating to your use of this Site or the Service. This indemnification defense and hold harmless obligation shall survive the termination, expiration or cancellation of these Terms of Use or the Registration Agreements.
11. Modification
Saipan DataCom reserves the right to modify these Terms of Use. If Saipan DataCom changes these Terms of Use, we will post those changes at this Site on this page. Your continued use of the Service following the posting of changes to these terms will mean you accept those changes. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) this Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes.
12. Prohibited Conduct
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.
13. Statute of Limitations.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising of or related to use of the Service or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.
