Acceptance of Contract Terms
The following are terms of a legal agreement between you and
ByYourSite Consulting ("ByYourSite"). By accessing,
browsing and/or using this site ("Site"), you acknowledge
that you have read, understood, and agree, to be bound by these
terms and to comply with all applicable laws and regulations,
including U.S. export and re-export control laws and regulations.
The site is provided to you "as is" as a free service
("Service"). If you do not agree to these terms, do
not use this Site. The material provided on this Site is protected
by law, including, but not limited to, United States Copyright
Law and international treaties. This Site is controlled and operated
by ByYourSite from its offices within the United States and hosted
by SpeakEasy.net. ByYourSite makes no representation that materials
in the Site are appropriate or available for use in other locations,
and access to them from territories where their contents are illegal
is prohibited. Those who choose to access this Site from other
locations do so on their own initiative and are responsible for
compliance with applicable local laws.
Any claim relating to, and the use of, this Site and the materials
contained herein is governed by the laws of the state of California.
Term of use revisions
ByYourSite may modify this agreement at any time, and such modifications
shall be effective immediately upon posting of the modified agreement
on the site. You agree to review the agreement periodically to
be aware of such modifications and your continued access or use
of the site shall be deemed your conclusive acceptance of the
The copyright in all material provided on this Site is held by
ByYourSite or by the original creator of the material. Except
as stated herein, none of the material may be copied, reproduced,
distributed, republished, downloaded, displayed, posted or transmitted
in any form or by any means, including, but not limited to, electronic,
mechanical, photocopying, recording, or otherwise, without the
prior written permission of ByYourSite or the copyright owner.
Permission is granted to display, copy, distribute and download
the materials on this Site for personal, noncommercial use only,
provided you do not modify the materials and that you retain all
copyright and other proprietary notices contained in the materials.
This permission terminates automatically if you breach any of
these terms or conditions. Upon termination, you must immediately
destroy any downloaded and printed materials. You also may not,
without ByYourSite's permission, "mirror" any material
contained on this Site on any other server. Any unauthorized use
of any material contained on this Site may violate copyright laws,
trademark laws, the laws of privacy and publicity, and communications
regulations and statutes.
If you believe that content appearing on any ByYourSite sites
constitutes copyright infringement of another party's rights,
please contact us at firstname.lastname@example.org.
Any material, information or idea you transmit to or post on
this Site by any means will be treated as non-confidential and
nonproprietary, and may be disseminated or used by ByYourSite
or its affiliates for any purpose whatsoever, including, but not
limited to, developing, manufacturing and marketing products.
Notwithstanding the foregoing, all personal data provided to ByYourSite
You are prohibited from posting or transmitting to or from this
Site any unlawful, threatening, libelous, defamatory, obscene,
scandalous, inflammatory, pornographic, or profane material, or
any other material that could give rise to any civil or criminal
liability under the law.
Use of the Site.
You understand that, except for information, products or services
clearly identified as being supplied by ByYourSite, ByYourSite
does not operate, control or endorse any information, products
or services on the Internet in any way. Except for ByYourSite's
identified information, products or services, all information,
products and services offered through the Site or on the Internet
generally are offered by third parties that are not affiliated
with ByYourSite. You also understand that ByYourSite cannot and
does not guarantee or warrant that files available for downloading
through the Site will be free of infection or viruses, worms,
Trojan horses or other code that manifest contaminating or destructive
properties. You are responsible for implementing sufficient procedures
and checkpoints to satisfy your particular requirements for accuracy
of data input and output, and for maintaining a means external
to the Site for the reconstruction of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE
SITE AND THE INTERNET. ByYourSite PROVIDES THE SITE AND RELATED
INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR
IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER
(INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT,
OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE
INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE
INTERNET GENERALLY, AND ByYourSite SHALL NOT BE LIABLE FOR ANY
COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY
SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE
THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE,
SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE
SERVICE OR ON THE INTERNET GENERALLY. ByYourSite DOES NOT WARRANT
THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS
IN THE SERVICE WILL BE CORRECTED.
Links to and from third party sites
ByYourSite makes no representations whatsoever about any other
web site which you may access through this one or which may link
to this Site. The linked sites are not under the control of ByYourSite
and ByYourSite is not responsible for the contents of any linked
site or any link contained in a linked site, or any changes or
updates to such sites. ByYourSite is not responsible for webcasting
or any other form of transmission received from any linked site.
ByYourSite is providing these links to you only as a convenience,
and the inclusion of any link does not imply endorsement by ByYourSite
of the site. In addition, a link to a ByYourSite web site does
not mean that ByYourSite endorses or accepts any responsibility
for the content, or the use, of such web site.
You understand further that the Internet contains unedited materials
some of which are sexually explicit or may be offensive to you.
You access such materials at your risk. ByYourSite has no control
over and accepts no responsibility whatsoever for such materials.
Limitation of Liability
IN NO EVENT WILL ByYourSite BE LIABLE FOR (I) ANY INCIDENTAL,
CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED
TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF
PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE
OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS
PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY
DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF ByYourSite OR ITS
AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS,
OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION
DOWNLOADED THROUGH THE SERVICE; WHETHER IN AN ACTION OF CONTRACT,
NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION
WITH THE USE OR PERFORMANCE OF THE SERVICE. BECAUSE SOME STATES
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN SUCH STATES, ByYourSite's LIABILITY IS LIMITED TO THE GREATEST
EXTENT PERMITTED BY LAW.
FOR YOUR CONVENIENCE, ByYourSite MAY MAKE AVAILABLE ON THIS SITE
OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR
DOWNLOAD. ByYourSite DOES NOT MAKE ANY ASSURANCES WITH REGARD
TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH
USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL
PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE
AVAILABLE ON THIS SITE OR IN ByYourSite's SOFTWARE PRODUCTS.
You agree to indemnify, defend and hold ByYourSite, its employees,
agents, licensors, suppliers and any third party information providers
to the Service from and against all losses, expenses, damages
and costs, including reasonable attorneys' fees, resulting from
any violation of this Agreement (including negligent or wrongful
conduct) by you or any other person accessing the Service.
Third Party Rights
The provisions of paragraphs Use of the Service, and Indemnification
are for the benefit of ByYourSite and its employees, agents, licensors,
suppliers, and any third party information providers to the Service.
Each of these individuals or entities shall have the right to
assert and enforce those provisions directly against you on its
This Agreement may be terminated by either party without notice
at any time for any reason. The provisions provided herein shall
survive any termination of this Agreement.
ByYourSite, ByYourSite Consulting, ByYourSite Partners, ByYourSite
Partners logo, BYS and/or any other names of ByYourSite, or its
publications, products, content or services referenced herein
or on the Site are trademarks of ByYourSite in the United States
and/or other countries.
Unless otherwise noted, the example companies, organizations,
products, domain names, e-mail addresses, logos, people, places
and events depicted herein are fictitious, and no association
with any real company, organization, product, domain name, e-mail
address, logo, person, place or event is intended or should be
The names of actual companies and products mentioned in the Site
may be the trademarks of their respective owners.
Any rights not expressly granted herein are reserved.
COPYRIGHT NOTICE. Copyright 2000-2001 ByYourSite
Piedmont, California, USA. All rights reserved.