Advanced TurnKey Solutions Inc. ("ATKSI")
maintains this site (the "Site") for your personal information,
education, and communication. Please feel free to browse the Site. You may
download material displayed on the Site for noncommercial, personal use
only, provided you also retain all copyright and other proprietary notices
contained on the materials. You may not, however, distribute, modify,
transmit, reuse, report, or use the contents of the Site for public or
commercial purposes, including the text, images, audio, and video without
the written permission of ATKSI
Your access and use of the Site is also subject to the following terms
and conditions ("Terms and Conditions") set forth below
including, all exhibits hereto and all applicable laws. By accessing and
browsing the Site, you accept, without limitation or qualification, the
Terms and Conditions and acknowledge that any other agreement between you
and ATKSI, are superseded and of no force or effect.
Your access and use of the Site is also subject to the following terms and conditions ("Terms and Conditions") set forth below including, all exhibits hereto and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms and Conditions and acknowledge that any other agreement between you and ATKSI, are superseded and of no force or effect.
ATKSI Web Site Agreement
Please read this Agreement carefully before accessing or using the Service. By accessing or using the Service, you agree to be bound by the terms and conditions set forth below. If you do not wish to be bound by these terms and conditions, you may not access or use the Service. ATKSI may modify this Agreement at any time, and such modifications shall be effective immediately upon posting of the modified Agreement. You agree to review the Agreement periodically to be aware of such modifications and your continued access or use of the Service shall be deemed your conclusive acceptance of the modified Agreement.
Your participation in on-line communications occurs in real time and is not edited, censored, or otherwise controlled by ATKSI. ATKSI cannot and does not screen content provided by users of the Service. Notwithstanding the foregoing, ATKSI reserves the right to monitor content on the Service and to remove content which ATKSI, in its sole discretion, determines to be harmful, offensive, or otherwise in violation of these Operating Policies. In order to maintain an informative and valuable service that meets the needs of the users of the Service and avoids the harm that can result from disseminating statements that are false, malicious, violate the rights of others, or otherwise harmful, it is necessary to establish the following rules to protect against abuse:
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This Terms of Service Agreement (the "Agreement") is by and between Advanced TurnKey Solutions, Inc. (ATKSI), and the person acknowledging this Agreement ("Customer").
The following are the terms and conditions for use of the ATKSI service including, without limitation, the services which may be offered from time to time by ATKSI (each feature individually and collectively referred to as the "Service"). Please read them carefully. This Service is provided to individuals who are registered with ATKSI.
THIS AGREEMENT COMPRISES THE ENTIRE AGREEMENT BETWEEN CUSTOMER AND ATKSI AND SUPERSEDES ALL PRIOR AGREEMENTS BETWEEN THE PARTIES REGARDING THE SUBJECT MATTER CONTAINED HEREIN. THE SERVICE IS OFFERED TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THE TERMS, CONDITIONS, AND NOTICES CONTAINED HEREIN. BY COMPLETING THE REGISTRATION PROCESS YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE AGREEMENT.
1. DESCRIPTION OF SERVICES
ATKSI is providing Customers with the following capabilities:
- to communicate over the network of its suppliers carriers and affiliates by voice and facsimile
- to connect to a data network or the Internet
- to teleconference or videoconference
In consideration for this Service, Customer agrees to: (1) provide certain current, complete, and accurate information about Customer and (2) maintain and update this information as required to keep it current, complete and accurate. All information requested on original registration shall be referred to as registration data ("Registration Data"). If any information provided by Customer is inaccurate, ATKSI retains the right to terminate Customer's rights to use the Service.
2. CUSTOMERS ACCOUNT, PASSWORD, AND SECURITY
To open a customer account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the registration Form. You then will be provided Customer Numbers, Personal Identification Numbers (PINs), Account and Calling Card Numbers and choose or are provided a password, depending upon the specifics of the services you apply for. You are entirely responsible for maintaining the confidentiality of all your information. Furthermore, you are entirely responsible for any and all activities that occur through use of your numbers and/or password. You agree to notify ATKSI immediately of any unauthorized use of your account or any other breach of security.
3. CUSTOMER PRIVACY
It is ATKSI's policy to respect the privacy of its Customers. ATKSI will not monitor, edit, or disclose any personal information about you or your use of the Service without your prior permission unless ATKSI has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of ATKSI; (3) enforce the Agreement; or (4) act to protect the interests of its Customers or others. ATKSI does provide certain demographic user information in aggregate form to third parties.
Please note that in some cases your Internet Protocol address, e-mail address or facsimile number may be transmitted with each message sent. For more information, see the ATKSI Privacy Statement.
You agree that ATKSI may access your account(s), including its contents, as stated above or in order to respond to service or technical issues.
4. CUSTOMER CONDUCT
As a condition of your use of the Service, you warrant to ATKSI that you will not use the Service for any purpose that is unlawful or prohibited by these terms, conditions and notices.
YOU AGREE TO USE THE SERVICE ONLY FOR YOUR OWN BEHALF; ANY UNAUTHORIZED RESALE OF ITS SERVICES IS EXPRESSLY PROHIBITED.
You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account or password, including the content of your transmissions through the Service. By way of example, and not as a limitation, you agree not to:
· Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
· Publish, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information.
· Create a false identity for the purpose of misleading others as to your identity.
· Interfere with or disrupt networks connected to the Service or violate the regulations, policies or procedures of such networks.
· Attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means.
· Violate any applicable laws or regulations including, without limitation, laws regarding the transmission of technical data or software exported from the United States through the Service.
· Interfere with another Customer's use and enjoyment of the Service.
5. DISCLAIMERS/LIMITATION OF LIABILITY
By using ATKSI's web site including any applications, applets, software and content contained therein, you agree that use of the Service is entirely at your own risk.
Materials provided by the Service, including any materials provided by ATKSI¹ carriers, affiliates, partners or suppliers, are designed to provide accurate and authoritative information with regard to the subject matter covered.
The information and services included in or available through the Service may include inaccuracies or typographical errors. Changes are periodically made to the information and rates published herein. ATKSI and/or its respective carriers, affiliates and suppliers may make improvements and/or changes in the Service at any time. Modification Rights Reserved.
ATKSI does not represent or warrant that the Service will be uninterrupted or trouble-free, or that defects will be corrected.
You specifically agree that if you use the service to access data networks ATKSI shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the Service. You specifically agree that ATKSI is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. You specifically agree that ATKSI is not responsible for any content sent using and/or included in the Service by any third party.
ATKSI AND/OR ITS RESPECTIVE CARRIERS, SUPPLIERS AND AFFILIATES MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE SERVICE FOR ANY PURPOSE. THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. ATKSI AND/OR ITS RESPECTIVE CARRIERS SUPPLIERS AND AFFILIATES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SERVICE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
You agree to indemnify and hold ATKSI, its subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the Service.
ATKSI may terminate your access to any part or all of the Service and any related service(s) at any time, with or without cause, with or without notice, effective immediately, for any reason whatsoever. ATKSI may also terminate your account for inactivity, which is defined as failing to use the Service for an extended period of time, as determined by ATKSI. Upon termination of the Service, your right to use the Service immediately ceases. If you wish to terminate your account, your only recourse is to discontinue the use of the Service. ATKSI shall have no obligation to maintain any records of your account or to forward any unread information to you or any third party. Upon termination of your account, ATKSI may immediately deactivate or delete your account and all related information in your account and/or bar any further access to the Service. Further, you agree that ATKSI shall not be liable to you or any third-party for any termination of your access to the Service. This Agreement will continue to apply to all past use of the service by you, even if you are no longer using it.
8. NO SPAM; DAMAGES
ATKSI will immediately terminate any account which it believes, in its sole discretion, is using the service to transmit or is otherwise connected with any spam or other unsolicited bulk e-mail.
9. MODIFICATIONS TO TERMS OF SERVICE
ATKSI reserves the right to change the Agreement or policies regarding the use of the Service at any time and to notify you by posting an updated version of the Agreement on this Web site. You are responsible for regularly reviewing the Agreement. Continued use of the Service after any such changes shall constitute your consent to such changes.
This agreement is governed by the laws of the State of Massachusetts, without giving effect to its conflicts of laws provisions. Both parties submit to the personal jurisdiction of Massachusetts and further agree that any cause of action relating to this Agreement shall be brought in Barnstable County, Massachusetts. You and ATKSI agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and ATKSI as a result of this agreement or use of the Service. ATKSI' s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of ATKSI' s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by ATKSI with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. You agree that ATKSI may communicate with you, or with others on your behalf, via email, any similar technology, or regular mail for the purposes relating to your user account, the Service, any software provided with the Service or any other services provided now or in the future by ATKSI or on ATKSI¹ behalf. Unless otherwise specified herein, this Agreement constitutes the entire agreement between the user and ATKSI with respect to the Service and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and ATKSI with respect to the Service. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance.
It is the express will of the parties that this Agreement and all related documents have been drawn up in English. C'est la volonté expresse des parties que la présente convention ainsi que les documents qui s'y rattachent soient rédigés en anglais.
You agree to be bound by any affirmation, assent or agreement you transmit to ATKSI by computer, including but not limited to any consent you give to receive communications from us solely through electronic transmission. You agree that, when in the future you click on an "I agree," "I consent" or other similarly worded "button" or entry field with your mouse, keystroke or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
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