QZIPX.COM Terms of Use

1. ACCEPTANCE OF TERMS

1.1 You should read these QZIPX.COM Terms of Use ("Terms") carefully before using the QZIPX.COM.com website ("Website") in any manner. Your use of the Website constitutes acceptance of these Terms. If you do not agree to all of these terms, do not use this Website.

1.2 The Terms are entered into by and between QZIPX.COM ("QZIPX.COM") and you. If you are using the Website on behalf of your employer, you represent that you are authorized to accept these Terms on your employer's behalf.

2. YOUR OBLIGATIONS

2.1 You are not required to register in order to use portions of this Website. However, in the future certain portions of this Website may be available only to registered users. If you choose to register, you agree to: (a) provide true, accurate, current, and complete information as prompted by the registration form (the "Registration Data"), and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.

2.2 You are solely responsible for the security of your password. QZIPX.COM is not liable for any unauthorized use of the Website.

2.3 If you are an QZIPX.COM customer or an QZIPX.COM Technology Partner, you acknowledge and agree that certain portions of this Website may provide password-restricted access to information about you and your relationship with QZIPX.COM, such as Registration Data and certain terms of your existing contracts, to assist customers in purchasing, maintaining, and supporting QZIPX.COM products, and to assist Technology Partners in marketing, purchasing, maintenance, training, and support activities. By using this Website, you consent to QZIPX.COM's display of such information via the Website and accept all risks of unauthorized access to such information.

2.4 If you provide any information that is false, inaccurate, out of date, or incomplete, or QZIPX.COM has reasonable grounds to suspect that such information is false, inaccurate, not current, or incomplete, QZIPX.COM may suspend or terminate your account (as described in Section 5) and refuse any and all current or future use of the Website (or any portion thereof).

2.5 You are responsible for all expenses, including, without limitation, phone charges and telecommunications equipment, that you incur in order to use the Website.

3. CONFIDENTIALITY

3.1 You acknowledge that you may obtain access via the Website to certain confidential information of QZIPX.COM and its suppliers and partners, such as technical, contractual, pricing, marketing, and other valuable information ("Confidential Information"). You agree not to disclose Confidential Information to any person or entity other than employees or contractors in your organization who have a need to know and who are bound by contractual obligations of confidentiality sufficient to give effect to this Section 3. Under no circumstances will you disclose Confidential Information to a competitor of QZIPX.COM.

3.2 You may use Confidential Information solely for the purpose of purchasing, maintaining, and supporting QZIPX.COM products, and/or for marketing purposes if you are a QZIPX.COM Technology Partner. Title to Confidential Information remains with QZIPX.COM and its suppliers and partners. You agree, either as an individual or on behalf of your employer, to be bound by the provisions of this Section 3. Furthermore, if you are acting on behalf of your employer, your employer agrees to indemnify you for violations of this Section 3.

3.3 You do not acquire any rights in Confidential Information, except the limited right to use Confidential Information as described above.

3.4 Any breach of the Terms will result in irreparable harm to QZIPX.COM for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, QZIPX.COM will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if QZIPX.COM seeks such an injunction.

3.5 Your obligations regarding Confidential Information expire five (5) years after the date of disclosure. Upon termination of your access to the Website or QZIPX.COM's written request, you must cease use of Confidential Information and return or destroy all Confidential Information.

3.6 The Terms impose no obligation upon you with respect to Confidential Information that you can establish by legally sufficient evidence: (a) you possessed, or knew, prior to your receipt from QZIPX.COM, without an obligation to maintain its confidentiality; (b) is or becomes generally known to the public through no act or omission by you, or otherwise without violation of the Terms; (c) you obtained from a third party who had the right to disclose it, without an obligation to keep such information confidential; (d) you independently developed without the use of Confidential Information and without the participation of individuals who have had access to Confidential Information. You may disclose Confidential Information in response to a valid order by a court or other governmental body, or as otherwise required by law, provided that you give prior notice to QZIPX.COM adequate to afford QZIPX.COM the opportunity to object to the disclosure.

4. INDEMNITY

4.1 You agree to indemnify and hold QZIPX.COM, and its subsidiaries, affiliates, directors, officers, employees, agents, and partners, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Website, including any use by your employees or contractors, your violation of the Terms, or your violation of any rights of another.

5. NOTICES; MODIFICATION AND TERMINATION OF SERVICES

5.1 QZIPX.COM may send notices to you via either electronic mail or regular mail. The Website may also provide notices of changes to the Terms or other matters by displaying notices or links to notices. QZIPX.COM reserves the right to modify or discontinue, temporarily or permanently, products, services, or content offered on the Website (or any part thereof) at any time without notice. QZIPX.COM, in its sole discretion, may terminate your account or use of the Website for any reason, including, without limitation, for lack of use or if QZIPX.COM believes that you have violated the Terms. Further, QZIPX.COM will not be liable to you or any third-party for any termination, modification, or suspension of access to the Website (or any part thereof).

6. ADVERTISEMENTS AND PROMOTIONS

6.1 QZIPX.COM may display advertisements and promotions from third parties on the Website. The manner, mode, and extent of advertising on the Website are subject to change. Your correspondence or business dealings with, or participation in promotions of, advertisers other than QZIPX.COM found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such advertiser. QZIPX.COM is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-QZIPX.COM advertisers on the Website.

7. LINKS

7.1 The Website may provide links to other Internet sites or resources as a convenience to you. Because QZIPX.COM has no control over such sites and resources, you acknowledge and agree that QZIPX.COM is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, services, or other materials on or available from such sites or resources. QZIPX.COM will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such site or resource.

8. INTELLECTUAL PROPERTY RIGHTS

8.1 The Website contains proprietary and confidential content that is protected by applicable patent, trademark, copyright, and other intellectual property rights and laws. Except as specified below, nothing contained herein shall be construed as conferring, by implication, estoppels, or otherwise, any license or right under any patent, trademark, or copyright of QZIPX.COM or any third party.

8.2 Any software, software updates, or patches downloaded from the Website may be used only: (i) as allowed under the accompanying license; or (ii) subject to the license governing the original product.

8.3 Services provided as an element of QZIPX.COM's support, training, or professional services are governed by the terms of the applicable support, training, or professional services agreement.

8.4 You must not modify, decompile, or reverse engineer any software obtained from the Website, and must not remove, overprint, or deface any notice of copyright, trademark, or other notice of ownership from any originals or copies of software or Confidential Information obtained from the Website.

8.5 QZIPX.COM hereby authorizes you to copy materials published by QZIPX.COM on this Website solely for non-commercial use within your organization (or if you are a QZIPX.COM Technology Partner, your customer's organization) in support of QZIPX.COM products or services. No other use of the information is authorized. In consideration of this authorization, you agree that any copy of these materials that you make shall retain all copyright and other proprietary notices in the same form and manner as on the original.

9. DISCLAIMER OF WARRANTIES

9.1 YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. UNLESS OTHERWISE EXPLICITLY STATED, THE CONTENT ON THE WEBSITE IS PROVIDED "AS IS." QZIPX.COM DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. QZIPX.COM MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTIES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF ANY OF THE CONTENT CONTAINED ON THE WEBSITE.

9.2 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.

10. LIMITATION OF LIABILITY

10.1 TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, QZIPX.COM IS NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE (EVEN IF QZIPX.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF OR RELATED TO: (i) THE USE OF OR THE INABILITY TO USE THE WEBSITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (v) ANY OTHER MATTER RELATING TO THE WEBSITE, INCLUDING CONTENT YOU MAY DOWNLOAD, USE, MODIFY, OR DISTRIBUTE FROM THE WEBSITE.

11. PRIVACY

11.1 QZIPX.COM's Privacy Policy can be found at http://www.QZIPX.COM.com/privacy. By using the Website, you are consenting to the processing of your data by QZIPX.COM and consenting to the terms of QZIPX.COM's Privacy Policy. If QZIPX.COM decides to change that policy, QZIPX.COM will post the revised policy prominently on the Website or otherwise bring it to your attention.

12. GENERAL INFORMATION

12.1 The Terms constitute the entire agreement between you and QZIPX.COM with respect to your use of the Website, superseding any prior agreements between you and QZIPX.COM (including, but not limited to, any prior versions of the Terms). You also may be subject to additional terms and conditions that may apply when you use other QZIPX.COM products or services, third-party content, or third-party products or services. You must not assign or otherwise transfer the Terms or any right granted hereunder. Sections 3, 7, 8, 9, 10, and 11 survive termination of the Terms.

12.2 Massachusetts law and controlling U.S. federal law govern any action related to the Terms. No choice of law rules of any jurisdiction apply. The parties specifically disclaim the U.N. Convention on Contracts for the International Sale of Goods. You and QZIPX.COM agree to submit to the personal and exclusive jurisdiction of the courts located within Middlesex County, Massachusetts and/or the corresponding U.S. federal courts.

12.3 QZIPX.COM controls and operates this Website from its headquarters in the United States of America and makes no representation that the content of the Website is appropriate or available for use in other locations. If you use this Website from other locations, you are responsible for compliance with applicable local laws including but not limited to the export and import regulations of other countries.

12.4 You acknowledge and agree that the content of the Website may be subject to the U.S. Export Administration Laws and Regulations. Diversion of such content contrary to U.S. law is prohibited. You agree that none of the content, nor any direct product there from, is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor be used for nuclear activities, chemical or biological weapons, or missile projects unless authorized by the U.S. Government. Proscribed countries are set forth in the U.S. Export Administration Regulations. You agree to comply strictly with all U.S. export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.

12.5 This Website could include inaccuracies or typographical errors. QZIPX.COM tries to make the information on the Website accurate and current but does not guarantee it. Use of such information is at your own risk. QZIPX.COM may modify the content, products, services, and prices described in this Website at any time without notice. QZIPX.COM may amend these Terms at any time by posting the amended terms on the Website.

12.6 The failure of QZIPX.COM to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. If a court of competent jurisdiction finds any provision of the Terms to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms are for convenience only and have no legal or contractual effect.

QZIPX.COM Trademark Notices

QZIPX.COM, the QZIPX.COM logo and other trademarks appearing on this website are trademarks or registered trademarks of QZIPX.COM, Inc., in the United States and/or other countries. All rights reserved.

QZIPX.COM.com Privacy Policy

This privacy policy was last updated on March 28, 2003. QZIPX.COM has created this privacy policy in order to disclose our information gathering and dissemination practices for this website, http://www.QZIPX.COM.com/. Upon reading this privacy policy, you will know:

1. The organization collecting the information from you through the website.
2. What personally identifiable information is collected.
3. How the information is used.
4. With whom the information may be shared.
5. What choices are available to you regarding collection, use, and distribution of the information.
6. The kind of security procedures that are in place to protect the loss, misuse, or alteration of information under QZIPX.COM's control.
7. How you can access and correct any inaccuracies in the information collected about you.

Questions regarding this policy should be directed to the QZIPX.COM website coordinator by emailing Webmaster or writing to us at the following address:

QZIPX.COM
Attn: Website Coordinator
18133 Bilney Drive
Olney, MD 20832

What Happens to Your Information?

QZIPX.COM is the sole owner of the information it gathers on its website. QZIPX.COM will only share your information with outside parties in ways that are described in this privacy policy or if we are required to do so by law or in the good-faith belief that such action is necessary in order to conform to the edicts of the law, cooperate with law enforcement agencies, or comply with a legal process served on our company

What Information is Collected and How it is Used?

Registration

Registration may be required in order to access certain areas of the website, such as the support and partner areas. If you choose to register on the website, we will collect contact information such as name, mailing address, email address, phone number, and company information such as company name and website URL. This information is used to provide product support or other services that you may request. The information may also be used to contact you with marketing or promotional information from QZIPX.COM or our partners. You will have the opportunity to "opt-out" of such contacts when you register.

We use email links located on the "contact us" page and other areas of the site to allow you to contact us directly with any questions or comments you may have. We read every message sent in and try to reply promptly to every one. This information is used to respond directly to your questions or comments. We may also file your comments to improve the site or our products and services, or review and discard the information. Your personal information is only shared with third parties with your explicit permission.

Log Files

The QZIPX.COM website may log IP addresses and browser types for systems administration purposes. These logs may be analyzed to improve the value of the materials available on the website. A user's session may be tracked, but the user will be anonymous. We do not link IP addresses to any personally identifiable information.

A cookie is an element of data that a website can send to your browser, which may then be stored on your system. QZIPX.COM's website may use cookies to better serve you when you return to the site. You can set your browser to notify you before you receive a cookie, giving you the chance to decide whether to accept it. You can also set your browser to turn off cookies. If you do so, however, some areas of some websites may not function properly.

Third Party Service Providers

QZIPX.COM may contract with third parties to assist us in managing certain functions in connection with our website, such as sending out newsletters. QZIPX.COM will only provide third party service providers with the information necessary to carry out the service. Third party service providers will be contractually prevented from using the information received from QZIPX.COM for any purpose other than those dictated by QZIPX.COM.

Links

The QZIPX.COM website may contain links to other websites, such as partner or vendor websites. Please note that the privacy policies of these websites may differ from that of QZIPX.COM. We encourage you to read the privacy policy of any website you may visit.

Choices Regarding the Use of Your Information

How to Unsubscribe from QZIPX.COM Email Publications

To unsubscribe from receiving QZIPX.COM marketing or promotional materials, send an email request to Webmaster. Also, if an unsubscribe link appears at the end of an email, when you click on it you will be unsubscribed from such mailings.

How to Update User Information

QZIPX.COM may provide a self-service capability to update your information via the website. Also, you can send an email request to Webmaster to update your email address or any other information you have given to QZIPX.COM.

Security

Protecting your privacy and your information is a top priority at QZIPX.COM. We have taken measures to prevent the loss, misuse, and alteration of your information. Once we receive your information that was entered into our website, it is stored behind a firewall. All QZIPX.COM employees are aware of our privacy and security policies. Your information is only accessible to those employees who need it in order to perform their jobs.

Notification of Changes

If we are going to use your personally identifiable information in a manner different from that stated at the time of collection through this website, we will notify you via email. You will have a choice as to whether or not we use your information in this different manner. In addition, if we make any material changes in our privacy practices that do not affect user information already collected through our site, we will post a prominent notice on our website notifying users of the change.

If you have questions about this privacy policy or feel that QZIPX.COM has not complied with it, please contact the QZIPX.COM website coordinator by emailing Webmaster or writing to us at the following address:

MaCT USA
Attn: Website Coordinator
P.O. Box 109
North Versailles, PA 15137

General information: