Sun Telegraph -

Sidney Sun Telegraph Terms Of Use

1. Definitions.

"Suntelegraph.com" is the interactive on-line service operated by The Sidney Sun-Telegraph on the World Wide Web of the Internet, consisting of information services and content provided by The Sidney Sun-Telegraph, affiliates of The Sidney Sun-Telegraph and other third parties. "Subscriber" means each person who accesses a connection to and use of Suntelegraph.com.

2. General.

(A) This Agreement sets forth the terms and conditions that apply to use of Suntelegraph.com by Subscriber. By using Suntelegraph.com (other than to read this Agreement for the first time), Subscriber agrees to comply with all of the terms and conditions hereof. The right to use Suntelegraph.com is personal to Subscriber and is not transferable to any other person or entity. Subscriber is responsible for all use of Subscriber's Account (under any screen name or password) and for ensuring that all use of Subscriber's Account complies fully with the provisions of this Agreement. Subscriber shall be responsible for protecting the confidentiality of Subscriber's password(s), if any.

(B) The Sidney Sun-Telegraph shall have the right at any time to change or discontinue any aspect or feature of Suntelegraph.com, including, but not limited to, content, hours of availability, and equipment needed for access or use.

3. Changed Terms.

The Sidney Sun-Telegraph shall have the right at any time to change or modify the terms and conditions applicable to Subscriber's use of Suntelegraph.com, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on Suntelegraph.com, or by electronic or conventional mail, or by any other means by which Subscriber obtains notice thereof. Any use of Suntelegraph.com by Subscriber after such notice shall be deemed to constitute acceptance by Subscriber of such changes, modifications or additions.

4. Equipment.

Subscriber shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of Suntelegraph.com and all charges related thereto.

5. Use Of Communication Services

Suntelegraph.com may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.

Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.

Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.

Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.

Conduct or forward surveys, contests, pyramid schemes or chain letters.

Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.

Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.

Restrict or inhibit any other user from using and enjoying the Communication Services.

Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.

Harvest or otherwise collect information about others, including e-mail addresses, without their consent.

Violate any applicable laws or regulations.

The Sidney Sun-Telegraph has no obligation to monitor the Communication Services. However, The Sidney Sun-Telegraph reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Suntelegraph.com reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Suntelegraph.com reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, in The Sidney Sun-Telegraph's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Suntelegraph.com does not control or endorse the content, messages or information found in any Communication Service and, therefore, Suntelegraph.com specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Suntelegraph.com spokespersons, and their views do not necessarily reflect those of The Sidney Sun-Telegraph.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. Subscriber is responsible for adhering to such limitations if you download the materials.

6. Materials Provided To Suntelegraph.com

Suntelegraph.com does not claim ownership of the materials Subscriber provides to Suntelegraph.com (including feedback and suggestions) or post, upload, input or submit to any Suntelegraph.com Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting Submission Subscriber is granting Suntelegraph.com, its affiliated companies and necessary sublicensees permission to use Submission in connection with the operation of Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform and reproduce.

No compensation will be paid with respect to the use of Submission, as provided herein. Suntelegraph.com is under no obligation to post or use any Submission provided and may remove any Submission at any time in Suntelegraph.com's sole discretion.

By posting, uploading, inputting, providing or submitting Submission Subscriber warrants and represents that Subscriber owns or otherwise controls all of the rights to Submission as described in this section including, without limitation, all the rights necessary for Subscriber to provide, post, upload, input or submit the Submissions.

6. Disclaimer of Warranty; Limitation of Liability.

(A) SUBSCRIBER EXPRESSLY AGREES THAT USE OF SUNTELEGRAPH.COM IS AT SUBSCRIBER'S SOLE RISK. NEITHER THE SIDNEY SUN-TELEGRAPH, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT SUNTELEGRAPH.COM WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF SUNTELEGRAPH.COM, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH SUNTELEGRAPH.COM.

(B) SUNTELEGRAPH.COM IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. SUBSCRIBER SPECIFICALLY ACKNOWLEDGES THAT THE SIDNEY SUN-TELEGRAPH IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH SUBSCRIBER.

(D) SUNTELEGRAPH.COM MAY OFFER HEALTH, FITNESS AND NUTRITIONAL INFORMATION, BUT IS DESIGNED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. THE INFORMATION CONTAINED ON SUNTELEGRAPH.COM DOES NOT AND IS NOT INTENDED TO CONVEY MEDICAL ADVICE AND DOES NOT CONSTITUTE THE PRACTICE OF MEDICINE. SUBSCRIBER SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF SUBSCRIBER HAS ANY CONCERNS OR QUESTIONS ABOUT HIS OR HER HEALTH, SUBSCRIBER SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL FOR PERSONAL MEDICAL ADVICE OR TREATMENT. SUBSCRIBER SHOULD NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM HIS OR HER HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING HE OR SHE MAY HAVE READ ON SUNTELEGRAPH.COM. THE SIDNEY SUN-TELEGRAPH IS NOT RESPONSIBLE FOR ANY ACTIONS OR INACTION ON SUBSCRIBER'S PART BASED ON THE INFORMATION THAT IS PRESENTED IN SUNTELEGRAPH.COM. SUBSCRIBER'S ACCESS AND USE OF SUNTELEGRAPH.COM DOES NOT IN ANY WAY CREATE A PHYSICIAN/PATIENT, CONFIDENTIAL OR PRIVILEGED RELATIONSHIP, OR ANY OTHER RELATIONSHIP THAT WOULD GIVE RISE TO ANY DUTIES ON THE SIDNEY SUN-TELEGRAPH'S PART OR THE PART OF ITS CONTRIBUTORS. THE SIDNEY SUN-TELEGRAPH DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC TESTS, PHYSICIANS, PROCEDURES, OPINIONS, OR OTHER INFORMATION THAT MAY APPEAR ON SUNTELEGRAPH.COM. SUBSCRIBER'S USE OR RELIANCE ON ANY INFORMATION PROVIDED ON SUNTELEGRAPH.COM BY THE SIDNEY SUN-TELEGRAPH, ITS CONTRIBUTORS, LICENSORS, THIRD PARTY CONTENT PROVIDERS, OR OTHER SUBSCRIBERS IS SOLELY AT SUBSCRIBER'S OWN RISK.

(E) IN NO EVENT WILL THE SIDNEY SUN-TELEGRAPH, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING SUNTELEGRAPH.COM OR THE SUNTELEGRAPH.COM SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE SUNTELEGRAPH.COM. SUBSCRIBER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON SUNTELEGRAPH.COM

(F) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, THE SIDNEY SUN-TELEGRAPH, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN SUNTELEGRAPH.COM, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. PRIOR TO THE EXECUTION OF A STOCK TRADE, SUBSCRIBERS ARE ADVISED TO CONSULT WITH YOUR BROKER OR OTHER FINANCIAL REPRESENTATIVE TO VERIFY PRICING OR OTHER INFORMATION. THE SIDNEY SUN-TELEGRAPH, ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL HAVE NO LIABILITY FOR INVESTMENT DECISIONS BASED ON THE INFORMATION PROVIDED. NEITHER, THE SIDNEY SUN-TELEGRAPH, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION

7. Monitoring.

The Sidney Sun-Telegraph shall have the right, but not the obligation, to monitor the content of Suntelegraph.com, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by The Sidney Sun-Telegraph and to satisfy any law, regulation or authorized government request. The Sidney Sun-Telegraph shall have the right in its sole discretion to refuse to post any material submitted to or posted on Suntelegraph.com. Without limiting the foregoing, The Sidney Sun-Telegraph shall have the right to remove any material that The Sidney Sun-Telegraph, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

8. Indemnification.

Subscriber agrees to defend, indemnify and hold harmless The Sidney Sun-Telegraph, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of Suntelegraph.com by Subscriber or Subscriber's Account.

9. Termination.

Either The Sidney Sun-Telegraph or Subscriber may terminate this Agreement at any time. Without limiting the foregoing, The Sidney Sun-Telegraph shall have the right to immediately terminate Subscriber's Account in the event of any conduct by Subscriber which The Sidney Sun-Telegraph, in its sole discretion, considers to be unacceptable, or in the event of any breach by Subscriber of this Agreement. The provisions of Sections 5, 6, 8, 10 and this Section 9 shall survive termination of this Agreement.

10. Trademarks.

The Sidney Sun-Telegraph and Suntelegraph.com and each of their logos are trademarks of The Sidney Sun-Telegraph, a Stevenson Newspapers Company. All rights reserved. All other trademarks appearing on Suntelegraph.com are the property of their respective owners.

11. Third Party Content.

The Sidney Sun-Telegraph is a distributor (and not a publisher) of content supplied by third parties and Subscribers. Accordingly, The Sidney Sun-Telegraph has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Subscribers or any other user of Suntelegraph.com, are those of the respective author(s) or distributor(s) and not of The Sidney Sun-Telegraph. Neither The Sidney Sun-Telegraph nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 6 above for the complete provisions governing limitation of liabilities and disclaimers of warranty.)

In many instances, the content available through Suntelegraph.com represents the opinions and judgments of the respective information provider, Subscriber, or other user not under contract with The Sidney Sun-Telegraph. The Sidney Sun-Telegraph neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on Suntelegraph.com by anyone other than authorized The Sidney Sun-Telegraph employee spokespersons while acting in their official capacities. Under no circumstances will The Sidney Sun-Telegraph be liable for any loss or damage caused by a Subscriber's reliance on information obtained through Suntelegraph.com. It is the responsibility of Subscriber to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through Suntelegraph.com.

12. Miscellaneous.

This Agreement and any operating rules for Suntelegraph.com established by The Sidney Sun-Telegraph constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of Nebraska, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

13. Notices and Procedure For Making Claims Of Copyright Infringement

The Sidney Sun-Telegraph respects the rights of all copyright holders. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.