Local Tek Link, Ltd. TERMS OF USE
1. ACCEPTANCE OF TERMS
Local Tek Link, Ltd. provides online resources, including an interface between technical service providers and potential customers, a feedback and rating interface, and various email alert services, (referred to hereafter as "the Services"). Any usage of the Services by you is subject to the following Terms of Use ("TOU"). By using the Services, you are agreeing to comply with the TOU. In addition, when using particular Local Tek Link, Ltd. Services, you agree to abide by any applicable posted guidelines for all Local Tek Link, Ltd. Services, which may change from time to time. Should you object to any term or condition of the TOU, any guidelines, or any subsequent modifications thereto or become dissatisfied with the Services in any way, your recourse is to immediately discontinue use of the Services.
2. MODIFICATIONS TO THIS AGREEMENT
Local Tek Link, Ltd. reserves the right, at our sole discretion, to modify these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You can find the most recent version of the TOU at: http://www.localteklink.com/cgi-bin/ltl.pl?action=agreement
3. CONTENT
You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Services, are the sole responsibility of the person from whom such Content originated. You are entirely responsible for each individual item ("Item") of Content that you post, email or otherwise make available via the Services. You understand that Local Tek Link, Ltd. does not control, and is not responsible for Content made available through the Services, and that by using the Services, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable.
You understand that use of the Content is at your own risk, and that under no circumstances will Local Tek Link, Ltd. be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Services. You acknowledge that Local Tek Link, Ltd. does not pre-screen or approve Content, but that Local Tek Link, Ltd. shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Services, for any reason.
4. THIRD PARTY CONTENT, SITES, AND SERVICES
The Local Tek Link, Ltd. site and Content available through the Services may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of Local Tek Link, Ltd., including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. Local Tek Link, Ltd. makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk. Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such interactions, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
You agree that Local Tek Link, Ltd. shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such interactions. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that Local Tek Link, Ltd. is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Local Tek Link, Ltd., its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our Services.
5. PRIVACY AND INFORMATION DISCLOSURE
Local Tek Link, Ltd. has established a Privacy Policy to explain to users how their information is collected and used, which is located at the following web address: http://www.localteklink.com/cgi-bin/ltl.pl?action=privacy
Your use of the Local Tek Link, Ltd. website or the Services signifies acknowledgment of and agreement to our Privacy Policy. You further acknowledge and agree that Local Tek Link, Ltd. may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce the TOU; respond to claims that any Content violates the rights of third-parties; respond to claims that contact information (e.g. phone number, street address) of a third-party has been posted or transmitted without their consent or as a form of harassment; protect the rights, property, or personal safety of Local Tek Link, Ltd., its users or the general public.
6. CONDUCT
You agree not to post, email, or otherwise make available Content:
a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way;
b) that is pornographic or depicts a human being engaged in actual sexual conduct including but not limited to (i) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, or (ii) bestiality, or (iii) masturbation, or (iv) sadistic or masochistic abuse, or (v) lascivious exhibition of the genitals or pubic area of any person;
c) that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
d) that violates the Fair Housing Act by stating, in any notice or ad for the sale or rental of any dwelling, a discriminatory preference based on race, color, national origin, religion, sex, familial status or handicap (or violates any state or local law prohibiting discrimination on the basis of these or other characteristics);
e) that violates federal, state, or local equal employment opportunity laws, including but not limited to, stating in any advertisement for employment a preference or requirement based on race, color, religion, sex, national origin, age, or disability.
f) with respect to employers that employ four or more employees, that violates the anti-discrimination provision of the Immigration and Nationality Act, including requiring U.S. citizenship or lawful permanent residency (green card status) as a condition for employment, unless otherwise required in order to comply with law, regulation, executive order, or federal, state, or local government contract.
g) that impersonates any person or entity, including, but not limited to, a Local Tek Link, Ltd. employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures);
h) that includes personal or identifying information about another person without that person's explicit consent;
i) that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch";
j) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
k) that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement;
l) that constitutes or contains any form of advertising or solicitation if: posted in areas of the Local Tek Link, Ltd. sites which are not designated for such purposes; or emailed to Local Tek Link, Ltd. users who have not indicated in writing that it is permissible to contact them about other services, products or commercial interests.
m) that includes links to commercial services or web sites, except as allowed in "Services";
n) that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law.
o) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
p) that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Services, or that otherwise negatively affects other users' ability to use the Services; or
q) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Services.
Additionally, you agree not to:
r) contact anyone who has asked not to be contacted;
s) "stalk" or otherwise harass anyone;
t) collect personal data about other users for commercial or unlawful purposes;
u) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Services - unless expressly permitted by Local Tek Link, Ltd.;
v) post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
w) attempt to gain unauthorized access to Local Tek Link, Ltd.'s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Services or the Local Tek Link, Ltd. website; or
x) use any form of automated device or computer program that enables the submission of multiple requests on Local Tek Link, Ltd. without each request being manually entered by the author thereof (an "automated request"), including without limitation, the use of any such automated request to submit postings in bulk, or for automatic submission of postings at regular intervals.
8. SPAM / UNAUTHORIZED USE POLICY
You understand and agree that sending unsolicited messages to users of the Services or through Local Tek Link, Ltd. computer systems, which is expressly prohibited by these TOU, may use or cause to be used servers located in North Carolina. Any unauthorized use of Local Tek Link, Ltd. computer systems is a violation of the TOU and may violate certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. ยง 1030 et seq.). Such violations may subject the sender and his or her agents to civil and criminal penalties.
9. SERVICE FEES
Only the Tek's are being charged a service fee to be listed of $7.
9. LIMITATIONS ON SERVICE
You acknowledge that Local Tek Link, Ltd. may establish limits concerning use of the Services, including the maximum number of days that Content will be retained by the Services, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Services, and the frequency with which you may access the Services. You agree that Local Tek Link, Ltd. has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Services. You acknowledge that Local Tek Link, Ltd. reserves the right at any time to modify or discontinue the Services (or any part thereof) with or without notice, and that Local Tek Link, Ltd. shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
10. ACCESS TO THE SERVICE
Local Tek Link, Ltd. grants you a limited, revocable, nonexclusive license to access the Services for your own personal use. This license does not include:
(a) access to the Services by (b) any collection, aggregation, copying, duplication, display or derivative use of the Services nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by Local Tek Link, Ltd.. A limited exception to (b) is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Services, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. "General purpose internet search engine" does not include a website or search engine or other service that specializes in business to consumer (b2c) listings or in any subset of b2c listings such as technical service providers of any kind, or which is in the business of providing like services.
Local Tek Link, Ltd. permits you to display on your website, or create a hyperlink on your website to, individual postings on the Services so long as such use is for noncommercial and/or news reporting purposes only (e.g., for use in personal web blogs or personal online media). If the total number of such postings displayed or linked to on your website exceeds one hundred (100) postings, your use will be presumed to be in violation of the TOU, absent express permission granted by Local Tek Link, Ltd. to do so. You may also create a hyperlink to the home page of Local Tek Link, Ltd. sites so long as the link does not portray Local Tek Link, Ltd., its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive manner.
Use of the Services beyond the scope of authorized access granted to you by Local Tek Link, Ltd. immediately terminates said permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the the Services or any Content made available via the Services for other purposes (including commercial purposes) not stated herein, you must first obtain a license from Local Tek Link, Ltd.
11. TERMINATION OF SERVICE
You agree that Local Tek Link, Ltd., in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Services (or any part thereof), immediately and without notice, and remove and discard any Content within the Services, for any reason, including, without limitation, if Local Tek Link, Ltd. believes that you have acted inconsistently with the letter or spirit of the TOU. Further, you agree that Local Tek Link, Ltd. shall not be liable to you or any third-party for any termination of your access to the Services. Further, you agree not to attempt to use the Services after said termination. Sections 3-5 and 12-18 shall survive termination of the TOU.
12. PROPRIETARY RIGHTS
The Services is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Services is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of Local Tek Link, Ltd. You further agree not to reproduce, duplicate or copy Content from the Services without the express written consent of Local Tek Link, Ltd., and agree to abide by any and all copyright notices displayed on the Services. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Services or on the Local Tek Link, Ltd. site. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Services.
By posting Content to any public area of the Services, you automatically grant, and you represent and warrant that you have the right to grant, to Local Tek Link, Ltd. an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Services, you automatically grant Local Tek Link, Ltd. all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Services by any party for any purpose.
13. DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF THE LOCAL TEK LINK, LTD. SITE AND THE SERVICES IS ENTIRELY AT YOUR OWN RISK. THE LOCAL TEK LINK, LTD. SITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, LOCAL TEK LINK, LTD. DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE LOCAL TEK LINK, LTD. SITE AND THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, LOCAL TEK LINK, LTD. DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE LOCAL TEK LINK, LTD. SITE OR THE SITES OR SERVICES, OR ACCESSED THROUGH ANY LINKS ON THE LOCAL TEK LINK, LTD. SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, LOCAL TEK LINK, LTD. DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE LOCAL TEK LINK, LTD. SITE OR THE SERVICES. .
Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
14. LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL LOCAL TEK LINK, LTD. BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF LOCAL TEK LINK, LTD. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE LOCAL TEK LINK, LTD. SITE OR THE SERVICES, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE LOCAL TEK LINK, LTD. SITE OR THE SERVICE, FROM INABILITY TO USE THE LOCAL TEK LINK, LTD. SITE OR THE SERVICES OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE LOCAL TEK LINK, LTD. SITE OR THE SERVICES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE LOCAL TEK LINK, LTD. SITE OR THE SERVICES OR ANY LINKS ON THE L LOCAL TEK LINK, LTD. SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE LOCAL TEK LINK, LTD. SITE OR THE SERVICES OR ANY LINKS ON THE LOCAL TEK LINK, LTD. SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you.
15. INDEMNITY
You agree to indemnify and hold Local Tek Link, Ltd., its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Services, your use of the Services, your violation of the TOU, your breach of any of the representations and warranties herein, or your violation of any rights of another.
16. GENERAL INFORMATION
The TOU constitute the entire agreement between you and Local Tek Link, Ltd. and govern your use of the Services, superseding any prior agreements between you and Local Tek Link, Ltd.. The TOU and the relationship between you and Local Tek Link, Ltd. shall be governed by the laws of the State of North Carolina without regard to its conflict of law provisions. You and Local Tek Link, Ltd. agree to submit to the personal and exclusive jurisdiction of the courts located within Alamance County, North Carolina. The failure of Local Tek Link, Ltd. to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction 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 TOU remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.
17. VIOLATION OF TERMS AND LIQUIDATED DAMAGES
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for Local Tek Link, Ltd. to pursue legal action to enforce the TOU, you will be liable to pay Local Tek Link, Ltd. the following amounts as liquidated damages, which you accept as reasonable estimates of Local Tek Link, Ltd.s' damages for the specified breaches of the TOU:
a) If you post a message that (1) impersonates any person or entity; (2) falsely states or otherwise misrepresents your affiliation with a person or entity; or (3) that includes personal or identifying information about another person without that person's explicit consent, you agree to pay Local Tek Link, Ltd. one thousand dollars ($1,000) for each such message. This provision does not apply to messages that are lawful non-deceptive parodies of public figures.
b) If Local Tek Link, Ltd. establishes limits on the frequency with which you may access the Services, or terminates your access to or use of the Services, you agree to pay Local Tek Link, Ltd. one hundred dollars ($100) for each message posted in excess of such limits or for each day on which you access Local Tek Link, Ltd. in excess of such limits, whichever is higher.
c) If you send unsolicited email advertisements to Local Tek Link, Ltd. email addresses or through Local Tek Link, Ltd. computer systems, you agree to pay Local Tek Link, Ltd. twenty five dollars ($25) for each such email.
d) If you post Content in violation of the TOU, other than as described above, you agree to pay Local Tek Link, Ltd. one hundred dollars ($100) for each Item of Content posted. In its sole discretion, Local Tek Link, Ltd. may elect to issue a warning before assessing damages.
e) If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of the TOU without Local Tek Link, Ltd.'s express written permission, you agree to pay Local Tek Link, Ltd. three thousand dollars ($3,000) for each day on which you engage in such conduct.
Otherwise, you agree to pay Local Tek Link, Ltd.'s actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of the TOU, Local Tek Link, Ltd. retains the right to seek the remedy of specific performance of any term contained in the TOU, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in the TOU, or any combination thereof.
If any of the terms and conditions of the TOU is held by any court of competent authority to be unlawful, invalid or unenforceable, in whole or in part, this will not affect the validity of the remaining terms and conditions, which will continue to be valid and enforceable to the fullest extent permitted by law.
18. LEGAL NOTICE
Local Tek Link, Ltd. may be contacted at:
Local Tek Link, Ltd.
P.O. Box 591
Mebane, NC 27302
USER FEEDBACK
1. NOTIFICATION OF ABUSE, HARASSMENT, OR OTHER VIOLATIONS OF THE TOU
Please report any violations of the TOU, by flagging the posting(s) for review, or by emailing to:
abuse@LocalTekLink.com
2. NOTIFICATION OF CLAIMS OF INFRINGEMENT
If you believe that your intellectual property rights have been violated, please notify Local Tek Link, Ltd.'s agent for notice of claims of copyright or other intellectual property rights ("Agent"), at
abuse@LocalTekLink.com
or:
abuse
Local Tek Link, Ltd.
P.O. Box 591
Mebane, NC 27302
Please provide our Agent with the following Notice:
a) Identify the material on the Local Tek Link, Ltd. site that you claim is in direct violation, with enough detail so that we may locate it on the website;
b) A statement by you that you have a good faith belief that the disputed use is not authorized by the intellectual property owner, its agent, or the law;
c) A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the intellectual property interest involved or that you are authorized to act on behalf of that owner;
d) Your address, telephone number, and email address; and
e) Your physical or electronic signature.
3. USER FEEDBACK
We welcome your comments and questions regarding the Local Tek Link, Ltd. Site and Services, on the Terms of Use, or any of our policies. Local Tek Link, Ltd. may be contacted at:
Local Tek Link, Ltd.
P.O. Box 591
Mebane, NC 27302
