BY VIEWING THE WEB PAGE, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MAY NOT VIEW ANY PAGES ON THIS WEB SITE. REDISTRIBUTION OR RENTAL IS NOT PERMITTED.
I - General Overview
It is NORMAN MONTGOMERY'S policy to promote unlimited, uncensored access to the Internet. However, as with any user-oriented service, certain guidelines and rules which must be enforced for the benefit of Internet users throughout the world. NORMAN MONTGOMERY therefore requires VIEWERS to adhere to the guidelines set forth herein.
II - TERMS APPLICABLE
Subject to payment of applicable license fees, Norman Montgomery grants to you a non-exclusive license to use the Web Site and accompanying documentation ("WYSIWYG") in the manner described below under "Scope of Grant." Applicable fees are nil, nada, nothing.
Norman Montgomery warrants that for a period of ninety (90) days from the date of viewing, the Web Site, if operated as directed, will substantially achieve the functionality described in the Documentation. Norman Montgomery does not warrant, however, that your use of the Web Site will be uninterrupted or that the operation of the Web Site will be error-free or secure. Norman Montgomery does warrant, however, that the Web Site will not be error-free or secure. In addition, the security mechanisms implemented by Norman Montgomery web site have inherent limitations, and you must determine that the Web Site sufficiently meets your requirements. Norman Montgomery's sole liability for any breach of this warranty shall be, in Norman Montgomery's sole discretion: (i) to replace your defective page or Web Site; or (ii) to advise you how to achieve substantially the same functionality with the Web Site as described in the Documentation through a procedure different from that set forth in the Documentation; or (iii) if the above remedies are impracticable, to refund the license fee you paid for the Web Site. Repaired, corrected, or replaced Web Site and Documentation shall be covered by this limited warranty for the period remaining under the warranty that covered the original Web Site, or if longer, for thirty (30) days after the date (a) of shipment to you of the repaired or replaced Web Site, or (b) Norman Montgomery advised you how to operate the Web Site so as to achieve the functionality described in the Documentation.
Only if you inform Norman Montgomery of your problem with the Web Site during the applicable warranty period and provide evidence of the date you read the license to the Web Site will Norman Montgomery be obligated to acknowledge this warranty. Norman Montgomery will use reasonable commercial efforts to repair, replace, advise or, for individual consumers, refund pursuant to the foregoing warranty within thirty (30) days of being so notified.
If any modifications are made to the Web Site by you during the warranty period; if the media is subjected to accident, abuse, or improper use; or if you violate the terms of this Agreement, then this warranty shall immediately terminate. Moreover, this warranty shall not apply if the Web Site is used on or in conjunction with hardware or web site other than the unmodified version of hardware and web site with which the Web Site was designed to be used as described in the Documentation.
THIS IS A LIMITED WARRANTY, AND IT IS THE ONLY WARRANTY MADE BY NORMAN MONTGOMERY OR HIS SUPPLIERS. NORMAN MONTGOMERY MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF AVAILABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF THIRD PARTIES' RIGHTS. YOU MAY HAVE OTHER STATUTORY RIGHTS. HOWEVER, TO THE FULL EXTENT PERMITTED BY LAW, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE ABOVE LIMITED WARRANTY PERIOD. MOREOVER, IN NO EVENT WILL WARRANTIES PROVIDED BY LAW, IF ANY, APPLY UNLESS THEY ARE REQUIRED TO APPLY BY STATUTE NOTWITHSTANDING THEIR EXCLUSION BY CONTRACT. NO NORMAN MONTGOMERY DEALER, AGENT, OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS LIMITED WARRANTY. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL NORMAN MONTGOMERY BE LIABLE FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SITE. NOR SHALL NORMAN MONTGOMERY BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND NORMAN MONTGOMERY'S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO NORMAN MONTGOMERY RECORDS, PROGRAMS, OR SERVICES. IN NO EVENT SHALL NORMAN MONTGOMERY'S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AGGREGATE DOLLAR AMOUNT PAID UNDER THE AGREEMENT.
For medical advise, see your physician. Consult your physician before starting any diet, exercise regimen, or drug. If a fever persists for more than three days or goes over 103, consult your physician. For legal advise, seek competent legal counsel. Nothing in this site should be considered a solicitation, or recommendation to buy or sell. Consult a reputable broker before investing in anything. Opinions expressed on this site are opinions, not necessarily held by the management or Norman Montgomery. Please seek spiritual guidance when dealing with the aforementioned.
Limitation of Liability
NORMAN MONTGOMERY'S liability under any circumstances is limited to the current month's service charge.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL NORMAN MONTGOMERY BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR ANY LOST PROFITS OR LOST DATA ARISING OUT OF THE USE OR INABILITY TO USE THE WEB SITE, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL NORMAN MONTGOMERY BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT NORMAN MONTGOMERY RECEIVED FROM YOU FOR A LICENSE TO THE WEB SITE, EVEN IF NORMAN MONTGOMERY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.
HIGH RISK ACTIVITIES.
The Web Site is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Web Site could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). Accordingly, Norman Montgomery and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities.
Title, ownership rights, and intellectual property rights in the Web Site shall remain in Norman Montgomery. The Web Site is protected by copyright and other intellectual property laws and by international treaties. Title and related rights in the content accessed through the Web Site is the property of the applicable content owner and is protected by applicable law. The license granted under this Agreement gives you no rights to such content.
TERMINATION. This Agreement and the license granted hereunder will terminate automatically if you fail to comply with the limitations described herein. Upon termination, you must destroy all copies of the Web Site and Documentation in your possession.
EXPORT CONTROLS. None of the Web Site or underlying information or technology may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, Sudan, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. By downloading or using the Web Site, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list.
In addition, if the licensed Web Site is identified as a not-for-export product (for example, on the box, media or in the installation process), then, unless you have an exemption from the United States Department of State, the following applies: EXCEPT FOR EXPORT TO CANADA FOR USE IN CANADA BY CANADIAN CITIZENS, THE WEB SITE AND ANY UNDERLYING TECHNOLOGY MAY NOT BE EXPORTED OUTSIDE THE UNITED STATES OR TO ANY FOREIGN ENTITY OR "FOREIGN PERSON" AS DEFINED BY U.S. GOVERNMENT REGULATIONS, INCLUDING WITHOUT LIMITATION, ANYONE WHO IS NOT A CITIZEN, NATIONAL OR LAWFUL PERMANENT RESIDENT OF THE UNITED STATES. BY DOWNLOADING OR USING THE WEB SITE, YOU ARE AGREEING TO THE FOREGOING AND YOU ARE WARRANTING THAT YOU ARE NOT A "FOREIGN PERSON" OR UNDER THE CONTROL OF A FOREIGN PERSON.
LIMITATION OF LIABILITY.
VIEWER CONSENT TO GUIDELINES
Please read these Guidelines, and the Terms and Conditions for Viewing carefully before opening. By using NORMAN MONTGOMERY services, you agree to comply with these Acceptable Use Guidelines, and NORMAN MONTGOMERY may terminate your NORMAN MONTGOMERY viewing if you fail to comply with these guidelines. IF YOU DO NOT AGREE TO BE BOUND BY THESE GUIDELINES, YOU SHOULD IMMEDIATELY END YOUR USE OF NORMAN MONTGOMERY SERVICES AND NORMAN MONTGOMERY'S WEB SITE AND DELETE ALL COPIES OF INFORMATION FROM THE SITE, INCLUDING URLS.
Use of Services
1. The VIEWER agrees to use NORMAN MONTGOMERY'S services for lawful purposes, in compliance with all applicable laws. You agree to abide by the copyright law and all other applicable laws of the United States and every other jurisdiction where the Web Site may be distributed, including, but not limited to, export control laws. You specifically acknowledge that the Web Site may not be exported to Cuba, Iran, Iraq, Libya, North Korea, Sudan or Syria. You acknowledge that the Web Site in source code form remains a confidential trade secret of Norman Montgomery and/or its suppliers and therefore you agree not to modify the Web Site or attempt to decipher, decompile, disassemble or reverse engineer the Web Site, except to the extent applicable laws specifically prohibit such restriction.
2. NORMAN MONTGOMERY reserves the right to investigate suspected violations of the Guidelines. When NORMAN MONTGOMERY becomes aware of possible violations, NORMAN MONTGOMERY may initiate investigation which may include gathering information from the VIEWER or others involved and the complaining party, if any, and examination of material on NORMAN MONTGOMERY'S site.
3. During an investigation, NORMAN MONTGOMERY may remove material involved from his site. If NORMAN MONTGOMERY believes, a violation of these Guidelines has occurred, it may take responsive action at its sole discretion. Such action may include, but is not limited to, temporary or permanent removal of material from NORMAN MONTGOMERY'S site, warnings to the VIEWER or others responsible, and the suspension or termination of the site. NORMAN MONTGOMERY, at its sole discretion, will determine what action will be taken in response to a violation on a case-by-case basis. Violations of these Guidelines could also subject the VIEWER to criminal or civil liability.
Use of Materials
1. Materials in the public domain (e.g., images, text, and programs) may be downloaded or uploaded using NORMAN MONTGOMERY services. VIEWERS may also re-distribute materials in the public domain. The VIEWER assumes all risks regarding the determination of whether material is in the public domain.
2. The VIEWER is prohibited from storing, distributing or transmitting any unlawful material through NORMAN MONTGOMERY services. Examples of unlawful material include but are not limited to direct threats of physical harm, child pornography, and copyrighted, trademarked and other proprietary material used without proper authorization. The VIEWER may not post, upload or otherwise distribute copyrighted material on NORMAN MONTGOMERY'S servers without the consent of the copyright holder. The storage, distribution, or transmission of unlawful materials could subject the VIEWER to criminal as well as civil liability, in addition to the actions outlined in Section II.A. above.
3. The VIEWER may not store or distribute certain other types of material on NORMAN MONTGOMERY'S servers. Examples of prohibited material include, but are not limited to, programs containing viruses or trojans and tools to compromise the security of other sites.
Acceptable usage is hereby defined as the normal activities associated with the usage of the Internet, including but not limited to usage of NORMAN MONTGOMERY'S sites by accessing by the WWW, IRC, Usenet News, E-Mail, and other Internet features, without harming or infringing on the rights of others.
- Flooding or abuse of other users Flooding is a fairly common occurrence on the Internet, and one which is dealt with strictly at NORMAN MONTGOMERY. Flooding takes place in numerous ways, including but not limited to ICMP flooding, mail bombing (sending large amounts of e-mail repeatedly to a person for purposes of harassment), mass mailings to multiple addressees, msg/CTCP flooding on IRC, as well as other, less common methods.
- Attempts to compromise system and/or network security Programs such as packet sniffers, password crack programs, and similar utilities are prohibited.
- All web site pages provided by NORMAN MONTGOMERY to VIEWERS are copyrighted by NORMAN MONTGOMERY and may not be tampered with, decompiled or reverse engineered.
- E-mail Abuse E-mail abuse typically comes in one of three forms, the transfer of a message to unsolicited individuals, the sending of harassing and/or threatening messages to other users, and the forging of e-mail addresses so as to make the e-mail appear to be from another user.
- Usenet order News Abuse Similar to e-mail abuse, includes forging of addresses, harassment / threats, the posting of the same message to multiple news groups (spamming), as well as the posting of information in groups where it is not relevant and unwanted.
- Pyramid/Money-Making schemes Such activities as the transfer of information or solicitation of persons via the Internet in attempt to extort money or other valuables or the use of pyramid/chain letters are all prohibited.
- Prohibitions also include the unauthorized copying of copyrighted material including, but not limited to, digitization and distribution of photographs from magazines, books, or other copyrighted sources and copyrighted web site. The exportation of web site or technical information in violation of U.S. export control laws is strictly prohibited.
- The VIEWER is prohibited from utilizing NORMAN MONTGOMERY services to compromise the security or tamper with NORMAN MONTGOMERY'S system resources or accounts on any of NORMAN MONTGOMERY'S computers, routers, terminal servers, modems, or any other equipment at NORMAN MONTGOMERY or at any other site. Use or distribution of tools designed for compromising security is prohibited. Examples of the tools include but are not limited to password guessing programs, cracking tools or network probing tools. Any attempt to access any of NORMAN MONTGOMERY'S assets is strictly prohibited.
- NORMAN MONTGOMERY reserves the right to release the user names of VIEWERS involved in violation of system security to system administrators at other sites, in order to assist them in resolving security incidents. NORMAN MONTGOMERY will also fully cooperate with law enforcement authorizes in investigating suspected lawbreakers.
- You may not distribute the Web Site by any means, charge any amount for distributing the Web Site, or distribute the Web Site as part of or in a bundle or package with, any other product.
- You may not reverse engineer, decompile, disassemble, modify, translate, make any attempt to discover the source code of the Web Site, or create derivative works from the Web Site.
Penalties for Abuse
- All prohibited activities are subject to immediate termination of a user's account and any and all criminal and civil penalties available under the law. The penalties imposed on a user for abuse will vary based on the level of the offense. Typically the user will receive a warning on the first offense. However, if the offense is severe enough, NORMAN MONTGOMERY reserves the right to object immediately.
- NORMAN MONTGOMERY will not reimburse users whose service was suspended or disabled due to any of the reasons listed above.
- All site Users agree to indemnify and hold NORMAN MONTGOMERY, his creditors, debitors, friends, associates, employees, agents, subsidiaries, and affiliates harmless from any and all claims and expenses related to the User's violation of this Agreement, including any abusive or unlawful behavior on the part of the User or the User's dependents, or the infringement of any intellectual property or privacy right of any person or entity.
Due to the explosive growth of the Internet and the constant addition of new services and thus the new possibilities of abuse, NORMAN MONTGOMERY reserves the right to add and enforce new policies. All policies stated herein are subject to change at NORMAN MONTGOMERY'S sole discretion. VIEWER shall be responsible for adhering to any new policies implemented by NORMAN MONTGOMERY.
While NORMAN MONTGOMERY strives to provide access to VIEWERS, NORMAN MONTGOMERY cannot guarantee such service. It is the user's responsibility to verify with the telephone carrier whether the calls made via the Viewer's modem to access the Internet are local or not. NORMAN MONTGOMERY makes no warranties as to whether NORMAN MONTGOMERY can provide users with local Internet access numbers. Users are responsible for paying their own dial-up telephone charges for accessing the Internet as well as for contacting Technical Support lines. NORMAN MONTGOMERY WILL NOT REIMBURSE USERS FOR ANY LONG DISTANCE CHARGES.
- If your name is William, Norman Montgomery may or may not call you Bill.
- NORMAN MONTGOMERY MAKES NO WARRANTIES EXPRESS OR IMPLIED AS TO THE ACCURACY OF BILLING. OR EVEN BOBBING.
This Agreement will be governed by the laws of the State of California, United States. This Agreement may only be modified by a license addendum which accompanies this license or by a written document which has been signed by both you and Norman Montgomery. Should you have any questions concerning this Agreement, or if you desire to contact Norman Montgomery for any reason, please write: Norman Montgomery.
Copyright © 1998 Norman Montgomery; All rights reserved.