Sun provides this List for the convenience of its customers and partners.
In subscribing to this List, you agree to be bound by these Terms of Use.
Sun reserves the right to change the Terms of Use at any time and from
time to time. Your continued use of a List after a change constitutes
agreement to the revised Terms of Use.
1. YOUR CONDUCT
1.1 You understand that all information, data, text, software,
music, sound, photographs, graphics, video, messages, or other materials
("Content"), whether publicly posted or privately transmitted, are the
sole responsibility of the person from whom such Content originated. This
means that You, and not Sun, are entirely responsible for all Content that
You upload, post or otherwise transmit via the List. Sun does not monitor,
supervise, or control the Content posted via the List and, as such, does
not guarantee the accuracy, integrity or quality of such Content. You understand
that by using the List, You may be exposed to Content that is offensive,
indecent or Objectionable.
1.2 Although it is not our intent to monitor Your online communications,
Sun reserves the right to edit or remove Content that we become aware of
and determine to be harmful, offensive or otherwise in violation of these
Terms of Use. Sun may also remove Content that is not related to the List's
purpose, contains third-party commercial advertisements, is inaccurate
or includes unauthorized disclosure or personal information. Violation
of these restrictions ("Restrictions") may also result in the termination
or suspension of your subscription to the List. These Restrictions apply
to all Content provided to or through the List.
1.3 You agree not to post any Content that violates or infringes
anyone's intellectual property rights (including copyrights, trademarks,
trade secrets, patents, publicity rights or (to the extent protectable)
confidential ideas) or that is obscene, obscene as to minors, child pornography,
defamatory, racist, lewd, lascivious, filthy, excessively violent, harassing,
or otherwise objectionable ("Objectionable").
1.4 You agree not to use the List in any way for spamming or to
transmit chain letters, junk email or bulk communications. You agree not
to use any Sun domain name as a pseudonymous return email address for any
communications that You transmit from another location or through another
service; and You may not impersonate any person or entity, or otherwise
misrepresent Your affiliation with any person or entity when using the
List. Furthermore, You agree not to transmit unsolicited or bulk communications
to any List member.
1.5 You agree that Sun would be irreparably
harmed by the use, by You or others, of the List in connection with the
transmission of spam postings or unsolicited email in violation of these
Terms of Use, and that Sun is entitled to obtain injunctive relief against
any such transmission (in addition to all other remedies available at law
or in equity). Sun reserves the right to block, filter or delete unsolicited
email.
1.6 You agree not to use the List for any unlawful activities
not otherwise covered above, including (without limitation) attempting
to compromise the security of any networked account or site, operating
an illegal lottery or gambling operation, stalking, or making direct threats
of physical harm. Additionally, You agree not to:
(a) forge headers or otherwise manipulate identifiers
in order to disguise the origin of any Content transmitted through the
List;
(b) post any Content that You do not have a
right to transmit to the public under any law or under contractual or fiduciary
relationships (such as inside information, proprietary or confidential
information learned or disclosed as part of employment relationships or
under nondisclosure agreements);
(c) post any material 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;
(d) intentionally or unintentionally violate
any applicable local, state, national or international law, or any regulations
having the force of law; or
(e) collect or store personal data about other
List members.
2. CONTENT SUBMITTED TO THE LIST
2.1 Sun does not claim ownership of the Content You post to the
List. By posting Content on the List, You grant, or warrant that the copyright
owner has expressly granted, Sun a worldwide, royalty-free, fully sublicensable
nonexclusive license to reproduce, modify, distribute, transmit, display,
perform, adapt, and publish the Content (including in digital form).
2.2 You acknowledge that Sun does not pre-screen Content, but
that Sun and its designees have the right (but not the obligation) in their
sole discretion to remove any Content posted to the List. Without limiting
the foregoing, Sun and its designees may disable, restrict access to or
the availability of, any Content that violates the Terms of Use or is otherwise
objectionable. You must evaluate, and bear all risks associated with, the
use of any Content, including any reliance on the accuracy, completeness,
or usefulness of such Content.
2.3 Unless otherwise explicitly stated, herein, or in Sun's Privacy
Policy, any Content provided by You in connection with this List shall
be deemed to be provided on a nonproprietary and nonconfidential basis.
Sun shall have no obligation of any kind with respect to such Content and
shall be free to use or disseminate such Content on an unrestricted basis
for any purpose. You acknowledge that You are responsible for the Content
that You submit, and You, not Sun, have full responsibility for the Content,
including their legality, reliability, appropriateness, originality and
copyright.
2.4 Sun is committed to respecting others' intellectual property
rights, and we ask our users to do the same. It is your responsibility
to obtain any permission needed to post any Content to the List.
Sun may, in its sole discretion, terminate the subscriptions rights of
List members who are repeat infringers of others' intellectual property
rights, or upon any single infringement of the intellectual property rights
of others. If You believe that Your work has been copied in a way that
constitutes copyright infringement on the List, please contact our copyright
agent as described in our copyright policy.
3. INDEMNITY
You agree to indemnify and hold Sun, and its subsidiaries, affiliates,
officers, agents, co-branders, alliance members, or other partners, and
employees, harmless from any claim or demand, including reasonable attorneys'
fees, made by any third party due to or arising out of Your Content, Your
use of the List, Your violation of the Terms, or Your violation of any
rights of another.
4. NOTICES; MODIFICATION AND TERMINATION
OF SERVICES
Sun may send notices to You via either email or regular mail. Sun reserves
the right at any time and from time to time to modify or discontinue, temporarily
or permanently, the List with or without notice. Sun, in its sole discretion,
may terminate Your subscription and remove and discard any Content posted
by You, for any reason, including, without limitation, if Sun believes
that You have violated or acted inconsistently with the letter or spirit
of the Terms of Use. Any termination of Your subscription under any provision
of the Terms of Use may be effected without prior notice. Further, Sun
will not be liable to You or any third-party for any termination, modification,
or suspension of the List.
5. DISCLAIMER OF WARRANTIES
5.1 YOUR USE OF THE LIST IS AT YOUR SOLE RISK. THE LIST IS PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS. SUN 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 NONINFRINGEMENT. SUN MAKES NO REPRESENTATIONS, WARRANTIES,
CONDITIONS OR GUARANTIES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY
OR COMPLETENESS OF ANY OF THE CONTENT POSTED TO THE LIST. ANY QUESTIONS
REGARDING THE CONTENT SHOULD BE DIRECTED TO THE PROVIDERS OF SUCH CONTENT.
IN NO EVENT WILL SUN OR ITS SUPPLIERS BE LIABLE FOR THE ACCURACY OR COMPLETENESS
OF CONTENT POSTED TO THE LIST. SUN DOES NOT WARRANT THE ACCURACY, RELIABILITY,
INTEGRITY, OR QUALITY OF ANY CONTENT, PRODUCTS OR SERVICES YOU FIND ON
OR THROUGH THE LIST.
5.2 NOT LIMITING THE FOREGOING, ANY MATERIAL DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF THE SERVICES 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.
5.3 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY YOU FROM SUN WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED
IN THE TERMS. SUN'S EMPLOYEES ARE NOT AUTHORIZED TO VARY THESE TERMS.
6. LIMITATION OF LIABILITY
TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, SUN SHALL NOT BE
LIABLE FOR ANY ERRORS OR OMISSIONS IN ANY POSTING OR FOR ANY LOSS OR ANY
DIRECT, INCIDENTAL SPECIAL OR CONSEQUENTIAL DAMAGES INCURRED AS A RESULT
OF USING A LIST OR ANY INFORMATION, CODES, PRODUCTS, OR SERVICES FOUND
ON OR THROUGH A LIST OR RESULTING FROM ALTERATION OR DELETION OF ANY MESSAGE,
EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. GENERAL INFORMATION
These Terms of Use shall be governed by and construed in accordance
with the laws of the State of California applicable to agreements entered
into, and to be performed entirely within, California between California
residents. You agree to submit to the personal and exclusive jurisdiction
of the courts located within the State of California. The waiver
by Sun of any breach of these Terms of Use will not constitute a waiver
of any other or subsequent breach. If any provision of these Terms of Use
is held void, invalid or unenforceable, it will be enforced to the maximum
extent permissible, and the legality and enforceability of the other provisions
will remain in full force and effect.