THE TERMS AND CONDITIONS SET FORTH BELOW (THE "TERMS") GOVERN YOUR USE OF THIS SITE ON THE WORLD WIDE WEB (THE "SITE") OF VASTWAVE ("vastwave") AND ARE LEGALLY BINDING ON YOU. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION CONTAINED ON THE SITE. YOUR USE OF THIS SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. VASTWAVE RESERVES THE RIGHT TO REVISE THESE TERMS AT ANY TIME AND WE SHALL NOTIFY YOU OF SUCH REVISIONS BY POSTING AN UPDATED VERSION OF THESE TERMS ON THE SITE. YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THESE TERMS. YOUR CONTINUED USE OF THE SITE SHALL CONSTITUTE YOUR CONSENT TO SUCH CHANGES.

General Use Restrictions

All information, documents, products, software and services provided on this Site, including trademarks, logos, graphics and images that are not Submissions (as defined below) (the "Materials") are provided to you by vastwave or vastwave's licensors or partner entities, as applicable.

Vastwave grants you the limited right to display the Materials only on your personal computer, and to copy and download the Materials displayed on this Site, provided that: (1) both the vastwave copyright notice (set forth below) and this permission notice appear in the Materials so displayed, copied or downloaded, (2) such display, copy or download is solely for your personal or internal informational use (that is, not distributed or otherwise transmitted outside of your home or company, or otherwise broadcast in any media). You acknowledge and agree that you have no right to modify, edit, alter or enhance any of the Materials in any manner. This limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination of this limited license, you agree to immediately destroy any electronic or printed Materials.

Except as stated herein, you acknowledge that you have no right, title or interest in or to the Materials on any legal basis, without the advance written authorization of vastwave.

Third Party Content

Third parties may provide certain information and content to vastwave ("Third Party Content"). The Third Party Content is, in each case, the copyrighted work of the creator/licensor, and may be subject to terms of use and/or privacy policies of such third parties. Please contact the appropriate third party for further information regarding such terms. Vastwave DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO CONTENT PROVIDED BY THIRD PARTIES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

No Framing

You agree not to reproduce, transmit, display, distribute, "frame" or "mirror" any Materials on this Site on any other server or Internet-based device without the advance written authorization of vastwave or its licensors, respectively.

Links To Third Party Sites

This Site may provide links to other Web sites or resources over which vastwave does not have control ("External Web sites"). Such links do not constitute an endorsement by vastwave of those External Web sites. You acknowledge that vastwave is providing these links to you only as a convenience, and further agree that vastwave is not responsible for the content of such External Web sites. Your use of External Web sites is subject to the terms of use and privacy policies located on the linked to External Web sites.

Privacy Policy

Your use of the Site is governed by the vastwave Privacy Policy that is available at http://www.vastwave.com/ (the "Privacy Policy").

Password Restricted Areas of the Site

Certain areas of the Site may be password-restricted to authorized users that become members ("Restricted Areas"). If you are an authorized member of the Restricted Areas, you are responsible for maintaining the confidentiality of your password and account, and agree to notify vastwave if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You are responsible for activities that occur under your account. You agree to immediately notify vastwave of any unauthorized use of your account or any other breach of security in relation to the Site known to you.

Submissions

You acknowledge that you are responsible for the information and material that you submit to the Site (each a "Submission"), and that you, and not vastwave, will have full responsibility for each such Submission, including its legality, reliability, appropriateness, originality and copyright. Unless otherwise explicitly stated herein or in the Privacy Policy, you agree that any Submission provided by you in connection with this Site is provided on a non-proprietary and non-confidential basis. You agree that vastwave shall be free to use or disseminate a Submission on an unrestricted basis for any purpose and if you submit information to the Site, you grant vastwave a nonexclusive, worldwide, royalty-free license to (in any media now known or not currently known or invented) link to, utilize, use, copy, exploit, and prepare derivative works of the Submission, provided, that vastwave agrees to use any personally identifiable information included in your Submissions in accordance with vastwave's Privacy Policy. YOU RETAIN OWNERSHIP OF ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS APPLICABLE TO ANY INFORMATION YOU SUBMIT TO vastwave.

Posting Etiquette

vastwave asks that you respect our on-line community and other individuals. When submitting Submissions to or otherwise using the Site and/or the services, you agree not to:

This list of prohibitions is an example and is not complete or exclusive. These prohibitions do not require vastwave to monitor or remove any Submissions or other information submitted by you or any other user. Vastwave reserves the right to terminate your access to your account, your ability to access and post to the Site or to receive the services with or without cause and with or without notice, or for any action that vastwave determines is inappropriate or disruptive to the Site, services or to any other user of the Site and/or services. You hereby agree to waive any claims against vastwave and its affiliates, contractors, agents and employees for losses, damages and injuries for which are based on or relate to communications or materials made available to the Site or posted on the Site by persons other than vastwave. Vastwave may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at vastwave's discretion, vastwave will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Site.

Trademarks and Copyrights

The trademarks, service marks, brands, names, logos and designs ("Trademarks") of vastwave or others used on this Site are the property of vastwave or their respective owners. You may not remove or alter any Trademark. You may not use any trademark displayed on the Site without the express prior written permission of vastwave or the respective owner, and nothing contained on this Site grants by implication, waiver, estoppel or otherwise, any right to use such trademarks. All of the Materials appearing on this Site, including but not limited to, text elements, site design, images and icons, as well as the selection, assembly and arrangement thereof, are the sole property of vastwave, Copyright © 2010 , unless otherwise specified. All rights not expressly granted herein are reserved. Except as otherwise required by applicable law, any reproduction, distribution, modification, retransmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner.

Copyright Agents

Notification:

Vastwave respects the intellectual property rights of others, and we ask you to do the same. vastwave may, in appropriate circumstances and at our discretion, terminate service and/or access to this Site for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Site, please provide vastwave's designated agent the following information:

Vastwave's agent for notice of claims of copyright or trademark infringement on this Site can be reached as follows:

By mail:

By e-mail: legal@vastwavecom

Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

Indemnification

You agree to defend, indemnify and hold harmless vastwave and its affiliates, representatives, partners, agents and employees from and against any and all liabilities, claims, costs and expenses, including attorneys' fees, that arise out of or in connection with your use of the Site or breach of these Terms.

Disclaimer of Warranty

You acknowledge and agree that this Site may include certain errors, omissions, outdated information which may affect the quality of the Materials. You acknowledge that the Materials have not been independently verified or authenticated in whole or in part by vastwave, and agree that vastwave does not warrant the accuracy or timeliness of the Materials and further agree that vastwave has no liability for any errors or omissions in the Materials, whether provided by vastwave or its licensors.

Vastwave, FOR ITSELF AND EACH OF ITS LICENSORS, MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS AND ANY THIRD PARTY CONTENT. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE IS PROVIDED TO YOU ON AN "AS IS" AND "WHERE-IS" BASIS, AND IS FOR PERSONAL USE ONLY. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED.

Limitation of Liability

NEITHER vastwave NOR ANY OF ITS PARTNERS, AGENTS, AFFILIATES, THIRD PARTY PROVIDERS OR CONTENT PROVIDERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY FORM OF DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR RELATED TO THE USE OR ATTEMPTED USE OF THE SITE, OR ANY EXTERNAL WEB SITES LINKED TO THIS SITE, OR THE MATERIALS ON THE SITE, HOWEVER ARISING, WHETHER FOR BREACH OR IN TORT, EVEN IF vastwave WAS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.

General

Vastwave controls and operates this Site from its headquarters in the United States and makes no representation that the Materials are appropriate or will be available for use in locations other than the United States. If you use this Site from outside the United States, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations of other countries in relation to the Materials. These Terms will be governed by California law and United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. You shall bring all disputes, actions, claims, or causes of action related to these Terms or in connection with this Site only in the federal and state courts located in Santa Clara County, California. If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of vastwave to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by vastwave in writing. The Terms comprises the entire agreement between you and vastwave and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein.