D,
I am going to pass some of the posts on this board to SI Admin. It's been a long time coming since he has crossed the line many times without retribution or warning. His time has come since he has violated the Terms of Use innumerable times.
Free speech does not mean one can infringe anothers right to speak(as he has done on this board). He has a perverted and incorrect view of what constitutes free speech. Not to mention the fact that he is one pathetic example of a human being, for lack of a better word.
BK
Summary of Terms of Use
Silicon Investor is largely a self-policing discussion site, which means that our site administrators will respond and react to e-mails received from members regarding violations of the Terms of Use. Upon receipt of such e-mails, the SI Administrators can and will take appropriate action (at their sole discretion), including, but not limited to the removal of post(s) and the suspension or termination of account(s). That's right, they can terminate your membership without refund.
Chances are - if you're honest, sincere and civil with your posts - you will never have to worry about the SI Administrators. In fact, the SI Administrators are really great people and they perform an invaluable service in maintaining the sanctity of Silicon Investor.
However, you subject yourself to possible suspension and/or termination if you do any of the following:
* Provide untrue or incorrect information about yourself during the Silicon Investor Registration Process.
* Use Silicon Investor for illegal purposes or for the transmission of material that is unlawful, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, obscene, tortuous, improper or otherwise objectionable.
* Use Silicon Investor for the transmission of junk mail, spam, chain letters, advertising or unsolicited mass distribution of e-mail.
The SI Administrators may remove post(s) or terminate your account for these or any other violations of the Terms of Use, so make sure you read the whole thing.
As you utilize Silicon Investor, if you notice other members violating the Terms of Use, please notify us via e-mail at: si-webmistress@go2net.com.
1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF USE
1.1. Go2Net Inc. ("Go2Net") is pleased to provide you with the Silicon Investor Service via the Web site(s) owned an operated by Go2Net and accessed via the URLs siliconinvestor.com, techstocks.com, stocksite.com, or any successor URLs (the "Service") under this Silicon Investor Terms of Use Agreement, any amendments to the Silicon Investor Terms of Use Agreement, and operating rules and policies (collectively, the "Terms of Use"). Go2Net reserves the right, at its discretion, to change, modify, add or remove all or part of the Terms of Use at any time. Go2Net will notify you of changes to the Terms of Use by posting a message on the Service.
1.2. By accepting the Terms of Use, you agree to (a) provide accurate, complete and current information as prompted during the Service Registration process, and (b) to maintain and update your e-mail address to keep it accurate, complete and current. If you fail to do so, Go2Net reserves the right to terminate your Service membership. As part of the Service Registration process, you will select a password and user name. Choose wisely. Go2Net may refuse to grant you a user name that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary right law, is vulgar or otherwise offensive, or may cause confusion, as determined by Go2Net in its sole discretion.
1.3. Members may maintain only one active membership with the Service. By accepting the Terms of Use, you warrant that you have no other membership(s) with the Service. If you forget your user name or password, please send notification via e-mail at: memberadmin@siliconinvestor.com.
1.4. BY COMPLETING THE REGISTRATION PROCESS AND CLICKING THE "I ACCEPT" BUTTON, YOU ARE AGREEING TO BE BOUND BY ALL TERMS AND CONDITIONS SET FORTH IN THIS SILICON INVESTOR TERMS OF USE AGREEMENT. If these terms and conditions or any future changes are unacceptable to you, or cause you no longer to be in compliance with the Terms of Use, you may cancel your membership by sending e-mail to: memberadmin@siliconinvestor.com.
2. MEMBER CONDUCT
2.1. The Service includes information, views, opinions and recommendations of individuals and organizations of interest to the investment community.
Go2Net assumes no responsibility for the accuracy, currency, completeness or usefulness of information in any material available via the Service and it does not endorse any opinions or recommendations posted by members, nor does it give tax or investment advice or advocate the purchase or sale of any security or investment. You should exercise discretion and skepticism before relying on information in messages, since it may be incorrect or misleading. Members may pretend to be people that they are not. Some members may have dishonest and/or deceitful intentions or may have inaccurate information -- so beware! You should make an independent investigation before making any financial decisions, and if you rely on information posted by other members you do so solely at your own risk.
Go2Net does not review, screen or edit messages posted by members. Nonetheless, Go2Net reserves the right to monitor or remove any information transmitted or received through the Service, or to terminate your membership and use of the Service, at any time, without notice, in its sole discretion. It is members' responsibility to bring violations of the Terms of Use by other members to Go2Net's attention, although Go2Net does not guarantee any action based on such information.
The following actions, among others, may result in removal of messages and/or termination of your membership.
a) Using the Service for illegal purposes or for the transmission of material that is unlawful, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, obscene, tortuous or otherwise objectionable.
b) Posting material, non-public information about companies, without the authorization to do so.
c) Posting or transmitting third party copyrighted information or in any way infringing on the intellectual property rights, contractual or fiduciary rights of others.
d) Providing false information on your registration form, or impersonating someone else.
e) Using the Service for the transmission of junk mail, spam, chain letters, or unsolicited mass distribution of e-mail.
f) Using the Service for the transmission of advertising or promotion of any product or service.
g) Posting improper or off-topic messages or posting more than twenty messages in six hours.
h) Violating the letter or spirit of the Terms of Use.
2.2. Your use of the Service is subject to all applicable local, state, national and international laws and regulations, including but not limited to the U.S. export control laws and regulations, and the rules of any national or other securities exchange, including but not limited to the New York Stock Exchange, the American Stock Exchange or the NASDAQ. You agree not to transmit any material that could constitute or encourage conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law or regulation, or rule of a national or other securities exchange.
On February 5, 2000, Go2Net entered into a Co-Branding and Marketing Agreement with National Discount Brokers Corporation ("NDB"). To assist NDB in compliance with securities regulations, the parties agreed that Go2Net shall use commercially reasonable efforts to remove any and all discussion threads which relate specifically to NDB or National Discount Brokers Group, Inc. by the fifteenth day of the month after the month in which the thread first appears.
2.3. You agree that you are responsible for all statements made and acts or omissions that occur on your membership account while your password is being used. You agree to waive and hold Go2Net harmless from any claims relating to any action taken by Go2Net as part of its investigation of a suspected violation of the Terms of Use or as a result of its conclusion that a violation of the Terms of Use has occurred, including but not limited to the removal of posts from the Service or the suspension or termination of your membership account. If you believe someone has used your password or account without your authorization, you must notify Go2Net immediately via e-mail at memberadmin@siliconinvestor.com.
2.4. Go2Net reserves the right to access and disclose any information, including user names of accounts and other information, to comply with applicable laws and lawful government requests, to operate its systems properly or to protect itself or its members.
3. PROPRIETARY RIGHTS TO CONTENT
3.1. The content available through the Service is the property of Go2Net or its licensors and is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Content received through the Service may be displayed, reformatted and printed for your personal, non-commercial use only. You agree not to reproduce, retransmit, re-post, distribute, sell, publish, broadcast, create derivative works from, perform, or in any way commercially exploit any of the content, or infringe upon trademarks or service marks displayed or received through the Service, including but not limited to others in the same company or organization, without Go2Net's express prior written consent.
3.2. You agree that upon posting information on the Service, you grant Go2Net, and its successors and assigns a non-exclusive, worldwide, royalty free, perpetual, non-revocable license under your copyrights or other intellectual property rights, if any, in such material to use, distribute, display, reproduce, and create derivative works from such material in any and all media, in any manner, whole or part, without any duty to account to you. You also grant Go2Net the right to authorize the downloading and printing of such material, or any portion thereof, by end users for their personal use.
4. EXTERNAL LINKS
4.1. The Service contains links to other related World Wide Web Internet sites, resources and members of the Service. Go2Net is not responsible for the availability of these outside resources, or their contents, nor does Go2Net endorse nor is Go2Net responsible for any of the contents, advertising, products or other materials on such sites. Under no circumstances shall Go2Net be held responsible or liable, directly or indirectly, for any loss or damages caused or alleged to have been caused by use of or reliance on any content, goods or services available on such sites. Any concerns regarding any external link should be directed to its respective site administrator or webmaster.
5. FEES AND PAYMENTS
5.1. Current fees may be obtained through the Registration Process. Your membership is personal to you, and you may not assign or otherwise transfer your rights or obligations to anyone. You certify that you are 18 years old or older and you agree to be responsible for and pay any charges incurred in connection with your user name and password. Your membership shall continue until Go2Net receives notice of termination from you or Go2Net exercises its rights of termination as described in the Terms of Use. Go2Net reserves the right to change at any time the membership fees and billing methods.
6. DISCLAIMER OF WARRANTIES AND LIABILITY
6.1. The Service is provided AS IS and AS AVAILABLE, without warranty of any kind. GO2NET EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: (A) ANY WARRANTIES AS TO THE AVAILABILITY, ACCURACY, COMPLETENESS, CURRENTNESS OR RELIABILITY OF THE CONTENT AVAILABLE THROUGH THE SERVICE, OR THE SERVICE ITSELF; (B) ANY WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT SOFTWARE DEFECTS WILL BE CORRECTED; AND (C) WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
YOU ACKNOWLEDGE AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GO2NET OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. GO2NET, ITS OFFICERS, DIRECTORS, OWNERS, AGENTS AND EMPLOYEES, SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY RESULTING FROM USE OF THE SERVICE, CAUSED IN WHOLE OR IN PART BY ITS NEGLIGENCE OR CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING THE SERVICE AND ANY CONTENT THROUGH THE SERVICE. IN NO EVENT WILL GO2NET, ITS OFFICERS, DIRECTORS, OWNERS, AGENTS AND EMPLOYEES, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH CONTENT. GO2NET, ITS OFFICERS, DIRECTORS, OWNERS, AGENTS AND EMPLOYEES, SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE. YOU AGREE THAT THE LIABILITY OF GO2NET, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM (WHETHER IN CONTRACT, TORT OR OTHERWISE) IN ANY WAY CONNECTED WITH THE SERVICE OR THE CONTENT IN THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID GO2NET FOR THE USE OF THE SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
7. INDEMNIFICATION
7.1. You agree to indemnify and hold Go2Net, its officers, directors, owners, agents and employees, harmless from any claim or demand, including reasonable attorneys fees, made by any third party due to or arising out of your use of the Service, the violation of these Terms of Use by you, or the infringement by you, or other user of the Service using your computer, of any intellectual property or other right of any person or entity. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
8. TERMINATION
8.1. You agree that Go2Net may, in its sole discretion, terminate or suspend your access to all or part of the Service for any reason, including, without limitation, breach of the Terms of Use or any subsequent modifications, or attempted assignment of your account by you. Any suspected fraudulent, abusive or illegal activity may be grounds for termination of your membership account and may be referred to appropriate law enforcement authorities. Go2Net shall not be liable to you or any third party for the termination of Service or any claims related to the termination of Service.
8.2. Should you object to any terms and conditions of these Terms of Use or any subsequent changes to the terms and conditions or become dissatisfied with the Service in any way, your only recourse is to immediately: (1) discontinue use of the Service; (2) terminate Service membership; and (3) notify Go2Net of termination by sending an e-mail to: memberadmin@siliconinvestor.com. Continued use of the Service is an acceptance of the Terms of Use and all or any subsequent changes.
d 8.3. If you terminate your membership account within 30 days of your registration, you will be entitled to a refund in accordance with the membership plan you selected during the Service Registration process. If Go2Net terminates your membership account for a violation of the Terms of Use, including but not limited to during the first 30 days of your membership, you will not be entitled to any refund.
9. LAWS
9.1. The Terms of Use are governed by and construed in accordance with the laws of the State of Washington and the intellectual property laws of the United States, and you agree to submit to the personal jurisdiction of the courts of the state of Washington for any cause or action arising out of or relating to the Service or the Terms of Use. 9.2. You agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
10. ADDITIONAL DISCLAIMER AND WARNING
10.1. The Securities Exchange Commission has expressed concerns that the stock price for companies with small market capitalization (also known as "small cap", "micro cap" or "penny" stocks) may be particularly susceptible to manipulation. Therefore, you should carefully evaluate the information posted by other members about such stocks. |
