DeskPort ... the internet on YOUR terms!

DeskPort Terms and Conditions of Use

This Agreement licenses the DeskPort (as defined below) to you and contains terms of use, warranty, and liability disclaimers. Access to and use of the DeskPort is provided subject to this Agreement.

AGREEMENT. The DeskPort application was developed by DeskPort Technologies as a product designed to retrieve certain information from various Internet Web sites, making your access to that information faster and easier than access via existing browsers. Use of this software application is conditioned on your acceptance of these terms and conditions, and the notices herein. By installing and using the DeskPort, you are deemed to have agreed to all terms, conditions, and notices of this Agreement.

RIGHTS GRANTED. This Agreement allows you to use the DeskPort and its components. DeskPort Technologies grants to you a nonexclusive, nontransferable license permitting you to download the DeskPort solely for your personal use. The rights granted to you by DeskPort Technologies shall not be assigned, sublicensed or otherwise conveyed or transferred by you to any other person, organization or entity. Any rights not expressly granted to you herein by DeskPort Technologies are reserved. You may not modify, sell, rent, transfer, resell for profit, distribute or create derivative works based upon the DeskPort or any part thereof.

OWNERSHIP. The foregoing license gives you limited rights to use the DeskPort. You do not become the owner of the DeskPort. DeskPort Technologies and its partners/suppliers retain title to the DeskPort and all copies thereof. All rights not specifically granted in this Agreement, including Federal and International Copyrights, are reserved by DeskPort Technologies. You acknowledge and agree that DeskPort Technologies holds all rights to all patents, copyrights and trade secrets pertaining thereto, and that this Agreement conveys to you only a limited right to access and use the DeskPort.

ACCEPTANCE AND UNDERSTANDING OF PRIVACY POLICY. You acknowledge and agree that you have reviewed and understand the terms and provisions of the DeskPort Privacy Policy. Your use of the DeskPort is expressly conditioned upon such acknowledgment and agreement.

OPT-IN AGREEMENT. You acknowledge that by your use of any of the DeskPort category components that provide data at your request via the DeskPort functionality - i.e. reference, travel, maps, frequent flyer programs, etc. - you are giving your explicit permission or "opt-in" to receive information/communication from each of those data sources. Any such communication will contain a clear and simple “opt-out” mechanism as required by law, or you may choose to cease use of the DeskPort.

ACCURACY OF INFORMATION. All of the information and/or data retrieved by the DeskPort is for "consideration" only. While the information is believed to be accurate, nothing retrieved by DeskPort should be the sole basis for making any decisions. The DeskPort is a facilitator or reporter (and not an original source) of content supplied by third parties. None of the information retrieved by this application is guaranteed to be accurate, complete, useful or timely. While every effort is made to access information of the highest integrity, DeskPort Technologies does not warrant or guarantee accuracy, completeness, usefulness or timeliness of information. You further agree and understand that, while unlikely, the DeskPort may cease to be usable at any time. Updates and continued maintenance to this application are not guaranteed.

COMMUNICATIONS AND UPGRADES. DeskPort Technologies may from time to time deliver messages directly to your computer in graphical or text form; for example, dialog boxes to inform users of a new feature or "alert icons" to suggest a product of potential interest. DeskPort regularly communicates with company servers to facilitate application upgrades as they are available. The DeskPort is specifically designed to be upgraded "on-the-fly" such that bug fixes, new features, registry settings, and other modifications can be propagated to the DeskPort from our servers. Therefore, you should expect to see features modified, added or removed from time-to-time. Some of these changes and improvements may be delivered as a result of notification to you; other changes may be delivered without any explicit notification.

DISCLAIMER OF WARRANTIES. THE DESKPORT IS PROVIDED TO YOU ON AN "AS IS" BASIS, WITHOUT ANY WARRANTY OF ANY KIND FROM PROVIDER INCLUDING, WITHOUT LIMITATION, A WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT. PROVIDER IS PROVIDING THE PRODUCTS AND SERVICES (INCLUDING ANY RELATED SOFTWARE, DOCUMENTATION AND DATA DERIVED OR DELIVERED BY THE PRODUCTS AND SERVICES) WITHOUT ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF THE TRADE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PRODUCTS AND SERVICES -- INCLUDING RESPONSIBILITY FOR ANY DAMAGES CAUSED BY ERRORS, INACCURACIES OR OMISSIONS, COMMUNICATIONS LINE INTERRUPTION OR FAILURE, UNAUTHORIZED ACCESS, THEFT, SYSTEMS FAILURE AND OTHER OCCURRENCES BEYOND PROVIDER'S CONTROL -- IS BORNE BY YOU. DESKPORT TECHNOLOGIES SHALL IN NO WAY BE RESPONSIBLE FOR ANY DAMAGES CAUSED TO YOUR COMPUTER HARDWARE, DATA OR SYSTEM OR TO ANY DATA ON YOUR SYSTEM ARISING FROM THE DOWNLOAD AND/OR USE OF THE PRODUCTS AND SERVICES. THE WARRANTY, EXCLUSIVE REMEDIES AND LIMITED LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN DESKPORT TECHNOLOGIES AND YOU. YOU AGREE THAT LICENSOR WOULD NOT BE ABLE TO PROVIDE THE PRODUCTS AND SERVICES WITHOUT SUCH LIMITATIONS.

LIMITATION OF DAMAGES. DESKPORT TECHNOLOGIES IS NOT LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSS, WHETHER BASED ON BREACH OF CONTRACT, PRODUCTS AND SERVICES LIABILITY OR OTHERWISE, EVEN IF DESKPORT TECHNOLOGIES OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT OR YOUR USE OF DESKPORT.

COPYRIGHT NOTICE. Except where indicated, all content within this application is Copyright ©2004 by DeskPort Technologies, LLC, Indianapolis, Indiana. All rights reserved.

TRADEMARKS. The DeskPort is a pending trademark of DeskPort Technologies, LLC. Other product and company names mentioned herein may be the trademarks of their respective owners.

GENERAL. This agreement is governed by the laws of the State of Indiana, U.S.A. You consent to the exclusive jurisdiction and venue of courts in Marion County, Indiana, should any dispute arise out of or relate to the use of this application. Use of this application is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

SEVERABILITY. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.

ENTIRE AGREEMENT. This agreement constitutes the entire agreement between you and DeskPort Technologies with respect to this application, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and DeskPort Technologies with respect to this application.

MODIFICATION OF THESE TERMS AND CONDITIONS. DeskPort Technologies, LLC reserves the right to modify these Terms and Conditions at any time by revising the terms and conditions herein, including, but not limited to, adding fees and/or charges for use. It is your responsibility to regularly review these terms and conditions. Such changes, modifications, additions or deletions shall be effective immediately upon posting on the DeskPort web site at http://www.deskport.biz , or by electronic or conventional mail. Continued use of this application following any such changes shall constitute your acceptance of such changes.