Thomas (WEBSITE DESIGN & MANAGEMENT) Important Notices

All contents copyright © Thomas 2004
All rights reserved.

No portion of this service may be reproduced, modified or extended in any form, or by any means, without prior written permission from Thomas (WEBSITE DESIGN & MANAGEMENT)

1. Rules and Regulations.

The following rules and regulations apply to all visitors to or users of this Web Site. By accessing this Web Site, user acknowledges acceptance of these terms and conditions. Thomas (WEBSITE DESIGN & MANAGEMENT) ("Thomas") reserves the right to change these rules and regulations from time to time at its sole discretion. In the case of any violation of these rules and regulations, Thomas reserves the right to seek all remedies available by law and in equity for such violations. These rules and regulations apply to all visits to the Thomas Web Site, both now and in the future.

2. Domain Name Conditional Use Agreement and Authorization of Service.

By permitting Thomas to take over this domain from its original state, either implied consent, suggestion, written or verbal authorization, you permit Thomas to publish and maintain this Web Site on your domain for your organization. You hereby agree to allow Thomas to retain full authorization credentials and or passwords necessary to access any or all parts of the domain in order to completely control the content that is created for your organization on such domain or any future domains that may be considered a product of this Web Site's creation. If your domain is not available for any reason, we may decide, in our sole discretion, to terminate your Service or transfer your website account to a third party hosting provider. If you transfer your domain name record to a third party registrar or registrant, or allow your domain name registration to expire, you may no longer be able to use the service or have access to your account information. We will make every attempt possible to acquire your domain name in order to host your site with as little service interruption as possible. A specific user account has been created for you to access your email accounts and a password to that account. That password will remain in your possession (you are encouraged to change this password after the site's creation and initial posting). Special, specific accounts such as "WEBMASTER" and other similar accounts pointing to THOMAS have been created to maintain full functionality of this Web Site and shall remain the sole possession of THOMAS and may not at anytime be altered or removed. You may add user email accounts, but may not permit any control over any Web Site content without written permission and/or a binding contract between your organization and Thomas. We may change the design, account controls, privacy notices, legal terms, programs or products mentioned at any time without notice. We may attempt to notify you of such changes, but you are encouraged to check for updates often.

AT NO TIME ARE YOU ALLOWED TO CHANGE ANY OF THE CONTROLS, USER ACCOUNTS OR PASSWORDS THAT MAY BE REQUIRED TO ACCESS THIS DOMAIN WITHOUT PRIOR WRITTEN AUTHORIZATION FROM THOMAS UNLESS OTHERWISE STATED ABOVE. YOU AGREE TO ALLOW THOMAS TO KEEP AND MAINTAIN THIS WEBSITE ON YOUR DOMAIN AND YOU MAY NOT REPLACE THIS WEBSITE WITH ANOTHER WITHOUT FIRST OBTAINING PRIOR WRITTEN CONSENT FROM THOMAS WHICH MAY REQUIRE A CONTRACTUAL AGREEMENT BINDING YOU TO PAYMENT IN FULL BEFORE SUCH RELEASE AS STATED ABOVE. BY ALLOWING THOMAS TO PUBLISH THIS SITE, YOU UNDERSTAND THAT YOU HAVE GIVEN THOMAS FULL RIGHTS TO THE CONTENT THAT IS PUBLISHED ON IT. THE DOMAIN OWNER MAY BE ABLE TO RETAIN ITS LEGITIMATE OWNERSHIP UNLESS IT BREACHES CONTRACT AS STATED HERE WITHIN OR THROUGH ANY HOSTING AGREEMENT, OTHERWISE THOMAS WILL BE PERMITTED FREE AND CLEAR CONTROL OF THIS WEBSITE AND OR DOMAIN SERVICES. SHOULD YOUR DOMAIN NAME EXPIRE OR OTHERWISE BECOME AVAILABLE YOU AUTHORIZE THOMAS TO REGISTER AND HOST YOUR SITE ON YOUR BEHALF AT WHICH TIME YOU MAY BE REQUIRED TO OBTAIN A CONTRACT.

3. Limited License.

Thomas hereby DOES NOT authorize you to copy, modify or reproduce materials published by Thomas on this Web Site for use within your organization or other affiliated parties (unless you are a Thomas Partner) without first obtaining a written permission or binding contract. No other use of the information is authorized. In consideration of this authorization, you agree that any copy of these materials which you make shall retain all copyright and other proprietary notices in the same form and manner as on the original. Unless otherwise specified above, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark or copyright of Thomas or any third party.

ALL CONTENTS ON THIS SITE ARE PROTECTED BY COPYRIGHT. EXCEPT AS SPECIFICALLY PERMITTED HEREIN, NO PORTION OF THE INFORMATION ON THIS WEB SITE MAY BE REPRODUCED, MODIFIED, EXTENDED IN ANY FORM, OR BY ANY MEANS, WITHOUT PRIOR WRITTEN PERMISSION FROM THOMAS. VISITORS OR USERS ARE NOT PERMITTED TO MODIFY, DISTRIBUTE, PUBLISH, TRANSMIT OR CREATE DERIVATIVE WORKS OF ANY MATERIAL FOUND ON THIS SITE FOR ANY PUBLIC OR COMMERCIAL PURPOSES.

Copyright Law of the United States of America

§ 501. Infringement of copyright
(a) Anyone who violates any of the exclusive rights of the copyright owner as provided by sections 106 through 122 or of the author as provided in section 106A(a), or who imports copies or phonorecords into the United States in violation of section 602, is an infringer of the copyright or right of the author, as the case may be. For purposes of this chapter (other than section 506), any reference to copyright shall be deemed to include the rights conferred by section 106A(a). As used in this subsection, the term “anyone” includes any State, any instrumentality of a State, and any officer or employee of a State or instrumentality of a State acting in his or her official capacity. Any State, and any such instrumentality, officer, or employee, shall be subject to the provisions of this title in the same manner and to the same extent as any nongovernmental entity.
(b) The legal or beneficial owner of an exclusive right under a copyright is entitled, subject to the requirements of section 411, to institute an action for any infringement of that particular right committed while he or she is the owner of it. The court may require such owner to serve written notice of the action with a copy of the complaint upon any person shown, by the records of the Copyright Office or otherwise, to have or claim an interest in the copyright, and shall require that such notice be served upon any person whose interest is likely to be affected by a decision in the case. The court may require the joinder, and shall permit the intervention, of any person having or claiming an interest in the copyright.
(c) For any secondary transmission by a cable system that embodies a performance or a display of a work which is actionable as an act of infringement under subsection (c) of section 111, a television broadcast station holding a copyright or other license to transmit or perform the same version of that work shall, for purposes of subsection (b) of this section, be treated as a legal or beneficial owner if such secondary transmission occurs within the local service area of that television station.
(d) For any secondary transmission by a cable system that is actionable as an act of infringement pursuant to section 111(c)(3), the following shall also have standing to sue: (i) the primary transmitter whose transmission has been altered by the cable system; and (ii) any broadcast station within whose local service area the secondary transmission occurs.
(e) With respect to any secondary transmission that is made by a satellite carrier of a performance or display of a work embodied in a primary transmission and is actionable as an act of infringement under section 119(a)(5), a network station holding a copyright or other license to transmit or perform the same version of that work shall, for purposes of subsection (b) of this section, be treated as a legal or beneficial owner if such secondary transmission occurs within the local service area of that station.
(f)(1) With respect to any secondary transmission that is made by a satellite carrier of a performance or display of a work embodied in a primary transmission and is actionable as an act of infringement under section 122, a television broadcast station holding a copyright or other license to transmit or perform the same version of that work shall, for purposes of subsection (b) of this section, be treated as a legal or beneficial owner if such secondary transmission occurs within the local market of that station.
(2) A television broadcast station may file a civil action against any satellite carrier that has refused to carry television broadcast signals, as required under section 122(a)(2), to enforce that television broadcast station's rights under section 338(a) of the Communications Act of 1934.

§ 506. Criminal offenses
(a) Criminal Infringement. — Any person who infringes a copyright willfully either —
(1) for purposes of commercial advantage or private financial gain, or
(2) by the reproduction or distribution, including by electronic means, during any 180-day period, of 1 or more copies or phonorecords of 1 or more copyrighted works, which have a total retail value of more than $1,000,
shall be punished as provided under section 2319 of title 18, United States Code. For purposes of this subsection, evidence of reproduction or distribution of a copyrighted work, by itself, shall not be sufficient to establish willful infringement.
(b) Forfeiture and Destruction. — When any person is convicted of any violation of subsection (a), the court in its judgment of conviction shall, in addition to the penalty therein prescribed, order the forfeiture and destruction or other disposition of all infringing copies or phonorecords and all implements, devices, or equipment used in the manufacture of such infringing copies or phonorecords.
(c) Fraudulent Copyright Notice. — Any person who, with fraudulent intent, places on any article a notice of copyright or words of the same purport that such person knows to be false, or who, with fraudulent intent, publicly distributes or imports for public distribution any article bearing such notice or words that such person knows to be false, shall be fined not more than $2,500.
(d) Fraudulent Removal of Copyright Notice. — Any person who, with fraudulent intent, removes or alters any notice of copyright appearing on a copy of a copyrighted work shall be fined not more than $2,500.
(e) False Representation. — Any person who knowingly makes a false representation of a material fact in the application for copyright registration provided for by section 409, or in any written statement filed in connection with the application, shall be fined not more than $2,500.
(f) Rights of Attribution and Integrity. — Nothing in this section applies to infringement of the rights conferred by section 106A(a).

4. Compliance With Applicable Laws; Export Control Laws.

User access to this Web Site is governed by all applicable federal, state and local laws. All information available on the Web Site is subject to U.S. export control laws and may also be subject to the laws of the country where you reside.

All Thomas products and publications are commercial in nature. Use duplication, or disclosure by the United States Government is subject to the restrictions set forth in DFARS 252.227-7015 and FAR 52.227-19.

5. Trademarks.

The trademarks, logos and service marks ("Marks") displayed on this Web Site are the property of Thomas or other third parties. Users are not permitted to use these Marks without the prior written consent of Thomas or such third party which may own the Mark. "Thomas" is the trademark of Thomas (WEBSITE DESIGN & MANAGEMENT)

6. General Disclaimer.

Although Thomas has attempted to provide accurate information on the Web Site, Thomas assumes no responsibility for the accuracy of the information. Mention of non-Thomas products or services is for information purposes only and constitutes neither an endorsement nor a recommendation.

ALL INFORMATION PROVIDED ON THIS WEB SITE IS PROVIDED "AS IS" WITH ALL FAULTS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. THOMAS AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

THOMAS AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE OR ANY THOMAS PRODUCT, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF THOMAS OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7. Links to Third Party Sites.

This Web Site may contain links to third party sites. Access to any other Internet site linked to this Web Site is at the user's own risk and Thomas is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on these sites. Thomas provides these links merely as a convenience and the inclusion of such links does not imply an endorsement.

8. Access to Password Protected/Secure Areas.

Access to and use of password protected and/or secure areas of the Web Site is restricted to users determined as "authorized" by Thomas only. Unauthorized individuals attempting to access these areas of the Web Site or domain may be subject to prosecution.

If you have any questions regarding the use of this site, it's legal statements or need any assistance from Thomas you are encouraged to email us at webmaster@silvergrille.com