*
USERNAME:
*
PASSWORD:
*
As a Registered User of Law Net News, I agree to the Terms of Use set forth below.
New Subscribers
and
ACC Members
, Your Username is your Email Address
CLICK HERE
for Username or Password help.
Terms and Conditions of Use of LawNetNews.com May 7, 2004 YOUR USE OF THIS WEB SITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS. This Web site, LawNetNews.com (the "Web Site"), is a service made available by Law Via Net Publishing LLC and all content and information provided on and through the Web Site ("Content") may be used solely under the following terms and conditions ("Terms of Use"). 1. Acceptance of Terms of Use. ----------------------------- The following are terms of a legal agreement (the "License") by and between Law Via Net Publishing LLC, having a business address at 99 High Street, 20th Floor, Boston, MA 02110 ("Law Via Net"), and any individual or entity ("User") accessing, browsing or using this LawNetNews.com web site (sometimes referred to as "Law Net News"). When you access, browse and/or use this Web Site, you represent that you are authorized to do so at that time, acknowledge that you have read, understood, and agree to be bound by these Terms of Use and to comply with all applicable laws and regulations, including United States export and re-export control laws and regulations. All use of this Web Site is non-exclusive, non-transferable and limited by the terms of this License. If you do not agree to these terms, you may not use this Web Site. This Web Site is controlled and operated by Law Via Net from its offices at Boston, Massachusetts. Access to Law Net News from other jurisdictions where their contents are illegal is prohibited. Any claim relating to this Web Site, and the use of this Web Site, and the materials contained herein shall be brought in and governed by the laws of the Commonwealth of Massachusetts. 2. Web Site License. ------------------- As a User of this Web Site you are granted a nonexclusive, nontransferable, revocable, limited license to access and use the Web Site and to review its Content in accordance with these Terms of Use. Intellectual property laws protect original material that we post on this site. You are hereby granted a non-exclusive license to use the Content, but only while accessing this site, and subject to the Terms of Use. 3. Not a Legal Service. ---------------------- This Law Net News web site and any services provided are not intended to be a source of advertising, solicitation, or legal advice, thus the User (i) should not consider this information to be an invitation for an attorney-client relationship; (ii) should not rely on the Content provided herein as legal advice; and (iii) should always seek the advice of competent counsel. Law Net News is a publication of Law Via Net Publishing LLC, a limited liability company affiliated with Murtha Cullina LLP, a New England law firm. Law Net News reports on news relating to current developments in environmental law and regulation. The publication of this information may be considered a law-related service, but it is not a legal service and does not constitute legal advice. Subscribing to Law Net News or use of this Web Site does not create an attorney-client relationship between the subscriber and Murtha Cullina LLP. If you or your company is a client or former client of Murtha Cullina LLP, you should not consider any information on this Site to be advice with respect to your specific case, situation or circumstance. 4. Unsubscribe. -------------- Any User may, at its discretion, unsubscribe to the services provided by Law Net News in writing to editor@lawnetnews.com. Any User who requests to unsubscribe shall immediately terminate their password and use of the Web Site. Users that unsubscribe are not entitled to any refund of any subscription fees paid to Law Net News, if any, except as may be refunded by Law Net News pursuant to any subscription agreement. If no subscription agreement exists by and between User and Law Net News, then any refund shall be at the sole discretion of Law Net News. 5. Disclaimer of Warranties and Limitation of Liability. ------------------------------------------------------- The User agrees that the use of the Web Site is at the User's sole risk. Law Via Net and its editors make no warranty that the service will be uninterrupted, or free of any computer virus or error, nor does Law Via Net make any warranty as to the accuracy or reliability of the Content provided through the Web Site. The services and Content provided to the Users on the Web Site are on an "as is, with all faults" basis, without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability or fitness for a particular purpose. Law Net News does not warrant THAT THE FUNCTIONS CONTAINED IN THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEB SITE OR THE SERVER(S) THAT MAKES THE WEB SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Law Net News DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OFTHE USE OF THE CONTENT ON THE WEB SITE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. USER (AND NOT LAW VIA NET) ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL LAW NET NEWS BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE CONTENT ON THE WEB SITE, EVEN IF LAW NET NEWS OR AN AUTHORIZED REPRESENTATIVE OF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Law Via Net and its editors disclaim all, and by using this Web Site, the Users agree that Law Via Net and its editors shall have no responsibility or liability, contingent or otherwise, for any injury or damages, from any cause, including but not limited to, access or use or inability to access or use this or other linked web sites, and Law Via Net and its editors shall not be liable for any lost profits, losses, punitive, indirect, special, incidental or consequential damages, including, but not limited to lost or damaged data, hardware or software or any other injury or damage associated with reliance on any material published, infecting or contained in this or any linked web sites. If the foregoing limitations are held to be unenforceable, Law Net News' liability for damages under this License to any User or any other person shall in no event exceed the greater of one hundred ($100) dollars or the actual amount of fees paid by a User for a one-year subscription to this Web Site, regardless of whether such claim is based on contract, warranty, tort, infringement or otherwise. 6. Links to Third Party Web Sites. --------------------------------- Links to third party web sites on this Web Site are provided solely as a convenience to Users and the inclusion of such links is not a referral and does not imply an endorsement of them or their content. Law Net News does not control and is not responsible for any of these third party web sites or the accuracy or reliability of any information, data, opinions, advice or statements made on these web sites. Any reference made by the Web Site to any specific commercial product, process, or service (or provider of such product, process or service) by trade name, trademark, hyperlink, or otherwise, does not constitute or imply an endorsement, recommendation, or favoring by Law Net News. Information, news and materials on the Web Site may be provided by third parties and Users, and any opinions, advice, statements, services, offers or other information expressed or made available by third parties, including information providers, users or others, are those of the respective author(s) or distributor(s) and do not necessarily state or reflect those of Law Net News. Thus, Law Net News does not make any representations about them, or any information, software or other products or materials found therein, or any results that may be obtained from using them. Users that decide to access any of the third party sites linked to this Web Site, do so at their own risk. 7. Copyright and Trademark Use Restrictions. ------------------------------------------- a. Copyrights. The majority of the information on or linked to this Web Site is public information provided by various government agencies. Law Net News makes no claim of copyright in any government works. The copyright in all private information, artwork, text, audio, or pictures (collectively "Material or Materials") provided on this Web Site are held by the Law Via Net or by the original creator of the Material and is protected by copyright laws, all rights reserved. Except as stated herein, none of the copyrighted Material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Law Via Net or the copyright owner. Law Via Net grants permission to its Users to copy, use and download the Materials on this Web Site for educational and personal use only; notwithstanding, Law Via Net encourages Users to share any articles or references they find on this Web Site to further discussions with colleagues, provided however, Users do not modify the Materials and that you retain all copyright and other proprietary notices contained in the Materials. No permission is granted to use Material from this Web Site for commercial use. Users agree to not share personal or company passwords or access to the Web Site itself without Law Via Net's express written permission. Users also may not, without the express written permission of Law Net News, mirror any Material contained on this Web Site on any other server. Permission to use this Web Site or Materials, terminate automatically if such User breaches any of the terms or conditions of this License. Upon termination, the User must immediately destroy any downloaded and printed Materials. Any unauthorized use of any Material contained on this Web Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. b. Trademarks. The trademarks, service marks, and logos (collectively "Trademarks") used and displayed on this Web Site are registered and/or unregistered Trademarks of the Law Net News and/or others. Nothing on this Web Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Web Site, without the prior written permission of the Trademark owner. The Law Net News aggressively enforces its intellectual property rights to the fullest extent of the law. The name of the Law Net News or the Law Net News logo may not be used in any way, including in advertising or publicity pertaining to distribution of Materials on this Site, without prior written permission of Law Net News. c. Notice And Procedure For Making Claims Of Copyright Infringement. Pursuant to the Digital Millennium Copyright Act, Pub. Law 105-304, Title 17, United States Code, Section 512(c)(2) (1998), notifications of claimed copyright infringement should be sent to the Law Net News's Designated Agent as provided below. To notify Law Net News that your rights in copyrighted material may have been infringed upon, please contact: David Blackmar, Esquire Law Net News c/o Murtha Cullina LLP 99 High Street Boston, MA 02110-2320 e-mail (preferred): editor@lawnetnews.com Phone: (617) 457-4121 Attorney Blackmar is the agent designated under the Digital Millennium Copyright Act, Pub. Law 105-304, 17 U.S.C. 512 (c)(2) (1998), (the "Designated Agent") to receive notices of infringement on this Site. Please note that a notice of infringement must comply with the requirements of 17 U.S.C. 512 (c)(3). For further information, contact the United States Copyright Office at http://lcweb.loc.gov/copyright. d. Termination Policy for Repeat Infringers. As required by the Digital Millennium Copyright Act, Pub. Law 105-304, 17 U.S.C. 512 (i)(1)(A) (1998), Law Net News has adopted and implemented a policy that provides for the termination in appropriate circumstances of Users, subscribers and account holders of the Law Net News's Web Site who are repeat infringers, as follows: When, after notifications of claims of infringement pursuant to 17 U.S.C. 512 (c)(3) and the conclusions of the counter-notice procedures and/or court actions, if any, provided for by 512, it is established to the sole satisfaction of the Editor-in-Chief of the Law Net News that a Web Site User has, while a subscriber, engaged in a third act of unauthorized use of copyrighted material or other infringing activity in violation of the copyright laws, his or her subscription shall be terminated immediately. All re-applications for subscriptions by a terminated Web Site subscriber shall be considered on a case-by-case basis. Pursuant to 17 U.S.C. 512 (i)(1)(A), this posting constitutes notice to Users and subscribers to this Site of the foregoing policy. Law Net News reserves the right to release the names of current or past Users or subscribers if Law Via Net believes that such User or subscribers' account is being used to commit unlawful acts. Such release of User's name may be done in responding to subpoenas, court orders, other legal proceedings or as otherwise required. 8. Children's Online Privacy Protection Act. ------------------------------------------ The Web Site is directed to adults and is not directed to children under the age of 13. Law Net News cannot prohibit minors from visiting the Web site. Law Net News must rely on parents, guardians and those responsible for supervising children under 13 to decide which materials are appropriate for such children to view and/or purchase. Law Net News complies with the Children's Online Privacy Protection Act and does not permit registration by and will not knowingly collect personally identifiable information from anyone under the age of 13. 9. Indemnification. ----------------- The Content provided on the Web Site provided by Law Via Net is intended for general information use only. Uers agree to hold harmless, indemnify, and defend Law Via Net, its officers, directors, employees and agents, and any third party information providers to the Web Site from and against all losses, expenses, damages and costs, including attorneys' fees, resulting from any violation of this License (including negligent or wrongful conduct) by you or your use and access of the Web Site. 10. Waiver. ---------- No failure or delay on the part of any party in exercising any right or remedy provided in this License shall operate as a waiver thereof; nor shall any single or partial exercise of or failure to exercise any such right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy under this License. 11. Governing Law; Venue. ------------------------ This License is governed by the laws of the Commonwealth of Massachusetts without regard to its conflict of laws principles. Users consent to the jurisdiction and venue in the state and federal courts sitting in Boston, Massachusetts. © LawViaNet Publishing, LLC. 2004 All Rights Reserved.