nGenera^® Terms of Use

Last updated March 15, 2010

These Terms of Use and nGenera® Corporation's Privacy Policy (located at http://www.ngenera.com) govern your activity on nGenera’s website. These Terms of Use apply to all portions and uses of the nGenera website, including general use of the website, use of nGenera’s RSS feed service, use and access to nGenera InsightTM member program materials as well as interactive portions of the website, and use and conduct on the sections of the website where you are permitted to post information or otherwise interact with other website users. We reserve the right to modify these Terms of Use at any time by posting the modified terms on the nGenera website. By using any portion of the nGenera website, you signify your acceptance and agreement with these terms, both for yourself as an individual and on behalf of your employer and any affiliated entities. Failure to abide by these terms may result in the suspension or termination of your right to access or participate on certain portions of the nGenera website.

Registration
Registration and login are required in order to: (i) view and access nGenera Insight program materials; (ii) post to any of the message boards and other interactive portions of the website; and (iii) adjust user settings. All information provided through the registration process will be handled by nGenera in accordance with nGenera's Privacy Policy.

Please keep in mind when choosing a display name that your display name will automatically appear with your posts on the website. Additionally, we may not allow a display name that is already being used by someone else, impersonates another person, infringes the intellectual property or other rights of any person, is vulgar or otherwise offensive, or that we do not permit for any other reason at our sole discretion.

In consideration of your use of the nGenera website, you agree that all information provided in your profile is accurate, true, current and complete.

nGenera Insight Program Members
nGenera will provide nGenera Insight program members (“Members”) with password-protected access to nGenera program materials and related documentation (“Program Materials”), to be delivered via the Internet at the website address www.members.ngenera.com, or such other applicable website address as is provided to Members (“Member Website”). Each of the Members use and access to the Member Website shall be limited to the term of the applicable Membership Agreement between nGenera and such Member. Members may use the Program Materials solely in accordance with the Membership Agreement and these Terms of Use.

nGenera shall own all right, title, and interest, including any associated intellectual property rights, in and to the Program Materials, including all modifications and improvements of the Program Materials, derivative works, and feedback related to the Program Materials and all intellectual property rights therein. Members shall continue to own all of their prior existing intellectual property in materials or content posted by them or otherwise referenced by them on the website.

Links Included in Content
If you post hypertext links to content hosted and maintained by third parties, these links will be subject to treatment like any other type of content posted to the nGenera website. You may not include a link in any message board or other portion of the nGenera website that directs users to any content or information that would itself violate these Terms of Use.

Linked sites are not under nGenera's control and your access to any linked website is at your own risk. When leaving the nGenera website using any link provided by a user, you should be aware that nGenera's terms and policies no longer govern, and, therefore, you should review the applicable terms and policies.

nGenera makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of sites accessible by hyperlink from the nGenera website. The ability to include links is provided only as a convenience to our users. The inclusion of any link does not imply any affiliation with or endorsement or adoption by nGenera of the linked website or any information contained on such website.

Rules of Conduct
By participating in any interactive portion of the nGenera website, including the posting of content, you agree that you will not upload, post, or otherwise transmit any content (including text, documents, material, links, communications, software, images, sounds, data, or other information) that:

(i) Is inconsistent with these Terms of Use, including, but not limited to, content that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, vulgar, profane, sexually explicit, obscene, offensive or otherwise objectionable;

(ii) Infringes or misappropriates any patent, trademark, trade secret, copyright, or other proprietary rights of any party;

(iii) Constitutes advertising or promotion, junk mail, “spamming,” chain letters, or any other form of unauthorized solicitation;

(iv) Knowingly contains software viruses, Trojan horses, worms, time bombs, trap doors, cancelbots or any other computer code or files that are designed to disrupt, damage, or limit the functioning of any software or hardware;

(v) Intentionally interferes with the operation of any portion of the nGenera website, including, but not limited to, mail or "post" bombing, news bombing, other flooding techniques, deliberate attempts to overload a system and broadcast attacks, or attempts to avoid messaging blocking;

(vi) Impersonates any person or entity, including an nGenera employee or forges any TCP-IP packet header, email header or any part of a message header; or

(vii) Suggests illegal activity or violates any applicable laws, including but not limited to U.S. export law.

Do not reveal information that you do not want to make public. Any personal information that you post can be obtained and used by others. Anything you post in any portion of the nGenera website, you post at your own risk. Moreover, your use the nGenera website at your own risk. In any online forum, like the interactive portions of the nGenera website, it is not possible to be sure that other users are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated.

You acknowledge and agree that anything you post may be displayed, referenced or connected by a hypertext link on other portions of the nGenera websites, including, but not limited to, the FAQ section of the main nGenera website. You acknowledge and agree that we may do this without first contacting you and without your permission.

Unless you have agreed otherwise in a separate written agreement with nGenera, nothing in these Terms of Use gives you a right to use any of nGenera’s trade names, trademarks, service marks, logos, domain names, or other brand features.

Digital Millennium Copyright Act
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides rights and recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you have a good faith belief that materials on nGenera’s website infringe your copyright, you may send nGenera a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the website are covered by a single notification, a representative list of such works); (iii) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow nGenera to locate the material on the website; (iv) the name, address, telephone number, and email address (if available) of the complaining party; (v) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Please be aware that there can be penalties for false claims under the DMCA. If you believe a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send nGenera a counter-notice. Notices and counter-notices must meet the current statutory requirements imposed by the DMCA. Notices and counter-notices with respect to DMCA claims should be sent to DMCA Copyright Notice, Barton Oaks II, 901 S. Mopac, Ste. 100, Austin, TX 78746.

Enforcement
nGenera generally does not screen, verify or edit any of the content that participants post in the interactive portions of the nGenera website, but reserves the right to do so at any time. nGenera reserves the right to investigate any violation of these Terms of Use and to take such remedial actions as nGenera may deem prudent or necessary in its sole discretion. nGenera has absolute discretion to enforce the terms of these Terms of Use, including, but not limited to, warning users of violations, disabling or suspending nGenera Community access and access to any other portion of the nGenera website, deleting, screening or editing any content, or prohibiting any behavior that does not comply with these Terms of Use or that is otherwise inappropriate for this website, objectionable.

nGenera may release information concerning your use of the nGenera (including posted content, registration information, and network records) when required to do by law or in the good faith belief that such action is necessary to: (i) conform to the edicts of the law or comply with legal process; (ii) protect and defend the rights or property of nGenera or its agents or contractors; or (iii) act in urgent circumstances to protect the personal safety of users in nGenera, its websites or the public.

To report violations of the Terms of Use, please write to the nGenera Administrator at info@ngenera.com. Please include the message board name, the post's subject, the post author display name, the link of the post in question and any other applicable information in your email.

Disclaimer of Warranties and Limitation of Liability
Much of the content posted to the interactive portions of the nGenera website is provided by third parties. All third-party content is the sole responsibility of the person originating that content. nGenera does not control, and is not responsible for this third-party content. You agree to indemnify and hold nGenera, and its subsidiaries, affiliates, officers, agents, and employees harmless from any claim, including reasonable attorneys fees, made by any third party due to or arising out of content you submit, post, transmit or make available through any interactive portion of the nGenera website, your use of the nGenera website, your violation of these Terms of Use, or your violation of any rights of another.

NGENERA DOES NOT WARRANT OR GUARANTEE THE ACCURACY, RELIABILITY, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR QUALITY OF ANY PROGRAM MATERIALS, OR OF ANY CONTENT ON ANY INTERACTIVE PORTION OF THE NGENERA WEBSITE, REGARDLESS OF WHO ORIGINATES THAT CONTENT. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOU BEAR ALL RISKS ASSOCIATED WITH USING OR RELYING ON THAT CONTENT. THE CONTENT IS OFFERED AS-IS AND ON AN AS-AVAILABLE BASIS. NGENERA WILL NOT BE LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY CONTENT POSTED ON OR LINKED FROM ANY INTERACTIVE PORTION OF THE NGENERA WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN OR THE UNTIMELINESS OF CONTENT, DEFAMATORY STATEMENTS, OR FOR ANY LOSSES OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF OR RELIANCE ON ANY CONTENT.