VIOLATIONS OF SYSTEM OR NETWORK SECURITY
Violations of system or network security are prohibited, and may result in criminal and civil liability. Bixler may investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Examples of system or network security violations include, without limitation, the following:
- Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network.
- Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network.
- Interference with service to any user, host or network including, without limitation, mailbombing, flooding, deliberate attempts to overload a system and broadcast attacks.
- Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting.
Violators of the policy are responsible, without limitations, for the cost of labor to clean up and correct any damage done to the operation of the network and business operations supported by the network, and to respond to complaints incurred by Bixler. Such labor is categorized as emergency security breach recovery and is currently charged at $250 USD per hour per resource required. Enquiries regarding security matters may be directed to Technical Serivces at [email protected]. Bixler is concerned with the privacy of online communications and websites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, Bixler urges its customers to assume that all of their online communications are insecure. Bixler cannot take responsibility for the security of information transmitted over Bixler's facilities, networks, computer servers and systems.
RESTRICTIONS ON USE OF MATERIALS
This site is owned and operated by Bixler. No material from the site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except that you may download one copy of the materials on any single computer for your non-commercial use only, provided that you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of Bixler's copyright and other proprietary rights. The use of any such material on any other website or networked computer environment is prohibited. Except as otherwise indicated on this site and except for the trademarks, service marks and trade names of other companies that are displayed on this site, all trademarks, service marks and trade names are proprietary to Bixler.
Bixler retains full and complete title to the software that supports this website, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the software to a human-perceivable form.
SERVICE DELAYS AND INTERRUPTIONS
BIXLER SHALL NOT BE LIABLE FOR ANY LOSS OF DATA RESULTING FROM DELAYS, CORRUPTION OF DATA, NONDELIVERIES, MISDELIVERIES OR SERVICE INTERRUPTIONS. CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE AND SUITABILITY OF BIXLER SERVICES, AND BIXLER SHALL HAVE NO LIABILITY THEREFOR. EXCEPT TO THE EXTENT OF BIXLER’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, NEITHER BIXLER NOR ITS NETWORK SERVICES SUPPLIER WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO BIXLER’S OR CUSTOMER'S TRANSMISSION FACILITIES OR PREMISE EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER'S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF BIXLER’S OR ITS NETWORK SERVICE SUPPLIER'S NEGLIGENCE.
USE OF BIXLER SERVICES OR ANY INFORMATION THAT MAY BE OBTAINED THEREFROM, INCLUDING BUT NOT LIMITED TO THIS website, IS AT CUSTOMER'S OWN RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS, AND CUSTOMER'S USE OF THE SERVICES IS AT ITS OWN RISK. BIXLER DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL OTHER EXPRESS AND/OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. BIXLER DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.
LIMITATION OF LIABILITY
Under no circumstances, including, but not limited to, negligence, shall Bixler be liable for any special or consequential damages that result from the use of, or the inability to use, Bixler websites or hosting facilities including data networks, even if Bixler or a Bixler authorized representative has been advised of the possibility of such damages. In no event shall Bixler have any liability to you for damages, losses and causes of action (whether in contract, tort (including, but not limited to, negligence), or otherwise).
All claims, disputes or disagreements which may arise out of the interpretation, performance or in any way relating to your use of this site and any and all other Bixler site(s), shall be submitted exclusively to the jurisdiction of the State or federal courts located in the Commonwealth of Virginia.