When you access this site, you acknowledge that you have read and agree to abide by the terms described below. If you do not agree to the terms discussed here, you should exit this site now.

Copyright:

Everything on this site is copyrighted. The copyrights are owned by the Deming Electronic Network (DEN). or the original creator of the material. However, you are free to view, copy, print and distribute DEN *documents* from this site, as long as:

• 1. The material is used for information only.
• 2. The material is used for non-commercial purposes only and will not be copied or posted on any network computer or broadcast in any media.
• 3. No modifications of any Documents are made.
• 4. Copies of any material include the DEN's copyright notice.

NOTE: Documents are herein defined as papers, essays, files, programs, or other formats housed within the DEN web structure.

Documents specified above do not include the design or layout of the the DEN website. Elements of the DEN websites are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any the DEN website may be copied or retransmitted unless expressly permitted by the DEN.

Use of Content:

The DEN authorizes you to view or download a single copy of the material on the DEN site solely for your personal, noncommercial use if you include the following copyright notice: "Copyright 1995-2000 Deming Electronic Network. All rights reserved" and other copyright and proprietary rights notices which were contained in the Content.

To reproduce, republish, upload, post, transmit, modify, distribute or publicly perform or display material from this site, you must first obtain written permission from the DEN. You may view and download material from this site for your personal, educational, or non-commercial home use only. Any special rules for the use of certain software and other items provided on the DEN site may be included elsewhere within the Site and are incorporated into these Terms and Conditions by reference.

The Content is protected by copyright under both United States and foreign laws. Title to the Content remains with the DEN or its licensors. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of the DEN. All rights not expressly granted herein are reserved to DEN and its licensors.

If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.

Discussion List:

If you participate in any discussion lists, chat rooms, bulletin boards within the site, you agree to not:

• defame, abuse, harass or threaten others;
• make any bigoted, hateful or racially offensive statements;
• advocate illegal activity or discuss illegal activities with the intent to commit them;
• post or distribute any material that infringes and/or violates any right of a third party or any law;
• post or distribute any vulgar, obscene, discourteous or indecent language or images;
• advertise or sell to, or solicit others;
• post or distribute any software or other materials which contain a virus or other harmful component; or
• post material or make statements that do not generally pertain to the designated topic or theme of any list,
• chat room or bulletin board.

The DEN reserves the right to remove or edit messages or material submitted by you. By communicating with the DEN or participating in any forum in the site you grant the DEN an irrevocable, transferable and worldwide right to use, reproduce, display, distribute, sublicense, any information, suggestions, ideas, drawings or concepts communicated to the DEN for any purpose the DEN chooses, commercial, public or otherwise, without any compensation to you whatsoever.

Contributions:

By posting, uploading, inputting, providing or submitting your submission you warrant and represent that you own or otherwise control all of the rights to your submission, without limitation, all the rights necessary for you to provide, post, upload, input or submit the submission.

Links:

The DEN contains links to third-party sites, but is not responsible for the content of any linked sites. The DEN provides these links as a convenience and does not endorse the companies or contents of any linked sites.

Children's Privacy:

We are committed to protecting the privacy of children. You should be aware that this Site is not intended or designed to attract children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13.

Disclaimer of Warranties and Damages; Limitation of Liability

The DEN makes no representation that the materials contained in the site are appropriate or authorized for use in all countries, states, provinces, county or any other jurisdictions. If you choose to access this site, you do so on your own initiative and risk and are responsible for compliance with all applicable laws.

THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ABC VENTURE AND LICENSORS DISCLAIM ALL WARRANTIES , EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE DEN AND LICENSORS DO NOT WARRANT OR REPRESENT THAT THE INFORMATION CONTAINED IN THE SITE IS ACCURATE, COMPLETE, CORRECTLY SEQUENCED, RELIABLE OR TIMELY, OR THAT THE SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS AND/OR VIRUSES. YOU USE THE SITE AT YOUR SOLE RISK.

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT OR NEGLIGENCE, WILL ABC VENTURE, RELATED PARTIES, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS ) THAT ARISE OUT OF OR IN CONNECTION WITH ANY ERRORS, INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS OR UNAUTHENTICITY OF ANY CONTENT IN THE SITE, OR THE USE OR INABILITY TO USE THIS SITE OR ANY CONTENT THEREIN. IN NO EVENT SHALL THE DEN, RELATED PARTIES' AND LICENSOR'S AGGREGATE LIABILITY TO YOU FOR ANY LOSS, DAMAGE OR CLAIM RELATED TO OR ARISING OUT OF THIS SITE EXCEED THE TOTAL AMOUNTS PAID BY YOU TO THE DEN FOR ACCESSING THIS SITE, IF ANY.

Jurisdiction:

You expressly agree that exclusive jurisdiction for any dispute with the DEN, or in any way relating to your use of the DEN site, resides in the courts of the State of South Carolina and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of South Carolina in connection with any such dispute including any claim involving the DEN or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.

These Terms and Conditions are governed by the internal substantive laws of the State of South Carolina, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Termination:

This agreement is effective until terminated by the DEN for any reason, with or without notice. Upon any termination of this agreement, you will immediately discontinue your use and access of the site and destroy all materials obtained from it.

Updates

The DEN may amend or modify this Agreement or impose new conditions at any time upon inclusion of a notice on the site signifying that this agreement has been updated. Any use of the site by you after such update shall be deemed to constitute acceptance by you of such amendments, modifications or new conditions.

Notice and Procedure for Making Claims of Copyright Infringement:

It is the policy of the DEN to respond to claims of intellectual property infringement. The DEN will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA") and other applicable intellectual property laws. Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to a Service Provider's Designated Agent.

Notification must be submitted to the following Designated Agent for this site:

Service Provider(s): BreakThrough Systems
Name of Agent Designated to Receive Notification of Claimed Infringement: Jim Clauson
Full Address of Designated Agent to Which Notification Should Be Sent:
214 Woodland Drive, Suite 400
Kingston, TN 37763-7211, U.S.A.
Telephone Number of Designated Agent: +1.865.717.0250
Fax Number of Designated Agent: +1.865.717.0250
E-mail Address of Designated Agent: clauson@deming.ces.clemson.edu

To be effective, the notification must be a written communication that includes the following:

• 1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• 2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• 3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
• 4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
• 5. 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;
• 6. 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.

These Terms and Conditions constitute the entire agreement between you and the DEN with respect to the use of the DEN site, and content. Your use of the DEN site is also subject to the DEN Privacy Policy.

Thank you for your cooperation. We hope you find the DEN Site helpful and convenient to use! Questions or comments regarding this website should be directed by electronic mail to clauson@deming.ces.clemson.edu.

Copyright 1999-2000, The Deming Electronic Network, All Rights Reserved