Cygnus WebFTP™ Terms and Conditions

Cygnus WebFTP™ is a site and service owned and operated by Cygnus Business Media ("Cygnus") to facilitate the transmission of large files among Cygnus employees and between Cygnus (including its divisions and affiliates) and Cygnus customers and others who have legitimate business with Cygnus.

Please read these terms and conditions carefully. Be sure that you understand and agree to all of these terms and conditions.

If any of these terms and conditions is not acceptable to you, you may not use Cygnus WebFTP™. You should instead transmit your file via another medium, such as sending a hard copy or an electronic medium copy via US Postal Service, Federal Express or another mail or express delivery service.

By using Cygnus WebFTP™ , you agree to the following terms and conditions:

1. These Terms and Conditions are Subject to Change. Cygnus reserves the right to change these terms and conditions at any time and from time to time by modifying the terms and conditions as posted on Cygnus WebFTP™. The changes will be effective and binding five business days after they are posted on this site, regardless of whether you have actually read them.
   
   
2. Proper Users and Uses of Cygnus WebFTP™. Cygnus WebFTP™ is intended solely for the transmission and receipt of large data files to and from Cygnus (and its employees) in the regular course of Cygnus' business operations
   
   If you are not a Cygnus employee, you will use Cygnus WebFTP™ solely for the purpose of transmitting and receiving files to and from Cygnus in connection with the regular operation of Cygnus' business. If you are a Cygnus employee, you will use Cygnus WebFTP™ solely for the purpose of transmitting and receiving files to and from other Cygnus employees or to and from other persons in connection with the regular operation of Cygnus' business.
   
   You may not use Cygnus WebFTP™ to send or receive files or other material that are not intended for use in connection with Cygnus' regular business. Please do not use Cygnus WebFTP™ to send personal or other files or material that do not pertain to Cygnus' regular business.
   
   
3. Cygnus WebFTP™ is Not a Secure Medium. Cygnus WebFTP™ is not an encrypted or otherwise secure electronic medium. If you wish or require that any of the files or material to be transmitted or received, or any of the content of any of those files, be in an encrypted or otherwise secure medium, please either send them via a secure non-electronic transmission medium (such as by sending a hard copy or an electronic medium copy via US Postal Service, Federal Express or another mail or express delivery service) or contact your company's own technology manager about arranging a secure electronic transmission.
   
   
4. Sending a File via Cygnus WebFTP™ is Not a Guarantee of Successful Transmission or Receipt. Although Cygnus WebFTP™ is intended to facilitate transmission of electronic files, use of Cygnus WebFTP™ does not assure that your intended recipient will receive or has received the file you have intended to transmit, or that your file has been received in good order. Please communicate with your intended recipient via another medium (e.g., telephone, fax or regular e-mail without attachments) if your want to confirm that the file you have transmitted has been received in good order by your intended recipient. Always retain copies of files you transmit via Cygnus WebFTP™.
   
   
5. Transmitting Content that Contains Intellectual Property. If any of the content in a file being transmitted is subject to a copyright, trademark, patent, privacy right, or other intellectual property right, your file must contain a specific notice or disclaimer that specifically identifies the material that is subject to such a copyright, trademark, patent, privacy or other intellectual property right.
   
   
6. You Will not Transmit Any Files with Viruses, etc. The files you transmit to Cygnus via Cygnus WebFTP™ must not contain any viruses, routines or protocols that may, intentionally or unintentionally, damage, interfere with, disrupt, overload, intercept, copy or misappropriate any computer systems, any electronic database or any other information or data, whether on Cygnus' or on any other party's computer systems, servers, networks or other equipment.
   
   
7. Bulk Mail. You may not use Cygnus WebFTP™ to send bulk mailings of any kind. For this purpose, a bulk mailing is an electronic transmission of the same or substantially similar content to ten or more addressees or to a list containing ten or more addressees.
   
   
8. Transmision of Obscene or Pornographic Material. You may not transmit via Cygnus WebFTP™ any content of an obscene or pornographic nature.
   
   
9. Transmission of Other Potentially Offensive Material. You may not transmit via Cygnus WebFTP™ any content which contains potentially offensive material unless you have received prior written or e-mail approval to do so from Cygnus' Director of Cygnus Interactive. Please direct requests for permission or other inquiries (without any attachments) to WebMaster@CygnusPub.com.
   
   Some examples of potentially offensive material are words or images which:
• display or promote sexually explicit materials or services
• use words or images of a sexual nature in a gratuitous or excessive manner
• use words or images of a violent nature in a gratuitous or excessive manner
• contain "hate" content
• promote or advocate discrimination based on race, gender, religion, national origin, disability or sexual orientation
• promote or advocate illegal activity
• encourage excessive or irresponsible use of alcohol, tobacco, firearms or drugs.
  
  
10. Unsolicited Submissions. Cygnus and its employees do not accept or acknowledge receipt of unsolicited ideas or submissions, except that Cygnus Publications accepts (but does not acknowledge receipt of) Letters to the Editor for those Cygnus publications that regularly publish Letters to the Editor. Please do not use Cygnus WebFTP™ to transmit any unsolicited creative, technology or other materials. If, despite this notice, you send any unsolicited materials to anyone at Cygnus, Cygnus will not (a) return your submission, (b) treat your materials as proprietary to you, or (c) assure you that you will be credited or paid if your ideas or submission are used by Cygnus.
    
    
11. Cygnus Reserves the Right to Limit or Restrict Uses and Users. Cygnus reserves the right, in Cygnus' sole discretion, to limit or restrict particular uses of Cygnus WebFTP™, and also reserves the right to limit or restrict particular users or groups of users from using Cygnus WebFTP™. For example, and without limitation, Cygnus may restrict uses or users which or who violate these terms and conditions, abuse this site or the service Cygnus WebFTP™ provides, or may overload or damage the facilities by which Cygnus WebFTP™ functions.
    
    
12. Indemnity. You agree to indemnify, defend and hold harmless Cygnus (and its divisions, affiliates, officers, directors, employees and agents) from and against any and all claims, suits, actions or other proceedings based upon or arising from any claim that (x) any material you have transmitted via Cygnus WebFTP™ infringes on the copyright, trademark, patent or other intellectual property right of any third party, or (y) you have otherwise breached any of these terms and conditions. This indemnity includes but is not limited to the payment of all costs, damages and expenses, including but not limited to reasonable attorneys' fees.
    
    
13. Legal Notices. Cygnus provides this site and service free and "as is" to persons and entities who have legitimate business communicating with Cygnus and its employees. Cygnus disclaims any and all warranties and conditions, express or implied, and including but not limited to any warranty of fitness for a particular purpose.
    
    In no event shall Cygnus or any of its affiliates be liable for any lost profits, or any special, incidental or consequential damages arising out of or in connection with this site or service, or your use of this site of service. And in the event Cygnus or any of its affiliates be held liable to you or to any third parties, the aggregate amount of the liability of Cygnus and all of its affiliates to you, regardless of the amount of actual or other damages you may claim and regardless of the number of claims you may have, shall be limited to One Hundred Fifty Dollars ($150.00).
    
    In the event of any dispute, claim or controversy arising out of or relating to these terms and conditions or the use of Cygnus WebFTP™ will be settled by binding arbitration in Wisconsin in accordance with the commercial arbitration rules of the American Arbitration Association, and the arbitrator's award may be entered as a judgment in the courts of Wisconsin or in any other court of competent jurisdiction. The arbitrator shall not under any circumstance modify or alter the terms of these terms or conditions, or grant any award for special, incidental or consequential damages.
    
    Notwithstanding the preceding paragraph, to the extent any party may have a claim for a violation or threatened violation of copyright, trademark, patent or other intellectual property rights, the party claiming to be injured shall have the right to seek injunctive or other equitable relief (but not money damages) in the courts of Wisconsin or in any other court of competent jurisdiction.
    
    You consent to the jurisdiction of the courts of Wisconsin for purposes of the agreement contained in these terms and conditions.
    
    
14. Coypright and Trademark Notices.
    
    Cygnus WebFTP™ is a trademark of Cygnus Business Media, Inc.
    Coypright © 2001, Cygnus Business Media, Inc. All rights reserved.
    
    
15. Inquiries. If you have any technical questions or problems, please contact Support@CygnusPub.com. Other inquiries should be directed to WebMaster@CygnusPub.com.