Terms of Use
By using this web site you agree to be bound by the terms
in this Terms of Use. You may print and keep a copy of this
Agreement. We may change our Terms of Use from time to time.
If we do make any changes, we will update this document
accordingly (the date of the most recent change is displayed
at the top of this document). It is your responsibility
to access this document whenever you visit this web site
to determine if there have been any changes to the terms
of the Terms of Use. By using this web site, you will be
indicating that you agree to be bound by the changes. If
you do not agree to be bound by the changes, you may not
use this web site. You are responsible for all statements
made and acts or omissions that occur while using this web
site. You may not use this web site for any unlawful purpose.
COPYRIGHT AND LIMITATIONS ON USE
The content and other intellectual property available through
this web site (including but not limited to articles, photographs,
images, illustrations, audio clips and video clips, software
and databases) are the property of Arch Wireless Holdings,
Inc. ("Arch") or its licensors and is protected by copyright
and other intellectual property laws. This web site is also
copyrighted as a collective work under United States copyright
law. Content received through this web site may be displayed
and printed for your personal, non-commercial use only.
You agree not to modify, reproduce, retransmit, distribute,
disseminate, sell, publish, broadcast, or circulate the
content received through this web site to anyone including,
but not limited to, others in the same company or organization
without the express prior written consent of Arch with this
one exception: You may, on an occasional and irregular basis,
disseminate an insubstantial portion of content from this
web site for a noncommercial purpose without charge and
transmitted in non-electronic form to a limited number of
individuals provided you include all copyright and other
proprietary rights notices with such portion of the content
in the same form in which the notices appear in this web
site, original source attribution, and the phrase "Used
with permission from Arch Wireless." You may not post any
content from this web site to newsgroups, mail lists, or
electronic bulletin boards without the prior written consent
of Arch.
INTERACTIVE FEATURES
This web site may provide interactive features. Participants
are responsible for their own communications and the consequences
of posting those communications. Participants agree that
they will NOT (and NOT permit others to) take the following
actions:
(a) use the interactive features
for any purpose in violation of local, state, or national
laws of any country;
(b) post material that is
copyrighted unless the participant is the copyright owner
or has the permission of the copyright owner to post it
in accordance with the terms of this agreement. The participant
is responsible for determining what materials are protected
by copyright;
(c) post material that reveals
trade secrets unless the participant has permission from
the owner of the trade secrets to post it in accordance
with the terms of this agreement;
(d) post material that infringes
on any other intellectual property, privacy, or publicity
rights of others;
(e) post material that is
obscene, defamatory, threatening, harassing, or abusive
to other participants, or any other person or entity;
(f) post sexually explicit
messages or images;
(g) post unsolicited advertisements
or business solicitations;
(h) disrupt the intended
functionality of the interactive features;
(i) post chain letters or
pyramid schemes; or
(j) impersonate another person.
Arch will fully cooperate with any law enforcement authority
or court order requesting or directing Arch to disclose
the identity of anyone posting any information or materials.
If Arch believes that one or more of these guidelines have
been violated by a participant, that person's authority
to use such interactive features may be terminated and the
appropriate reports will be made in accordance with local,
state, and national laws if necessary.
Screening and Monitoring
Arch does not screen communications in advance and is not
responsible for screening or monitoring material posted
by interactive feature participants. Although Arch may from
time to time monitor or review postings, transmissions,
and the like, Arch is under no obligation to do so and assumes
no responsibility or liability arising from the content
of any such communications nor for any error, defamation,
libel, slander, omission, falsehood, obscenity, pornography,
profanity, danger, or inaccuracy contained in any information
within such locations on the site.
Inexcusable Comments
Obscene, defamatory, threatening, harassing, abusive, or
otherwise inappropriate information is not allowed and will
be removed if Arch has actual notice of and reasonable grounds
(as determined in good faith by Arch in its sole discretion)
to believe that the information is obscene, defamatory,
threatening, harassing, abusive, or otherwise inappropriate.
Commercial Use
All unsolicited commercial advertisements are subject to
removal from all forums in Arch's sole and unlimited discretion.
Screen Names
Arch may require that participants create a screen name
that represents his or her onscreen identity. A screen name
should only be used by its creator. Impersonating another
person is not allowed.
Originality
Any information, comments, or opinions posted in the interactive
features must be the original thoughts of the participant.
The posting of information that plagiarizes, violates, or
infringes upon the right of any third party is not allowed.
This includes copyright, trademark, and proprietary rights.
Non-original content may only be posted with the permission
and due credit of the third party.
Sharing Information
Participants may post their e-mail addresses to allow direct
discussion between participants outside of the interactive
features. Posts from participants may contain links to sites
on the Internet which are owned and operated by third parties.
Arch is not responsible for the availability of, or the
content located on or through, any external site. If you
choose to proceed to an external site, you proceed at your
own risk. Arch does not represent or endorse the accuracy
or reliability of any content posted in any discussion area
and reliance upon such content shall be at your sole risk.
Any content placed in any interactive features by participants
are the views of the participant posting the statement and
do not represent the views of Arch.
Arch's License
Interactive feature participants grant Arch a perpetual,
royalty-free, irrevocable, and nonexclusive license to use,
reproduce, modify, publish, translate, distribute, perform,
and display materials posted by participants, alone or as
part of other works in any form, media, or technology whether
now known or hereafter developed, and to sublicense such
material through multiple tiers of sub-licensees. Furthermore,
Arch is free to use any ideas, concepts, know-how, or techniques
contained in any communication participants send to the
Arch site for any purpose whatsoever including, but not
limited to, developing, manufacturing, and marketing products
using such information.
Arch reserves the right to prevent users from accessing
Arch interactive features and to remove communications for
any reason in its sole and unlimited discretion including
for violation of this agreement.
TRADEMARKS
Arch, Arch Wireless, Arch Webster, net@hand, and the Arch
Wireless and the Arch net@hand logos are trademarks of Arch
Wireless Holdings, Inc. Arch's trademarks may not be used
in connection with any product or service that is not Arch's,
in any manner that is likely to cause confusion among customers,
or in any manner that disparages or discredits Arch.
DISCLAIMER OF WARRANTIES AND LIABILITY
DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT IS OBTAINED,
AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE
MAY BE DELAYS, OMISSIONS, OR INACCURACIES IN SUCH CONTENT.
ARCH AND ITS AFFILIATES, AGENTS, AND LICENSORS CANNOT AND
DO NOT WARRANT THE ACCURACY, TRUTHFULNESS, RELIABILITY,
COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY,
OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT AVAILABLE
THROUGH ARCH. ARCH DOES NOT ENDORSE ANY OPINIONS EXPRESSED
BY PARTICIPANTS. PARTICIPANTS ACKNOWLEDGE THAT ANY RELIANCE
ON MATERIAL POSTED BY OTHER PARTICIPANTS WILL BE AT THEIR
OWN RISK. NEITHER ARCH NOR ANY OF ITS AFFILIATES, AGENTS
OR LICENSORS SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY
LOSS OR INJURY RESULTING DIRECTLY OR INDIRECTLY FROM USE
OF ANY ARCH WEB SITE, WHETHER CAUSED IN WHOLE OR PART BY
NEGLIGENCE OR CONTINGENCIES BEYOND ITS CONTROL IN PROCURING,
COMPILING, INTERPRETING, REPORTING, OR DELIVERING ANY ARCH
WEB SITE FEATURES OR CONTENT. IN NO EVENT WILL ARCH, ITS
AFFILIATES, AGENTS, OR LICENSORS BE LIABLE FOR ANY DECISION
MADE OR ACTION TAKEN BY USERS IN RELIANCE ON SUCH FEATURES
OR CONTENT. ARCH AND ITS AFFILIATES, AGENTS, AND LICENSORS
SHALL NOT BE LIABLE TO USERS OR ANYONE ELSE FOR ANY CONSEQUENTIAL
DAMAGES, INCLUDING, WITHOUT LIMITATION, SPECIAL, INCIDENTAL,
INDIRECT, OR SIMILAR DAMAGE, EVEN IF ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION
OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY
NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS
OR LIMITATIONS REGARDING THE EXCLUSION OF IMPLIED WARRANTIES.
LIMITATION OF LIABILITY
YOU AGREE THAT THE MAXIMUM AGGREGATE LIABILITY OF ARCH,
ITS AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT
OF ANY KIND OF LEGAL CLAIM (WHETHER IN CONTRACT, TORT OR
OTHERWISE) IN ANY WAY CONNECTED WITH THIS WEB SITE OR THE
CONTENT IN THIS WEB SITE SHALL BE LIMITED TO TWO HUNDRED
DOLLARS.
THIRD-PARTY SITES
Mention of and links to third party companies and products
are for informational purposes only and constitute neither
an endorsement nor a recommendation and are not intended
to suggest any affiliation unless expressly stated.
YOU MAY BE ABLE TO ACCESS OTHER INTERNET SITES NOT CREATED
BY ARCH OR ITS AFFILIATES THROUGH THIS WEB SITE. THE RELIABILITY,
AVAILABILITY, LEGALITY, PERFORMANCE, AND OTHER ASPECTS OF
RESOURCES ON INTERNET SITES OTHER THAN THOSE CREATED BY
ARCH OR ITS AFFILIATES IS BEYOND ARCH'S CONTROL, AND ARCH
MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO SUCH
SITES.
GOVERNING LAW AND JURISDICTION
YOUR USE OF THIS WEB SITE AND ALL RELATED RIGHTS AND OBLIGATIONS
SHALL BE GOVERNED BY THE LAWS OF THE UNITED STATES OF AMERICA
AND THE COMMONWEALTH OF MASSACHUSETTS, AS IF YOUR USE WAS
A CONTRACT WHOLLY ENTERED INTO AND WHOLLY PERFORMED WITHIN
THE COMMONWEALTH OF PROCEEDING WITH RESPECT TO THIS WEB
SITE OR ANY MATTER RELATED THERETO MAY BE BROUGHT EXCLUSIVELY
IN THE COURTS OF THE COMMONWEALTH OF MASSACHUSETTS VENUED
IN BOSTON OR OF THE UNITED STATES OF AMERICA FOR THE DISTRICT
OF MASSACHUSETTS VENUED IN BOSTON. BY USING THIS WEB SITE,
YOU ACCEPT GENERALLY AND UNCONDITIONALLY THE JURISDICTION
OF THE AFORESAID COURTS AND IRREVOCABLY WAIVE ANY OBJECTION
TO SUCH JURISDICTION.
PRIVACY POLICY
Arch's use of individually identifiable information is
governed by Arch's Privacy Policy.
Copyright © 1986-2001 Arch Wireless Holdings,Inc. ALL RIGHTS
RESERVED.
This Privacy Policy applies to the operations of Arch Wireless
Holdings, Inc. and its affiliates ("Arch") and will be periodically
assessed against its customers' concerns, Arch's business
objectives, industry standards, the availability of applicable
technologies, and other considerations. Arch may change
its privacy practices from time to time. If any such changes
are made, Arch will update this Privacy Policy accordingly
(the date of the most recent change is displayed at the
top of this document).
ARCH COMPLIES WITH ALL APPLICABLE U.S. FEDERAL, STATE,
AND LOCAL LAWS GOVERNING THE USE OF INDIVIDUALLY IDENTIFIABLE
INFORMATION.
Arch collects information from multiple sources, including
electronic, print, verbal and third-party sources. In addition,
Arch may aggregate information from multiple individuals
and multiple sources to improve the quality or expand the
depth of the information collected.
Arch may use the information it collects, individually
or aggregated with other information, to improve its products
and services, to customize its products and services, to
provide notice of updates to or new features of its products
and services and for other business purposes (for example,
providing individuals with notice of third-party products
and services).
In addition to any options that may be made available when
Arch collects individually identifiable information, Arch
may also provide a mechanism for 'opting out' of having
individually identifiable information shared with unaffiliated
third parties for unsolicited marketing. The availability
of such opt-out mechanisms may vary depending on the particular
source of the information collected and the extent that
Arch has implemented the technology and operational procedures
necessary for the processing of opt-out requests. Individuals
may not be able to opt-out of uses specifically requested
or consented to, uses associated with the maintenance of
accounts, or certain other operational business uses. Note
that additional communications from third parties may continue
after submission of an opt-out request while Arch processes
the request. Also note that your information may exist in
multiple lists within Arch and its technology may limit
the processing of an opt-out request to the specific list
source related to the request. Information received by third
parties prior to Arch's receipt and processing of an opt-out
request will not be subject to the opt-out request.