By registering and using IT-AT™, the Site or InfoTelesys IT$'s or
associated Accounts, you and InfoTelesys agree to the following terms and
conditions.
DEFINITIONS
"InfoTelesys" and "Company"
"InfoTelesys" and "Company" shall refer InfoTelesys,
Inc. International Business Corporation # 19538 currently under the
jurisdiction of Nevis and to be moved to the future jurisdiction of the
proposed "State of Peace" a country to be established by
InfoTelesys in space, or of such jurisdiction or country name as
InfoTelesys' Board of Directors shall so determine to be in the interests
of the Company and shareholders.
"You", "Your", "Shareholder",
"Account Holder" and "Customer"
"You", "Your", "Shareholder", "Account
Holder" and "Customer" shall all refer to the individual,
entity or corporate body purchasing or holding shares or using the IT-ATÔ
trading system or the IT $ (InfoTelesys dollar).
"Site" "SITE"
"Site", "SITE" shall refer to the www.InfoTelesys.com
site or associated site on InfoTelesys' IT-I2™ network, the IT-AT™
trading system, the bank, the IT$ Account and other associated Accounts.
GENERAL TERMS
Read these Terms Of Use carefully before using this site or the IT-AT™
or IT$. By using this site, you signify your agreement with these Terms Of
Use, the InfoTelesys Articles of Association and Bylaws, Articles of
Incorporation and the InfoTelesys Disclosure Statement. If you do not
agree with any of the Terms Of Use the InfoTelesys Articles of Association
and Bylaws, Articles of Incorporation and the InfoTelesys Disclosure
Statement, do not use this site, the IT-AT™ trading system or the IT$ or
associated Accounts.
InfoTelesys reserves the right, in its sole discretion, to modify, alter
or otherwise update these Terms Of Use at any time and you agree to be
bound by such modifications, alterations or updates.
This site is controlled and operated by InfoTelesys,
www.InfoTelesys.com, currently under the Jurisdiction of Nevis, and to be
moved to the jurisdiction of a future country called the State of Peace.
GENERAL PROVISIONS.
YOU AGREE THAT YOU WILL BE BOUND BY, AND THAT THE PERFORMANCE OF ANY
SERVICE OFFERED BY INFOTELESYS WILL BE SUBJECT TO THE TERMS (INCLUDING
FEES AND CHARGES) OF EACH SPECIFIC AGREEMENT OR DISCLOSURE TO WHICH SUCH
SERVICE MAY BE SUBJECT, WHICH AGREEMENTS OR DISCLOSURES WILL BE, OR HAVE
BEEN, PROVIDED SEPARATELY TO YOU. NOTWITHSTANDING THE FOREGOING, IN THE
EVENT THAT ANY SUCH AGREEMENT OR DISCLOSURE REQUIRES INFOTELESYS TO
PROVIDE NOTICES IN WRITING, YOU AGREE THAT THE PROVISION TO YOU OF ANY
NOTICE DELIVERED TO YOU, INCLUDING NOTICE TRANSMITTED TO YOU
ELECTRONICALLY VIA THE SOFTWARE WILL SATISFY INFOTELESYS OBLIGATION TO
PROVIDE SUCH NOTICE. THE TERMS OF ANY PRODUCTS OR SERVICES PROVIDED BY
VENDORS WILL BE SUBJECT TO ANY SEPARATE AGREEMENTS BETWEEN YOU AND THE
VENDORS.
TRADEMARKS, COPYRIGHTS AND RESTRICTIONS
All material on this site, including, but not limited to images,
illustrations, audio clips, and video clips, is protected by copyrights
which are owned and controlled by InfoTelesys or by other parties that
have licensed their material to InfoTelesys ("Copyrights"). By
agreeing to these Terms of Use, you are expressly granted a limited
license to access, by way of your Internet Browser, and solely for your
own personal use, any of the material found on any InfoTelesys web site
owned, operated, licensed or controlled by InfoTelesys ("InfoTelesys
Web Site Material"). Any other use of InfoTelesys Web Site Material
is prohibited, including but not limited to, copying, reproducing,
republishing, modifying, uploading, posting, transmitting, or distributing
in any way. In addition, the use of any InfoTelesys Web Site Material on
any other Web site or networked computer environment is prohibited. Any
use of the InfoTelesys Web Site Material other than as expressly set forth
in these Terms of Use is a violation of the copyrights and/or other
proprietary rights of InfoTelesys.
PRIVACY
InfoTelesys is very respectful about the privacy concerns of the visitors
to its sites on the Internet. You can review our privacy policy by
visiting Our Commitment to Your Privacy.
LINKED SITES
InfoTelesys, whether or not affiliated with sites which may be linked to
this site, is not responsible for their content ("Linked
Sites"). The Linked Sites are for your convenience only and you
access them at your own risk.
SUBMISSIONS
Any material submitted to InfoTelesys' Web site message Boards is the sole
responsibility of the person posting it and InfoTelesys assumes no
liability of any kind for any such material. InfoTelesys reserves the
right to remove any postings at any time and in its sole discretion.
SEVERABILITY & INTEGRATION
If any provision of this agreement shall be unlawful, void or for any
reason unenforceable, then that provision shall be deemed severable from
this agreement and shall not affect the validity and enforceability of any
remaining provisions. This is the entire agreement between the parties
relating to the matters contained herein and shall not be modified except
in writing, signed by InfoTelesys.
COMMUNICATIONS FROM INFOTELESYS
As a condition precedent to registering with InfoTelesys, you provided
InfoTelesys with your electronic mail address ("E-Mail
Address"). You hereby authorize InfoTelesys to select, at
InfoTelesys' sole discretion, whether to deliver any and all
communications, including, without limitation, notices, prospectuses and
other official documents, required in connection with securities offerings
("Communications") by electronic mail to your E-Mail Address.
You also agree to immediately notify InfoTelesys in writing of any change
in such addresses. You further authorize InfoTelesys to deliver to you any
Communication by sending you, in lieu of such Communication (the
"Underlying Communication,") a notice (a "Notice of
Delivery By Web Posting") which directs you to a page on the World
Wide Web ("Web") where the Underlying Communication is posted
and from where it can be read and printed. You agree that InfoTelesys'
sending of a Notice of Delivery By Web Posting shall constitute good and
effective delivery to you of the Underlying Communication whether or not
you follow the instructions of the notice and actually access the
Underlying Communication via the Web. Communications, including but not
limited to Notices of Delivery By Web Posting, sent by InfoTelesys to the
E-mail Address or Mailing Address provided by you shall, until InfoTelesys
receives written notice that the address has changed, be deemed to have
been personally delivered to you whether actually received or not. Certain
Communications may also be provided to you verbally. Notices and other
Communications left for you on your answering machine or voice mail
system, or otherwise, shall be deemed to have been delivered to you
whether actually received or not. At your request and expense, InfoTelesys
shall deliver to you a paper copy of any Communication required by law to
be provided to you. However, neither your request for a paper copy of any
Communication nor InfoTelesys' delivery thereof by non-electronic means
shall in any way imply that our electronic delivery of such Communication
did not constitute good and effective delivery in the first instance. If
your Mailing Address includes a Post Office Box or your Mailing Address or
E-mail Address is in care of a third party (whether or not so specified)
then you agree that any Communications of any nature whatsoever sent to
you at such address shall have the same force and effect as if it had been
delivered to you personally. You agree you will not, for any reason, alter
any Communications delivered to you electronically or otherwise.
ELECTRONIC DELIVERY
InfoTelesys may deliver information to you by email or website posting, or
by directing you to hyperlinks that will give you access to the
information. Your consent to electronic delivery of information will cover
any and all information relating to your use of our website (including
notices of offerings, private placement memoranda, and certain additional
due diligence materials relating to an offering), except as may otherwise
be required by law.
All notices or other communications provided for by this Agreement shall
be made in writing transmitted by email to the registered email address of
the parties to this agreement.
InfoTelesys' formal email addresses shall be as follows:
itat@InfoTelesys.com - For all Trading and Account issues IT-AT™ trading
management@InfoTelesys.com - For contacting InfoTelesys corporate and
management
The email address you maintain on IT-AT™ shall be the formal address to
which all notices and information is delivered. You are responsible for
maintaining your email address and its serviceability.
MEDIATION / ARBITRATION.
InfoTelesys and Customer wish to maintain a good relationship and agree to
discuss (mediate) any issues that may arise prior to entering any legal
action. InfoTelesys and Customer agree that any dispute or claim in Law
arising between us out of this Agreement which is not settled through
mediation, shall be decided by neutral, binding arbitration. Arbitration
will be administered by the independent and neutral American Arbitration
Association (the AAA) pursuant to the commercial arbitration rules of the
AAA at a location mutually convenient to both parties.
INFOTELESYS AND CUSTOMER UNDERSTAND THAT THEY ARE WAVING THEIR RIGHTS TO A
JURY TRIAL, OR A TRIAL BEFORE A JUDGE IN A PUBLIC COURT.
This Arbitration Clause does not prohibit either party from obtaining
provisional or ancillary remedies such as injunctive relief,
sequestration, attachment, garnishment or the appointment of a receiver by
a court having jurisdiction.
JURISDICTIONAL ISSUES
This site is controlled and operated by InfoTelesys from its worldwide
distributed offices and virtual locations. InfoTelesys makes no
representation that materials in InfoTelesys' Web Sites are appropriate or
available for use in any an all specific countries jurisdictions. Those
who choose to access this site do so on their own initiative and are
responsible for compliance with local laws, if and to the extent local
laws are applicable. This agreement shall be governed by, construed and
enforced in accordance with the laws of Nevis under the ARBITRATION
clauses herein.
SERVICES.
IT-AT™, the www.InfoTelesys.com
Site or equivalent InfoTelesys site operating on the IT-I2™ network
("Site") will allow you to have access to various services (each
a "Service") described on electronically transmitted screens
that will be updated from time to time. The Services will consist of
certain securities, trading, banking and financial products and services
provided by InfoTelesys or its affiliates and certain business products
and services provided by third parties ("Vendors") under
agreements with InfoTelesys. The ways in which you may use, and the
instructions for using, each Service will be provided to you through the
Site. All such instructions shall be deemed to be a part of this
Agreement. Your use and/or electronic acknowledgment of the terms of any
Services provided by InfoTelesys or any Vendor through the Site will
constitute your agreement to any terms or conditions disclosed by Vendor
or InfoTelesys related to such Service.
PASSWORDS AND IDENTIFICATION CODES.
A. You agree to manage and control the access to the Site and each
Service, and the security verification of such access, by means of
identification codes for you and identification codes and passwords for
any employees or agents designated by you as operators of the Site and
each Service (each an "Operator"). Such identification codes and
passwords will be selected by you.
B. You agree to develop and put in place internal procedures to limit
such risk, including, but not limited to, (a) changing the password of
each Operator at least once every 80 calendar days; (b) not permitting any
Operator to share his or her identification code or password; (c) deleting
the identification codes of Operators who no longer have access to any
Service; (d) not keeping, in any form or in any place, any list of
Operator passwords; and (e) keeping any list of your identification codes
and any Operator identification codes under secure conditions. User agrees
to follow any other access or identification procedures established by
InfoTelesys. You agree to notify InfoTelesys immediately if you know or
suspect that the confidentiality of any such procedure or of any
identification code or password has been breached or if there has been any
fraudulent or unauthorized use of the Site. You also agree to keep the
Site in a physically secure location and to take the steps necessary to
ensure that the Site is not used by unauthorized personnel.
YOU ASSUME THE ENTIRE RESPONSIBILITY FOR THE SUPERVISION, MANAGEMENT
AND CONTROL OF ALL IDENTIFICATION CODES AND PASSWORDS AND ASSUME THE
ENTIRE RISK FOR THE FRAUDULENT OR UNAUTHORIZED USE OF ANY IDENTIFICATION
CODE OR PASSWORD OR THE SITE. FAILURE TO PROTECT IDENTIFICATION CODES AND
PASSWORDS MAY ALLOW AN UNAUTHORIZED PARTY TO ACCESS A SERVICE. INFOTELESYS
WILL HAVE NO LIABILITY FOR ANY TRANSFER FROM AN ACCOUNT MADE UPON THE
INSTRUCTION OF ANY PERSON USING AN IDENTIFICATION CODE OR PASSWORD
PROVIDED BY YOU.
LICENSE.
A. By this Agreement InfoTelesys provides you with a nonexclusive,
non-transferable license ("License") allowing you to use the
Site. The License will be in effect from the date the Site is received by
you until the License is terminated as provided in this Agreement. The
Site contains SSL security software. You agree to use SSL at 128 bit
encryption to communicate with the Site.
B. You may not sublicense, assign or transfer the license or the Site
except as expressly provided in this Agreement. Any attempt otherwise to
sublicense, assign or transfer any of the rights, duties or obligations
hereunder is void.
LIMITED WARRANTY
A. THE SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND,
EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
B. InfoTelesys does not warrant that the functions contained in the
Site will meet your requirements or that the operation of the Site will be
uninterrupted or error free.
DISCLAIMER
The materials in InfoTelesys' Web Sites are provided "as is" and
without warranties of any kind either express or implied to the fullest
extent permissible pursuant to applicable law, InfoTelesys disclaims all
warranties, express or implied, including, but not limited to, implied
warranties of merchantability and fitness for a particular purpose.
InfoTelesys does not warrant that the functions contained in the materials
will be uninterrupted or error-free, that defects will be corrected, or
that InfoTelesys' Web Sites or the server that makes them available are
free of viruses or other harmful components. InfoTelesys does not warrant
or make any representations regarding the use or the results of the use of
the materials in InfoTelesys' Web Sites in terms of their correctness,
accuracy, reliability, or otherwise. You (and not InfoTelesys) assume the
entire cost of all necessary servicing, repair or correction. Applicable
law may not allow the exclusion of implied warranties, so the above
exclusion may not apply to you. Furthermore, neither InfoTelesys nor its
affiliated or related entities or its content providers are responsible or
liable to any person or entity whatsoever (including, without limitation,
persons who may use or rely on such data/materials or to whom such
data/materials may be furnished) for any loss, damage (whether actual,
consequential, punitive or otherwise), injury, claim, liability or other
cause of any kind or character whatsoever based upon or resulting from any
information or opinions provided in InfoTelesys' Web Sites.
IN NO EVENT WILL INFOTELESYS BE LIABLE TO YOU FOR ANY DAMAGES,
INCLUDING ANY LOST PROFITS, LOST SAVINGS OR OTHER INCIDENTAL OR
CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SITE
EVEN IF INFOTELESYS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
OR FOR ANY CLAIM BY ANY OTHER PARTY.
PROPRIETARY RIGHTS OF INFOTELESYS.
The Site is subject to the proprietary rights of InfoTelesys and its
licensors and title to it will remain with InfoTelesys or its licensors at
all times. Your rights in the Site are expressly limited to the right to
use it as provided in this Agreement. You agree to keep the Confidential
contents of the Site confidential. You agree to not to copy, reproduce,
lend, sell, transfer, assign, license, sublicense or otherwise make
available the Site in whole or in part for any reason to any person or
entity. You agree not to create or permit others to create, by reverse
engineering or otherwise, the source code or any part of the source code
from the object code of the Site. You agree that you will not remove any
copyright notice from the Site.
VENDOR SERVICES; INFOTELESYS LIABILITY.
You acknowledge and agree that InfoTelesys will have no liability for the
acts or omissions of any Vendors who provide goods or services through the
Site. You acknowledge and agree that InfoTelesys is providing a means of
electronic access to such goods or services and that you are solely
responsible to evaluate the suitability of such goods and services for
your purposes. InfoTelesys will have no responsibility for the failure of
such goods or services to be delivered or to perform as represented by the
Vendor. You are responsible for verifying the status of any order for
goods or services sent by you to a Vendor using the Site. InfoTelesys will
not be liable for any direct, indirect, special or consequential damages
arising in any way out of the installation, use or maintenance of the Site
or any Service, or the unavailability of any Service as a result of
circumstances beyond InfoTelesys' control (such as fire, flood or
disruption of power or phone service).
PAYMENTS, FEES AND CHARGES.
You agree you will pay for the fees for goods and services obtained
through the Site. You authorize InfoTelesys to charge Your IT $ Current
Account or your specified Credit Card Account for the amount of such fees
and charges when they are due. Any charges will be made in accordance with
the written terms and conditions of the agreement between you and
InfoTelesys for that transaction or account. InfoTelesys reserves the
right to change any fee for the use of the Site or for any Service, upon
notice to you.
ACCESS TO CONSUMER ACCOUNT.
You may be able to access certain accounts at InfoTelesys established by
you for personal purposes through the Site. Any transfer that you make to
or from such an account will be subject to the terms of the agreement and
disclosure regarding your personal account that has been or will be
separately provided to you. There are no limitations on the amounts you
may transfer to or from such an account through the Site; however, any
cutoff times for transfers specified in this Agreement will apply.
ASSIGNMENT.
Any transfer, gift, sale or any such assignment of Shares you hold in
InfoTelesys shall include the transfer of all the obligations and terms to
this Agreement with such transfer. This Agreement shall be binding on the
heirs, executors, administrators, personal representatives, successors and
assigns of You and InfoTelesys.
GOVERNING LAW.
This Agreement shall be governed by and construed and enforced in
accordance with and subject to the laws of Nevis until such laws are
established in the "State of Peace" a country to be established
in space for InfoTelesys.
ENTIRE AGREEMENT AND NO WAIVER.
This Agreement constitutes the entire Agreement between the parties hereto
with respect to the matters herein contained. It supersedes all prior
agreements, arrangements, negotiations and understandings written or oral
between InfoTelesys and You relating to the subject matter of this
Agreement. No waiver of any term, provision or condition of this Agreement
shall be deemed to be, or shall constitute, a waiver of any other term,
provision of condition herein, whether or not similar. No such waiver
shall be binding unless in writing and signed by the waiving party. No
supplement, modification or amendment of any term, provision or condition
of this Agreement shall be binding or enforceable unless evidenced in
writing executed by the parties hereto.
REFORMATION/SEVERABILITY.
If any provision of this Agreement is declared invalid by any Arbitrator
or tribunal, then such provision shall be deemed automatically adjusted to
the minimum extent necessary to conform to the requirements for validity
as declared at such time and, as so adjusted, shall be deemed a provision
of this Agreement as though originally included herein. In the event that
the provision invalidated is of such a nature that it cannot be so
adjusted, the provision shall be deemed deleted from this Agreement as
though such provision had never been included herein. In either case, the
remaining provisions of this Agreement shall remain in effect.
MISCELLANEOUS.
Failure of a party to insist upon strict adherence to any term of this
Agreement on any occasion or the waiver of a breach of this Agreement in
any instance shall not deprive the party of the right thereafter to insist
on strict adherence to that term or any other term in this Agreement or be
construed as a waiver of any subsequent breach, whether or not similar.
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