General
Nitel, Inc. and its subsidiaries and affiliates (collectively “Nitel, Inc.”) provide you with access to this Web site and the services available on this Web site, or other Web sites as indicated below, (collectively, the “Services,” which will be defined more under the Section, “Services.”). Access to and use of the Services is governed by these Terms of Use (the “Agreement”). By accessing or using the Services, you indicate your assent to be bound by the Agreement, and your acknowledgment of and agreement to its terms.
Services
Services may be located on third party web sites and/or applications either as a link from an add-on service to, or otherwise in connection with, Web sites and/or applications that such third parties control.
Only Personal Use is Authorized
Under this Agreement, Nitel, Inc. gives you limited permission to access and use the Services only for your personal use, and to copy, distribute and transmit the content of the Services only to the extent that such copying, distribution, and transmission is automatically done through your browser software incidentally to using the Services for your personal use. You may also print a copy of the information displayed on the Services for your personal use. That means, that except as set forth above, you may not modify, reformat, copy, display, distribute, transmit, publish, license, create derivative works from, transfer or sell any information, products, or service obtained by your use of the Services. This restriction means, among other things, that you may not mirror on your own Web site any portion of the Services or display through your own Web site any results pages or other information from the Services without Nitel, Inc.’s express permission.
Your right to access the Services is subject to any limits established by Nitel, Inc.. You agree that you will not use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor or copy the Services except those automated means expressly made available by Nitel, Inc., if any, or authorized in advance and in writing by Nitel, Inc. (for example, Nitel, Inc. approved third party tools and services). The Nitel, Inc. Web Site contains robot exclusion headers and you agree that you will not use any device, software or routine to bypass our robot exclusion headers, or to interfere or attempt to interfere with the proper working of the Services. Without limitation to the foregoing, you further agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure (as determined by Nitel, Inc.).
The technology underlying, and content within, the Services is owned by Nitel, Inc. and/or its licensors (including Nitel, Inc.’s advertisers and other content providers) and is protected by copyright and other intellectual property or proprietary rights. If you use the Services other than as provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to penalties. That would not be a good thing. As between you and Nitel, Inc., Nitel, Inc. owns and retains all ownership of the technology underlying and content within the Services, and reserves all rights not explicitly granted to you in this Agreement.
Disclaimer of Warranties
THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. Nitel, Inc. DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Nitel, Inc.’s Potential Liability for the Services is Limited
NEITHER Nitel, Inc. NOR ANY OF ITS OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, SUCCESSORS, ASSIGNS, CONTENT PROVIDERS OR SERVICE PROVIDERS WILL BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICES, OR INABILITY TO GAIN ACCESS TO OR USE THE SERVICES. Nitel, Inc. WILL NOT BE LIABLE FOR ANY MATERIAL OF WEB SITES IT LINKS TO AS PART OF THE SERVICES OR FOR INFORMATION CONTAINED IN OR PART OF THE SERVICES INCLUDING BUT NOT LIMITED TO SEARCH RESULTS. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE RESPECTIVE LIABILITY OF Nitel, Inc., ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, AND CONTENT OR SERVICE PROVIDERS IS LIMITED TO THE GREATEST EXTENT PERMITTED BY SUCH STATE LAW.
Pennsylvania Competitive Access Provider Tariff
Download a copy of our Pennsylvania Competitive Access Provider Tariff
Defamation, Copyright and Trademark Claims
Nitel, Inc. is a provider of an interactive computer services for purposes of 47 U.S.C. section 230. As such, its liability for others’ conduct and information is limited as described therein.
Further, Nitel, Inc. is a service provider pursuant to the Digital Millennium Copyright Act. Pursuant to the Digital Millennium Copyright Act, Nitel, Inc. has designated an agent to receive notifications of alleged copyright infringement on the Services:
Business Affairs
Nitel, Inc.
350 N. Orleans St, #1300N
Chicago, IL 60654
Tel: 888-450-2100
Fax: 312-243-4172
E-Mail: privacy@nitelusa.com