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nGenera Terms of Use

Last updated April 25, 2008

These Terms of Use and nGenera Corporation's Privacy Policy (located at http://www.ngenera.com) govern your use of the nGenera website. These Terms of Use apply to all portions of the nGenera website, including general use of the site, use of nGenera's RSS feed service as well as interactive portions of the site, and describe the permitted as well as prohibited uses of and conduct on sections of the site where you are permitted to post information or otherwise interact with other users of the site. nGenera reserves the right to modify these Terms of Use at any time, effective upon posting of the modified terms on the nGenera website. By using any portion of the nGenera website, you signify your acceptance and agreement with these terms. If you violate any of these terms, it may result in the suspension or termination of your right to access or participate on certain portions of the nGenera site.

Interactive Portions of the nGenera Site

Registration

You are not obligated to register in order to access the nGenera Community or any other interactive portions of the nGenera site and read the message boards and other portions that display user content. However, registration and login are required in order to post to any of the message boards and other interactive portions of the site and adjust user settings. All information provided through the registration process will be handled by nGenera in accordance with nGenera's Privacy Policy.

Please keep in mind when choosing a screen that whenever you post to the site your screen name will automatically appear with your post. Additionally, we may refuse to grant you a screen name that is already being used by someone else, impersonates another person, violates the intellectual property or other rights of any person, is vulgar or otherwise offensive, or that we reject for any other reason at our sole discretion.

In consideration of your use of the interactive portions of the nGenera site, you agree that all information provided in your profile is accurate, true, current and complete. nGenera reserves the right to terminate your account if any of the information provided is found to be inaccurate, false, out of date, or incomplete.

Links Included in Content

If you post hypertext links to content hosted and maintained by third parties, such links will be subject to treatment like any other type of content posted to the any portion of the nGenera site. You may not include a link in any message board or other portion of the nGenera site that directs users to any content or information that, if posted in any interactive portion of the nGenera site, would constitute a violation of these Terms of Use.

The linked sites are not under nGenera's control and your access to any linked site is at your own risk. When leaving the nGenera site using any link provided by a user, you should be aware that nGenera's terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that site.

nGenera makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of sites accessible by hyperlink from the nGenera site. The ability to include links is provided only as a convenience to nGenera interactive participants. The inclusion of any link does not imply any affiliation with or endorsement or adoption by nGenera of the linked site or any information contained on such site.

Rules of Conduct

By participating in any interactive portion of the nGenera site, including the posting of content, you agree that you will not upload, post, or otherwise transmit any content (including text, documents, material, links, communications, software, images, sounds, data, or other information) that does any of the following:

1. Is not consistent with the permissible uses outlined by the Terms of Use, including, but not limited to, content that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, vulgar, profane, sexually explicit, obscene, offensive or otherwise objectionable. 2. Infringes on any patent, trademark, trade secret, copyright, or other proprietary rights of any party. 3. Constitutes advertising or promotion, junk mail, "spamming," chain letters, or any other form of unauthorized solicitation. Links that connect to commercial websites will not be considered unauthorized solicitations unless the link or the website content appears to be intended as a means of solicitation as determined by nGenera in its sole discretion. 4. Contains software viruses, Trojan horses, worms, time bombs, trap doors, cancelbots or any other computer code or files that are designed to disrupt, damage, or limit the functioning of any software or hardware. 5. Provides any non-public information about nGenera or any other company or person without the proper authorization to do so, including, but not limited to, providing the names and extension numbers of nGenera employees and other members and participants. 6. Intentionally interferes with the operation of any portion of the nGenera site, including, but not limited to, mail or "post" bombing, news bombing, other flooding techniques, deliberate attempts to overload a system and broadcast attacks, or attempts to avoid messaging blocking. 7. Impersonates any person or entity, including an nGenera employee or forges any TCP-IP packet header, e- mail header or any part of a message header. 8. Attacks or insults another nGenera interactive user. 9. Suggests or encourages any illegal activity. 10. Violates U.S. export law, including, without limitation, the Export Administration Act and Export Regulations maintained by the Department of Commerce.

Do not reveal information that you do not want to make public. Any personal information that you post can be obtained and used by others. Anything you post in any portion of the nGenera site, you post at your own risk. Moreover, you use the nGenera site at your own risk. In any online forum like the interactive portions of the nGenera site, it is not possible to be sure that other users are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated.

You acknowledge and agree that anything you post may be displayed, referenced or connected by a hypertext link on other portions of the nGenera websites, including, but not limited to, the FAQ section of the main nGenera website. You acknowledge and agree that we may do this without first contacting you and without your permission.

Enforcement

nGenera generally does not screen, verify or edit any of the content that participants post in the interactive portions of the nGenera site, but reserves the right to do so at any time. nGenera reserves the right to investigate, and to have its agents investigate, any violation of these Terms of Use and to take such remedial actions as nGenera may deem prudent or necessary in its sole discretion. nGenera has absolute discretion to enforce the terms of these Terms of Use, including, but not limited to, warning users of violations, disabling or suspending nGenera Community access and access to any other portion of the nGenera site, deleting, screening or editing any content, or prohibiting any behavior that does not comply with these Terms of Use or that is otherwise inappropriate for this site, objectionable.

nGenera may release information concerning your use of the nGenera (including posted content, registration information, and network records) when required to do by law or in the good faith belief that such action is necessary to: (1) conform to the edicts of the law or comply with legal process; (2) protect and defend the rights or property of nGenera or its agents or contractors; or (3) act in urgent circumstances to protect the personal safety of users in nGenera, its websites or the public.

Deliberate attempts by you or someone on your behalf to evade or circumvent your suspension or termination of your rights to use the nGenera site violates these Terms of Use, constitutes an unlawful trespass to nGenera's equipment and systems, and may result in legal action.

To report violations of the Terms of Use, please write to the nGenera Administrator at info@ngenera.com. Please include the message board name, the post's subject, the post author screen name, the link of the post in question and any other applicable information in your email.

Disclaimer of Warranties and Limitation of Liability

Much of the content posted to the interactive portions of the nGenera site is provided by third parties. All third-party content is the sole responsibility of the person originating that content. nGenera does not control, and is not responsible for this third-party content. You agree to indemnify and hold nGenera, and its subsidiaries, affiliates, officers, agents, and employees harmless from any claim, including reasonable attorney’s fees, made by any third party due to or arising out of content you submit, post, transmit or make available through any interactive portion of the nGenera site, your use of the nGenera site, your violation of these Terms of Use, or your violation of any rights of another.

NGENERA DOES NOT WARRANT OR GUARANTEE THE ACCURACY, RELIABILITY, COMPLETENESS, USEFULNESS, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR QUALITY OF ANY CONTENT ON ANY INTERACTIVE PORTION OF THE NGENERA SITE, REGARDLESS OF WHO ORIGINATES THAT CONTENT. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOU BEAR ALL RISKS ASSOCIATED WITH USING OR RELYING ON THAT CONTENT. NGENERA WILL NOT BE LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY CONTENT POSTED ON OR LINKED FROM ANY INTERACTIVE PORTION OF THE NGENERA SITE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN OR THE UNTIMELINESS OF CONTENT, DEFAMATORY STATEMENTS, OR FOR ANY LOSSES OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF OR RELIANCE ON ANY CONTENT.

Governing Law and Venue

THESE TERMS OF USE AND THIS AGREEMENT SHALL BE GOVERNED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS AND THEIR VALIDITY, CONSTRUCTION AND EFFECT SHALL BE GOVEREND BY AND ENFORCED PURSUANT TO THE SUBSTANTIVE LAWS OF THE STATE OF TEXAS. THE PARTIES AGREE THAT ALL LEGAL PROCEEDINGS IN CONNECTION WITH THE ENFORCEMENT, CONSTRUCTION, INTERPRETATION, BREACH OR VIOLATION OF THIS AGREEMENT SHALL BE SUBMITTED TO THE STATE OR FEDERAL COURTS IN TRAVIS COUNTY, TEXAS AND THAT JURISDICTION AND VENUE ARE PROPER IN SUCH COURTS.