Terms and Conditions for CosmoCom™ Internet Web Sites

CosmoCom, Inc. and its subsidiaries and affiliates ("CosmoCom") require that all the visitors to its web site(s) on the Internet (collectively, the "Site") adhere to the following Terms and Conditions. By accessing the Site you indicate your acknowledgment and acceptance of these Terms and Conditions. 

1. LAWS AND REGULATIONS  
   
   User access to and use of the Site is subject to all applicable international, federal, state and local laws and regulations. 
   
   
2. COPYRIGHT/TRADEMARKS  
   
   The trademarks, logos and service marks ("Marks") displayed on the Site are the property of CosmoCom and other parties.  Users are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or sites on the World Wide Web without the written permission of CosmoCom or such third party that may own the Marks. All information and content, including without limitation, any software programs, available on or through the Site ("Content") is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes. Users may however download or print one copy of one or more pages contained in this web site provided it is not republished in whole or in part for commercial purposes. 
   
   
3. NO WARRANTIES  
   
   ALL CONTENT ON THE SITE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. COSMOCOM DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE THROUGH THE SITE BY ANY PARTY OTHER THAN COSMOCOM. OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW, UNDER NO CIRCUMSTANCE WILL COSMOCOM BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER'S RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE OR OTHER CONTENT. 
   
   
4. LIMITATION OF LIABILITY 
   
   CosmoCom specifically disclaims any liability (whether based in contract, tort, strict liability or otherwise) for any direct, indirect, incidental, consequential, or special damages arising out of or in any way connected with access to or use of the Site, (even if CosmoCom has been advised of the possibility of such damages) including liability associated with any viruses which may infect a user's computer equipment. 
   
   
5. CONFIDENTIALITY OF USER COMMUNICATIONS  
   
   CosmoCom will maintain the confidentiality of all user communications which contain personal user information and which are transmitted directly to CosmoCom, except as required by law or as disclosed in our Privacy Statement.
   
   
6. LINKED INTERNET SITES  
   
   CosmoCom prohibits caching, hypertext linking to the Site without authorization, and the framing of any Content available through the Site. CosmoCom reserves the right to disable any unauthorized links or frames and specifically disclaims any responsibility for the Content available on any other Internet sites linked to the Site. Access to any other Internet sites linked to the Site is at the user's own risk. 
   
   
7. TRANSMISSION OF PERSONAL DATA  
   
   User acknowledges and agrees that by providing CosmoCom with any personal or proprietary user information through the Site, user consents to the transmission of such personal or proprietary user information over international borders as necessary for processing in accordance with CosmoCom's Privacy Statement.
   
   
8. CHANGES TO TERMS AND CONDITIONS  
   
   CosmoCom reserves the right to revise these Terms and Conditions at any time and users are deemed to be apprised of and bound by any changes to these Terms and Conditions. 
   
   
9. VIOLATIONS OF TERMS AND CONDITIONS  
   
   CosmoCom reserves the right to seek all remedies available at law and in equity for violations of these Terms and Conditions, including the right to block access from a particular Internet address to the Site. 
   
   
10. USE OF "COOKIE" FILE FEATURES
    
    CosmoCom reserves the right to store information on a user's computer in the form of a "cookie" or similar file for purposes of modifying the Site to reflect users' preferences.  Cookies were originally designed to help a website distinguish a user's browser as a previous visitor and thus save and remember any preferences that may have been set while the user was browsing the site. A cookie is a small string of text that a website can send to your browser. A cookie cannot retrieve any other data from your hard drive, pass on computer viruses, or capture your e-mail address. Currently, websites use cookies to enhance the user's visit.  If you are just browsing a CosmoCom website, a cookie identifies only your browser.  It is possible to set your browser to inform you when a cookie is being placed -- this way, you have the opportunity to decide whether to accept the cookie. By accepting a cookie, keep in mind that your choice to decline e-mail offers remains unaffected.
    
    
11. NOTIFICATION TO COSMOCOM REGARDING ALLEGED COPYRIGHT INFRINGEMENT  
    
    CosmoCom reserves the right to remove any Content on the Site that is alleged to infringe another person's copyright. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide CosmoCom with the following information: 
    
    
    1. a signature of the person authorized to act on behalf of the owner of the copyright interest;
       
       
    2. a description of the copyrighted work that you claim has been infringed; 
       
       
    3. a description of where the material that you claim is infringing is located on the site;
       
       
    4. your address, telephone number, and email address; 
       
       
    5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; 
       
       
    6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. 
       
       Notice of claims of copyright infringement to CosmoCom should be addressed to the General Counsel, CosmoCom, Inc., 121 Broad Hollow Road, Melville, N.Y. 11747, U.S.A. Tel: (631) 940-4200. Fax: (631) 940-4500
       
       
12. JURISDICTION/GOVERNING LAW/VENUE  
    
    These Terms and Conditions will be construed in accordance with the laws of the State of New York, United States of America, without regard to the conflicts of law provisions thereof. Users of this Site agree to that the venue for resolution of any dispute, claim, or action arising out of or in connection with these Terms and Conditions will be in a court located within the City and State of New York, United States of America. Users of this Site consent to the jurisdiction of the court selected by CosmoCom and waive any claim that the venue selected by CosmoCom lacks personal jurisdiction over such Users or that such venue is a forum non conveniens.