Terms Of Service

The fsicom.NET web site (the "Site") is owned and operated by Tim Owensby, Tim Owensby Consulting and other individuals and entities (known collectively or individually as, "we," "us," "our"). The following are terms of a legal agreement between you and Us. By accessing, browsing and/or using the Site, you acknowledge that you have read, understood, and agree, to be bound by these terms and any amendments thereto (the "Terms and Conditions") and to comply with all applicable laws and regulations. If you do not agree to these Terms and Conditions, do not use the Site. The material provided on the Site is protected by law, including, but not limited to, United States Copyright Law and international treaties. The Site is controlled and operated by Us from offices within the State of Georgia in the United States of America. We make no representation that materials available on the Site are appropriate or available for use in any location. Access to the Site from territories where their contents are illegal is prohibited. Those who choose to access the Site from any location do so at their own initiative and are responsible for compliance with applicable local laws.

Any claim relating to, and the use of, the Site and the materials contained herein is governed by the laws of the state of Georgia.

Please return to the Site and review these Terms and Conditions from time to time, as they may be amended without notice. Any changes to these Terms and Conditions will be effective immediately upon the posting of the revised Terms and Conditions on the Site. Please note that your use of certain materials and features of the Site may be subject to additional terms and conditions. By using these materials and features, you also agree to be bound by such additional terms and conditions.

Basic Terms

1. You must be 18 years and older to use this site.
2. You are responsible for any activity that occurs under your screen name.
3. You are responsible for keeping your password secure.
4. You must not abuse, harass, threaten, impersonate or intimidate other users.
5. You may not use the site or any service on here for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content.
6. You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, audio and video clips, links ('Content') that you submit, post, and display on the site.
7. fsicom.NET is intended for personal use, not a business solution. Professional or corporate uses of this site are at your own risk.
8. You must not modify, adapt or hack this site or modify another website so as to falsely imply that it is associated with fsicom.NET.
9. You must not create or submit unwanted email or advertisements to fsicom.NET or any of its members ('Spam').
10. You must not transmit any worms or viruses or any code of a destructive nature.
11. You must not, in the use of this site, violate any laws in your jurisdiction (including but not limited to copyright laws).
12. Any loss of, or damage to, data is not the responsibility of this site or anyone associated with it, including other members. Use of this service is at your own risk.

Violation of any of these agreements will result in the termination of your account. While this site prohibits such conduct and content on its site, you understand and agree that we cannot be responsible for the Content posted on its web site and, despite our best efforts, you may be exposed to such materials and that you use the site at your own risk.

Proprietary Rights and License

All materials on the Site, including, without limitation, names, logos, trademarks, images, text, columns, graphics, photographs, illustrations, artwork, software, clips and other elements making up the Site (collectively, "Content") are protected by copyrights, trademarks and other intellectual property rights owned and controlled by us or by other parties that have licensed or otherwise provided their material to us. Individual members retain full ownership of all copyrights and we explicitly renounce any claim we may have by virtue of the materials being posted here by the member. The member does grant a non-exclusive use license to anyone who can access their content, updates and comments here for as long as they are posted here. The member is responsible for all content, updates and comments they post here.

The Content available on the Site is owned by Us or under license to Us or owned by the members ("The Materials"). You may use and otherwise exploit the The Materials in your investing activities but you may not disclose them in any form, in any venue under a worldwide, royalty-free, revocable and non-exclusive basis, provided you comply with the following restrictions and such other terms set forth in these Terms and Conditions. You may not alter or edit The Materials, or combine The Materials with other materials in any way. You may not offer or impose any terms on The Materials that alter or restrict the terms of the License or the Terms and Conditions. You may not sublicense, assign or sell The Materials unless you are the copyright owner. You must keep intact all notices that refer to the License and to any disclaimer of warranties. You may not distribute, publicly display, publicly perform, or publicly digitally perform The Materials with any technological measures that control access or use of The Materials in a manner inconsistent with the terms of the License or these Terms and Conditions. You must keep intact all copyright and other notices that appear on The Materials.

Registration for Certain Features

In order to use certain features of the Site, you may be required to install or use equipment and software. You are responsible for ensuring that your equipment and/or software do not disturb or interfere with the operation of the Site. Any equipment or software causing interference shall be immediately disconnected and we shall have the right to immediately terminate your right to use and access the Site. If any upgrade in or to the Site or any feature requires changes in your equipment or software, you must effect these changes at your own expense. Unless explicitly stated otherwise, any new or additional feature that augments or enhances the current Site, including the release of new products and services, shall be subject to these Terms and Conditions.

If you opt to register for a particular feature of the Site, you agree to: (a) provide true, accurate and complete information about yourself as prompted by the registration form, and (b) maintain and promptly update such information to keep it true, accurate, current and complete as permitted through the functionality of the Site . If we have reasonable grounds to suspect that the information you provide to us on the registration form or otherwise is untrue, inaccurate or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). You acknowledge and agree that we may send you important information and notices regarding your account and the Site by email, text messaging or other means based on the information you provide to us. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate information about yourself, including, but not limited to, your failure to receive critical information about the Site.

We may provide you with access to some features of the Site without you registering as a user and in each such case your identification is based on means of identification that we deem appropriate.

User Submissions Guidelines

Eligibility : We may permit written, photographic, video or other material to be submitted by you and other users (collectively, "User Submissions") through the Site via e-mail or via any other means, and we may also permit the hosting, sharing, and/or publishing of such User Submissions. In order to submit a User Submission on the Site, you must be a legal resident of the 50 United States or the District of Columbia who is of legal age of majority in your jurisdiction of residence (and at least 18 years of age). You understand that whether or not such User Submissions are published or otherwise used, We do not guarantee any confidentiality with respect to any submissions to the Site.

Submission Specifications : By making a submission to the Site (including, without limitation, any video submissions), you agree that such User Submission is original with you and accurate and that you own all right, title and interest in any User Submission you submit to us and any elements you include in the User Submission (such as photographs, footage and the like). You may be required to provide documentation in a form acceptable to us evidencing such rights. You also agree that the User Submission (i) does not violate, and its use will not violate, the rights of any third party or any applicable law or ordinance; (ii) is not pornographic, obscene, indecent, profane, threatening, harassing, hateful, intimidating, abusive, defamatory, tortuous, fraudulent, or otherwise objectionable in any way, and does not encourage conduct that would constitute illegal activity, give rise to civil liability, or otherwise violate any local, state, national or foreign law, including any right of publicity, right of privacy or any other proprietary right of another; (iii) does not promote any activities that may appear unsafe or dangerous; (iv) does not promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of the foregoing); (v) does not post advertisements or solicitations of business; (vi) does not contain copyrights, trademarks, logos, or trade dress owned by others; and (vii) does not contain materials embodying the names, likenesses, voices, or other indicia identifying any person including, without limitation, celebrities and/or other public or private figures (or using look-alikes of the same), living or dead.

You agree not to (i) use the Site, the Content (including, without limitation, the User Submissions), or any products or services included on or available through the Site for any unlawful purpose; (ii) restrict or inhibit any other user from using and enjoying the Site, including by means of disrupting the normal flow of dialogue, causing a screen to "scroll" faster than other users of the Site are able to type, hacking or defacing any portion of the Site, introducing any virus, worm, Trojan Horse, Easter Egg, time bomb, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or otherwise acting in a manner that negatively affects other users' ability to engage in real time exchanges ; (iii) post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication or engage in spamming or flooding; (iv) impersonate any other person or entity, or misrepresent your affiliation with any other person or entity; or (v) u se any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content on the Site. You agree not to solicit, for commercial purposes, any users of the Site with respect to their User Submissions.

We reserve the right to reject any User Submission that we determine does not meet any of the criteria set forth above. Also, we reserve the right not to accept any User Submission for any reason, or no reason at all, if in our sole discretion, we do not believe that the User Submission is appropriate for the Site. We will not advise you as to the reason why your User Submission has not been accepted. We may elect to post User Submissions that we believe do not violate the intent or purpose of these Terms and Conditions (e.g., incidental or insignificant uses of trademarks, logos, or copyrighted items) and/or other otherwise make use of User Submissions as provided under these Guidelines. We reserve the right, but undertake no duty, to review, edit, move or delete any material (including, without limitation, the User Submissions) provided for display or placed on the Site, in our sole discretion.

Advertising

You acknowledge advertising my be included on this site. Furthermore, you acknowledge that advertising may be paid or community service based. It may be pay=per-click or through one or more affiliate programs. You also acknowledge, by clicking or responding to any advertising you may be taken to a third party site We have no control over and we are not responsible for the actions, inactions, policies or conduct of such third party.

Privacy

We are committed to respecting your privacy and protecting your personally identifiable information. We do not share any information about our membership with any other company or site. We only gather the information required to complete a transaction and provide member services. We do not retain that information any longer than required to complete the transaction.
Infringement and Regulatory Complaints

We will cooperate with any law enforcement authorities and comply with any judicial order requesting or directing us to disclose any information we have about the identity of anyone uploading, downloading, or posting materials, or otherwise using the Site in violation of any applicable federal, state, or local laws.

We respect the intellectual property of others. If you believe that your work has been copied in any way without your permission (including as part of a User Submission), please provide the following information to our Agent to Receive Notification of Claimed Copyright Infringement identified below. Your notice must contain the following:
1) An electronic or physical signature of the person authorized to act on behalf of the copyright owner whose work you claim has been infringed;
2) A description of the work you claim has been infringed;
3) Identification of the work you claim infringes the copyrighted work and a description of where it is located on the Site;
4) Your address, telephone number and e-mail address;
5) A statement by you that you have a good faith belief that the infringing use is not authorized by the copyright owner, the copyright owner's agent or by law; and
6) A statement by you, 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.

Our Agent to Receive Notification of Claimed Copyright Infringement can be reached as follows:
Tim Owensby Consulting
PO Box 871
Duluth, GA 30096

Disclaimer of Warranties
THE SITE AND ALL CONTENT, PRODUCTS AND SERVICES INCLUDED ON OR AVAILABLE THROUGH THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. YOU AGREE THAT YOUR USE OF THE SITE AND ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE IS AT YOUR SOLE RISK. WE AND OUR RESPECTIVE PARENTS, SUBSIDIARIES, PARTNERS, VENDORS, AGENTS, AFFILIATES, LICENSORS, SPONSORS AND ADVERTISERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE MAKE NO WARRANTY: (I) THAT USE OF THE SITE OR ANY CONTENT OR SERVICES ON OR FROM THE SITE (INCLUDING ANY USER SUBMISSIONS) WILL BE UNINTERRUPTED, TIMELY, ACCURATE, SECURE OR ERROR FREE; (II) THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (III) THAT ANY ERRORS ON THE SITE WILL BE CORRECTED; OR (IV) THAT THE SERVERS ON WHICH THE SITE, CONTENT AND SERVICES ARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL TIM OWENSBY, fsicom.NET, ANY ENTITY OWNING ANY PART OF fsicom.NET, OR ITS RESPECTIVE PARENTS, SUBSIDIARIES, PARTNERS, REPRESENTATIVES, VENDORS, AGENTS, AFFILIATES, LICENSORS, SPONSORS AND ADVERTISERS (Collectively known as "Us or We") BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE (EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, REVENUE, OR BUSINESS INTERRUPTION, OR LOSS OF COMPUTER PROGRAMS OR DATA ARISING FROM (I) YOUR USE OF OR INABILITY TO USE THE SITE, OR (II) CONTENT, PRODUCTS, AND/OR SERVICES INCLUDED ON OR AVAILABLE THROUGH THE SITE. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY. THEREFORE, THE ABOVE DISCLAIMER OF WARRANTIES AND/OR LIMITATION OF LIABILITY MAY NOT APPLY TO YOU IN ITS ENTIRETY.

YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR ANY ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

Indemnification

You agree to defend, indemnify and hold Us harmless from and against any and all claims, demands, liabilities, losses, damages, costs and expenses (including, without limitation, reasonable attorneys' fees) arising from your breach of any warranties, representations and agreements set forth in these Terms and Conditions, including, without limitation, your unauthorized use of any Content (including the User Submissions).

Termination

You agree We may terminate your membership, if you do not have any voting rights or ownership interest, at any time with or without cause. Furthermore, you agree We may limit your access solely to content you added to the system with or without cause. This ensures your access to your own repository data but allows us to deal with members who create problems or situations detracting from the value and peaceful enjoyment of the membership at large.

Governing Law

THE PARTIES AGREE THAT THIS AGREEMENT, OR ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, AND EQUITABLE CLAIMS) BETWEEN YOU AND US arising from or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this agreement, advertising by US, or any related purchase SHALL, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BE GOVERNED BY THE LAWS OF THE STATE OF GEORGIA, WITHOUT REGARD TO CONFLICTS OF LAWS RULES.

Binding Arbitration

ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN YOU AND Us, its respective agents, employees, principals, successors, assigns, or affiliates (collectively for purposes of this paragraph, "US, OUR, WE") arising from or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), Our advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE NATIONAL ARBITRATION FORUM (NAF) under its Code of Procedure then in effect (available via the Internet at http://www.arb-forum.com, or via telephone at 1-800-474-2371). The arbitration will be limited solely to the dispute or controversy between you and Us. NEITHER YOU NOR WE SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS OF OURS, OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. This transaction involves interstate commerce, and this provision shall be governed by the Federal Arbitration Act 9 U.S.C. sec. 1-16 (FAA). Any award of the arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. We will be responsible for paying any arbitration filing fees and fees required to obtain a hearing to the extent such fees exceed the amount of the filing fee for initiating a claim in the court of general jurisdiction in the state in which you reside. Each party shall pay for its own costs and attorneys' fees, if any. However, if any party prevails on a statutory claim that affords the prevailing party attorneys' fees, or if there is a written agreement providing for fees, the Arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law. Information may be obtained and claims may be filed with the NAF at P.O. Box 50191 , Minneapolis , MN 55405 .

Miscellaneous

These Terms and Conditions shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be modified or eliminated to the minimum extent necessary and the remaining provisions shall be enforced. These Terms and Conditions constitute the entire agreement between the parties hereto, and supersede any other agreement, promise, or practice between the parties relating to the subject matter hereto. We reserve the right to terminate your access to and ability to use the Site (or any portion thereof), at any time (with or without notice). No waiver by either party of any right hereunder shall constitute a waiver of this or any other right.