CUSTOMER EXTRANET SITE POLICIES AND
2. Passwords and Security
3. Privacy and Data Collection
Fry Steel Company may record each instance that your Login ID and Password are used to access the Extranet Site and the time and duration of each session of your use of the Extranet Site. Fry Steel Company may also record information regarding your access to and use of the Extranet Site. Fry Steel Company will not disclose information provided by you regarding your customer base, customer profile or other demographic information to advertisers and vendors of Fry Steel Company. In addition, Fry Steel Company will not provide your email address to any entity that is not our subsidiary or affiliate. However, your email address and other personal information as provided on the Extranet Site will be available for other users of the Extranet Site.
Any unauthorized access, modification or change of any information on the Extranet Site, or any interference with the availability of or access to the Extranet Site is strictly prohibited.
You agree not to use the Extranet Site to:
upload, post, e-mail, submit or otherwise transmit any User Content that is unlawful, harmful, threatening, abusive, discriminatory, harassing, tortious, defamatory, vulgar, profane, pornographic, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable or offensive;
impersonate any person or entity;
disguise the authorship or origin of any User Content;
upload, post, e-mail, submit or otherwise transmit any User Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary information and confidential information);
upload, post, e-mail, submit or otherwise transmit any User Content that infringes, misappropriates or violates any patent, trademark, trade secret, copyright or other proprietary rights of any person;
upload, post, e-mail, submit or otherwise transmit any User Content constituting unsolicited or unauthorized advertising, promotional materials, bulk mail, "junk mail," "spam," "chain letters," or any other form of unauthorized solicitation;
upload, post, e-mail, submit or otherwise transmit any User Content that contains any viruses, spyware, Trojan horses, time bombs, software locks, drop-dead devices, malicious logic, worms, trap doors or any other harmful computer code, files or programs designed or intended to modify, delete, damage, disable, deactivate interrupt, destroy, limit or otherwise adversely affect the functionality, performance, safety, security or privacy of the Extranet Site or any computer software or hardware or telecommunications equipment connected to the Extranet Site;
interfere with or disrupt any computer software or hardware (including servers or networks) or telecommunication equipment connected to the Extranet Site;
permit any unauthorized use of or access to the Extranet Site or any computer software or hardware (including servers or networks) or telecommunications equipment connected to the Extranet Site; or
"stalk" or otherwise harass another user or collect or store personal data about other users.
5. Ownership of User Content
Any User Content transmitted via the Extranet Site shall become the property of Fry Steel Company.
6. Intellectual Property Rights
"Owner Content" means all text, images, sounds, files, videos, designs, animations, layouts, color schemes, "look and feel", trade dress, concepts, methods, techniques, process and data used in connection with, displayed on, or collected from or through the Extranet Site that is posted or provided by or on behalf of Fry Steel Company.
"Software" means all computer programs and computer code used for, with or on the Extranet Site, excluding any software programs owned by third parties.
Except for the limited license to use the Extranet Site as expressly provided herein, nothing herein or on the Extranet Site shall be deemed or construed as granting or conferring any right, title or license under any intellectual property right of Fry Steel, including but not limited to any right in the nature of trademark or copyright of Fry Steel Company or any third party, whether by estoppel, implication or otherwise. All brands and names appearing on the Extranet Site are, at all times shall remain, the sole and exclusive property of their respective owners.
8. Use and Storage
Fry Steel Company may establish general practices and limits concerning the use of the Extranet Site. Fry Steel Company disclaims any responsibility or liability for the deletion or failure to store any messages and other communications or other User Content uploaded, posted, e-mailed, submitted or otherwise transmitted or maintained by the Extranet Site. Fry Steel Company shall have the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
10. Links and Advertising
The Extranet Site may provide, or third parties may provide, links to other websites. Fry Steel Company is not responsible for the availability of such external sites, and neither endorses nor assumes any responsibility for any content, advertising, products, services or other materials on or available from such websites. Fry Steel Company is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website. All consideration (monetary or non-monetary) received by Fry Steel Company on account of the placement or sale of advertisements, endorsements and sponsorships on the Extranet Site will belong solely to Fry Steel Company.
11. Disclaimer of Warranties
You expressly acknowledge and agree that your use of the Extranet Site is at your sole risk. Fry Steel Company attempts to ensure that the information provided or otherwise displayed on the Extranet Site is secure and accurate. However, the Extranet Site and its contents are provided on an "as is, as available" basis. Fry Steel Company assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any of your User Content or settings.
FRY STEEL COMPANY EXPRESSLY DISCLAIMS AND BY YOUR USE OF THE EXTRANET SITE YOU HEREBY WAIVE, ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND OR NATURE WITH RESPECT TO THE EXTRANET SITE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RELIABILITY, COMPLETENESS AND NON-INFRINGEMENT. Without limitation to the foregoing, Fry Steel Company makes no warranties that (i) the Extranet Site will be uninterrupted, timely, secure or error-free, (ii) the results that may be obtained from the use of the Extranet Site will be accurate or reliable, (iii) the quality of any products, services, information or other material you purchase or obtain through the Extranet Site will meet your expectations, and (iv) any errors in the Software will be corrected.
12. Limitation of Liability
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT FRY STEEL, ITS DIRECT AND INDIRECT PARENTS, AFFILIATES AND SUBSIDIARIES, AND ALL OF THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, AGENTS, EMPLOYEES, SUCCESSORS AND ASSIGNS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FRY STEEL COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), DIRECTLY OR INDIRECTLY ARISING OUT OF, RELATING TO OR RESULTING FROM (I) YOUR USE OF OR INABILITY TO USE THE EXTRANET SITE, (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, DATA OR OTHER USER CONTENT, (III) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE EXTRANET SITE, OR (IV) ANY OTHER MATTER RELATING TO THE EXTRANET SITE . Without limiting the generality of the foregoing, Fry Steel Company specifically disclaims, and you expressly waive any liability for the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into, through or from the Extranet Site.
You shall not transfer, assign, sublicense or sublease your use of the Extranet Site or any part thereof to any third party without the prior written consent of Fry Steel Company. Any transfer, assignment, sublicense or sublease without such consent shall be null and void and without any legal force or effect whatsoever.