
Welcome!
Thank you for choosing The-Job-Site as your gateway to the Internet and enjoying the benefits of the The-Job-Site web site. We know you're anxious to begin using your Service, but before you do we encourage you to familiarize yourself with our , our responsibilities, and yours. This material and information found in the registration process, is the agreement that will apply to your use of the service. You may also read all of these terms and conditions by continuously scrolling down through the entire document.
One more thing -- we may revise the agreement, so check this agreement periodically on the The-Job-Site web site. Your use of the Service will confirm your agreement to these terms and conditions as well as your acceptance of the changes we make to the agreement. Thank you again for relying on The-Job-Site.com
Our Responsibilities
We agree to:
provide members with an online service;
take steps to protect members privacy; and
inform you of the terms and conditions that apply to your use of The-Job-Site.com
Your Responsibilities
You agree to:
read and adhere to the Terms and Conditions as detailed herein;
read and maintain all updates the Terms and Conditions as detailed herein; and
observe all applicable rules and laws governing the use of the internet.
KEY TERMS
The-Job-Site/Service
The value-added Internet access service known as The-Job-Site, and the The-Job-Site web site.
The-Job-Site/we/our
The-Job-Site, The-Job-Site and all other The-Job-Site business groups and affiliates.
members
A registered user of The-Job-Site identified in the membership registration process.
you/your
Any member or other person or entity using the Service or any part of the Service, including, but not limited to, using the The-Job-Site web site and the information or features offered in or through the The-Job-Site web site.
Third parties who contribute to the Service
The-Job-Site's officers, directors, employees, agents, licensors, suppliers, distributors, and any third-party distributors of the Service or Software or third-party information providers to the Service (including any third party sponsoring a Web Site that The-Job-Site by agreement establishes as a default home page for a member or otherwise provides a hyperlink to from the Service)
Stay up to date
To keep you informed of changes to this agreement, we'll notify you by posting the updated form of this agreement on the The-Job-Site web site, or by e-mail, by U.S. mail, or by posting a message to some area of the Service.
The-Job-Site-quality customer care
If you are a member and you have any questions, need to resolve problems with your Service, believe someone is using your account improperly, or wish to update the information you gave during registration, you may contact our customer service department (The-Job-Site Customer Care) by: Calling 1-800-332-7364
Sending us an e-mail. To help ensure your correspondence gets into the right hands as quickly as possible, and to enable you to send certain inquiries even when your The-Job-Site e-mail program isn't working properly, Customer Care has set up a web-based e-mail system that can be accessed at http://email@truckdriversonline.com
Using the links available from the The-Job-Site help menus.
In addition, you may cancel your Service by calling 1-800-332-7364 or following any other instructions that may be posted on the The-Job-Site Help web pages.
While we encourage you to use one of the methods described above to reach us, you may also communicate with us by sending a first class, postage paid letter via courier or U.S. mail to:
The-Job-Site
Customer Care
7190 Elder Lane
Sun Prairie, WI 53590
phone: 1-608-837-8911
The-Job-Site's Online Privacy Policy
As an The-Job-Site member, you give us information about yourself that we use to conduct our daily business with you. With The-Job-Site's Online Privacy Policy we want to assure our members that we keep such customer-identifiable information as confidential as possible. Please click here to view
Legal conditions
There is a wide variety and quantity of information available through the Internet using The-Job-Site While we hope you'll take full advantage of the Internet, please note that we don't have control over most of what's accessible through the Service -- in other words, for protecting yourself from harmful or inaccurate information.
In the event that a legal dispute arises concerning this agreement, please be aware that these rules apply:
You must begin any legal proceeding within one year after your claim arises. ALL DISPUTES, CONTROVERSIES OR CLAIMS, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR RELATING TO THIS AGREEMENT AND THE SERVICE ("DISPUTES") SHALL BE SETTLED BY FINAL AND BINDING ARBITRATION, BY A NEUTRAL ARBITRATOR, IN ACCORDANCE WITH THIS AGREEMENT AND THE THEN CURRENT COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. The arbitrarily of Disputes shall also be determined by the arbitrator. Each party shall bear its own expenses, except that the prevailing party may recover the filing costs and the expenses of the arbitrator from the other party. Any award of the arbitrator shall be in writing and shall state the reasons for the award. Judgment upon an award may be entered in any Court having competent jurisdiction. The arbitrator shall not have the power to award any damages in excess of the applicable dollar limits set forth in or excluded under the "you're responsible" section of this Agreement. The arbitrator shall not have the power to order pre-hearing discovery of documents or the taking of depositions, but may compel attendance of witnesses and the production of documents at the hearing. The Federal Arbitration Act, 9 U.S.C. Sections 1 to 14, shall govern the interpretation and enforcement of this paragraph. The parties, their representatives and participants and the arbitrator shall hold the existence, content and result of the arbitration in confidence, except to the limited extent necessary to enforce a final settlement agreement or to obtain or enforce a judgment on an arbitration decision and award. Disputes relating to your failure to pay billed charges for use of the Service are exempt from the binding arbitration requirement. The foregoing notwithstanding, this agreement shall not prevent The-Job-Site or a member from seeking and obtaining temporary equitable remedies, including temporary restraining orders, from a court with jurisdiction over the parties and the subject matter. A request to a court for interim equitable relief shall not be deemed a waiver of the obligation to arbitrate.
· The-Job-Site and each member agrees that The-Job-Site would be irreparably harmed by the use, by members or otherwise, of The-Job-Site's Service or facilities in connection with the transmission of Spam Newsgroup Postings or Unsolicited E-Mails in violation of this Agreement, as defined below, and that The-Job-Site shall be entitled to obtain injunctive relief against such transmission. Such remedy shall not be deemed to be an exclusive remedy, but shall be in addition to all other remedies available at law or in equity. The-Job-Site reserves the right to block, filter or delete Unsolicited E-Mails.
· NEW YORK LAW (EXCLUDING ITS CHOICE OF LAW RULES) WILL APPLY TO THE CONSTRUCTION, INTERPRETATION AND ENFORCEMENT OF THIS AGREEMENT.
· The-Job-Site and third parties who contribute to the Service may bring claims against you for violations of this agreement.
· The words of this agreement, not the conduct between us or any trade practice, will control what the agreement means.
· Our decision not to enforce a particular provision of this agreement does not mean that we waive the right to enforce it. We will only waive such a right in writing.
· We reserve the right to cancel this agreement without notice for any reason, at any time -- you are entitled to cancel when you notify us beforehand. If we cancel your account or terminate our agreement with you for any reason, you agree not to reregister for the Service without our written permission. You agree that your deregistration for the Service following the suspension or cancellation of your account by The-Job-Site without receiving written permission from The-Job-Site will result in a charge to your account of up to $500 as well as termination of your account.
· We may assign our rights and duties under this agreement to others at any time without notifying you. You may not assign your rights and duties under this agreement to others.
· Provisions concerning the following matters will survive termination of this agreement: legal conditions, payment, and our rights and the rights of others.
Requirements regarding eligibility, payment, and your e-mail I.D.
Eligibility
To become a member, you have to be at least eighteen years old. You must register using your own name. If you use a credit card for payment, you must provide a credit card account number which is issued in your name or which you are authorized to use.
E-mail I.D.
During registration, we'll ask you to enter the name or number you want as your e-mail I.D.
Payment
You must pay all charges related to your account and provide all equipment necessary to use your Service.
Please note:
Use of our access numbers to reach the Service is not free.
If we change your pricing plan, we'll notify you and allow you to stay with your old plan for at least one more billing cycle.
Our rights and the rights of others
The-Job-Site enables you to contribute to and gain from a wealth of materials -- some , others . In order to preserve everyone's rights, you must:
print and download material from the Service for your , non-commercial purposes only;
limit the number of you make of Service-related materials;
not any aspect of the Service;
comply with the terms and conditions of third parties who provide you with materials, including Software; and
not deliberately or accidentally to countries that the U.S. prohibits export to.
The-Job-Site is continuously working to improve service for all of our members through careful and efficient management of its network, especially during periods of peak demand. In order to assist us in balancing user loads, we reserve the right to manage maximum session length and terminate sessions that exceed the maximum length even if you are actively using your connection. In the event your session has been terminated, you may immediately dial back in to reconnect.
ABCs of The-Job-Site
To maintain an informative and valuable service, The-Job-Site has established the ABC's of The-Job-Site. While it is not our intent to control your online communication or monitor its content, we may edit or remove content that we become aware of and determine to be harmful, offensive or otherwise in violation of these ABC's. These ABC's apply to all content provided to or through the Service, including e-mail messages, newsgroup postings, chat, and personal web pages.
Act responsibly
1. Don't use the Service to interfere with others' use of the Service or of the Internet in general, to conduct illegal or abusive activity, or to submit materials that violate the rights of others. Specifically:
don't send messages, data, images and programs that are libelous, defamatory, obscene, pornographic, threatening, abusive, or hateful;
don't send materials that contain viruses, worms, or any other destructive elements; and
don't interfere with or infringe the copyrights, trademarks, logos, service marks, or confidential information of others.
2. You may not use or attempt to use the Service to violate its security or the security of systems accessible through it.
3. for the use of your service account. Remember that anyone who has unprotected access to your computer will be able to use your Service account freely. Therefore, you should secure your computer equipment so that only authorized users can gain access to your Service account.
You understand and acknowledge that the Service is intended for your periodic and legitimately active use. As a consumer oriented dial-up service it is not intended, nor is it designed, to provide an "always on" or "always connected" capability. In order to make the Service available fairly to all our members, we reserve the right to terminate members' sessions after an extended period. In addition, if you leave your Service idle for a period of time we may disconnect you. You may not take action for the purpose of defeating our "idle timeouts" or similar mechanisms. In the event your session has been terminated for any reason, you may immediately dial back in to reconnect.
Members may register for multiple The-Job-Site accounts. Only one user may be logged into The-Job-Site for any single account at any time. In the event that more than one user is logged into an The-Job-Site account at any time, The-Job-Site may terminate such account immediately and/or charge the account holder the full Standard price applicable to The-Job-Site Member Pricing (without any discount under any The-Job-Site offer) for each simultaneous user.
You may not use your The-Job-Site dial-up connection to host a dedicated Internet server site.
Violation of these fairness principles may result in the termination or suspension of your account.
Be honest
1. You may not resell or otherwise redistribute the Service or profit in any other way by providing access to others.
2. Don't allow others outside of your household to use the Service.
3. Unless you're participating in an area of the Service that requires or encourages anonymity, use your real name in online communications.
4. You must abide by the terms and conditions applicable to your use of specific features of the Service that may be published on the The-Job-Site Web Site, as well as terms and conditions applicable to other products or services that are available through the Service.
Communicate, don't inundate
1. Don't post any single message to more than five online forums or newsgroups ("Spam Newsgroup Postings"), and please make sure your message doesn't deviate from the topic or violate the rules of those forums or newsgroups.
2. Don't send: (i) a piece of unsolicited commercial e-mail to any person; or (ii) any other unsolicited e-mail to more than 10 people if such e-mail could reasonably be expected to provoke complaints from its recipients (either shall be "Unsolicited E-Mail"). Don't engage in any of the foregoing activities by using the service of another provider, by channeling such activities through an The-Job-Site or The-Job-Site account, remailer, or otherwise through an The-Job-Site service, using an The-Job-Site or The-Job-Site account, as a mail drop for responses or in any way indicating to recipients that an The-Job-Site or The-Job-Site account, was involved in the transmission of the Unsolicited E-Mail. We reserve the right not to deliver any outbound e-mail, or any posting which violates the above guidelines.
A note on relay spam: Sometimes someone who is not a member of the Service will attempt to relay large numbers of e-mail, in bulk, off of or through one of our servers. We reserve the right to discard that bulk relay e-mail because it is an unauthorized use of our Service. Any e-mail addressed to you in care of the Service that is included may not be delivered to you.
3. Submit promotional materials only in areas of the Service designated for that purpose.
4. Don't submit charity requests, petitions for signatures, or any chain mail related materials.
5. Don't engage in any of the foregoing acts prohibited by these ABC's using another service provider.
You're Responsible
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICE AND OF YOUR ACCOUNT-- The-Job-Site AND THIRD PARTIES WHO CONTRIBUTE TO THE SERVICE ARE NOT RESPONSIBLE FOR ANY LOSS, DAMAGE OR COST (INCLUDING CONSEQUENTIAL DAMAGES) YOU OR ANYONE ELSE USING YOUR ACCOUNT MIGHT INCUR DUE TO YOUR USE OR INABILITY TO USE THE SERVICE. IF YOU LIVE IN A STATE WHOSE LAWS PREVENT YOU FROM TAKING FULL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICE, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT ALLOWED BY LAW. IN NO EVENT SHALL The-Job-Site's LIABILITY OR THE LIABILITY OF THIRD PARTIES WHO CONTRIBUTE TO THE SERVICE EXCEED (1) FOR INJURY TO PROPERTY OR PERSON CAUSED BY OUR NEGLIGENCE, THE AMOUNT OF DIRECT DAMAGES TO THE PROPERTY OR PERSON, OR (2) FOR ALL OTHER CLAIMS, ACTIONS OR DAMAGES PERMITTED UNDER THIS AGREEMENT, OUR SERVICE CHARGES DURING THE AFFECTED PERIOD.
The-Job-Site AND THIRD PARTIES WHO CONTRIBUTE TO THE SERVICE MAKE NO EXPRESS OR IMPLIED WARRANTIES (INCLUDING WARRANTIES OF TITLE, NO INFRINGEMENT, AND IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE), REPRESENTATIONS, OR ENDORSEMENTS REGARDING THE SERVICE, THE SOFTWARE, OR ANY THIRD PARTY MATERIAL AVAILABLE THROUGH THE SERVICE. FURTHERMORE, THE SERVICE AND SOFTWARE ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS -- WE DO NOT WARRANT THAT THEY WILL BE UNINTERRUPTED OR ARE ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.
FINALLY, YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS The-Job-Site AND THIRD PARTIES WHO CONTRIBUTE TO THE SERVICE FROM ANY LOSS, DAMAGE, OR COST (INCLUDING ATTORNEYS' FEES) RESULTING FROM YOUR VIOLATION OF THIS AGREEMENT OR ANY ACTIVITY RELATED TO YOUR ACCOUNT.
Owned by The-Job-Site
All aspects of the Service are copyrighted as a collective work under U.S. copyright laws and are owned by The-Job-Site- including The-Job-Site trademarks, service marks and logos.
The-Job-Site also has a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sublicense, to use in any way any ideas or materials that you submit, to The-Job-Site or the Service.
Owned by third parties
Trademarks, service marks, and logos owned by third parties remain the property of those third parties.
Own
The-Job-Site gives you a non-exclusive, non-assignable right and license to use the Service.
Number of copies
Unless you have the express written consent of the copyright owner, you are limited to making one machine readable copy, one backup copy, and one print copy of any The-Job-Site -provided materials available from the Service.
Alter
For example, you may not modify the Software in any way, or change or delete any copyrights, trademarks, service marks and logos on the Service. In addition, you may not reverse assemble, reverse compile or reverse engineer the Software.
Export the Software
The words "export" and "reexport" mean transferring or releasing the Software to another country or to a national of another country.
You certify that you are a U.S. citizen, U.S. resident alien, or Canadian citizen if you've received or installed:
Software that carries a label restricting its export outside the U.S. or Canada; or
Software including the Netscape Navigator browser and a message in the Help/About Netscape box stating that the Software supports "U.S. security."; or
Any other Software that contains language in or on the Software restricting its export outside of the U.S. or Canada.
If you are not a U.S. citizen, U.S. resident alien, or Canadian citizen and have received this Software, please return it to us and call 1-800- for an "exportable" version.
Please note that the Software is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of Commercial Computer Software Restricted Rights at 48 CFR 52.227-19, as applicable. The manufacturer of the Software created by The-Job-Site is The-Job-Site, 7190 Elder Lane, Sun Prairie, WI 53590.
© Copyright 1999. The-Job-Site All rights reserved. The-Job-Site, The-Job-Site is a registered trademark and service marks of The-Job-Site in the United States and other countries. The other marks which appear on this Web Site may be marks of third parties that are not affiliated with The-Job-Site and its affiliates do not control or endorse the content of third party Web Sites.