Emerging Network Solutions
Privacy Policy | Conditions of Use

Privacy Policy
Emerging Network Solutions is committed to protecting your privacy. That is why we have adopted this Privacy Policy. This Privacy Policy is intended to describe how your personal information is processed and used, and we will make every effort to ensure that our activities keep within the spirit of this Privacy Policy. Please note that by visiting and using ENSWest.com you are accepting the practices described in this Privacy Policy.

What Information is Emerging Network Solutions gathering about its visitors and how is it being used?


Every computer connected to the Internet is provided with a domain name (e.g. att.net) and an IP Address (e.g. 192.168.13.205). When a visitor requests a page from within the Emerging Network Solutions website, our Web Servers automatically identify and log the HTTP request that is made to our Web Server. This information reveals nothing personal about you. In fact, the only information that we automatically gather and log is as follows:

• The IP Address of the Site that may have Referred you.
• Your IP Address and remote host.
• The Web Page that you may have linked to us from, if any.
• User Agent-Version and Make of Browser (e.g. Internet Explorer 6.0)
• The Operating System platform that you may be running (e.g. Macintosh or Windows)
• Search Words or Terms that are passed from a Search Engine (e.g. Google, Yahoo, or Lycos)

There is absolutely nothing special about the information just described, and the practice of collecting this data has been generally standardized by virtually every Web Server on the Internet today.

The purpose for this information is actually two-fold. One, Emerging Network Solutions has found it advantageous to examine visitor traffic in its aggregate, so that we can ensure maximum compatibility for the various Browsers and Operating Systems that visit our site. Additionally, as any business should attest, it is our desire to generate greater amounts of visitor traffic. By analyzing visitation patterns, referring URLs and Search Engine terms, we can strategically enhance our exposure on the Internet. We do reserve the right to block internet users who have commited malicious acts towards Emerging Network Solutions. Malicious meaning: spam, copy right infringement, harassment, malicious/harrassing email.

What about Cookies?


Use of Cookies and other Data Collection Methods
Cookies are small pieces of information that a web site transfers to your computer's hard disk for record-keeping purposes. Cookies can make a web site more useful by allowing the site to personalize information for visitors and by storing information about customer preferences on a particular site. The use of cookies is an industry standard, and many major web sites use them to provide useful features for their customers. The ENS West website utilizes cookies as a means of providing personalization features to our visitors. For example, we utilize cookies to track what pages are most frequented so we can get rid of the pages that are of no interest.

You can choose whether to accept cookies by changing the settings of your browser. Typically, by accessing the browser's help feature you can obtain information on how to prevent your browser from accepting all cookies or to notify you when a cookie is being sent. If you choose not to accept these cookies, your experience at our website and other websites may be diminished and some features may not work as intended.

What other information does Emerging Network Solutions request?


We may also request your e-mail address or mailing address for the purposes of conducting a survey, adding you to our mailing list, or by your request to have someone contact you for additional information. Whenever we request the identity of a visitor, we will clearly indicate the purpose of the inquiry before the information is requested. We maintain a strict "No Spam" policy that means we do not intend to sell, rent, or otherwise give your e-mail address to a third-party, without your consent.

What information does Emerging Network Solutions collect when I purchase something?


If you purchase something, such as a website, we need to obtain the appropriate information in order to complete the transaction. Depending upon the method of payment that you select and your location, the required information may vary. However, generally speaking we will need:


• Your Name
• Billing Address (for Credit Card Orders)
• Shipping Address
• E-Mail Address
• Phone Number
• Credit Card Number (for Credit Card Orders)
• Expiration Date (for Credit Card Orders)

We use shopping cart features that safeguard this information by using industry standard SSL (Secure Sockets Layer) encrypted servers. SSL encodes the information transferred between you and the server, rendering it unreadable to anyone trying to intercept the information.

Will Emerging Network Solutions disclose the information collected to Third Parties?


Emerging Network Solutions will disclose your personal information or any of its log file information when required by law or in the good-faith belief that such actions are necessary to:

1. Conform to the edicts of the law or comply with a legal process served on Emerging Network Solutions .
2. Protect and defend the rights or property of Emerging Network Solutions , or visitors of Emerging Network Solutions .
3. Identify persons who may be violating the law, the legal notice, or the rights of third parties.
4. Cooperate with the investigations of purported unlawful activities.

Emerging Network Solutions uses reasonable precautions to keep the information disclosed to us secure. Emerging Network Solutions reserves the right to transfer information in connection with the sale of all or part of Emerging Network Solutions capital stock or assets to any third party. Furthermore, we are not responsible for any breach of security or for any actions of any third parties that receive the information. Emerging Network Solutions also provides "links" to a wide variety of other web sites on the Internet. We are not responsible for their Privacy Policies or how those web sites manage information about their users. We strongly urge you to check with those web sites to determine their privacy policy.

Any changes to this Privacy Policy will be posted on this page so that you are always aware of the information that we collect, how we use it, and under what circumstances we disclose it.

Copyright 2004, Emerging Network Solutions All Rights Reserved.


Conditions of Use

Thank you for visiting Emerging Network Solutions . The Emerging Network Solutions website has been made available to you subject to your compliance with the terms and conditions set forth below (the "Conditions of Use"). Please read this document carefully before accessing or using the Emerging Network Solutions website. By accessing or using this website, you are agreeing to be bound by the Conditions of Use. If you do not wish to be bound by the Conditions of Use, you may not access or use the website.
Modification of these Conditions of Use


Emerging Network Solutions reserves the right to change the terms, conditions, and notices at any time, and such modifications shall be effective immediately upon posting of such changes. You are therefore responsible for regularly reviewing these Conditions of Use and additional terms or notices posted on the ENS West website. Your continued access of this website shall be deemed your conclusive acceptance of the modified agreement.


Privacy


Please review our Privacy Policy, which also governs your visit to Emerging Network Solutions , to understand our practices regarding the use and disclosure of your personal information.

Electronic Communications

When you visit Emerging Network Solutions or send e-mails to us, you are communicating with us electronically, and thereby you are consenting to receive communications from us electronically or by other means available. We will communicate with you electronically, by telephone or by facsimile. It is further understood that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.

Copyright and Licenses

The entire contents of this website, including but not limited to: Text, graphics, logos, button icons, Flash movies, images, audio clips, digital downloads, data compilations, and software, are the property of Emerging Network Solutions , its content suppliers or it's clients and are protected by Domestic and International copyright and trademark laws. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute any portion of the website contents without the prior express written consent of Emerging Network Solutions .

You may print or download portions of the materials from various areas of this website solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. If you believe any content appearing on our website constitutes a copyright infringement of another parties rights, please contact us immediately at legal@ENSWest.com to notify us of this infringement.

Your submissions of files including, but not limited to: Resumes, e-mail, flash movies, images, logos, audio loops, and other software hereby constitutes your agreement to grant Emerging Network Solutions a non-exclusive, royalty-free, worldwide, sub-licensable, perpetual license, to reproduce, distribute, transmit, modify, adapt, sub-license, and publicly display any such submissions. You also grant Emerging Network Solutions the right to utilize your name in connection with all advertising, marketing and promotional materials related thereto.

License and Website Access

Emerging Network Solutions grants you limited license to access and make personal use of this website and not to download (other than for page caching purposes) or modify it, or any portion of it, except with the express written consent of Emerging Network Solutions . This website or any portion of this website may not be reproduced, duplicated, adapted, copied, sold, resold, transmitted or otherwise exploited for any commercial purpose without the express written consent of Emerging Network Solutions . You may not frame, or use any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, flash movie, page layout, or form) of Emerging Network Solutions without the express written consent of Emerging Network Solutions . You may not use META tags or any other "hidden text" which utilize ENSWest.com, ENSWest.com, Emerging Network Solutions or any other derivative of our domain or company name without the express written consent of Emerging Network Solutions . You are hereby granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Emerging Network Solutions so long as the link does not portray any false, misleading, derogatory, or otherwise offensive matter.

It is further understood and agreed that Emerging Network Solutions cannot and does not guarantee or warrant that files made available for downloading through the Emerging Network Solutions website will be free of infection or viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties. It is your responsibility for implementing sufficient safeguards and procedures to ensure that any files obtained through Emerging Network Solutions are free from such contaminations.

Disclaimer of Warranty/Limitation of Liability

THIS WEBSITE AND RELATED INFORMATION IS PROVIDED BY Emerging Network Solutions ON AN "AS IS" AND "AS AVAILABLE" BASIS. Emerging Network Solutions MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND, OR AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Emerging Network Solutions DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Emerging Network Solutions DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM Emerging Network Solutions ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Emerging Network Solutions WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

Emerging Network Solutions USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON THIS WEBSITE. Emerging Network Solutions ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY TYPOGRAPHICAL OR OTHER ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE. IN THE EVENT THAT A PRODUCT IS LISTED AT AN INCORRECT PRICE OR WITH OTHER INCORRECT INFORMATION, Emerging Network Solutions SHALL HAVE THE RIGHT TO REFUSE OR CANCEL ANY ORDERS PLACED FOR THE PRODUCT LISTED INCORRECTLY. IF A PRODUCT OFFERED BY Emerging Network Solutions IS NOT AS DESCRIBED, YOUR SOLE REMEDY IS TO RETURN IT TO Emerging Network Solutions FOR A REFUND. ALL POSTAGE REQUIRED TO RETURN A PRODUCT WILL BE AT THE BUYER'S EXPENSE.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

No claim is made to the exclusive right to use STUDIO apart from the mark as
shown.

Third Party Links

Linked websites are not under the control of Emerging Network Solutions and Emerging Network Solutions is not responsible for the contents of any linked site or any link contained in a linked site. Emerging Network Solutions provides links to you only as a convenience, and the inclusion of any link does not imply or constitute an endorsement by Emerging Network Solutions of the site.

Applicable Law

By visiting the Emerging Network Solutions website, you agree that the laws of the state of California, without regard to principals of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Emerging Network Solutions .

Disputes

Any dispute relating in any way to your visit or access of the Emerging Network Solutions website or to the products or services you purchase through the Emerging Network Solutions website shall be submitted to binding arbitration in Sacramento County, California, except that, to the extent you have in any manner violated or threatened to violate Emerging Network Solutions ' intellectual property rights, Emerging Network Solutions may seek injunctive or other appropriate relief in any state or federal court in the state of California, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these Conditions of Use shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Conditions of Use shall be joined to an arbitration involving any other party subject to these Conditions of Use, whether through class arbitration proceedings or otherwise.

Indemnification

You agree to indemnify, defend and hold harmless Emerging Network Solutions , its officers, directors, owners, partners, employees, agents, licensors, suppliers and any third party information provider to the website from and against all losses, expenses, damages and costs, including attorney's fees, resulting from any violation of these Conditions of Use (including negligent or wrongful conduct) by you or your use and access of the Emerging Network Solutions website.

International Use

Given the global nature of the Internet, you agree to comply with all local rules including, without limitation, rules about the Internet, data, e-mail, privacy, copyright, and trademark infringement. Additionally, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

Other Provisions

Emerging Network Solutions failure to insist upon or enforce strict performance of any provision of these Conditions of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Conditions of Use. Emerging Network Solutions may assign its rights and duties under these Conditions of Use to any party at any time without notice to you. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity or enforceability of any remaining condition. Any rights not expressly granted herein are reserved.

Request and Address


Please send notices by care of e-mail to: legal@enswest.com

(or) by our Mailing Address:

Emerging Network Solutions
1006 Rockwood Court
Vacaville, CA 95687


Copyright Notice and Terms of Service
COPYRIGHT AND TRADEMARK NOTICES

All content, including without limitation all software, HTML code, VBScript code, JavaScript code, Visual Basic code, C and C++ code, ASP code, PHP code, CFM code, ActiveX controls, SWF code, Action Script, text, images, photographs, graphics, designs, logos, compilation, "look and feel" and overall design ("Materials") contained within, displayed on, and/or available from http://www.ENSWest.com ("This Web Site") are Copyright © 2003-2004 Emerging Network Solutions and/or their suppliers. All rights reserved.

All product, brand and company names, logos, text, code and graphics contained within, displayed on, and/or available from This Web Site may be the trademarks or registered trademarks or copyrighted works of their respective owners and/or companies.

All Materials contained within, displayed on, and/or retrievable by any means from This Web Site are protected by U.S. copyright and international treaties and may not be modified, copied, distributed, transmitted, displayed, performed, reproduced, published, licensed, derivative works created from, transferred, or sold, unless otherwise noted, without the express permission of Emerging Network Solutions , who reserves all rights.

Re-use of any of This Web Site's Materials online or offline for any purpose is strictly prohibited unless otherwise noted. The Materials available from This Web Site are available for informational and noncommercial uses only, provided the Materials are not modified in any way, all copyright and other notices on any copy are retained, and permission is expressly granted by Emerging Network Solutions or their designated agents.

DO NOT copy or adapt the HTML, JavaScript, VBScript or any other software code that Emerging Network Solutions creates to generate This Web Site. It also is covered by Emerging Network Solutions' copyright.

The "look" and "feel" of This Web Site also are trademarks of Emerging Network Solutions . This includes without limitation This Web Site's color combinations, backgrounds, button shapes and graphics, menus, layout, and all other graphical elements.

PERSONAL AND NON-COMMERCIAL USE LIMITATION
This Web Site is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or Materials obtained or derived from This Web Site.


LINKS TO THIRD PARTY SITES
This Web Site may contain links to Web sites operated by parties other than Emerging Network Solutions or there agents. Such links are provided for your convenience only. Emerging Network Solutions does not control such Web sites, and is not responsible for their contents. Emerging Network Solutions' inclusion of links to such Web sites does not imply any endorsement of the material on such Web sites or any association with their operators.

NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of This Web Site, you warrant to Emerging Network Solutions and their agents that you will not use This Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices.

SOFTWARE AVAILABLE ON THIS WEB SITE
Software (if any) that is made available to download from This Web Site ("Software") is the copyrighted work of Emerging Network Solutions and/or their suppliers. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software not accompanied by a license agreement, Emerging Network Solutions hereby grants to you, the user, a personal, non-transferable license to use the Software for viewing and otherwise using the Software in accordance with these terms and conditions, and for no other purpose provided that you keep intact all copyright and other proprietary notices. Please note that all Software, including without limitation all HTML code, VBScript code, JavaScript code, Visual Basic code, C and C++ code, ASP code SWF code, Action Script and ActiveX controls contained within This Web Site, is owned by Emerging Network Solutions and/or their suppliers and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software or Materials is expressly prohibited by law, unless otherwise noted, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE MATERIALS AND/OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the USA. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to USA export restrictions.

LIABILITY DISCLAIMER
The Materials, information, software, products, and services included on This Web Site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Emerging Network Solutions and/or their respective suppliers may make improvements and/or changes in This Web Site at any time. Advice received via This Web Site should not be relied upon for personal, medical, spiritual, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.

Emerging Network Solutions MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, TIMELINESS, AND ACCURACY OF THE MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THIS WEB SITE FOR ANY PURPOSE. ALL SUCH MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. Emerging Network Solutions HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THESE MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

IN NO EVENT SHALL Emerging Network Solutions BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS WEB SITE, THE MATERIALS OR THE SOFTWARE, WITH THE DELAY OR INABILITY TO USE THIS WEB SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, MATERAILS, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF Emerging Network Solutions HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEB SITE.

SERVICE CONTACT
Contact info@ENSWest.com with questions or problems with This Web Site.

MODIFICATION OF THESE TERMS AND CONDITIONS
Emerging Network Solutions reserves the right to change the terms, conditions, and notices under which This Web Site is offered.

GENERAL
This agreement is governed by the laws of the State of California, U.S.A. Use of This Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Emerging Network Solutions as a result of this agreement or use of This Web Site.

Emerging Network Solutions' performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Emerging Network Solutions' right to comply with governmental, court and law enforcement requests or requirements relating to your use of This Web Site or information provided to or gathered by Emerging Network Solutions with respect to such use.

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. This agreement constitutes the entire agreement between the user and Emerging Network Solutions with respect to This Web Site, Materials and any Software available therefrom, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Emerging Network Solutions with respect to This Web Site.

A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Fictitious names of companies, products, people, characters and/or data mentioned herein are not intended to represent any real individual, company, product or event. Any rights not expressly granted herein are reserved.

Your use of This Web Site, any Software available therefrom and the Materials is governed by the terms and conditions of this notice. Continued use or "browsing" of This Web Site constitutes unconditional acceptance of their terms and conditions.