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- or mentioned on the Service. Any information or material placed online, including advice and opinions, are the
views and responsibility of those who post the statements or those who actually sell any merchandise, and do not
necessarily represent the views of Service Provider or its third party service providers.
USE OF THE SERVICE BY YOU:
Your right to use the Service is personal to you -- you may not authorize others to use the Service, and you are
responsible for all use of the Service by you and by those you allow to use, or provide access to, the Service.
The Service is not intended for users under the age of 13, and Service Provider does not knowingly collect
ersonally identifiable information from users under the age of 13. Such users are expressly prohibited from
submitting their personally identifiable information to us, and from using our forums and chat areas; any
information submitted by such users will not knowingly be used, posted, or retained by us.
You agree not to use any obscene, indecent, or offensive language or to place on the Service any material that is
defamatory, abusive, harassing, or hateful. Further, you may not place on the Service any material that is
encrypted,
constitutes junk mail or unauthorized advertising, invades anyone's privacy, or encourages conduct that would
constitute a criminal offense, give rise to civil liability, or that otherwise violates any local, state, national
or international law or regulation. You agree to use the Service only for lawful purposes and you acknowledge that
your failure to do so may subject you to civil and criminal liability.
You are responsible for ensuring that any material you provide to the Service or post on a bulletin board or forum,
including but not limited to text, photographs and sound, does not violate the copyright, trademark, trade secret
or any other personal or proprietary rights of any third party or is posted with the permission of the owner(s) of
such rights. Material on the Service is for your personal use only. The Service contains copyrighted and other
proprietary information. You may not in any way make commercial or other unauthorized use, by publication,
re-transmission, distribution, performance, caching, or otherwise, of material obtained through the Service, except
as permitted by the Copyright Act or other law or as expressly permitted in writintg by this Agreement, Service
Provider or the Service. You agree not to disrupt, modify or interfere with the Service or its associated software,
hardware and/or servers in any way, and you agree not to impede or interfere with others' use of the Service. You
further agree not to alter or tamper with any information or materials on or associated with the Service.
Other than connecting to Service Provider's servers by http requests using a Web browser, you may not attempt to
gain access to Service Provider's servers by any means - including, without limitation, by using administrator
passwords
or by masquerading as an administrator while using the Service or otherwise.
You acknowledge that Service Provider has not reviewed and does not endorse the content of all sites linked to from
this Service and is not responsible for the content or actions of any other sites linked to from this Service. Your
linking to any service or site is at your sole risk.
USE OF MATERIAL SUPPLIED BY YOU:
For information regarding use of the material and information you supply or communicate with the Service, please
see our Privacy Policy. By posting messages, uploading files, inputting data, or engaging in any other form of
communication through the Service, you grant us a royalty-free, perpetual, non-exclusive, unrestricted, worldwide
license to use, reproduce, modify, adapt, translate, enhance, transmit, distribute, publicly perform, display, or
sublicense any such communication (including your identity and information about you) in any medium (now in
existence or hereinafter developed) and for any purpose, including commercial purposes, and to authorize others to
do so.
COPYRIGHT COMPLAINTS:
Service Provider respects the intellectual property of others, and we ask our users to do the same. Service
Provider
may, in appropriate circumstances and at its discretion, suspend or terminate the access of and take other action
against users, subscribers, registrants and account holders who infringe the copyright rights of others.
If you believe that your work has been copied and is accessible on the Service in a way that constitutes copyright
infringement, or that the Service contains links or other references to another online location that contains
material or activity that infringes your copyright rights, you may notify Service Provider by providing the
following
information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium
Copyright Act, 17 U.S.C. sec. 512) to our copyright agent set forth below.
A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single
online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and
that
is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Service
Provider to locate the material;
Information reasonably sufficient to permit Service Provider to contact the complaining party, such as an address,
telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good faith belief that use of the material in the manner complained of
is not authorized by the copyright owner, its agent, or the law;
A statement that the information in the notification is accurate, and under penalty of perjury, that the
complaining
party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; Their SERVICES ARE USED IN PROVIDING THESE SERVICES TO YOU ON THIS SITE ("SERVICES") AND INCLUDE
PROPRIETARY MATERIALS, THE USE OF WHICH IS SUBJECT TO THE TERMS AND CONDITIONS OF THIS END-USER AGREEMENT, AS
AMENDED FROM TIME TO TIME UPON NOTICE FROM Their, WHICH NOTICE MAY BE PROVIDED TO YOU ON THE PAGES THROUGH
WHICH YOU ACCESS OR USE THE SERVICES. PROCEEDING WITH THE USE OF THE SERVICES, OR THE CONTINUED USE OF THE SERVICES
AFTER RECEIVING NOTICE OF ANY CHANGES, CONSTITUTES YOUR ASSENT TO AND ACCEPTANCE OF THE END-USER AGREEMENT AND
EXHIBIT A HERETO. IF YOU DO NOT AGREE WITH ALL THE TERMS, YOU MUST NOT USE THE SERVICES!
Their INCORPORATED
END-USER SERVICES AGREEMENT
This End-User Services Agreement ("Agreement") is an agreement between you, an individual or an individual acting on
behalf of your employer, a corporation, partnership, or other legal entity that will be using Their
services ("User"), Their Incorporated, a California corporation located at 2216 O'Toole Avenue, San Jose, CA
95131 ("Company"), and the owner of the Web site through which you have requested Their services
("Client"). Their services, as described below in Section 2 and Exhibit A hereto (the "Services"), include
proprietary materials, the use of which is subject to the terms and conditions of this Agreement.
1. ACKNOWLEDGMENT AND ACCEPTANCE OF AGREEMENT
The Services, provided by Company on behalf of Client, are provided to User under the terms and conditions of this
Agreement and Exhibit A hereto, any amendments to this Agreement and/or Exhibit A, and any operating rules or
policies that may be published from time to time by Company and Client, all of which are hereby incorporated by
reference. This Agreement comprises the entire agreement between User and Company and supersedes any prior
agreements pertaining to the subject matter contained herein.
2. DESCRIPTION OF SERVICES
Company, on behalf of Client, is providing User with any or all of the following services: (a) email; (b)
meta-search; (c) community services; and (d) any other services which Company may elect to provide on behalf of
Client in the future. These Services are provided to User at the discretion of Client, and Company has no obligation
to provide the Services directly to User. Company does not charge User for the Services (though Company may do so at
any time in the future), but may charge for enhancements User may elect to obtain (e.g., Mail Plus).
Company and Client also reserve the right to modify or discontinue, temporarily or permanently, the Services with or
without notice to User. User agrees that Company, Client, and their third party service providers shall not be
liable to User or any third party for any modification or discontinuance of the Services.
3. USER'S REGISTRATION OBLIGATIONS
User must be at least thirteen (13) years old to register for the Services. In consideration of use of the Services,
User agrees to: (a) provide true, accurate, current, and complete information about User as prompted by the
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