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Our Terms and Conditions of Use!

AGREEMENT BETWEEN NETWORK PARTNER AND HOTPLUGINS.

The HotPlugins Web Site is comprised of various Web sites and Web pages operated by HotPlugins or its affiliates, these Web sites will be collectively referred to in this agreement as the "HotPlugins Network Partners." Content Providers comprises web sites or companies that provides HotPlugins with various kinds of content to be distributed to Network Partners' sites.

By using HotPlugins, you must have read our terms and conditions and must agree to it.

HotPlugins is a web infrastructure solutions company, offering various plug-in services, content, interactivity, such as free email, forum, quiz, polls, etc., to various HotPlugins Network Partners (websites that uses one or more of HotPlugins' services).

By using HotPlugins, Network Partners will most likely be able to generate more traffic and stickiness to their websites, and as a result of that, also generate extra page views, and additional advertising opportunities.  Such advertising space, such as banner space is generally divided equally between HotPlugins, the Network Partners, and the Content Providers.  For example, should HotPlugins use content provided by a Content Provider, and allows these content to be used by HotPlugins Network Partners, any advertising space generated from this venture will be divided at about 1/3 to the Content Provider, 1/3 to the Network Partner, and the other 1/3 to HotPlugins.  As for dynamic content or community content that does not involve a Content Provider, advertising inventory will be divided at about 50/50 between HotPlugins and the Network Partner. Both Content Providers and Network Partners will be solely responsible in utilizing their own Ad Inventory, so long as they do not violate our terms and conditions.

Any ads that appear on HotPlugins Content or Dynamic Content or Services such as free emails, must not contain nudity, sexual situations, pornography, hate groups, illegal activities, is offensive or for any other reason deemed inappropriate by HotPlugins.

Network Partners agree that their web site information (name, URL, traffic counts, etc.) may be used by HotPlugins

HotPlugins, its administrators, partners and sponsors cannot be held liable for any damage or loss of information that may occur from the use of HotPlugins' services. 

Members agree to use
HotPlugins at their own risk.

HotPlugins makes every effort to verify and maintain a high standard of quality for our services, but HotPlugins does not make any guarantees regarding the dependability, or accuracy of SmartClicks' services.

AGREEMENT BETWEEN CONTENT PROVIDERS AND HOTPLUGINS

Content Providers agrees to provide their content, dynamically generate or otherwise, to HotPlugins to be re-used or re-distributed in any way HotPlugins sees fit. 

HotPlugins will not be held responsible for any content that it provides to it's Network Partners and it will also not be held responsible for any changes in content or any violations of copyright by its Network Partners.

AGREEMENT BETWEEN USER AND HotPlugins
The HotPlugins Web Site is comprised of various Web sites and Web pages operated by HotPlugins or its affiliates, these Web sites will be collectively referred to in this agreement as the "HotPlugins Network Partners."

Use of the HotPlugins Network provides a variety of services to third party Web sites participating in the HotPlugins Network (the "Member Sites"). The Member Sites are not under the control of HotPlugins and HotPlugins is not responsible for the actions or the contents of any Member Site, any link contained in a Member Site, or any changes or updates to such sites. If you have a question regarding a Member Site, please contact the owner of such site directly.

The HotPlugins Network is offered to you conditioned on your acceptance without modification of these Terms of Use and Notices. Your use of the HotPlugins Network constitutes your agreement to these Terms of Use and Notices. Your use of a particular HotPlugins Web site included within, or acceptance of a product, service or benefit obtained through, the HotPlugins Network may also be subject to additional terms specified in the applicable HotPlugins Web site or other accompanying documentation (as such terms may be modified by HotPlugins from time to time as described below) (the "Additional Terms"). If you do not have print capability or otherwise desire to obtain a hard copy of these Terms of Use and Notice, please contact HotPlugins customer service.

If any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within or applicable any particular HotPlugins Web site, service, product or benefit, then the applicable Additional Terms shall control. You agree to familiarize yourself with the Terms of Use, including the Additional Terms, and other terms and guidelines found throughout the HotPlugins Network and abide by them if you choose to use the sites, or accept the products, services or benefits, to which such terms apply.

MODIFICATION OF THESE TERMS OF USE 
HotPlugins reserves the right to change the Terms of Use and Notices, and any Additional Terms at anytime, effective upon making the modified provisions available on the HotPlugins Network. You are responsible for regularly reviewing these terms and conditions. Continued use of the HotPlugins Network after any such changes shall constitute your consent to such changes. HotPlugins does not and will not assume any obligation to notify you of any changes to the Terms of Use and Notices, or Additional Terms. 

USE LIMITATION
The HotPlugins Network is provided to assist you with the operation of your business. Your right to use the HotPlugins Network is personal to your company and its employees. Except to the extent necessary to utilize the services of the HotPlugins Network, you may not make any commercial use of the HotPlugins Network. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, services or benefits obtained from the HotPlugins Network.

LINKS TO THIRD PARTY SITES
THE LINKS IN THE HotPlugins NETWORK MAY LET YOU LEAVE THE HotPlugins NETWORK. YOU ACKNOWLEDGE THAT THE LINKED SITES ARE NOT UNDER THE CONTROL OF HotPlugins AND HotPlugins IS NOT RESPONSIBLE FOR THE CONTENTS OR OPERATION OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. HotPlugins IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. HotPlugins IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY HotPlugins OF THE LINKED SITE OR ANY ASSOCIATION WITH THEIR OPERATORS.

NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the HotPlugins Network, you warrant to HotPlugins that you will not use the HotPlugins Network for any purpose that is unlawful, or prohibited by these Terms of Use and Notices or the Additional Terms (as the same may be modified from time to time). In addition, you may not link to the HotPlugins Network any site containing an inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information, or material or information that violates any applicable intellectual property, proprietary, privacy or publicity rights.

The information provided by HotPlugins to you may be proprietary in nature. You agree not to share any information provided to you by or on behalf of HotPlugins with any third party. If you sell or otherwise distribute goods or services that compete with or may otherwise serve as a substitute for products or services sold or otherwise distributed by HotPlugins, you may not: (a) use or acquire, or have any other person use or acquire on your behalf, the products or services of HotPlugins for which you offer competing or substitute products or services; and (b) advertise, promote, market or solicit offers to acquire such competing or substitute products in connection with your use of any HotPlugins products or services.


LIABILITY DISCLAIMER
The information, software, products, services and other material included in or available through the HotPlugins Network may not be complete, and may include inaccuracies or typographical errors, and may also be modified or deleted from time to time. Advice, information, products, services or other materials received via the HotPlugins Network should not be relied upon for personal, medical, legal, business, financial or other decisions and is not intended to replace the advice of appropriate and qualified professionals. You acknowledge that you should consult an appropriate professional for specific advice tailored to your situation. 

Your access to and use of the HotPlugins Network, and products and services of HotPlugins, is at your own risk. HotPlugins, and its members and sponsors, will not be liable for any damage, loss or disclosure of information, data, revenue, accounts or business that occurs in connection with your use of the HotPlugins Network, or such products or services. HotPlugins makes no guarantees of any kind regarding the dependability, accuracy, security, timeliness or availability of the HotPlugins Network, or such products or services.
Without limiting the foregoing, HotPlugins AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE CONDITION, SUITABILITY, RELIABILITY, AVAILABILITY, COMPLETENESS, SECURITY, TIMELINESS, OR ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND MATERIALS CONTAINED ON THE HotPlugins NETWORK FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. HotPlugins AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR MATERIALS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. 

IN NO EVENT SHALL HotPlugins AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY 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 THE HotPlugins NETWORK OR RELATED SERVICES, WITH THE DELAY OR INABILITY TO USE THE HotPlugins NETWORK OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE HotPlugins NETWORK, OR OTHERWISE ARISING OUT OF THE USE OF THE HotPlugins NETWORK, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF HotPlugins OR ANY OF ITS SUPPLIERS 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 THE HotPlugins NETWORK, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE HotPlugins NETWORK AND ITS RELATED SERVICES. Without limiting the foregoing, HotPlugins is not responsible for any of your data residing on HotPlugins hardware. You are responsible for backing-up your data and information that may reside on the HotPlugins hardware, whether or not such information is produced through the use of the HotPlugins Network.

You agree to defend, indemnify and hold HotPlugins harmless from and against any and all claims, losses, liability costs and expenses (including but not limited to attorneys' fees) arising from your violation of these Terms of Use (including, without limitation, violation of applicable Additional Terms of Use), or any third-party's rights, (including, without limitation, infringement of any copyright, violation of any proprietary right and invasion of any privacy rights). These obligations will survive any termination of your relationship with HotPlugins.


ACCESS RESTRICTION
HotPlugins reserves the right to deny in its sole discretion any user access to the HotPlugins Network or any portion thereof without notice. You are responsible for safeguarding the confidentiality of your password(s) and user name(s) issued to you by HotPlugins, and for any use or misuse of your account or the HotPlugins Network resulting from any third party using a password or user name issued to you.

TERMINATION
HotPlugins may terminate this agreement and your access to any or all HotPlugins Network and the related services at any time, with or without cause, effective immediately. Anyone determined by HotPlugins to have violated these Terms of Use and Notices, or any Additional Terms may be barred from using the HotPlugins Network, or from receiving any products, services or benefits from the HotPlugins Network. In addition, if you violate any of these Terms of Use, Notices or Additional Terms (as applicable) you will forfeit all in-kind credits and amounts accruing to you (if any) in connection with the HotPlugins Network.


COPYRIGHT AND TRADEMARK NOTICES 
All contents of the HotPlugins Network are: Copyright (c) 1996 - 2000 EzerNet.  All rights reserved. 

TRADEMARKS 
HotPlugins is either a trademark or registered trademark of EzerNet.

The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved by HotPlugins.

 

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