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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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