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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 registration form; and (b) to maintain and update this information to keep it true, accurate, current, and complete. If any information provided by User ("Registration Data") is untrue, inaccurate, not current, or incomplete, Company and Client have the right to terminate User's account and refuse any and all current and/or future use of the Services. 4. USE OF REGISTRATION DATA User acknowledges that Registration Data is to be shared between Company and Client. Company and Client agree not to contact User if User informs Company of User's preference not to be contacted. Company shall inform Client if User states a preference not to be contacted. However, Company shall not be responsible or liable if Client contacts User, permits a third party to contact User, or provides or discloses User's Registration Data to any third party. User agrees that Company, Client, or a designee of Company or Client may disclose Registration Data to third parties about User and information about User's use of the Services, provided that such disclosures do not include User's name, mailing address, email address, telephone or facsimile number, or account number, unless: (a) User has joined the bubufu program, has co-registered to receive any third party products or services, or has otherwise authorized Company and/or Client to disclose such information; (b) such disclosure is required by law or legal process; or (c) User violates any of the terms set forth in Section 7 below. This Agreement includes the terms and conditions of Company's Privacy Policy, a copy of which is located at http://www.Their/p_policy.html, and which is hereby incorporated by reference. In the event that there exists any inconsistency between this Agreement and the Privacy Policy, the terms and conditions of the Privacy Policy shall take precedence. 5. USER CONTENT Company and Client consider email transmitted via the Services to be the private correspondence of the sender. Neither Company nor Client will monitor, edit, or disclose the contents of a User's private communications, except that User agrees that Company, Client, and their third party service providers may do so: (a) as required by law; (b) to comply with legal process; (c) if necessary to enforce this Agreement; (d) to respond to claims that such contents violate the rights of third parties; or (e) to protect the rights or property of Company, Client, its third party service providers, or others. ss, telephone or facsimile number, or account number, unless: (a) User has joined the bubufu program, has co-registered to receive any third party products or services, or has otherwise authorized Company and/or Client to disclose such information; (b) such disclosure is required by law or legal process; or (c) User violates any of the terms set forth in Section 7 below. This Agreement includes the terms and conditions of Company's Privacy Policy, a copy of which is located at http://www.Their/p_policy.html, and which is hereby incorporated by reference. In the event that there exists any inconsistency between this Agreement and the Privacy Policy, the terms and conditions of the Privacy Policy shall take precedence. 5. USER CONTENT Company and Client consider email transmitted via the Services to be the private correspondence of the sender. Neither Company nor Client will monitor, edit, or disclose the contents of a User's private communications, except that User agrees that Company, Client, and their third party service providers may do so: (a) as required by law; (b) to comply with legal process; (c) if necessary to enforce this Agreement; (d) to respond to claims that such contents violate the rights of third parties; or (e) to protect the rights or property of Company, Client, its third stupsertod, stup365site stupgr19
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