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PAGEGETTER.COM TERMS OF SERVICE
Terms of Service – Thank you for using PageGetter.com, Inc
("PageGetter"). PageGetter provides its services to you, subject to the
following Terms of Service ("TOS").
1. Agreement and General Terms of Use
1.1 This agreement governs your use of PageGetter services (the
"Service"), including without limitation Webpage Retriever, Webpage
Scheduler, Personal Surfer and Corporate Connection. Additional terms
and conditions of use applicable to specific services may also be posted
in such areas specific to those services. This agreement, together with
any such additional terms and conditions, are referred to as this
"Agreement".
1.2 In consideration of PageGetter providing you the Service, you agree
to abide by all of the provisions in this Agreement in order to remain
an authorized user of the Service, and your use of the Service
constitutes your agreement to abide by these provisions. You are solely
responsible for your use of the Service, for all use of the Service made
by others using your email account and service, and for ensuring that
such use complies with the provisions of this Agreement.
1.3 PageGetter reserves the right, in its sole discretion, to change,
limit, modify, or discontinue any aspect or feature of this Agreement at
any time, effective immediately upon notice published on the Service.
Your continued use of the Service constitutes your binding acceptance of
these terms and conditions, including any changes or modifications made
by PageGetter as permitted above. If at any time the terms and
conditions of this Agreement are no longer acceptable to you, you should
immediately cease all use of Service.
1.4 PageGetter reserves the right at any time and from time to time to
modify, restrict or discontinue, temporarily or permanently, the Service
(or any part thereof) with or without notice. You agree that PageGetter
shall not be liable to you or to any third party for any modification,
suspension, limitation or discontinuance of the Service.
1.5 PageGetter reserves the right, in its sole discretion, to limit or
restrict the use of the Service as well as suspend or revoke your rights
to use the Service based on PageGetter's belief that your use of the
Service violates that permitted by this Agreement or applicable law.
2. Privacy Policy
Retaining your privacy is important to PageGetter. Registration
Information and certain other information about you is subject to our
Privacy Policy. For complete information, please see our full privacy
policy. <http://www.pagegetter.com/privacy.htm>
3. Description of Service
3.1 PageGetter currently provides access to the vast resources and
information available on the World Wide Web via email. This access is
provided as part of some or all the services PageGetter offers.
3.2 Unless explicitly stated otherwise, any new features that augment or
enhance the current Service, shall be subject to the TOS.
3.3 You understand and agree that the Service is provided "AS-IS / AS
AVAILABLE" and that PageGetter assumes no responsibility for the
timeliness, deletion, mis-delivery or failure associated with Service.
4. Your Registration Obligation
4.1 In consideration of your use of the Service, you agree to provide
true, accurate, current and complete information ("Registration Data")
about yourself as prompted by the Service’s registration form and any
subsequent requests for information updates.
4.2 PageGetter has the right to suspend or terminate your access and
refuse any and all current or future use of the Service (or any portion
thereof) if it has reasonable grounds to suspect that such information
is untrue, inaccurate, not current or incomplete.
5. Use of Service
5.1 You understand that all information, data, text, software, music,
sound, photographs, graphics, video, messages or other materials
("Content"), available via the Service, are the sole responsibility of
the person from which such Content originated. This means that you, and
not PageGetter, are entirely responsible for all Content that you
request and receive via the Service. PageGetter does not control the
Content available via the Service and, as such, does not guarantee the
accuracy, integrity or quality of such Content. You understand that by
using the Service, you may be exposed to Content that is offensive,
indecent or objectionable. Under no circumstances will PageGetter be
liable in any way for any Content, including, but not limited to, for
any errors or omissions in any Content, or for any loss or damage of any
kind incurred as a result of the use of any Content posted, emailed or
otherwise transmitted via the Service.
5.2 You agree to not use the Service to:
a. obtain or transmit any Content that is unlawful,
harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar,
libelous, invasive of another's privacy, hateful, or racially,
ethnically or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not
limited to, a PageGetter official, forum leader, guide or host, or
falsely state or otherwise misrepresent your affiliation with a person
or entity;
d. forge headers or otherwise manipulate identifiers in
order to disguise the origin of any Content transmitted through the
Service;
e. submit, retrieve or otherwise transmit any Content that
you do not have a right to receive or transmit under any law or under
contractual or fiduciary relationships (such as inside information,
proprietary and confidential information learned or disclosed as part of
employment relationships or under nondisclosure agreements);
f. submit, retrieve or otherwise transmit any Content that
infringes any patent, trademark, trade secret, copyright or other
proprietary rights ("Rights") of any party;
g. use the information, data or resource available via the
Service with any unsolicited or unauthorized advertising, promotional
materials, "junk mail," "spam," "chain letters," "pyramid schemes," or
any other form of solicitation;
h. submit, retrieve or otherwise transmit any material that
contains software viruses or any other computer code, files or programs
designed to interrupt, destroy or limit the functionality of any
computer software or hardware or telecommunications equipment;
i. act in a manner that negatively affects other users'
ability to engage in use of the Service;
j. interfere with or disrupt the Service or servers or
networks connected to the Service, or disobey any requirements,
procedures, policies or regulations of networks connected to the
Service;
k. intentionally or unintentionally violate any applicable
local, state, national or international law, including, but not limited
to, regulations promulgated by the U.S. Securities and Exchange
Commission, any rules of any national or other securities exchange,
including, without limitation, the New York Stock Exchange, the American
Stock Exchange or the NASDAQ, and any regulations having the force of
law;
l. "stalk" or otherwise harass another; or
m. collect or store personal data about other users.
5.3 You acknowledge that PageGetter does not pre-screen Content, but
that PageGetter and its designees shall have the right (but not the
obligation) in their sole discretion to refuse or block any Content that
is available via the Service. Without limiting the foregoing, PageGetter
and its designees shall have the right to block any Content that
violates the TOS or is otherwise objectionable. You agree that you must
evaluate, and bear all risks associated with, the use of any Content,
including any reliance on the accuracy, completeness, or usefulness of
such Content. In this regard, you acknowledge that you may not rely on
any Content created or provided by PageGetter or submitted to
PageGetter.
5.4 You understand that the technical processing and transmission of the
Service, including your Content, may involve (a) transmissions over
various networks; and (b) changes to conform and adapt to technical
requirements of connecting networks or devices.
5.5 By using Service you confirm you are the owner, registered user, or
administrator of any email address(es) or otherwise have permission or
authorization to use same address(es) with Service.
5.6 Any software used in, associated with or included in Service may not
be modified, duplicated, de-compiled or reverse engineered.
6. Advertising
6.1 Your correspondence or business dealings with, or participation in
promotions of, advertisers found on or through the Service, including
payment and delivery of related goods or services, and any other terms,
conditions, warranties or representations associated with such dealings,
are solely between you and such advertisers. You agree that PageGetter
shall not be responsible or liable for any loss or damage of any sort
incurred as the result of any such dealings or as the result of the
presence of such advertisers on the Service.
6.2 The Service may provide, or third parties may provide, links to
other World Wide Web sites or resources. Because PageGetter has no
control over such sites and resources, you acknowledge and agree that
PageGetter is not responsible for the availability of such sites or
resources, and does not endorse and is not responsible or liable for any
Content, advertising, products, services or other material on or
available from such sites or resources. You further acknowledge and
agree that PageGetter shall not be responsible or liable, directly or
indirectly, for any damage or loss caused or alleged to be caused by or
in connection with use of or reliance on any such Content, goods or
services available on or through any such site or resource.
7. Disclaimer of Warranties; Limitation of Liability
7.1 PageGetter does not review or monitor the content, subject or
origination of messages delivered to you by Service. PageGetter is not
responsible for any content you receive through Service.
7.2 NEITHER PAGEGETTER OR ANY PROVIDER OF THIRD PARTY SERVICE OR THEIR
RESPECTIVE AGENTS WARRANTS THAT THE SERVICE WILL BE UNINTERRUPTED OR
ERROR FREE; NOR DOES PAGEGETTER, ANY THIRD PARTY SERVICE PROVIDER, OR
THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE
OBTAINED FROM USE OF SERVICE. THE SERVICE IS PROVIDED ON AN "AS IS, AS
AVAILABLE" BASIS. NONE OF PAGEGETTER, THIRD PARTY SERVICE PROVIDERS AND
THEIR RESPECTIVE AGENTS MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS
OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE, WITH RESPECT TO SERVICE, ANY CONTENT OR ANY PRODUCTS OR
SERVICES ADVERTISED THROUGH THE SERVICE. NEITHER PAGEGETTER NOR ANY
THIRD PARTY CONTENT PROVIDER WARRANTS THAT ANY FILE AVAILABLE FOR
DOWNLOAD OR FORWARDED THROUGH THE SERVICE WILL BE FREE OF VIRUSES OR
SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE THAT
THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICE AND THE
ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU.
7.3 NEITHER PAGEGETTER, ANY THIRD PARTY CONTENT OR SERVICE PROVIDER NOR
THEIR RESPECTIVE AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF
OR INABILITY TO USE THE SERVICE. THESE LIMITATIONS APPLY REGARDLESS OF
WHETHER THE PARTY LIABLE OR ALLEGEDLY LIABLE WAS ADVISED, HAD OTHER
REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY OF SUCH DAMAGES. YOU
SPECIFICALLY ACKNOWLEDGE AND AGREE THAT PAGEGETTER (AND ANY OF ITS
PARENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, AGENTS, DISTRIBUTORS,
INVESTORS, THIRD PARTY CONTENT OR SERVICE PROVIDERS, OR LICENSORS (AND
THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS)), IS NOT
LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER,
INCLUDING YOU.
7.4 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM PAGEGETTER OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY
NOT EXPRESSLY STATED IN THE TOS.
7.5 SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR
LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE
ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES,
THE LIABILITY OF PAGEGETTER, THIRD PARTY CONTENT AND SERVICE PROVIDERS
AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT
PERMITTED BY LAW.
8. Indemnity
To the maximum extent permitted by applicable law, you will defend,
indemnify and hold harmless PageGetter (and any of its parents,
subsidiaries, affiliates, employees, agents, distributors, third party
content or service providers, or licensors (and their respective
directors, officers, employees, and agents)) from and against all
claims, liability, and expenses, including attorneys' fees and legal
fees and costs, arising out of your use of the Service or your breach of
any provision of this Agreement. PageGetter reserves the right, in its
sole discretion and at its own expense, to assume the exclusive defense
and control of any matter otherwise subject to indemnification by you.
You will cooperate as fully reasonably required in the defense of any
claim.
9. International Use
Recognizing the global nature of the Internet and email, you agree to
comply with all local rules regarding online conduct and acceptable
Content. Specifically, 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.
10. No Resale of Service
You agree not to reproduce, duplicate, copy, sell, resell or exploit for
any commercial purposes, any portion of the Service, use of the Service,
or access to the Service.
11. PageGetter’s Proprietary Rights
You acknowledge and agree that the Service and any necessary software
used in connection with the Service ("Software") contain proprietary and
confidential information that is protected by applicable intellectual
property and other laws. You further acknowledge and agree that Content
contained in sponsor advertisements or information presented to you
through the Service or advertisers is protected by copyrights,
trademarks, service marks, patents or other proprietary rights and laws.
Except as expressly authorized by PageGetter or advertisers, you agree
not to modify, rent, lease, loan, sell, distribute or create derivative
works based on the Service or the Software, in whole or in part.
12. Admonition for Service and Information Relating to Financial Matters
The Service is provided for informational purposes only, and no Content
included in the Service is intended for trading or investing purposes.
PageGetter shall not be responsible or liable for the accuracy,
usefulness or availability of any information transmitted via the
Service, and shall not be responsible or liable for any trading or
investment decisions made based on such information.
13. Miscellaneous
These terms and conditions shall be governed by and construed in
accordance with the laws of the state of Delaware, excluding its
conflict of law provisions. You and PageGetter agree to submit to the
personal and exclusive jurisdiction of the courts located within the
state of Delaware. The failure of PageGetter to exercise or enforce any
right or provision of these terms and conditions shall not constitute a
waiver of such right or provision. If any provision of these terms and
conditions is found by the court of competent jurisdiction to be
invalid, the court should endeavor to give effect to the intention
reflected in the provision, and the other provisions of these terms and
conditions shall remain in full force and effect. You agree that
regardless of any statute or law to the contrary, any claim or cause of
action arising out of or related to use of the Service or these terms
and conditions must be filed within one (1) year after such claim or
cause of action arose. The section titles herein are for convenience
only and have no legal or contractual effect. PageGetter reserves the
right to change these terms and conditions at any time and from time to
time.
14. Violations
Please report any violations of the TOS to Admin@PageGetter.com
<mailto:Admin@PageGetter.com> .
_____
Copyright © 2000 PageGetter.com, Inc. All rights reserved.
June 2000
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