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Restrictions
on Use
Membership
Rules and Guidelines
Submissions
Financial
Services and Information
Disclaimer
of Warranties
Limitation
of Liability
Indemnification
Termination
Trademarks
Minors
Child
Online Protection Act Notification
Infringement
Policy
Modification
Export
Control Information
Miscellaneous
Privacy
Policy Statement
This Agreement sets forth the terms and conditions which apply
to your use of the DOTSKI.com web site (the "Service")
which are offered to you by DOTSKI ("DOTSKI.com"
). BY USING THIS SITE, YOU AGREE TO THE TERMS OF THIS USAGE
AGREEMENT JUST AS IF YOU HAD SIGNED THE USAGE AGREEMENT. If
you do not agree to be bound by this Agreement, please discontinue
your use of the Service.
1.
Restrictions on Use.
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The Service is a computer online service.
It is accessible to you through a personal computer, or other
access device, at www.DOTSKI.com using a communications connection
(e.g., modem and telephone line, cable, ADSL or other online
communications method pertaining to Internet connectivity).
As part of our service, you will be provided with information,
editorial content, chat rooms, links to other Web sites and
other computer services that DOTSKI may decide to offer, subject
to the terms hereof. DOTSKI may discontinue or alter any aspect
of the Service, including, but not limited to, (i) restricting
the time of availability, (ii) restricting the availability
and/or scope of the Service for certain platforms (i.e., computer
types and operating systems), (iii) restricting the amount
of use permitted, and (iv) restricting or terminating any
User's right to use the Service, at DOTSKI's sole discretion
and without prior notice or liability. You are responsible
for all charges (e.g., telephone) associated with connecting
to the Service through an available access number or connection
thereof. You are also responsible for obtaining or providing
all telephone access lines, telephone and computer equipment
(including modem), or other access device, necessary to access
the Service. You further certify that you are an individual
(e.g., not a corporation). This Service is owned and operated
by DOTSKI and contains material which is derived in whole
or in part from material supplied and owned by DOTSKI and
other sources, and is protected by copyright, trademark, and
other applicable laws. You may not modify, copy, reproduce,
republish, upload, post, transmit, publicly display, prepare
derivative works based on, or distribute in any way any material
from this Service including code and software ("Material").
You may download Material from this Service for your personal,
non-commercial use only, provided you keep intact all copyright
and other proprietary notices. In the event that you download
Material from the Service, such Material is licensed to you
by DOTSKI and DOTSKI does not transfer title to any such Material
to you.
2.
MEMBERSHIP RULES AND GUIDELINES.
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(a)
General. DOTSKI's Message Boards and Chat Services
(the "Connectivity Areas") and E-mail and Chatski
"Free Services") are all currently provided for
free to members who register with DOTSKI. DOTSKI reserves
the right to change the nature of this relationship at any
time. Members who register with DOTSKI must agree to accept
e-mail messages from DOTSKI, and if you opt in at registration,
from prescreened third parties, as part of the free service.
The e-mail messages sent to you by DOTSKI will inform you
of new membership benefits and features, let you know of problems
with the site, or with services offered by DOTSKI, and to
present members the opportunity to buy products and services
that may be of interest to you. If you opt in at registration,
DOTSKI may also provide your e-mail address, registration
information and other member information to prescreened third
parties. For further information, please review the terms
of DOTSKI's Privacy Policy. If you choose not to receive e-mail
messages from DOTSKI by removing yourself from our mailing
list, you forfeit all of your DOTSKI membership benefits,
including the right to use the Connectivity Areas and the
Free Services. Violation of the terms of this Agreement may
result in the termination your right to use the Connectivity
Areas, the Free Services, or your DOTSKI membership. Members
under the age of 18 must have parental consent before joining
DOTSKI, and children under the age of 13 should not register
with DOTSKI, post or otherwise use the Connectivity Areas
or the Free Services.
(b) Rules for Connectivity Areas and Free Services.
(1) Conduct Required for Use of All
Services: It is a condition of your use of the Connectivity
Areas and the Free Services that you do not: (i) restrict
or inhibit any other user from using and enjoying the Connectivity
Areas and Free Services; (ii) post or transmit any unlawful,
threatening, abusive, libelous, defamatory, obscene, vulgar,
pornographic, profane or indecent information of any kind,
including without limitation any transmissions constituting
or encouraging conduct that would constitute a criminal offense,
give rise to civil liability or otherwise violate any local,
state, national or international law; (iii) post or transmit
comments containing harassing or offensive language, including
sexual references, sexual nicknames, racial slurs or rude
or deliberately offensive comments or engage in disruptive
activities online, including excessive use of scripts, sound
waves, scrolling (repeating the same message over and over),
or use viruses, bots, worms or trojan horses; (iv) post or
transmit any information, software or other material which
violates or infringes the rights of others, including material
which is an invasion of privacy or publicity rights or which
is protected by copyright, trademark or other proprietary
right, or derivative works with respect thereto, without first
obtaining permission from the owner or right holder; (v) post
or transmit any information, software or other material which
contains a virus or other harmful component; (vi) post or
transmit content that encourages or provides instructional
activities about illegal activities, in particular hacking,
cracking or phreaking; (vii) post, transmit or in any way
exploit any information, software or other material for commercial
purposes or which contains advertising; (viii) solicit other
users to join, become members of, or contribute money to any
online service or other organization, advocate or attempt
to get users to join in legal or illegal schemes or plan or
participate in scams involving other users; (ix) impersonate
any person or entity or falsely state or otherwise misrepresent
your professional or other affiliation with any person or
entity; (x) resell, redistribute, broadcast or transfer the
information or use the information in a searchable, machine-readable
database; or (xi) use the Service to collect personally identifying
information about users of the Service in violation of our
Privacy Policy. You agree that you will not use the Service,
including the information provided therein and all related
equipment, networks and network devices (specifically including
Internet access) for any unlawful purpose. DOTSKI, at its
sole and absolute discretion, shall determine whether any
information transmitted or received violates this provision.
(2) Monitoring. You understand
that DOTSKI has no obligation to monitor the Connectivity
Areas, or any other use by members of the Free Services. However,
DOTSKI reserves the right at all times to disclose any information
as necessary to satisfy any law, regulation or governmental
request, or to refuse to post or to remove any information
or materials, in whole or in part, that in DOTSKI's sole and
absolute discretion are objectionable or in violation of this
Agreement. You acknowledge that DOTSKI reserves the right
to, and may from time to time, monitor any and all information
transmitted or received through the Service, for operational
and other purposes. During monitoring, information may be
examined, recorded, copied, and used for authorized purposes
in accordance with our Privacy Policy. Use of the Service
constitutes consent to such monitoring.
(3) License. Except as set forth
in the Privacy Policy, by uploading files, inputting data,
or engaging in any other form of communication (a "Communication")
through the Connectivity Areas and the Free Services (other
than personal E-mails) you are granting DOTSKI a royalty free,
irrevocable, perpetual, non-exclusive, unrestricted, worldwide
license to (i) use, copy, sublicense, adapt, transmit, publicly
perform or display any such Communication, and (ii) sublicense
to third parties the unrestricted right to exercise any of
the foregoing rights granted with respect to such Communication.
No Communication shall be subject to any obligation of confidence
on the part of DOTSKI. The foregoing grants shall include
the right to exploit any proprietary rights in such Communication,
including but not limited to rights under copyright, trademark,
servicemark, or patent laws in any relevant jurisdiction.
(4) Connectivity Area and Free Services
Content. Communications posted in the Connectivity Areas
and through the Free Services are provided by users such as
yourself who are unaffiliated with DOTSKI, and the user providing
each such Communication is solely responsible for the content
thereof. In using the Connectivity Areas or receiving e-mail
messages from members through the Free Services, you should
not assume that such messages have been reviewed by DOTSKI,
that such Communications contain correct information, or that
the persons posting such Communications have accurately identified
themselves and/or their affiliation with any third party.
(5) Personal Safety. When using
the Service, please be certain that anything you say does
not compromise your personal safety. Do not provide your name,
phone number or any other personally identifying information
to people you do not know. Do not continue any conversation
online that makes you feel uncomfortable.
3.
Submissions.
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DOTSKI is pleased to hear from users
and welcomes your comments regarding DOTSKI's programs and
services. DOTSKI's longstanding company policy does not allow
it to accept or to consider creative ideas, suggestions, or
materials other than those it has specifically requested.
We hope that you will understand that the intent of this policy
is to avoid the possibility of future misunderstandings when
projects developed by DOTSKI's employees and agents might
seem to be similar to creative works submitted by users. Accordingly,
while we value your feedback, we must ask that you do not
send original creative materials. If, at our request, you
send certain specific submissions (postings to the Connectivity
Areas, or contests), or without a request from us you send
creative suggestions, ideas, notes or concepts or other materials,
they shall be deemed, and shall remain, the property of DOTSKI,
and shall otherwise be subject to the provisions of Section
2(d), above.
4.
Financial Services and Information.
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The Service provides links to online
financial information, online trading services and other financial
services for your convenience only. These online trading services
are provided by registered broker dealers and mutual fund
companies, and such broker dealers and mutual fund companies
are solely responsible for any services provided to you. DOTSKI
is not a registered broker dealer or mutual fund company,
and does not endorse or recommend the services of any particular
broker dealer or mutual fund company.
5.
Disclaimer of Warranties.
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DOTSKI HAS PROVIDED LINKS AND POINTERS
TO INTERNET SITES MAINTAINED BY THIRD PARTIES ("THIRD
PARTY SITES") AND MAY FROM TIME TO TIME PROVIDE THIRD
PARTY MATERIALS ON THIS SERVICE. NEITHER DOTSKI OR ITS SUPPLIERS
OPERATE OR CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS
OR SERVICES ON THESE THIRD PARTY SITES. THE MATERIALS IN THIS
SERVICE AND THE THIRD PARTY SITES ARE PROVIDED "AS IS"
AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW,
DOTSKI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. DOTSKI
DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS
AND PRODUCTS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS
WILL BE CORRECTED, OR THAT THIS SERVICE, INCLUDING THE COMMUNITY
AREAS, OR THE SERVER THAT MAKES THEM AVAILABLE, ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS. DOTSKI DOES NOT WARRANT
OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS
OF THE USE OF THE MATERIALS IN THIS SERVICE OR IN THIRD PARTY
SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS,
RELIABILITY OR OTHERWISE. you assume all risk of errors and/or
omissions in the Service, including the transmission or translation
of information. You assume full responsibility for implementing
sufficient procedures and checks to satisfy your requirements
for the accuracy and suitability of the Service, including
the information, and for maintaining any means which you may
require for the reconstruction of lost data or subsequent
manipulations or analyses of the information provided hereunder.
YOU ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR
OR CORRECTION.
6.
Limitation of Liability.
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IN NO EVENT SHALL DOTSKI, OR ITS AFFILIATES
OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING
OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SERVICE
OR WITH THE DELAY OR INABILITY TO USE THIS SERVICE, OR FOR
ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED
THROUGH THIS SERVICE, OR OTHERWISE ARISING OUT OF THE USE
OF THIS SERVICE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY
OR OTHERWISE, EVEN IF DOTSKI OR ANY OF ITS SUBSIDIARY COMPANIES,
AFFILIATES OR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY
OF DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT DOTSKI,
ITS AFFILIATES OR SUPPLIERS SHALL NOT BE LIABLE FOR ANY DEFAMATORY,
OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THIS SERVICE.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED
WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION
MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL
RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM
STATE TO STATE.
7.
Indemnification.
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You agree to defend, indemnify and hold
harmless DOTSKI, its affiliates and their respective directors,
officers, employees and agents from and against any and all
claims, actions, suits or proceedings, as well as any and
all losses, liabilities, damages, costs and expenses (including
reasonable attorneys fees) arising out of or accruing from
(a) any material posted or otherwise provided by you that
infringes any copyright, trademark, trade secret, trade dress,
patent or other intellectual property right of any person
or defames any person or violates their rights of publicity
or privacy, (b) any misrepresentation made by you in connection
with your use of the Service; (c) any non-compliance by you
with the terms and conditions of this Agreement; and (d) claims
brought by persons or entities other than the parties to this
Usage Agreement arising from or related to your access and
use of the Service, including the information obtained through
the Service.
8.
Termination.
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This Agreement and the license rights granted hereunder shall
remain in full force and effect unless terminated, suspended,
or canceled for any of the following reasons: (a) immediately
upon receipt of written notice by DOTSKI of its intent to
terminate this Agreement, (b) upon thirty (30) days written
notice by you to DOTSKI that you wish to terminate this Agreement;
(c) immediately by DOTSKI for any unauthorized access or use
by you, including, without limitation (i) concurrent access
of the Service with identical user identification numbers,
(ii) permitting another person or entity to use your user
identification number to access the Service, or (iii) any
other access or use of the Service except as expressly provided
in this Agreement; or (d) immediately, if you violate the
terms and conditions of this Agreement or the rules and regulations
relating to the use of, or tamper with or alter any of the
software and/or data files contained in, or accessed through,
the Service. Termination, suspension, or cancellation of this
Agreement or your access rights shall not affect any right
or relief to which DOTSKI may be entitled, at law or in equity.
Upon termination of this Agreement, all rights granted to
you will terminate and revert to DOTSKI and its licensors.
9.
Trademarks.
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DOTSKI and the DOTSKI logo are trademarks
of DOTSKI and all other trademarks, service marks and trade
names used on the Service are the property of their respective
owners, and all of the above trademarks may not be copied,
downloaded or otherwise exploited without the permission of
DOTSKI or the owner of such trademark, servicemark or trade
name.
10.
Minors.
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If you have agreed to allow your minor
child, or a child for whom you are legal guardian (a "Minor"),
to register as a member of the Service, you agree that you
shall be solely responsible for: (a) the online conduct of
such Minor; (b) monitoring such Minor's access to and use
of the Service; and (c) the consequences of any use of the
Service by such Minor.
11.
Child Online Protection Act Notification.
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Pursuant to 47 U.S.C. Section 230(d)
as amended, DOTSKI hereby notifies you that parental control
protections (such as computer hardware, software, or filtering
services) are commercially available that may assist you in
limiting access to material that is harmful to minors. Information
identifying current providers of such protections is available
at the Electronic Frontier Foundation website, http://www.eff.org/pub/Censorship/Ratings_filters_labeling/.
12.
Infringement Policy.
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DOTSKI, pursuant to 17 U.S.C. Section
512 as amended by Title II of the Digital Millennium Copyright
Act (the "Act"), reserves the right, but not the
obligation, to terminate your license to use the Service if
it determines in its sole and absolute discretion that you
are involved in infringing activity, including alleged acts
of first-time or repeat infringement, regardless of whether
the material or activity is ultimately determined to be infringing.
DOTSKI accommodates and do not interfere with standard technical
measures used by copyright owners to protect their materials.
In addition, any written notice regarding any defamatory or
infringing activity, whether of a copyright, patent, trademark
or other proprietary right, should be sent to our designated
agent, listed above, and must include the following information:
A. A physical or electronic signature of a person authorized
to act on behalf of (1) the owner of an exclusive right that
is allegedly infringed or (2) the person defamed.
B. 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. Similarly for other types
of infringing materials, a list of such materials.
C. Identification of the material that is claimed to be infringing,
to be the subject of infringing activity, or that is claimed
to be defamatory and that is to be removed or access to which
is to be disabled, and information reasonably sufficient to
permit us to locate the material.
D. Information reasonably sufficient to permit us to contact
you, such as your address, telephone number, and/or electronic
mail address.
E. A statement that you have a good faith belief that use
of the material in the manner complained of is not authorized
by the copyright or other proprietary right owner, its agent,
or the law.
F. A statement that the information in the notification is
accurate, and under penalty of perjury, that you are authorized
to act on behalf of the owner of an exclusive right that is
allegedly infringed or on behalf of the person defamed.
13.
Modification.
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DOTSKI reserves the right to amend this
Agreement, and to modify, add or discontinue any aspect, content,
or feature of the Service. Such amendments, modifications,
additions or deletions shall become effective upon notice
thereof, which may be provided to you by posting on the Service,
via e-mail or any other reasonable means. Continued use of
the Service by you shall be deemed to indicate your acceptance
of any such amendments, modifications, additions or deletions.
14.
Export Control Information.
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Unless otherwise specified, the materials
on this Service are presented solely to provide information
regarding and to promote DOTSKI's Services and other products
available in the United States, its territories, possessions
and protectorates. This Service is controlled and operated
by DOTSKI from its offices within the state of Texas, United
States of America. DOTSKI makes no representation that materials
on this Service are appropriate or available for use outside
the United States. Those who choose to access this Service
from outside the United States do so on their own initiative
and are responsible for compliance with local laws, if and
to the extent that local laws are applicable. Software from
this Service is further subject to United States export controls.
No software from this Service may be downloaded or otherwise
exported or re-exported (A) into (or to a national or resident
of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other
country to which the U.S. has embargoed goods, or (B) to anyone
on the US Treasury Department list of Specially Designated
Nationals or the US Commerce Department's Table of Deny Orders.
By using the Service, you represent and warrant that you are
not located in, under the control of, or a national or resident
of any such country or on any such list.
15.
Miscellaneous.
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This agreement shall be governed by
and construed in accordance with the laws of the State of
Texas without giving effect to any principles of conflicts
of law. You may not assign any of your rights, obligations
or privileges hereunder without the prior written consent
of DOTSKI. Any dispute arising from the terms of this agreement
or a breach of this agreement will be governed the laws of
Texas. By using the Service, you agree to the personal jurisdiction
by the state and federal courts sitting in the State of Texas.
This agreement constitutes the entire agreement between the
parties with respect to the subject matter contained herein
and supersedes all previous and contemporaneous agreements,
proposals and communications, written or oral, between DOTSKI
representatives and you. Any assignment other than as provided
for in this Section shall be null and void, ab initio. If
any provision of this agreement shall be unlawful, void, or
for any reason unenforceable, then that provision shall be
deemed severable from this agreement and shall not affect
the validity and enforceability of any remaining provisions.
This Agreement and any posted operating rules constitute the
entire agreement of the parties with respect to the subject
matter hereof, and supersede all prior or contemporaneous
communications and proposals, whether oral or written, between
the parties with respect to such subject matter. No waiver
by either party of any breach or default hereunder shall be
deemed a waiver of any subsequent breach or default. The titles
and subtitles used in this Agreement are used for convenience
only and are not to be considered in construing or interpreting
this Agreement.
16.
Privacy Policy Statement.
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This
is the web site of DOTSKI.com.
We can be reached via e-mail at webmaster@dotski.com
- For
each visitor to our Web page, our Web server automatically
recognizes only the consumer's domain name, but not the
e-mail address (where possible).
- We
collect only the domain name, but not the e-mail address
of visitors to our Web page, the e-mail addresses of those
who communicate with us via e-mail, user-specific information
on what pages consumers access or visit, information volunteered
by the consumer, such as survey information and/or site
registrations.
- The
information we collect is used for internal review and is
then discarded, used to improve the content of our Web page,
not shared with other organizations for commercial purposes.
- With
respect to cookies: We do not set any cookies.
- From
time to time, we make the e-mail addresses of those who
access our site available to other reputable organizations
whose products or services we think you might find interesting.
If you do not want us to share your e-mail address with
other companies or organizations, please let us know by
sending us e-mail at the above address.
- From
time to time, we make our customer e-mail list available
to other reputable organizations whose products or services
we think you might find interesting. If you do not want
us to share your e-mail address with other companies or
organizations, please let us know by sending us e-mail at
the above address.
- If
you supply us with your postal address on-line you will
only receive the information for which you provided us your
address.
- With
respect to Ad Servers: To try and bring you offers that
are of interest to you, we have relationships with other
companies that we allow to place ads on our Web pages. As
a result of your visit to our site, ad server companies
may collect information such as your domain type, your IP
address and clickstream information. For further information,
consult the privacy policies of:
excite.com
smartage.com
dialpad.com
Copyright
© 2000, 2001, 2002 DOTSKI and its content providers. All rights
reserved.
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