BusyWWW Terms of Service Welcome to BusyWWW! 1 Your use of BusyWWW products and software (referred to collectively as the "Services" in this document) is subject to the Terms of Service ("Terms") of a legal agreement between you and BusyWWW. 2 The Services are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. 3 You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with BusyWWW, or (b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services. 4 In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to BusyWWW will always be accurate, correct and up to date. 5 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries). 6 You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by BusyWWW, unless you have been specifically allowed to do so in a separate agreement with BusyWWW. You specifically agree not to access (or attempt to access) any of the Services through any automated means. 7 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services). 8 Unless you have been specifically permitted to do so in a separate agreement with BusyWWW, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose. 9 You agree that you are solely responsible for (and that BusyWWW has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which BusyWWW may suffer) of any such breach. 10 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services. 11 Accordingly, you agree that you will be solely responsible to BusyWWW for all activities that occur under your account. 12 If you become aware of any unauthorized use of your password or of your account, you agree to notify BusyWWW immediately. 13 For information about BusyWWW's data protection practices, please read BusyWWW's privacy policy at http://www.BusyWWW.com/eula.txt. This policy explains how BusyWWW treats your personal information, and protects your privacy, when you use the Services. 14 You agree to the use of your data in accordance with BusyWWW's privacy policies. 15 You acknowledge and agree that BusyWWW (or BusyWWW's licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by BusyWWW and that you shall not disclose such information without BusyWWW's prior written consent. 16 Unless you have agreed otherwise in writing with BusyWWW, nothing in the Terms gives you a right to use any of BusyWWW's trade names, trade marks, service marks, logos, domain names, and other distinctive brand features. 17 BusyWWW gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by BusyWWW as part of the Services as provided to you by BusyWWW (referred to as the "Software" below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by BusyWWW, in the manner permitted by the Terms. 18 You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by BusyWWW, in writing. 19 Unless BusyWWW has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software. 20 BusyWWW may at any time, terminate its legal agreement with you if: (A) you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or (B) BusyWWW is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or (C) the partner with whom BusyWWW offered the Services to you has terminated its relationship with BusyWWW or ceased to offer the Services to you; or (D) BusyWWW is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or (E) the provision of the Services to you by BusyWWW is, in BusyWWW's opinion, no longer commercially viable. 21 Nothing in this Section shall affect BusyWWW's rights regarding provision of Services under the Terms. 22 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and BusyWWW have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 20.7 shall continue to apply to such rights, obligations and liabilities indefinitely. 23 NOTHING IN THESE TERMS, INCLUDING SECTIONS 14 AND 15, SHALL EXCLUDE OR LIMIT BUSYWWW'S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. 24 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." 25 IN PARTICULAR, BUSYWWW, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND (D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED. 26 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. 27 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BUSYWWW OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. 28 BUSYWWW FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 29 SUBJECT TO OVERALL PROVISION ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT BUSYWWW, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR: (A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS; (B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF: (I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES; (II) ANY CHANGES WHICH BUSYWWW MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES); (III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES; (III) YOUR FAILURE TO PROVIDE BUSYWWW WITH ACCURATE ACCOUNT INFORMATION; (IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL; 30 THE LIMITATIONS ON BUSYWWW'S LIABILITY TO YOU ABOVE SHALL APPLY WHETHER OR NOT BUSYWWW HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING. 31 Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information. 32 The manner, mode and extent of advertising by BusyWWW on the Services are subject to change without specific notice to you. 33 In consideration for BusyWWW granting you access to and use of the Services, you agree that BusyWWW may place such advertising on the Services. 34 BusyWWW may make changes to the Terms from time to time. When these changes are made, BusyWWW will make a new copy of the Terms available. 35 The Terms constitute the whole legal agreement between you and BusyWWW and govern your use of the Services (but excluding any services which BusyWWW may provide to you under a separate written agreement), and completely replace any prior agreements between you and BusyWWW in relation to the Services. 36 The Terms, and your relationship with BusyWWW under the Terms, shall be governed by the laws of the State of California without regard to its conflict of laws provisions. You and BusyWWW agree to submit to the exclusive jurisdiction of the courts located within the county of Los Angeles, California to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that BusyWWW shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. BusyWWW http://www.busywww.com support@busywww.com