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1. VISITOR'S AGREEMENT AND RULES OF CONDUCT FOR the
HostProfessor.com
Web Site
Use and participation in HostProfessor.com is contingent
upon your acceptance of the following terms and rules. By using our
Web site, you accept these terms. In addition, your continued use of
our Web sites after a change has been made to the policies of our
Web site implies your assent to those changes.
Links to Other Sites
HostProfessor.com chooses its links to other Web sites
carefully. However, HostProfessor.com is not responsible for the
content or privacy practices of Web sites operated by third parties
that are linked to or from HostProfessor.com's Web site. These
links are meant for the visitor's convenience only. Links to third
party Web sites do not constitute sponsorship, endorsement, or
approval by HostProfessor.com of any content, policies or practices
of such sites. Once you have left HostProfessor.com's Web site via
such a link, you should check the applicable terms of use and
privacy policy of the third party site. HostProfessor.com's Web
site may also be linked to or from Web sites operated by companies
affiliated with HostProfessor.com. Visitors to those sites should
refer to their separate terms of use, privacy policies and
practices.
2. RULES OF CONDUCT
HostProfessor.com is not responsible for any material posted
on our message boards, reviews system or other forums.
a. You shall not post or transmit through HostProfessor.com's
Web sites any defamatory, threatening, obscene, harmful,
pornographic or other material which would violate or infringe in
any way upon the rights of others, or which would give rise to
criminal or civil liability and/or violate federal or local law or
regulation. HostProfessor.com will fully cooperate with any law
enforcement authorities or court order requesting or directing
HostProfessor.com to disclose the identity of anyone posting any
such emails or materials. Further, you shall not post or transmit
through HostProfessor.com any material which advertises or
otherwise solicits funds or is a solicitation for goods or services.
b. You shall not upload, post, or otherwise make available on
HostProfessor.com Web sites any material protected by copyright,
trademark or other proprietary right without the express permission
of the owner of such copyright, trademark or other proprietary
interest.
c. You shall not upload, post or transmit through
HostProfessor.com's
Web sites any advertisements, chain letters, pyramid schemes, or
spamming of the same message to multiple boards.
d. By posting messages, uploading files, inputting data, or
engaging in any other form of communication through
HostProfessor.com's
Web sites, you hereby waive any and all rights to any stories,
ideas, drawings, opinions, and other creative "materials"
posted to HostProfessor.com's web sites. You authorize
HostProfessor.com
to utilize, royalty-free, in any manner it sees fit and for
eternity, the materials posted on the site, which shall become the
property of HostProfessor.com and shall include the right to
exploit any proprietary rights in such communication, including, but
not limited to, rights under copyright, trademark, service mark, or
patent laws under any relevant jurisdiction. You release
HostProfessor.com
from any and all claims or liability (now known or hereafter
arising) in connection therewith, and you agree to indemnify
HostProfessor.com
in connection therewith pursuant to the terms of Paragraph 3 below.
You agree and acknowledge that your participation in
HostProfessor.com's
Web sites shall not give rise to any confidential, fiduciary,
implied-in-fact, implied-in-law, contractual or other special
relationship between you and HostProfessor.com (other than the
contractual relationship entered into between you and
HostProfessor.com
by virtue of your agreement to the Terms and Conditions of Use).
3. VISITOR'S INDEMNIFICATION / OBLIGATIONS
a. In consideration for your use of and access to
HostProfessor.com
Web site, you agree that in no event will HostProfessor.com, its
affiliated or related entities, its content providers or any other
party involved in creating, producing or delivering this Web site or
any site linked to or from this Web site, be responsible or liable
to you or entity in any manner whatsoever (including, but not
limited to, persons who may use or rely on such data or materials or
to whom such data and materials are furnished) for any loss, damage
(whether actual, consequential or punitive), injury, claim,
liability, or other cause of any kind or character whatsoever based
upon or resulting from any information provided in
HostProfessor.com's
web site, or arising from any decision made or action or non-action
taken by you or any other person in reliance upon the information
provided through HostProfessor.com Web sites, even if you advise
HostProfessor.com of the possibility of any claims or damages.
b. You, as a visitor and/or user of HostProfessor.com's Web
site, agree to defend, indemnify, and hold harmless
HostProfessor.com,
its parents, subsidiaries, and affiliated companies and their
respective directors, officers, employees, and agents from and
against all claims, losses, costs, and expenses (including
attorneys' fees) arising out of your use of the HostProfessor.com
Web site, or arising out of any violation of laws or these Rules of
Conduct committed by you, including, without limitation, any
communication by you which is claimed to be defamatory, obscene or
otherwise unlawful, or which is claimed to violate the copyright,
trademark, proprietary or other rights of third parties, or which
constitutes a submission of materials.
4. TERMINATION
HostProfessor.com shall have the right to immediately terminate
your use of the HostProfessor.com Web site if HostProfessor.com
determines, in its sole discretion, that you have violated the Rules
of Conduct set forth above in Paragraph 2 or otherwise breached this
agreement, or have engaged in conduct which HostProfessor.com
determines, in its sole discretion, to be unacceptable. While
HostProfessor.com recognizes that its message boards and review
system may be regarded as a public forum, it is not applicable under
the First Amendment as a venue of free speech. HostProfessor.com
reserves the right to remove any postings to our message boards at
our sole discretion.
5. DISCLAIMER
HostProfessor.com has made and will continue to make efforts to
include accurate and current information on this Web site. However,
the materials in the HostProfessor.com's Web site are provided
"as is" and to the fullest extent permissible pursuant to
applicable law, HostProfessor.com disclaims all warranties, express
or implied, including, without limitation, implied warranties of
merchantability and fitness for a particular purpose.
HostProfessor.com
does not assume any responsibility or risk for your use of the Web
site. HostProfessor.com does not warrant that the functions
contained in the materials will be uninterrupted or error-free, that
defects will be corrected, or that HostProfessor.com's Web sites or
server that makes such sites available are free of viruses or other
harmful components. HostProfessor.com does not warrant or make any
representations regarding the use or the results of the use of any
of the materials on HostProfessor.com's Web site in terms of their
correctness, accuracy, reliability, completeness, timeliness, or
otherwise. None of the information contained in this Web site shall
be construed as an indication of HostProfessor.com's views,
opinions or recommendation, or endorsement thereof. Except as
specifically stated otherwise, HostProfessor.com does not endorse,
operate, control or assume responsibility for any product, brand,
method, treatment, information or services on the Web site, in any
way.
You assume the sole cost of all necessary servicing, repair, or
correction. Applicable law may not allow the exclusion of implied
warranties, so the above exclusion may not apply to you.
6. MISCELLANEOUS
This agreement constitutes the entire agreement of the parties
with respect to the subject matter hereof and supersedes all prior
or contemporaneous written or oral agreements between the parties
with respect to the subject matter hereof. This agreement shall be
construed in accordance with the laws of the State of Pennsylvania,
and the parties consent to the jurisdiction of the courts in the
Eastern District of Pennsylvania, County of Northampton, without
regard to its conflict of laws.
If any term or provision of this agreement is held to be invalid,
illegal or unenforceable, the remaining portions of this agreement
shall continue to be valid and will be performed, construed, and
enforced to the fullest extent permitted by law, and the invalid,
illegal or unenforceable term or provision will be amended and
limited in accordance with the intent of the parties, as determined
from the face of this agreement, to the extent necessary to permit
the maximum enforceability and/or validation of such term or
provision.
COPYRIGHTS © / TRADEMARKS (TM)
© 2002 HostProfessor.com., All trademarks are owned by
HostProfessor.com or are used under license. All rights reserved.
The images and materials found in the Web site are copyrighted or
otherwise proprietary and may be downloaded and/or reprinted for
personal use only. Permission to reprint or electronically reproduce
any document, stills, audio, video footage or any other materials in
whole or in part for any reason is expressly prohibited, unless
prior written consent is obtained from the respective copyright
holder(s).
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