1. ACCEPTANCE OF TERMS

Link Software Corp. (the "Company") provides its service to you, subject to the following Service, which may be updated by us from time to time without notice to you. You should visit this page periodically to review the TOS because they are binding on you. The terms "You" and "User" as used herein refer to all individuals and/or entities accessing this web site for any reason.

2. DESCRIPTION OF SERVICE

The Company currently provides users with access to a rich collection of resources, including, various communications tools, forums, personalized content and branded programming. You also understand and agree that the Service may include advertisements and that these advertisements are necessary for The Company to provide the Service. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new properties, shall be subject to the Service. You understand and agree that the Service is provided "AS-IS" and the Company assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

3. MEMBER ACCOUNT, PASSWORD, AND SECURITY

To open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the Registration Form. You then will choose a password and an account name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account.

You agree to notify the Company immediately of any unauthorized use of your account or any other breach of security.

4. MEMBER PRIVACY

It is a policy to respect the privacy of its members. The Company will not sell or rent your personally identifiable information to anyone without your prior permission unless the Company has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of the Company; (3) enforce the TOS; or (4) act to protect the interests of its members or others. The Company does provide certain user information in aggregate form to third parties, including its advertisers, who work on behalf of the Company to provide a product or service to you.

The Company collects personally identifiable information when you register for an account, when you visit webpages and when you enter promotions or sweepstakes. We ask for your name, email address, birth date, gender, location, zip code, occupation, industry and personal interests when you register with the Company. Once you register and sign in to our services, you are not anonymous to us.

5. EMAIL STORAGE, OUTBOUND MESSAGES AND OTHER LIMITATIONS

You agree that the Company is not responsible or liable for the deletion or failure to store email messages.

6. MEMBER CONDUCT

The Service is provided to individuals only. Any unauthorized commercial use of the Service, or the resale of its services, is expressly prohibited.

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not the Company, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. The Company does not control the Content posted 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 the Company 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, transmitted or otherwise made available via the Service.

You agree to not use the Service to:

1. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
2. harm minors in any way;
3. impersonate any person or entity, including, but not limited to, the Company employee and official, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
4. harvest or otherwise collect information about others, including email addresses, without their consent;
5. transmit any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright or right of publicity;
6. transmit any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs;
7. violate any U.S. law regarding the transmission of technical data or software exported from the United States through the Service;
8. interfere with or disrupt networks connected to the Service or violate the regulations, policies or procedures of such networks;
9. attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means; or
10. interfere with another member's use and enjoyment of the Service or another entity's use and enjoyment of similar services.

7. DISCLAIMER OF WARRANTIES

The Company provides electronic mail service, including information and links to content from third parties. The Company does not control in any respect any information, products or services offered by these third parties. The materials available through this website and any third party are provided "as is" and "as available" and without warranties or conditions of any kind either express or implied. To the fullest extent permitted by applicable law, the Company expressly disclaims all warranties and conditions, express or implied, including, but not limited to, implied warranties and conditions of merchantability, merchantable quality, correspondence to description and fitness for a particular purpose. The Company does not represent or warrant that the Service materials will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available, are free of viruses or other harmful components. The Company does not warrant or represent that the use or the results of the use of the materials available through the Service or from third parties will be correct, accurate, timely, reliable or otherwise.

8. LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, under no circumstances, including, but not limited to, negligence, shall the Company be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or the inability to use the Service, any changes to the Service, unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the Service. You specifically agree the Company is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. If you are dissatisfied with the Service, the materials available on or through the Service, or with any of the Company's terms and conditions, your sole and exclusive remedy is to discontinue using this website.

LIMITATION OR EXCLUSION OF WARRANTIES CONDITIONS, AND/OR LIABILITY FOR SOME TYPES OF DAMAGES MAY NOT BE PERMITTED IN SOME JURISDICTIONS, IN WHICH CASE SOME OR ALL OF SECTIONS 5 AND 6 MAY NOT APPLY TO YOU. IF PERMITTED BY LAW, the Company'S LIABILITY IS LIMITED TO RESUPPLYING THE SERVICE.

9. INDEMNIFICATION

You agree to indemnify and hold the Company, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the Service.

10. TERMINATION

The Company may terminate the Service with or without cause at any time and effective immediately. In addition, the Company, in its sole discretion, may terminate your account for violation of the letter or spirit of the TOS.

If you wish to terminate your account, your only recourse is to discontinue use of the account. In addition, the Company may terminate your account for inactivity, which is defined as failing to log into the Service for an extended period of time, as determined by the Company. Upon termination of the Service, your right to use the Service immediately ceases. The Company shall have no obligation to maintain any content in your account or to forward any unread or unsent messages to you or any third party.

11. CONTENT AND CHATTING RULES

The Company specifically disclaims any responsiblity or legal liability for the content, structure and purpose of Web Chatting. WebChat is an unmanaged discussion protocol, individuals are forwarned that the content, structure and purpose are without specific form or control. These resources are not to be used for illegal activities.

You are entirely liable for all activities conducted on this website. The following rules apply while using the Service:

1. Pornographic and obscene ascii images and language are not permitted in contents, message boards and chat rooms.
   
2. Harassment of another Chatter on this website or via email or use of obscene or abusive language is not permitted.
   
3. Do not disrupt the flow of a discussion by repeatedly posting the same message or ascii image or posting excessively large ascii images or posting lots of text up.  It's called flooding.
   
4. We reserve the right to refuse access to anyone.
   
5. Do not load un-authorized bots into chat rooms.
   

12. PARTICIPATION IN PROMOTIONS OF ADVERTISERS

Any dealings with Advertisers on the Service or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the Advertiser or other third party. The Company shall not be responsible or liable for any part of any such dealings or promotions.

13. PROPRIETARY RIGHTS TO CONTENT

You acknowledge that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or email-distributed, commercially produced information presented to you by the Service, by the Company, or Advertisers or other content providers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may make a copy of this content for your personal, non-commercial use only, provided that you keep all copyright and other proprietary notices intact. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way content available through the Service, including code and software.

14. LAWS

The TOS shall be governed by and constructed in accordance with the laws of the Commonwealth of Pennsylvannia and the United States of America, excluding their conflict of law provisions.
You and the Company agree to submit to the exclusive jurisdiction of the state courts located in the county of Lancaster, Pennsylvannia.  If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS 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 the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in the TOS are for convenience only and have no legal or contractual effect.

© 2000-2006 Link Software Corp. All Rights Reserved.
Maintain by Banh, Inc.
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