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Netscape ("Netscape", "we", or "us") offers
you a wide variety of online products and services, including general
and personalized content, communication tools and forums, and online
and downloadable applications (the "Service") on the following terms.
By using the Service in any way you are agreeing to comply with
these terms, which we may update without notice and encourage you
to check out here at any time. You must be at least 18 years old
and competent to enter into a contract to use the Service. Unless
we expressly note otherwise, these terms incorporate the Netscape
member Agreement and the Netscape
Privacy Policy and supersede any other terms associated with
the files and applications available on the domain www.netscape.co.uk,
its sub-domains, and any international counterparts and sub-domains,
as well as affiliated domains and sub-domains operated by Netscape.
You are responsible for any content that you post or transmit on
or through the Service. You will not use the Service to distribute,
link to, or solicit content that:
• is unlawful, harmful to minors, threatening, harassing,
abusive, defamatory, vulgar, gratuitously violent, obscene, pornographic,
libelous, invasive of another's privacy, or racially, ethnically
or otherwise offensive;
• includes personally identifiable information about children;
• infringes someone else's intellectual property or other
rights;
• advocates or solicits violence or other criminal conduct;
• violates any law, regulation, or contract;
• promotes participation in multi-level or pyramid marketing
initiatives;
• constitutes a raffle, sweepstakes, lottery, or any other
form of gambling;
• specifically advertises firearms or ammunition, tobacco,
alcohol, pornography, or any other product or service that is illegal
in the United Kingdom or the domicile of either the distributor
or recipient;
• constitutes unsolicited or unauthorized advertising,
junk or bulk e-mail, chain letters, or any other unsolicited commercial
communication, except as Netscape specifically authorizes;
• contains software viruses or any other computer code,
files, or programs that are designed or intended to disrupt, damage,
or limit the functioning of any software, hardware, or telecommunications
equipment.
You will comply with all applicable laws and regulations regarding
online conduct and content. You will not use the Service to collect,
store, or use information about others for the purpose of sending
unsolicited or unauthorized communications. Except as we specifically
authorize (via license or otherwise), you will not reproduce, distribute,
or commercially exploit any part of the Service.
You will provide accurate and current information on all registration
forms on the Service. You will not impersonate any person or entity,
misrepresent your affiliation with a person or entity; or misrepresent
the origin of any content distributed through the Service.
We take your privacy seriously. Please view our comprehensive privacy
policy. When you enter into transactions with or provide information
to other companies providing content to the Service, you will be subject
to their privacy policies.
You are responsible for all activities that occur under any password
or account which we grant to you, and will keep your password(s) confidential.
You will immediately notify us of any unauthorized use of your password
or account or any other breach of security. You will not disrupt the
functioning of the Service, solicit another user's password, or otherwise
act in a way that interferes with other users' use of the Service.
Nor may you post or distribute any computer program that damages,
detrimentally interferes with, surreptitiously intercepts, or expropriates
any system, data, or personal information.
The opinions and views expressed by other users of the Service or
content providers do not necessarily reflect those of Netscape. You
waive any claim resulting from your exposure to material on the Service
that is offensive, indecent, or otherwise objectionable.
We may edit, move, or delete any content on the
Service (including content or communications that you have provided)
for any reason, and may preserve and disclose content or user information
if required to do so by law or in the good faith belief that doing
so is necessary to:
(a) comply with legal process
(b) enforce these terms
(c) respond to claims that any content violates the rights of third
parties
(d) protect the rights, property, or personal safety of Netscape,
its users, or the public, or
(e) administer the Service.
We generally do not pre-screen, monitor, or edit content provided
by third parties. We are not responsible for any failure to remove
or delay in removing harmful, inaccurate, unlawful, or otherwise
objectionable content originating with or otherwise provided by
third parties.
We may set limits regarding the Service, including limits on the
length of storage of email and other user content, the number of
messages going to or from a user account, the size of messages,
and the total amount of storage available to a user. We are not
liable for the deletion or loss of messages, other communications,
or other content maintained or transmitted by the Service.
We may change or terminate the Service or any part of it without
notice or liability. We may terminate or change your password, account,
or use of all or any part of the Service and may remove any content
within the Service without notice and for any reason, including
lack of use or violation of these terms.
If you post content in areas available to the general public, you
are giving us the world-wide, royalty-free, perpetual, irrevocable,
sub-licenseable, and non-exclusive license to use, reproduce, transmit,
modify, adapt, frame, brand, co-brand, and publish such content in
any media now known or later developed, including the right to make
the content available to the general public . If you submit summary
files or other materials to the Service or Netscape, you license us
to display, distribute, frame, and link to that content via MyNetscape
channels or other parts of the Service, and warrant that you have
all rights necessary to authorize the distribution and re-distribution
of that content. You will provide information that we reasonably request
related to any claim that your content infringes the rights of a third
party.
The Service and any software it incorporates or downloads to you ("Software")
contain proprietary and confidential information that is protected
by applicable intellectual property and other laws. Except as expressly
authorized by us or the owner(s) of such proprietary information,
you will not modify, sell, or distribute works based on the Service
or the Software.
Unless you are receiving the software pursuant to another license
from Netscape (such as a "click-wrap" license), in which case the
specific provisions of that license exclusively apply, we grant you
a personal, non-transferable, and non-exclusive license to use the
object code version of the Software on a single computer; provided
that you do not (and do not allow any third party to) copy, modify,
reverse engineer, assign or otherwise transfer any right in the Software;
and you will not modify the Software or access the Service by any
means other than the one we provide.
Except as otherwise specifically noted in a license agreement, we
provide no assistance other than the support information available
on our website.
A number of other companies supply content to the Service and may
make offers available to you. You deal with and enter into transactions
with advertisers on or suppliers of content to the Service at your
own risk. While the Netscape trademark will appear on all pages available
via the Service to let you know that you are still within Netcenter,
we are not a party to any such transactions and are not liable for
any claims or damages that may result from them.
We We or third-party providers of content may provide links to other
World Wide Web sites or resources. We do not control these sites and
resources, do not endorse them, and are not responsible for their
availability, content, or delivery of services.
If you wish to link from your website to the Netscape browser download
site, please visit the Netscape Now Affiliate Program. You are granted
a limited, non-exclusive license to create a hypertext link to other
parts of the Service, provided that the link does not portray the
Service, Netscape, or Netscape's affiliates in a false, misleading,
or defamatory way. We may revoke this license at any time. You will
not frame any aspect of the Service or any Netscape content or trademark.
If you use our Netscape Web Sites service or otherwise post content
via the Service, you will not:
• Develop restricted or password-only
access pages, or hidden pages or images (those not linked to/from
another accessible page);
• Use your storage space for remote loading or as mere
re-direct or mirror site for another home page, whether inside of
or beyond Netscape;
• Offer pirated copyright material or pirated computer
programs or links to such pirated material or programs, information
used to circumvent manufacturer-installed copy-protect devices,
including serial or registration numbers for software programs,
or any type of cracker utilities, including files that are intended
solely for game emulation;
• Display any kind of commercial sponsorship or ad banner
not sponsored by Netscape; and
• Collect personally identifiable information through
a Netscape Web Sites page or other website hosted by Netscape.
Netscape grants you a non-exclusive, nontransferable, non-assignable,
non-sublicensable license to use, reproduce and display the "Add to
My Sidebar" button (the "Button") in exactly the form described in
Netscape's web site, and only in accordance with these Terms of Use.
You will use the Button in accordance with Netscape's then-current
policies, including the trademark and logo usage policies published
in these Terms of Use. Netscape may revoke the license granted herein
at any time. You will stop displaying and using the Button immediately
upon Netscape's request.
Your use of the Button does not give you any rights to the Button
or associated trademarks and all goodwill associated with the Button
and associated trademarks will inure to the benefit of Netscape. You
will not register or use any trademark similar to the Button. You
will not use the Button in a manner that could mislead end users or
reflect adversely on Netscape or its products. Netscape may change
the features of the sidebar panel or any other aspect of its client
software at any time for any reason and without notice to you.
You will indemnify Netscape, and its subsidiaries, affiliates, officers,
agents, and employees against any claim or demand, including reasonable
attorneys' fees, related to content you distribute via the Service
or your use of or conduct on the Service.
WHILE WE USE REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE
INFORMATION ON THE SERVICE, WE MAKE NO REPRESENTATIONS AS TO THE ACCURACY,
QUALITY, TIMELINESS, AVAILABILITY, OR COMPLETENESS OF THE INFORMATION,
SOFTWARE, PRODUCTS, OR OTHER MATERIALS AVAILABLE THROUGH THE SERVICE,
AND YOU SHOULD NOT RELY UPON THEM. WE PROVIDE THE SERVICE ON AN "AS
IS, AS AVAILABLE" BASIS. YOU USE IT AT YOUR OWN RISK, AND NETSCAPE,
ITS EMPLOYEES, DISTRIBUTORS, DIRECTORS, AND AGENTS ARE NOT LIABLE
FOR ANY ERRORS OR OMISSIONS IN ITS CONTENT OR DELIVERY, OR FOR ANY
FORM OF LOSS OR DAMAGE (INCLUDING ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL,
SPECIAL, OR EXEMPLARY DAMAGES, EVEN IF KNOWN TO US) THAT MAY RESULT
FROM ITS USE. TO THE EXTENT PERMITTED BY LAW WE EXPRESSLY DISCLAIM
ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. ANY WARRANTY WHICH IS NOT
SET FORTH IN THIS AGREEMENT WILL BE INVALID. IF ANY OF THE ABOVE PROVISIONS
ARE VOID UNDER THE LAWS OF ENGLAND AND WALES, OUR LIABILITY SHALL
BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Notices to you may be made via email, regular mail, notices posted
on the Service, or changes to this Agreement.
Our trademarks identify our products and services. You may make fair
use of our trademarks in advertising and promotional materials, and
in referring to our products and services (for example, in a magazine
article) without our permission, provided you follow standard trademark
usage practices and provide proper attribution. Other uses require
our written permission. Please make such requests by email to mailto:permissionteam@aol.com.
You may never use our trademarks in the following ways:
• In a non-Netscape product name or
publication title.
• In, as, or as part of your own trademarks.
• To identify products or services that are not Netscape's.
• To cause confusion.
• To suggest inaccurately that we sponsor, endorse, or
are otherwise connected with your activities, products, or services.
• To disparage Netscape.
• In any other manner that Netscape or its users find
offensive.
When you use our trademarks, please include the following attribution:
"Netscape and the Netscape N and Ship's Wheel
logos are registered trademarks of Netscape Communications Corporation
in the U.S. and other countries. [List other Netscape product names
used in your document] are also trademarks of Netscape Communications
Corporation and may be registered outside the U.S."
Except as noted above, you may not use, copy, or redistribute Netscape
or Sun-Netscape Alliance logos without written or electronic permission
from Netscape or the Alliance respectively. If you do not have a pre-existing
agreement with Netscape or the Alliance, you may request permission
for logo use, but such permission is granted only infrequently. Send
your request for permission to use a Netscape logo to permissionteam@aol.com,
with "Netscape Logo Request" in the subject line. Send your request
for permission to use a Sun-Netscape Alliance logo to iplanetbranding@sun.com,
with "Alliance Logo Request" in the subject line. In each case, please
include a description of your company, which logo you want to use,
why and how you want to use it, and a mockup showing the proposed
use.
We own intellectual property rights to the content on the Service
and its design, structure, and compilation (sometimes known as "look
and feel"). It is very easy to copy things in cyberspace, but not
necessarily always acceptable or legal. You must have the legal right
to any content you upload or download using the Service. Unless otherwise
noted, you may view, copy, download, and print Netscape documents
from the Service so long as you use them only for personal, non-commercial
purposes and do not post, distribute, or modify them or remove any
copyright, trademark, or other proprietary notices. For permission
to use third-party materials appearing on the Service, please contact
the copyright owner.
If you believe that your work has been copied and is accessible on
the Service in a way that constitutes copyright infringement, please
click here for instructions on how to contact us.
These Terms of Service, together with Netscape's Privacy Policy and
any applicable Netscape Member Agreement constitutes the entire agreement
between you and Netscape and governs your use of the Service, superseding
any prior agreements. Additional or different terms and conditions
may apply when you use affiliated websites, third-party content, or
third-party software. Interpretations of the Agreement and determinations
that you have breached the Agreement will be made at our reasonable
discretion and based on facts known to us. The laws of England and
Wales govern this Agreement and our relationship. You agree to submit
to the exclusive jurisdiction of the courts of England and Wales for
any claim or dispute with Netscape or any of its subsidiaries, affiliates,
officers, agents, or employees. Our failure to enforce any right under
this Agreement will not waive that right. If any provision of this
Agreement is invalid, the Agreement should be interpreted to effect
the intent of the parties, and the remaining provisions will remain
in effect.
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