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Subscriber Agreement
The Web site located at http://www.directoryofezines.com
("Site") is provided by DirectoryofEzines.com. Your access to
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As used in this Agreement, "I," "we," "us'" or "our" refers
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1. Access and Passwords
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You agree that all actions taken by you, or any other user
that accesses the Site using your username and password, at or
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even with respect to acts for which the user had no actual
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All fees and charges fall under the refund policy posted on
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You agree that if you obtain a refund for your membership to
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If we make an exception to this policy and allow you to
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All purchases you make based on the information found within
the Directory of Ezines are transactions between you and the
parties involved. Directory of Ezines makes no warranties and
offers no guarantees as to the usability of the information
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DirectoryofEzines.com may change the fees and charges then
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Our Privacy Notice is a part of this Agreement and its terms
are incorporated herein by this reference. Please read it now
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4. User Conduct
The Site may contain bulletin board services, news groups,
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proper and, when applicable, related to the particular
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You are also prohibited from submitting to, posting or
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You may not use a false email or postal address, impersonate
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Any opinions, advice, statements, services, offers, or other
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its affiliates, not any of their officers, directors,
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DirectoryofEzines.com and its designees shall have the right
(but not the obligation) in their sole discretion to refuse or
move any content that is made available via the Communication
Services. Without limiting the foregoing, DirectoryofEzines.com
and its designees shall have the right to remove any content
that violates this Agreement or is otherwise objectionable. You
specifically agree that DirectoryofEzines.com is not
responsible for any content sent using and/or included in the
Site by any third party.
5. Copyright and Restrictions
This Web site contains proprietary material of
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You may not use DirectoryofEzines.com except as expressly
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End users who are duly authorized may Access
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No information is to be downloaded, saved to your hard drive
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The rights granted here are an expansion of the rights
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You acknowledge that the information (and the licensed
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irreparable injury that cannot be adequately compensated for by
means of monetary damages. You agree that any breach of this
provision by you, or any subscriber or end-user, may be
enforced by DirectoryofEzines.com, and/or any of
DirectoryofEzines.com’s suppliers, by means of equitable relief
(including, but not limited to, injunctive relief) in addition
to any other available rights and remedies.
You agree that any supplier of any portion of the licensed
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You may not and may not permit others to: reproduce,
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material retrieved from or contained in or on this Site in any
manner whatsoever that may infringe any copyright or
proprietary interest of DirectoryofEzines.com; distribute the
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reverse-engineer this Site or information contained in or on
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but not limited to, local or wide area networks, timesharing
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Wide Web sites or any other server that is Internet-enabled,
without written authorization by DirectoryofEzines.com.
If you breach any provision of this Agreement,
DirectoryofEzines.com may immediately terminate this Agreement
and all licenses granted hereunder without prior notice and in
addition to any other available rights and remedies
6. Limitations on Use
The following activities are prohibited. You agree not
to:
a. Use Web-accelerated browsers or products (including but
not limited to NetJet, NetSonic, MSIECrawler and Teleport-Pro),
or other applications that are capable of copying large
portions of content from the Site. DirectoryofEzines.com can
detect the use of these systems through live logfile analysis
and will ban any future use by offenders.
b. Use robots and crawlers, or similar technology. We are
able to detect robots violating the guidelines and we will ban
any offenders.
c. Use any device, software or routine or the like to
interfere or attempt to interfere with any Site
functionality;
d. Take any action that imposes an unreasonable or
disproportionately large load on the Site infrastructure;
e. Use any email addresses appearing on the Site for
purposes not relating specifically to the Site;
f. Access the Site by any means other than through the
interface that is provided by DirectoryofEzines.com, or attempt
or access any area of the Site to which your access is not
authorized; or
g. Reverse engineer, reverse assemble or otherwise attempt
to discover any source code relating the Site, except to the
extent that such activity is expressly permitted by applicable
law notwithstanding this limitation.
7. Accuracy and Availability of Information
The Site contains database information and other content
compiled by DirectoryofEzines.com. While we use commercially
reasonable efforts to provide accurate information,
DirectoryofEzines.com gives no warranty as to the accuracy of
the database and other content on the Site.
DirectoryofEzines.com reserves the right to withdraw or delete
information or content from the Site at any time.
8. Links to Third Party Sites
DirectoryofEzines.com does not endorse the content on any
third-party Web site, including Web sites of
DirectoryofEzines.com's affiliates ("Third-Party Sites").
DirectoryofEzines.com is not responsible for the content of
Third-Party Sites that you reach through links on the Site,
sites framed within the Site, or third-party advertisements on
the Site, and we do not make any representations regarding
their content or accuracy. Your use of Third-Party Sites is at
your own risk and subject to the terms and conditions of use
for such sites. Any transaction that you conduct at a
Third-Party site will be between you and the party providing
that Web site. This means that DirectoryofEzines.com is not
your agent and is not a party to any transaction at a
Third-Party Site.
9. Representations and Warranties
You represent and warrant to DirectoryofEzines.com that: (a)
you possess the legal right and ability to enter into this
Agreement; (b) all information submitted by you to the Site is
true and accurate; (c) you will be responsible for all use of
your username and password even if such use was conducted
without your authority or permission; (d) you are at least 18
years old; and (e) you will not use the Site for any purpose
that is unlawful or prohibited by this Agreement.
10. Disclaimer of Warranties
ALL CONTENT, SOFTWARE, AND OTHER SERVICES PROVIDED AT OR
FOUND WITHIN THIS SITE BY DirectoryofEzines.com AND ITS
AFFILIATES ARE PROVIDED "AS IS" AND "WITH ALL FAULTS," WITHOUT
WARRANTIES OF ANY KIND, AND DirectoryofEzines.com AND ITS
AFFILIATES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR
STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NONINFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITING THE
GENERALITY OF THE FOREGOING, DirectoryofEzines.com DOES NOT
MAKE ANY WARRANTIES REGARDING THE FOLLOWING: (a) AVAILABILITY
OF THE SITE AT ANY PARTICULAR TIME; (b) ACCURACY OF THE CONTENT
OR HOW CURRENT ANY CONTENT IS THAT IS FOUND ON THE SITE; (c)
TRANSMISSIONS TO, FROM OR WITHIN THE SITE; (d) FUNCTIONALITY;
(e) LACK OF VIRUSES; (f) COMPLIANCE OF THE SOFTWARE, SERVICES
AND CONTENT PROVIDED UNDER THIS AGREEMENT WITH UNITED STATES,
FEDERAL OR STATE LAWS; OR (g) THAT THE SOFTWARE, CONTENT OR
SERVICES CONTAINED IN THE SITE WILL MEET ANY PARTICULAR
CRITERIA OF PERFORMANCE OR QUALITY.
11. Limitation of Damages
IN NO EVENT WILL DirectoryofEzines.com OR ANY OF ITS
AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT,
INCIDENTAL, OR SPECIAL DAMAGES WHATSOEVER, INCLUDING WITHOUT
LIMITATION DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION,
LOSS OF OR UNAUTHORIZED ACCESS TO INFORMATION, AND THE LIKE,
EVEN IN THE EVENT OF FAULT, TORT, BREACH OF CONTRACT, OR BREACH
OF WARRANTY, AND EVEN IF DirectoryofEzines.com HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
12. Limitation of Liability; Exclusive Remedy
ALSO, IN NO EVENT WILL DirectoryofEzines.com OR ANY OF ITS
AFFILIATES BE LIABLE TO YOU AND/OR ANY AGENCY FOR ANY AMOUNT IN
EXCESS OF THE TOTAL DOLLAR AMOUNT ACTUALLY RECEIVED BY
DirectoryofEzines.com FROM YOU FOR ACCESS TO THE SITE AND ANY
OF THE SERVICES AVAILABLE AT THE SITE DURING THE YEAR PRIOR TO
YOUR CLAIM.
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You agree to indemnify and hold us harmless, and pay our
attorney's fees and costs, if we become liable for or incur any
damages in connection with your breach of this Agreement. You
may not settle any dispute without our prior consent, which may
only be given in a non-electronic writing signed by an
authorized representative of DirectoryofEzines.com.
14. Consent to Electronic Notices and Other
Communications
You agree that all of your transactions relating to the Site
may, at our option, be conducted electronically, including any
that we are otherwise required to provide in "writing". For
example, we may send you notices via postings at the Site or
via email to any email address that you provide to us during
registration as a Site member. If you do not wish to deal with
us electronically, you should not use the Site or enter into
this Agreement. If applicable law now or later requires us to
communicate with you non-electronically, we reserve the right
to charge a fee for doing so. Notice will be deemed given 24
hours after the email is sent, unless (for email) we are
notified that the email address is invalid. Alternatively, we
may give you notice by mail to the address provided during
registration.
15. Print a Copy for Your Records
You agree to print or make an electronic copy of this
Agreement (and any amendment from time to time) and retain it
in your records. You also agree to make a copy of any other
information that we deliver to you in writing.
16. Termination
DirectoryofEzines.com may terminate your subscription and/or
access, or suspend access to all or part of the Site, without
notice, for any conduct that DirectoryofEzines.com, in its sole
discretion, believes is in violation of this Agreement, any
applicable law, or any act which is harmful to the interests of
another user, service provider, or DirectoryofEzines.com.
DirectoryofEzines.com may also elect not to renew your
subscription and access by providing a notice of non-renewal.
Applicable sections of this agreement will survive any
termination or expiration of this Agreement.
17. Assignment
You agree not to assign your rights under this Agreement
without the consent of an authorized representative of
DirectoryofEzines.com in a non-electronic record, and any
assignment without DirectoryofEzines.com's consent will be
voidable at DirectoryofEzines.com's option. This Agreement will
inure to the benefit of and bind the parties' respective
successors and permitted assigns.
18. Applicable Law and Disputes
This Agreement is governed by the laws of the State of
Texas, U.S.A., without regard to principles of conflict of
laws.
To the extent you have in any manner violated or threatened
to violate DirectoryofEzines.com and/or its affiliates'
intellectual property rights, DirectoryofEzines.com and/or its
affiliates may seek injunctive or other appropriate relief in
any state or federal court in the State of Texas, U.S.A., and
you consent to exclusive jurisdiction and venue in such
courts.
Any other disputes will be resolved as follows:
If a dispute arises under this agreement, we agree to first
try to resolve it with the help of a mutually agreed-upon
mediator in the following location: College Station, Texas,
U.S.A.. Any costs and fees other than attorney fees associated
with the mediation will be shared equally by each of us.
If it proves impossible to arrive at a mutually satisfactory
solution through mediation, we agree to submit the dispute to
binding arbitration at the following location: College Station
Texas, under the rules of the American Arbitration Association.
Judgment upon the award rendered by the arbitration may be
entered in any court with jurisdiction to do so.
19. Amendments
DirectoryofEzines.com may change the provisions of this
Agreement. When DirectoryofEzines.com changes the terms of this
Agreement, DirectoryofEzines.com will notify you by email or
online postings on this Site. The changes will also appear in
this document, which you can access any time. You already
agreed to be bound by the changes when you first subscribed to
the site. If you do not agree to be bound by the changes, you
should not use the Site again and you should cancel your
subscription to the Site. Even if you have not clicked on the
"I Agree" button or checked the I agree box when subscribing,
if you use the Site after you have been notified of a change to
this Agreement, you are agreeing now to be bound by that
change.
20. Entire Agreement; Severability; No Waiver
This Agreement (including all documents incorporated by
reference) is the entire agreement between the parties for its
subject matter and supersedes all prior and contemporaneous
communications between the parties. No term of this Agreement
may be waived by DirectoryofEzines.com except in a signed,
non-electronic writing signed by an authorized representative
of DirectoryofEzines.com.
21. General
If any provision of this Agreement is found by a court of
competent jurisdiction to be invalid, the parties agree that
its remaining provisions will remain in full force and effect,
provided that the allocation of risks described herein is given
effect to the fullest extent possible. Our failure to act with
respect to a breach by you or others does not waive our right
to act with respect to subsequent or similar breaches. You
agree that no joint venture, partnership, employment or agency
relationship exists between you and DirectoryofEzines.com or
its affiliates as a result of this Agreement or your use of the
Site.
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