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Keyword.com
Terms of Service Agreement
That's
it!
If you agree to add the mini-banner to your web page, and to the
following Terms of Service, you will go direct to registration.
Once
registered, your Superkeyword will work immediately.
The instructions
to add the mini-banner are easy but you must follow them. You might
want to review them now before continuing. They will also be emailed
to you.
Please
stop here and return home if you cannot add the
keyword.com
mini-banner to your web page.
Please
report any violations of the Terms of Service to keyword.com.
I
Agree
keyword.com
Member Agreement and Terms of Service
By
using Keyword.com SuperKeywords, you agree to the
following Terms of Service.
Please read them carefully.
Summary
A
keyword.com Superkeyword is any keyword (phrase, number or combination)
registered at keyword.com.
You
agree to provide true and correct information in the Keyword.com registration
form and in any communications with keyword.com, and understand that any
failure to provide true and correct information
will result in immediate deactivation.
You
agree not to use the service for illegal purposes or for the
transmission of material that is unlawful, harassing, libelous,
invasive of another's privacy, abusive, threatening, harmful,
vulgar, obscene, tortious or otherwise objectionable, or that
infringes or may infringe upon the intellectual
property or other rights of another.
You
further agree to be bound by the terms of
the Keyword.com SuperKeyword dispute
policy.
You
further agree to display a keyword.com mini-banner
or all-text link
on
the web page on your
web site
associated with the Superkeyword you register (the superkeyword that
when entered at keyword.com sends users to your web page), and further
agree that this mini-banner or all-text link described in this
paragraph shall be set at all times so that when clicked it sends users
to keyword.com.
You
agree that keyword.com and its designees may, in its sole discretion,
terminate your registration
if it believes you have in any way violated the Terms of Service or
have not acted in the best interests of keyword.com.
You grant permission to keyword.com
to communicate with you by phone, postal mail or email from time to time
in regards to your registration and related matters.
You understand that It is your responsibility to update your contact
keyword.com if that information changes. If your registration
indicates that you opt-in to the keyword.com mailing list or newsletter,
keyword.com may email offers and information to you from time to time.
You
agree to use and promote your SuperKeyword thus
generating at least 6 entries of your
SuperKeyword at keyword.com within any 6 month
period and understand that
failure to do so may result in the deactivation of
your SuperKeyword without notice.
I.
ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE
The Keyword.com service (the "Service"),
owned by Keyword.com and operated on
Keyword.com’s behalf, is provided to you ("Member") under
the terms and conditions of this
Keyword.com Terms of Service Agreement and any amendments thereto and
any operating rules or policies (the "KTOSA") that may be
published from time to time by Keyword.com. Note that Keyword.com
includes Keyword.com, and its parents, subsidiaries, affiliates,
officers, and employees and any and all designees. The KTOSA
comprises the entire agreement between Member and Keyword.com and
supersedes any prior agreements pertaining to the subject matter
contained herein. BY COMPLETING THE
REGISTRATION PROCESS AND CLICKING THE
"I ACCEPT" BUTTON, YOU ARE AGREEING TO BE BOUND BY
THE KTOSA.
II.
DESCRIPTION OF SERVICE
Keyword.com is providing Member with a capability
to register a SuperKeyword, which,
when entered at keyword.com via the World Wide Web,
will redirect an internet user to the web page of the Member’s choice.
Keyword.com will not charge Member for this
Service, except for Enhancements Member may elect to obtain (though
keyword.com may in the future charge a fee for use
of the Service). Member is urged to promote the SuperKeyword
in any and all media. SuperKeywords
are made available on a first-come, first-served basis,
based on the moment of submission via Keyword.com’s on-line
registration form. Each SuperKeyword at keyword.com is
unique, therefore, the SuperKeyword of Member’s choice may
not be available at the time of registration.
It is solely the responsibility of the Member to
accurately register the desired SuperKeyword and the correct URL
associated with it in a timely manner in order to obtain registration
for the SuperKeyword. Member and users must: (1) provide all equipment,
including a computer and modem, necessary to establish a connection to
the World Wide Web; (2) provide for own access to
the World Wide Web and pay any connection service fees associated with such access.
III.
MEMBER'S REGISTRATION OBLIGATIONS
In consideration of use of the Service, Member
agrees to: (a) provide true, accurate, current and complete information
about Member and Member’s associated web page as prompted by the
Registration Form, and (b) to maintain and update this information to
keep it true, accurate, current and complete. This information
about a Member shall be referred to as "Registration Data."
If any information provided by Member is untrue, inaccurate, not current
or incomplete, Keyword.com has the right to terminate Member's account and
refuse any and all current or future use of the Service.
IV.
MEMBERS OBLIGATION TO USE THEIR SUPERKEYWORDS
Keyword.com reserves the right to deactivate any registered SuperKeyword
which is found to be inactive for a period of 6 (six) months or longer.
SuperKeywords found to be inactive, meaning the SuperKeyword is entered
less than six times within any period of 6 (six) month periiod, are subject
to deactivation and, if applicable, will be made available to the general public for
re-registration. Inactive SuperKeywords may be deactivated with or
without prior notice to Member. It is the responsibility of the Member
to keep its SuperKeywords active by actively using them and promoting
them.
V.
USE OF REGISTRATION DATA
Member agrees Keyword.com or its designee may disclose Registration Data
to third parties about Member and information about Member's use of the
Service provided that such disclosures do not include Member's name,
mailing address, email address, telephone or facsimile number, or
account number, except as authorized by Member or Member's
representative or as required by law or legal process.
VI.
MODIFICATIONS TO TERMS OF SERVICE
Keyword.com may change the KTOSA from time to time. Member will be
notified of any such changes by e-mail. Member will prompt by
e-mail to go to a modified KTOSA and click an "I Accept"
button. Upon clicking the “I Accept” button, Member agrees to be
bound by the modifications to the KTOSA. If Member does not click
the "I Accept" button, Member's SuperKeyword will be
deactivated and made available for re-registration to the general public
on a first-come, first served basis. Member's
continued use of the Service constitutes an affirmative: (1)
acknowledgment by Member of the KTOSA
and its modifications; and (2) agreement by Member to abide and be bound
by the KTOSA and its modifications.
VII.
MODIFICATIONS TO SERVICE
Keyword.com reserves the right to modify or discontinue, temporarily or
permanently, the Service with or without notice to Member. Member
agrees that Keyword.com shall not be liable to Member or any third party
for any modification or discontinuance of the Service.
VIII.
MEMBER CONDUCT
Member agrees to abide by all applicable local, state, national, and
international laws and regulations in User's use of the Service, and
agrees not to interfere with the use and enjoyment of the Service by
other Users. User agrees to be solely responsible for the contents of
User's transmissions through the Service. Member
acknowledges and agrees that Keyword.com does not endorse the content of
any Member web sites or pages and is not responsible or liable for any
unlawful, harassing, libelous, privacy invading, abusive, threatening,
harmful, vulgar, obscene, or otherwise objectionable content, or content
that infringes or may infringe the intellectual property or other rights
of another. Member agrees (a)
not to use the Service for illegal purposes; (b) not to interfere with
or disrupt the Service or servers or networks connected to the Service;
(c) to comply with all requirements, procedures, policies and
regulations of networks connected to the Service; and (d) to comply with
all applicable laws regarding the transmission of technical data
exported from the United States.
Member agrees not to transmit through the Service
any unlawful, harassing, libelous, privacy invading, abusive,
threatening, harmful, vulgar, obscene or otherwise objectionable
material of any kind. Member agrees not to transmit any material
that violates the rights of another, including but not limited to the
intellectual property rights of another. Member agrees not to
transmit any material that violates any applicable local, state,
national, or international law or regulation. Member agrees not to
attempt to gain unauthorized access to other computer systems or
networks connected to the Service.
IX.
INDEMNITY
Member agrees to indemnify and hold Keyword.com, and its parents,
subsidiaries, affiliates, officers, and employees, completely and
entirely harmless from any
claim or demand, including reasonable attorneys' fees, made by any third
party due to or arising out of Member's or User’s use of the Service,
Member's or User’s connection to the Service, Member’s violation of
the KTOSA, or Member's violation of any rights of another.
X.
NO RESALE OF SERVICE
Member agrees not to resell the Service or use of or access to the
Service.
XI.
TERMINATION
Member agrees that Keyword.com may terminate Member's SuperKeyword
registration, account or use of the Service if Keyword.com believes (a)
that Member has violated or acted inconsistently with the letter or
spirit of the KTOSA, or (b) that Member has violated the rights of
Keyword.com or other Members or parties. Member further agrees that
Keyword.com may terminate Member's SuperKeyword registration, account or
use of the Service if Member fails to use the Service at least one time
during a reasonable period of time as determined by Keyword.com from
time to time which period shall not be less
than three months. Member
acknowledges and agrees that any termination of service under this
Agreement or under any provision of this Agreement may be effected
without prior notice, and acknowledges and agrees that Keyword.com may
immediately deactivate SuperKeywords registered to Member and bar any
further access by Member or Users to such SuperKeywords or the Service.
XII.
DEALINGS WITH ADVERTISERS
Member's correspondence with or
participation in promotions of advertisers found on the Service,
including payment and delivery of related goods or services, and any
other terms, conditions, warranties or representations associated with
such dealings, are solely between Member and such advertiser. Member
agrees not to hold Keyword.com liable for any loss or damage of any sort
incurred as the result of any such dealings or as the result of the
presence of such advertisers on the Service.
XIII.
LINKS
The Service may provide links to other Web sites or resources. Member
acknowledges and agrees that Keyword.com is not responsible for the
availability of such external sites or resources, and does not endorse
and is not responsible or liable for any content, advertising, products,
or other materials on or available from such sites or resources. Member
agrees that Keyword.com shall not be responsible or liable, directly or
indirectly, for any damage or loss caused or alleged to be caused by or
in connection with use of or reliance on any such content, goods or
services available on such external sites or resources.
XIV.
KEYWORD.COM'S PROPRIETARY RIGHTS
Member acknowledges and agrees that content, including but not limited
to text, software, music, sound, photographs, graphics, video, or other
material contained in sponsor advertisements or information presented to
Member through the Service or advertisers is protected by copyrights,
trademarks, service marks, patents, or other proprietary rights and
laws. Member acknowledges and agrees that Member is permitted to use
this material and information only as expressly authorized by
Keyword.com or advertisers, and may not copy, reproduce, transmit,
distribute, or create derivative works of such content or information
without express authorization.
XV.
DISCLAIMER OF WARRANTIES
MEMBER EXPRESSLY AGREES THAT USE OF THE SERVICE IS
AT MEMBER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS"
AND "AS AVAILABLE" BASIS. KEYWORD.COM
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
KEYWORD.COM MAKES NO WARRANTY THAT THE SERVICE
WILL MEET MEMBER’S OR USER'S REQUIREMENTS, THAT THE SERVICE WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES KEYWORD.COM MAKE
ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE
SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED
THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.
MEMBER UNDERSTANDS AND AGREES THAT ANY MATERIAL
AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OR FROM
THE SERVICE IS DONE AT USER'S OWN DISCRETION AND RISK AND THAT USER WILL
BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER'S COMPUTER SYSTEM OR LOSS
OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
KEYWORD.COM MAKES NO WARRANTY REGARDING ANY GOODS
OR SERVICES PURCHASED OR OBTAINED THROUGH OR FROM THE SERVICE OR ANY
TRANSACTIONS ENTERED INTO THROUGH SERVICE. NO
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY MEMBER FROM
KEYWORD.COM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED HEREIN. SOME JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE
EXCLUSIONS MAY NOT APPLY TO YOU.
XVI.
LIMITATION OF LIABILITY
MEMBER AGREES THAT KEYWORD.COM SHALL NOT BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM
THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT
OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES
PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO
THROUGH OR FROM THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR
ALTERATION OF MEMBER'S REGISTRATION DATA, INCLUDING BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF
KEYWORD.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
MEMBER FURTHER AGREES THAT KEYWORD.COM SHALL NOT
BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR
TERMINATION OF SERVICE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT,
INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH
INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT
OR INTENTIONAL, INADVERTENT OR ADVERTENT. SOME
JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY
APPLY TO YOU.
XVII.
NOTICE
Any notice to Member or to the Service shall be made via either email or
regular mail. The Service may also provide notices of changes to the
KTOSA or other matters by displaying notices to Members generally on the
Service.
XVIII.
GENERAL
The KTOSA and the relationship between Member and Keyword.com shall be
governed by the laws of the State of California without regard to its
conflict of law provisions. Member and Keyword.com agree to submit
to the personal and exclusive jurisdiction of the courts located within
the state of California. The
failure of Keyword.com to exercise or enforce any right or provision of
the KTOSA shall not constitute a waiver of such right or provision.
If any provision of the KTOSA 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 KTOSA remain
in full force and effect. Member
agrees 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 KTOSA must be filed within one (1) year after such claim or cause of
action arose or be forever barred.
The
section titles in the KTOSA are for convenience only and have no
legal or contractual effect.
I
Agree
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