TERMS OF SERVICE
1. w3exit.com reserves the right to verify through any means
the placement and correctness of the w3exit.com HTML code provided
to you in connection with your participation in the w3exit network,
and you hereby grant w3exit.com the right to access your web site
in connection with this purpose.
2. You acknowledge that w3exit.com is a sponsor supported service
provided to you free-of-charge, and that at any given time the
w3exit.com HTML code incorporated into your web site may display
an advertisement from a sponsor. All w3exit.com HTML code must
be placed on a page in your web site in a position where the majority
of people visiting that page will see and notice the Exit ad displayed
via the HTML code. w3exit.com reserves the right to deactivate
accounts for web sites: (a) that display an inordinate number
of Exits for or links to competing exit exchange services; (b)
that contain little or no original content; or (c) if w3exit.com
HTML code appears on an inordinate number of dynamically-generated
pages.
3. Without limiting the foregoing, in connection with your participation
in the w3exit network you may not:
(a) artificially inflate traffic counts to your web site using
any device, program or other means;
(b) insert more than one w3exit.com HTML code on any single web
page on your web site;
(c) include the w3exit.com HTML code on any pages of your web
site that automatically reload or go to another page without interaction
from the user (e.g., client pull or server push technology);
(d) include the w3exit.com HTML code on any web page that is not
generally accessible to all Internet users (e.g., pop-up windows
and hidden frames); or
(d) place any w3exit.com HTML code on web page that is unrelated
to your web site.
4. You will not earn or be entitled to receive any credits earned
in violation of the foregoing, and if w3exit.com deactivates your
account in response to the foregoing you forfeit to w3exit.com,
and will not receive, any credits credited to your deactivated
account.
5. You acknowledge and agree that your web site information (name,
URL, logo, traffic counts, etc.) may be utilized by w3exit.com
and disclosed to third parties (e.g., lists of the busiest sites,
lists of member sites, etc.). You agree to allow w3exit.com to
use screen shots of any web page that contains w3exit.com HTML
code in w3exit.com promotional materials, and represent and warrant
that you have the authority sufficient to grant the foregoing
rights.
AGREEMENT BETWEEN USER AND w3exit.com
6. The w3exit network is comprised of various web sites and web
pages operated by w3exit.com or its affiliates, these web sites
will be collectively referred to in this agreement as the "w3exit
network."
7. Use of the w3exit network provides a variety of services to
third party web sites participating in the w3exit network (the
"Member Sites"). The Member Sites are not under the
control of w3exit.com and w3exit.com is not responsible for the
actions or the contents of any Member Site, any link contained
in a Member Site, or any changes or updates to such sites. If
you have a question regarding a Member Site, please contact the
owner of such site directly.
8. The w3exit network is offered to you conditioned on your acceptance
without modification of these Terms of Service. Your use of the
w3exit network constitutes your agreement to these Terms of Service.
Your use of a particular w3exit.com web site included within,
or acceptance of a product, service or benefit obtained through,
the w3exit network may also be subject to additional terms specified
in the applicable w3exit.com web site or other accompanying documentation
(as such terms may be modified by w3exit.com from time to time
as described below) (the "Additional Terms").
9. If any of the terms, conditions, and notices contained herein
conflict with the Additional Terms or other terms and guidelines
contained within or applicable any particular w3exit.com web site,
service, product or benefit, then the applicable Additional Terms
shall control. You agree to familiarize yourself with the Terms
of Service, including the Additional Terms, and other terms and
guidelines found throughout the w3exit network and abide by them
if you choose to use the sites, or accept the products, services
or benefits, to which such terms apply.
MODIFICATION OF THESE TERMS OF SERVICE
10. w3exit.com reserves the right to change the Terms Of Service,
and any Additional Terms at anytime, effective upon making the
modified provisions available on the w3exit network. You are responsible
for regularly reviewing these terms and conditions. Continued
use of the w3exit network after any such changes shall constitute
your consent to such changes. w3exit.com does not and will not
assume any obligation to notify you of any changes to the Terms
Of Service, or Additional Terms.
USE LIMITATION
11. The w3exit network is provided to assist you with the operation
of your business. Your right to use the w3exit network is personal
to your company and its employees. Except to the extent necessary
to utilize the services of the w3exit network, you may not make
any commercial use of the w3exit network . You may not modify,
copy, distribute, transmit, display, perform, reproduce, publish,
license, create derivative works from, transfer, or sell any information,
software, products, services or benefits obtained from the w3exit
network.
LINKS TO THIRD PARTY SITES
12. The links in the w3exit network may let you leave the w3exit
network. You acknowledge that the linked sites are not under the
control of w3exit.com and w3exit.com is not responsible for the
contents or operation of any linked site or any link contained
in a linked site, or any changes or any updates to such sites.
w3exit.com is not responsible for webcasting or any other form
of transmission received from any linked site. w3exit.com is providing
these links to you only as a convenience, and the inclusion of
any link does not imply endorsement by any link does not imply
endorsement by w3exit.com of the linked site or any association
with their operators.
NO UNLAWFUL OR PROHIBITED USE
13. As a condition of your use of the w3exit network, you warrant
to w3exit.com that you will not use the w3exit network for any
purpose that is unlawful, or prohibited by these Terms Of Service
or the Additional Terms (as the same may be modified from time
to time). In addition, you may not link to the w3exit network
any site containing an inappropriate, profane, defamatory, infringing,
obscene, indecent or unlawful topic, name, material or information,
or material or information that violates any applicable intellectual
property, proprietary, privacy or publicity rights.
14. The information provided by w3exit.com to you may be proprietary
in nature. You agree not to share any information provided to
you by or on behalf of w3exit.com with any third party. If you
sell or otherwise distribute goods or services that compete with
or may otherwise serve as a substitute for products or services
sold or otherwise distributed by w3exit.com, you may not: (a)use
or acquire, or have any other person use or acquire on your behalf,
the products or services of w3exit.com for which you offer competing
or substitute products or services; and (b)advertise, promote,
market or solicit offers to acquire such competing or substitute
products in connection with your use of any w3exit.com products
or services.
USE OF COMMUNICATION SERVICES
15. The w3exit network may contain bulletin board services, chat
areas, news groups, forums, communities, personal web pages, electronic
mail postings and/or other message or communication facilities
designed to enable you to communicate with the public at large
or with a group (collectively, "Communication Services").
You agree to use the Communication Services only to post, send
and receive messages and material that are proper and related
to the particular Communication Service, and to comply with all
applicable laws and these Terms Of Service. By way of example,
and not as a limitation, you agree that when using a Communication
Service, you will not:
(a) Defame, abuse, harass, stalk, threaten or otherwise violate
the legal rights (such as rights of privacy and publicity) of
others.
(b) Download, publish, post, upload, distribute or disseminate
any inappropriate, profane, defamatory, infringing, obscene, indecent
or unlawful topic, name, material or information.
(c) Upload files that contain software or other material protected
by intellectual property laws, rights of privacy or publicity,
or other proprietary rights, unless you own or control the rights
thereto or have received all necessary consents (e.g., you may
not upload "warez" or pirated software).
(d) Upload files that contain viruses, corrupted files, or any
other similar software or programs that may or are intended to
damage the operation of another's computer (e.g., "cracks"
or other programs written to defeat the security measures of any
computer, system or programs).
(e) Advertise or offer to sell or buy any goods or services,
unless such Communication Service specifically allows such messages.
(f) Conduct or forward illegal contests, pyramid schemes or chain
letters.
(g) Download, publish, post, upload, distribute or disseminate
any file posted by another user of a Communication Service that
you know, or reasonably should know, cannot be legally distributed
in such manner.
(h) Falsify, delete or alter any material, author attributions,
legal or other proper notices or proprietary designations or labels
of the origin or source of material contained in a file that is
uploaded via the Communication Services.
(i) Restrict or inhibit any other user from using and enjoying
its rights in the Communication Services.
(j) Violate any code of conduct or other guidelines that may
be applicable for any particular Communication Service.
(k) Harvest or otherwise collect information about others, including
e-mail addresses, without their express consent.
(l) Exit the Communication Services to any unsolicited communication
sent to any third party, or otherwise use or mention the Communications
Services in connection with any such unsolicited communication.
(m) Violate any applicable laws or regulations.
16. w3exit.com reserves the right, but is not obligated, to review
materials posted to a Communication Service and to remove any
such materials in its sole discretion. w3exit.com reserves the
right to terminate your access to any or all of the Communication
Services at any time without notice for any reason whatsoever.
w3exit.com reserves the right to terminate or change any Communication
Service at anytime.
17. w3exit.com is not obligated to monitor the Communication
Services. However, with respect to the use of the Communication
Service, w3exit.com reserves the right to disclose any information
or materials as necessary to satisfy any applicable law, regulation,
legal process or governmental request, or to edit, refuse to post
or to remove any information or materials, in whole or in part,
from the Communication Service in w3exit.com's sole discretion.
18. You acknowledge that all Communication Services are public
and not private communications, therefore your communications
may be read by others without your knowledge. Always use caution
when giving out any personally identifying information about yourself
or your children in any Communication Service. w3exit.com does
not control or endorse the content, messages or information found
in any Communication Service and, therefore, w3exit.com specifically
disclaims any liability with regard to the Communication Services
and any actions resulting from your participation in any Communication
Service. Forum managers and hosts of the Communication Services
are not authorized w3exit.com agents or spokespersons, are not
able to bind w3exit.com, nor do their views necessarily reflect
those of w3exit.com.
19. Materials uploaded to a Communication Service may be subject
to posted limitations on usage, reproduction and/or dissemination,
and you are responsible for adhering to such limitations if you
download the materials.
LICENSE TO w3exit.com
20. By posting messages, uploading files, inputting data, submitting
any feedback or suggestions, or engaging in any other form of
communication with or through any w3exit.com web site, you warrant
and represent that you own or otherwise control the rights necessary
to do so and to grant w3exit.com the licenses set forth below.
You hereby grant w3exit.com and its affiliated companies permission
to:
(a) Use, modify, copy, distribute, transmit, publicly display,
publicly perform, reproduce, publish, sublicense, create derivative
works from, transfer, or sell any such communication.
(b) Sublicense to third parties the unrestricted right to exercise
any of the foregoing rights granted with respect to the communication.
(c) Publish your name in connection with any such communication.
The foregoing grants shall include the right to exploit any intellectual
property or proprietary rights in such communication, including
but not limited to rights under copyright, trademark, service
mark or patent laws under any relevant jurisdiction. No compensation
will be paid or due you with respect to w3exit.com's or its sublicensee's
use of the materials contained within such communication. w3exit.com
is under no obligation to post or use any materials you may provide,
and may remove such materials at any time in w3exit.com's sole
discretion.
LIABILITY DISCLAIMER
21. The information, software, products, services and other material
included in or available through the w3exit network may not be
complete, and may include inaccuracies or typographical errors,
and may also be modified or deleted from time to time. Advice,
information, products, services or other materials received via
the w3exit network should not be relied upon for personal, medical,
legal, business, financial or other decisions and is not intended
to replace the advice of appropriate and qualified professionals.
You acknowledge that you should consult an appropriate professional
for specific advice tailored to your situation.
22. Your access to and use of the w3exit network, and products
and services of w3exit.com, is at your own risk. w3exit.com, and
its owners, members and sponsors, will not be liable for any damage,
loss or disclosure of information, data, revenue, accounts or
business that occurs in connection with your use of the w3exit
network, or such products or services. w3exit.com makes no guarantees
of any kind regarding the dependability, accuracy, security, timeliness
or availability of the w3exit network, or such products or services.
23. Without limiting the foregoing, w3exit.com AND/OR ITS RESPECTIVE
OWNERS and/or SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES
ABOUT THE CONDITION, SUITABILITY, RELIABILITY, AVAILABILITY, COMPLETENESS,
SECURITY, TIMELINESS, OR ACCURACY OF THE INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND MATERIALS CONTAINED ON THE w3exit network
FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES
AND MATERIALS ARE PROVIDED AS IS; WITHOUT WARRANTY OF ANY KIND.
w3exit.com AND/OR ITS OWNERS and/or RESPECTIVE SUPPLIERS HEREBY
DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS
OR IMPLIED, WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS,
SERVICES OR MATERIALS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT.
24. IN NO EVENT SHALL w3exit.com AND/OR ITS OWNERS and/or SUPPLIERS
BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS,
ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE
OF THE w3exit network OR RELATED SERVICES, WITH THE DELAY OR INABILITY
TO USE THE w3exit network OR RELATED SERVICES, THE PROVISION OF
OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE w3exit
network , OR OTHERWISE ARISING OUT OF THE USE OF THE w3exit network
, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY
OR OTHERWISE, EVEN IF w3exit.com OR ANY OF ITS OWNERS and/or SUPPLIERS
HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME
STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH
ANY PORTION OF THE w3exit network , OR WITH ANY OF THESE TERMS
OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING
THE w3exit network AND ITS RELATED SERVICES.
25. Without limiting the foregoing, w3exit.com and/or its respective
suppliers are not responsible for any of your data residing on
its hardware. You are responsible for backing-up your data and
information that may reside on the w3exit.com hardware, whether
or not such information is produced through the use of the w3exit
network.
26. You agree to defend, indemnify and hold w3exit.com and/or
its owners harmless from and against any and all claims, losses,
liability costs and expenses (including but not limited to attorneys'
fees) arising from your violation of these Terms of Service (including,
without limitation, violation of applicable Additional Terms),
or any third-party's rights, (including, without limitation, infringement
of any copyright, violation of any proprietary right and invasion
of any privacy rights). These obligations will survive any termination
of your relationship with w3exit.com.
ACCESS RESTRICTION
27. w3exit.com reserves the right to deny in its sole discretion
any user access to the w3exit network or any portion thereof without
notice. You are responsible for safeguarding the confidentiality
of your password(s) and user name(s) issued to you by w3exit.com,
and for any use or misuse of your account or the w3exit network
resulting from any third party using a password or user name issued
to you.
TERMINATION
28. w3exit.com may terminate this agreement and your access to
any or all w3exit network and the related services at any time,
with or without cause, effective immediately. Anyone determined
by w3exit.com to have violated these Terms Of Service, or any
Additional Terms may be barred from using the w3exit network ,
or from receiving any products, services or benefits from the
w3exit network. In addition, if you violate any of these Terms
of Service or Additional Terms (as applicable), you will forfeit
all in-kind credits and amounts accruing to you (if any) in connection
with the w3exit network.
GENERAL
29. This agreement is governed by the laws of the Republic of
Singapore. You hereby consent to the jurisdiction of and venue
in courts located in the Republic of Singapore in all disputes
arising out of or relating to the use of the w3exit network. In
addition, you hereby consent to the exclusive jurisdiction of
and venue in such courts for any action commenced by you against
w3exit.com (or its affiliates). Use of the w3exit network is unauthorized
in any jurisdiction that does not give effect to all provisions
of these terms and conditions, including without limitation this
paragraph. You agree that no joint venture, partnership, employment,
or agency relationship exists between you and w3exit.com as a
result of this agreement or use of the w3exit network. w3exit.com's
performance of this agreement is subject to existing laws and
legal process, and nothing contained in this agreement is in derogation
of w3exit.com's right to comply with governmental, court and law
enforcement determined to be invalid or unenforceable pursuant
to applicable law including, but not limited to, the warranty
disclaimers and liability limitations set forth above, then the
invalid or unenforceable provision will be deemed superseded by
a valid, enforceable provision that most closely matches the intent
of the original provision and the remainder of the agreement shall
continue in effect.
30. Unless otherwise specified herein, this agreement constitutes
the entire agreement between the user and w3exit.com with respect
to the w3exit network and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written,
between the user and w3exit.com with respect to the w3exit network.
A printed version of this agreement and of any notice given in
electronic form shall be admissible in judicial or administrative
proceedings based upon or relating to this agreement to the same
extent and subject to the same conditions as other business documents
and records originally generated and maintained in printed form.
You may not rent, lease, license, grant a security interest in,
or otherwise transfer or sublicense your rights in the w3exit
network , service to any third party.