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Six Apart, Ltd. offers various web-based services that allow users to create and update their own weblogs and web journals, including, but not limited to the TypePad service and other services, including, but not limited to TypeKey, which allow users to post comments upon weblogs, and ProNet, our online network of professional weblog developers and users (in this Terms of Use, we refer to the TypePad, TypeKey, ProNet and other Six Apart services collectively as the "Services"). The Services may be used through a web browser or by the use of downloadable software clients, including without limitation, our Movable Type software (the "Software"). Please read the following Terms of Use (the "TOU") carefully before using this Site, opening a Six Apart membership account (an "Account") or using the Services so that you are aware of your legal rights and obligations with respect to Six Apart Ltd. and its affiliates and subsidiaries (collectively, "we," "us," "our," or "Six Apart"). By using this Site, the Services or the Software, you signify your irrevocable acceptance of this TOU. </p> <p class="plain-text">Please note that your use of certain Services such as TypePad is subject to additional Terms of Service, and you agree to such additional Terms of Service when you use those Services or create an Account for those Services. You can review the most current version of the Terms of Service for TypePad by clicking here at any time.</p> <p class="plain-text">Six Apart reserves the right to update and change the TOU from time to time without notice or acceptance by you. </p> <li>LIMITED LICENSE</li> <p class="plain-text">Six Apart grants you a limited license to access and use the Site subject to the terms and conditions of this TOU. However, this license does not allow you to make any commercial use or any derivative use of this Site (including any of its individual elements or content), except as may otherwise be permitted herein from time to time. </p> <p class="plain-text">You may not use, frame or utilize framing techniques to enclose the Site, or any individual element or materials within the Site, including without limitation, Six Apart's trademarks, logos or other proprietary information (including any Materials (defined below), the content of any text, or the layout and design of any page or form contained on a page) without Six Apart's express written consent. Further, you may not use any circumvention tools, meta tags or any other "hidden text" utilizing a Six Apart name, trademark, URL, or product name without Six Apart's express written consent.</p> <p class="plain-text">When you begin installation of the Software, you will be provided an End User License Agreement. If you accept the End User License Agreement, you will be granted a limited license to install and use the Software subject to its terms and conditions.</p> <li>USE OF MATERIALS</li> <p class="plain-text">All materials transmitted or published by Six Apart on this Site (including, but not limited to the Software, text, images, forms, logos, graphics, images, audio clips, video clips, photographs, illustrations, video and audio clips, etc.) (collectively, the "Materials") are owned or controlled by Six Apart, its subsidiaries or affiliated companies or a third-party provider, and are protected by United States and international copyright laws.</p> <p class="plain-text">Any copying, uploading, reproduction, transmittal or redistribution of the Materials which is not in accordance with this TOU is strictly prohibited. Making modifications to the Materials (unless such modifications are allowed through the Site, the Services or the Software) or creating derivative works based on the Materials is prohibited, as is the unauthorized use of the Materials on any networked computer environment or other website.</p> <li>ADDITIONAL REQUIREMENTS TO USE THIS SITE AND THE SERVICES</li> <p class="plain-text">In order to use the Services, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. You also understand and agree that the Services may include advertisements and that these advertisements are necessary for Six Apart to provide the Services. Unless explicitly stated otherwise, any new features, updates or upgrades that augment or enhance the Software and/or Services, including the release of new Six Apart properties, shall be subject to this TOU and other Terms of Service, as applicable. You agree not to access the Services by any means other than through the interfaces that are provided by Six Apart for use in accessing the Services.</p> <li>ACCOUNTS</li> <ol class="plain-text"> <li>REGISTRATION</li> <p class="plain-text">In order to use portions of this Site, the Software and/or the Services, you must register with Six Apart to open an Account. As part of the registration process, you will select a user name and password for your Account. You promise you will not (a) select or use a user name of another person with the intent to impersonate that person; (b) use a name subject to the rights of any other person without authorization; (c) use a user name that Six Apart, in its sole discretion, deems inappropriate or offensive; or (d) breach any representation, warranty or promise made by you in this TOU regarding your Account. Users under 13 years of age are required to have a parent or guardian review and complete the registration process.</p> <p class="plain-text">You are responsible for maintaining the confidentiality of your user name, password and Account, and are fully responsible for all activities that occur under your password or account You agree to (a) immediately notify Six Apart of any unauthorized use of your password or Account or any other breach of security, and (b) ensure that you exit from your Account at the end of each session. Six Apart cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5. It is your sole responsibility to protect your user name and password and not share your password with any other people. Accordingly, you understand and agree that you shall be liable for any activity performed by any people using the Site, the Software or the Services under your user name and password.</p> <p class="plain-text">In consideration of use of this Site and the Services, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Services's registration form, and (b) maintain and promptly update your Account information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Six Apart has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Six Apart has the right to suspend or terminate your Account and refuse any and all current or future use of this Site, the Software and/or the Services (or any portion thereof). </p> <p class="plain-text">Registering an Account for certain features of the Services may require the submission of a credit card number as well as other information such as your email address or mailing address. </p> <li>TERMINATION</li> <p class="plain-text">You agree Six Apart, in its sole discretion, may terminate your password, and/or Account, and remove and discard any Content within this Site or the Services for any reason, including, without limitation, the lack of use, or if Six Apart believes that you have violated or acted inconsistently with the letter or spirit of this TOU or any additional Terms of Service. Any contracts, verbal or written or assumed, in conjunction with your deleted Content, at Six Apart's discretion, will be terminated as well. Six Apart may also in its sole discretion and at any time, discontinue providing this Site, the Software and/or the Services, or any part thereof, with or without notice. You agree that any termination of your access to this Site, the Software or Service under any provision of this TOU or any additional Terms of Service may be effected without prior notice, and acknowledge and agree that Six Apart may immediately deactivate or delete your Content, as applicable, and all related information and files. Six Apart reserves the right to bar any further access to such files, this Site, the Software or the Services. You agree that Six Apart shall not be liable to you or any third-party for any termination of your access to this Site, the Software or the Services. Paid Accounts that are terminated will not be refunded.</p> </ol> <li>SIX APART PRIVACY POLICY</li> <p class="plain-text">All user information submitted to register an Account and certain other information about you is subject to our Privacy Policy, the terms of which are incorporated into this TOU by reference. </p> <li>CONTENT AND CONDUCT RULES AND OBLIGATIONS</li> <p class="plain-text">You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, goods, products, services or other materials ("Content") are the sole responsibility of the person from which such Content originated. This means that you, and not Six Apart, are entirely responsible for all Content that you upload, post, transmit or otherwise make available via this Site or the Services. Six Apart does not control the Content posted via this Site or the Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. The user posting any Content represents that such user has all rights necessary to post such Content without violation of any intellectual property or other rights or any laws or regulations. </p> <p class="plain-text">You understand that by using this Site or the Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Six Apart 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, transmitted or otherwise made available via this Site or the Services. You acknowledge that Six Apart does not pre-screen Content, but that Six Apart and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via this Site or the Services. Without limiting the foregoing, Six Apart and its designees shall have the right to remove any Content that violates this TOU or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Six Apart or submitted to Six Apart. You acknowledge and agree that Six Apart may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this TOU or any additional Terms of Service; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Six Apart, its users and the public. </p> <p class="plain-text">You understand that the technical processing and transmission of the Software and the Services, and Content you have submitted through the Services, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.</p> <p class="plain-text">Should Content be found or reported to be in violation with, but not limited to, the following terms, it will be in Six Apart's sole discretion as to what action should be taken.</p> <p class="plain-text">You agree that you will not: </p> <p class="plain-text">(a) upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy (up to, but not excluding any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, or racially, ethnically or otherwise objectionable; <br/> (b) harm minors in any way; <br/> (c) impersonate any person or entity, including, but not limited to, a Six Apart official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; <br/> (d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services; <br/> (e) upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); <br/> (f) upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party; <br/> (g) upload, post, or transmit unsolicited commercial email or "spam". This includes unethical marketing, advertising, or any other practice that is in any way connected with "spam", such as (a) sending mass email to recipients who haven't requested email from you or with a fake return address, (b) promoting a site with inappropriate links, titles, descriptions, or (c) promoting your site by posting multiple submissions in public forums that are identical; <br/> (h) upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; <br/> (i) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; <br/> (j) intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;<br/> (k) "stalk" or otherwise harass another; <br/> (l) promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, without limitation, providing instructions on how to assemble bombs, grenades and other weapons or incendiary devices; <br/> (m) offer for sale or sell any item, good or service that (a) violates any applicable federal, state, or local law or regulation, (b) you do not have full power and authority under all relevant laws and regulations to offer and sell, including all necessary licenses and authorizations, or (c) Six Apart determines, in its sole discretion, is inappropriate for sale through the Services provided by Six Apart; <br/> (n) use the Site or the Services as a forwarding service to another website;<br/> (o) Allow usage by others in such a way as to violate these TOU or any additional Terms of Service; <br/> (p) take any steps to interfere with or in any manner compromise any of Six Apart's security measures;<br/> (q) use the Software or this Site for fraudulent purposes;<br/> (r) harvest or collect any information about or regarding other Account holders, including, without limitation, any personal data or information;<br/> (s) sell, lend, lease, trade, rent, barter, sublicense, assign, transfer, or grant rights in any manner to your Account, or password, including, without limitation, on or through the use of any third party web site or service;<br/> (t) copy the Software (other than as provided under United States copyright laws);<br/> (u) remove any proprietary notices from this Site, the Software or any copy thereof;<br/> (v) cause, permit or authorize the modification, creation of derivative works, or translation of this Site or the Software without the express permission of Six Apart;<br/> (w) sell, assign, rent, lease, act as a service bureau, or grant rights in the Software including, without limitation, through sublicense, to any other person or entity;<br/> (x) export or re-export the Software in violation of United States export laws; <br/> (y) attempt to decompile, reverse engineer, disassemble, modify or hack this Site or the Software, or to defeat or overcome any encryption and/or digital rights management technology implemented by Six Apart with respect to this Site, the Software and/or data transmitted, processed or stored by Six Apart, this Site or the Software;<br/> (z) use this Site or the Software for any commercial purpose or for the benefit of any third party or in any manner not permitted by this TOU, or otherwise exceed the scope of the Services that you have signed up for (i.e., by accessing and using the tools that you do not have a right to use).</p> <p class="plain-text">If any user is reported to be in violation with the letter or spirit of this TOU or any Terms of Service, Six Apart retains the right to terminate such account at any time without further warning.</p> <li>ADDITIONAL SOFTWARE</li> <p class="plain-text">With respect to any additional Software that may be made available by Six Apart, including in connection with this Site or the Services, if you elect to download or access such additional Software, you understand that you may have to agree to additional terms and conditions before you use such Software. </p> <li>INTERNATIONAL USE </li> <p class="plain-text">Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. </p> <li>CONTENT SUBMITTED</li> <p class="plain-text">Six Apart does not claim ownership of the Content you upload, place or post through this Site or the Services. By uploading, placing or posting Content through this Site or the Services, you grant Six Apart a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting such Content on Six Apart's Internet properties. This license exists only for as long as you continue to be a Six Apart customer and shall be terminated at the time your Account is terminated. You acknowledge that Six Apart does not pre-screen Content, but that Six Apart and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Services. Without limiting the foregoing, Six Apart and its designees shall have the right to remove any Content that violates this TOU or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. </p> <li>ADVERTISERS. </li> <p class="plain-text">Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through this Site or the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Six Apart shall not be responsible or 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 this Site or the Services. </p> <li>LINKS</li> <p class="plain-text">This Site or the Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Six Apart has no control over such sites and resources, you acknowledge and agree that Six Apart 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. You further acknowledge and agree that Six Apart 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 or through any such site or resource. </p> <li>INDEMNITY</li> <p class="plain-text">You agree to indemnify and hold Six Apart, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any alleged claim or demand, including reasonable attorney fees, made by any third party due to or arising out of your Content, your use of this Site, the Software or the Services, your connection to this Site or the Services, your violation of this TOU or any additional Terms of Service, or your violation of any rights of another, whether you are a registered user or not. The user is solely responsible for his or her actions when using this Site, the Software or the Services, including, but not limited to, costs incurred for Internet access.</p> <li>RESALE OF SERVICES</li> <p class="plain-text">You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services without the express permission by Six Apart. </p> <li>GENERAL PRACTICES REGARDING USE AND STORAGE</li> <p class="plain-text">You acknowledge that Six Apart may establish general practices and limits concerning use of this Site, the Software or Services and may modify such practices and limits from time to time. </p> <li>MODIFICATIONS TO THIS SITE, THE SOFTWARE AND THE SERVICES</li> <p class="plain-text">Six Apart reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, this Site, the Software and/or the Services (or any part thereof) with or without notice at any time. You agree that Six Apart shall not be liable to you or to any third party for any modification, suspension or discontinuance of this Site, the Software and/or the Services. </p> <li>NOTIFICATION OF COPYRIGHT INFRINGEMENT</li> <p class="plain-text">Six Apart may be required to disclose information to individuals asserting rights under the Digital Millennium Copyright Act, and you expressly authorize Six Apart to comply with any and all lawful notices, subpoenas, court orders or warrants without prior notice to you. </p> <p class="plain-text"><strong>Copyright Infringement Notice</strong></p> <p class="plain-text">If you believe that material on any Web site operated by Six Apart violates your copyright, you may send Six Apart a copyright infringement notice. Section 512(c) of the Copyright Act requires that your notice must be in writing and must include substantially all of the following: </p> <ol class="plain-text"> <li>A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.</li> <li>Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. </li> <li>dentification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Six Apart to locate the material. Six Apart requests that complete URLs for each instance of the allegedly infringing material be provided.</li> <li>Information reasonably sufficient to permit Six Apart to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.</li> <li>A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.</li> <li>A statement that the information in the copyright infringement notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.</li> </ol> <p class="plain-text">Please be aware that Section 512(f) of the Copyright Act provides that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.</p> <p class="plain-text">Your written copyright infringement notice must be sent to Six Apart's designated copyright agent via mail, fax or email. Please note that, for security reasons, email attachments may be blocked, so please do not include any attachments if you send your notice via email.</p> <p class="plain-text"><strong>Removing or Disabling Access to Material</strong></p> <p class="plain-text">After receipt of a valid copyright infringement notice meeting the requirements of Section 512(c) of the Copyright Act, Six Apart is required to:</p> <ol class="plain-text"> <li>Expeditiously remove or disable access to the material that is alleged to be infringing.</li> <li>Take reasonable steps to promptly notify the affected account holder that Six Apart has removed or disabled access to the material from his or her account.</li> </ol> <p class="plain-text"><strong>Counter Notification</strong></p> <p class="plain-text">If material from your account has been removed or disabled by Six Apart after it receives a valid copyright infringement notice meeting the requirements of Section 512(c) of the Copyright Act, you may ask that the material be restored by sending Six Apart a counter notification. Section 512(g) of the Copyright Act requires that your counter notification must be in writing and must include substantially all of the following:</p> <ol class="plain-text"> <li>Your physical or electronic signature. </li> <li>Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled. Six Apart requests that complete URLs for each instance of the affected material be provided.</li> <li>A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.</li> <li>Your name, address and telephone number and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which Six Apart may be found, and that you will accept service of process from the person who provided the copyright infringement notification or an agent of such person.</li> </ol> <p class="plain-text">Please be aware that Section 512(f) of the Copyright Act provides that any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.</p> <p class="plain-text">Your written counter notification must be sent to Six Apart's designated copyright agent via mail, fax or email. Please note that, for security reasons, email attachments may be blocked, so please do not include any attachments if you send your counter notification via email.</p> <p class="plain-text"><strong>Restoring Material</strong></p> <p class="plain-text">After receipt of a valid copyright infringement notice meeting the requirements of Section 512(g) of the Copyright Act, Six Apart is required to:</p> <ol class="plain-text"> <li>Promptly provide the person who provided the copyright infringement notice with a copy of the counter notification, and inform that person that Six Apart will replace the removed material or cease disabling access to it in 10 business days.</li> <li>Replace the removed material and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the counter notification, unless Six Apart's designated copyright agent first receives notice from the person who submitted the copyright infringement notice that such person has filed an action seeking a court order to restrain the account holder from engaging in infringing activity relating to the material on Six Apart's system or network.</li> </ol> <p class="plain-text"><strong>Copyright Abuse Policy</strong></p> <p class="plain-text">Six Apart will terminate, in appropriate circumstances, account holders of Six Apart's system or network who are repeat copyright infringers.</p> <p class="plain-text"><strong>Designated Copyright Agent</strong></p> Copyright Agent<br/> Six Apart Ltd.<br/> 548 4th Street<br/> San Francisco, California 94107</p> <p class="plain-text">By telephone: (415) 344-0056</p> <p class="plain-text">By fax: (415) 344-0829</p> <p class="plain-text">Email: <a href="http://web.archive.org/web/20091013061848/mailto:dmca@sixapart.com">dmca@sixapart.com</a></p> <p class="plain-text">The Copyright Agent should only be contacted if you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on or through this Site or the Software. The Copyright Agent will not respond to any other inquiries.</p> <li>SIX APART'S PROPRIETARY RIGHTS</li> <p class="plain-text">You acknowledge and agree that this Site, the Software and the Service may contain proprietary and confidential information that is protected by applicable laws governing intellectual property, proprietary rights and the like. All Six Apart code and specifications, and all other code and specifications for the Software and the operation of the Services, are subject to their express or implied licenses.</p> <p class="plain-text">Submission of Unsolicited Ideas and Information </p> <p class="plain-text">Six Apart does not want to receive confidential or proprietary information from you through this Site or by email. Unless otherwise agreed in writing by an authorized Six Apart representative, any material, information or idea you transmit to Six Apart by any means may be disseminated or used by Six Apart or its affiliates without compensation or liability to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. However, this provision does not apply to Content (as defined herein), or to personal information that is subject to our Privacy Policy.</p> <p class="plain-text">Trademarks </p> <p class="plain-text">A partial list of U.S. trademarks owned by Six Apart follows. Any questions concerning the use of these trademarks or whether a trademark that does not appear on this list is a trademark of Six Apart should be referred to Six Apart Legal at trademarks@sixapart.com. Failure of a mark to appear on this page does not mean that Six Apart does not use the mark nor does it mean that the product is not actively marketed or is not significant within its relevant market. Any trademarks followed by 庐 are registered trademarks of Six Apart in the United States; all others are trademarks or common law marks of Six Apart in the United States.</p> <ul> <li>Six Apart</li> <li>TypePad</li> <li>TypeKey</li> <li>Movable Type</li> <li>ProNet</li> <li>Logos:</li> </ol> <p class="plain-text"><img src="/web/20091013061848im_/http://www.sixapart.com/i/logos/sixapart.jpg" alt="Six Apart"/><img src="/web/20091013061848im_/http://www.sixapart.com/i/logos/movabletype.jpg" alt="Movable Type"/><img src="/web/20091013061848im_/http://www.sixapart.com/i/logos/typekey.jpg" alt="TypeKey"/><img src="/web/20091013061848im_/http://www.sixapart.com/i/logos/typepad.jpg" alt="TypePad"/></p> <li>DISCLAIMER OF WARRANTIES</li> <p class="plain-text">YOU EXPRESSLY UNDERSTAND AND AGREE THAT:</p> <p class="plain-text">(a) YOUR USE OF THIS SITE, THE SOFTWARE AND THE SERVICES IS AT YOUR SOLE RISK. THIS SITE, THE SOFTWARE AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SIX APART 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.<br/> (b) SIX APART IS NOT RESPONSIBLE FOR ANY DAMAGE, LOSS OF DATA, CUSTOMER INFORMATION OR VENDOR DATA, REVENUE, OR OTHER HARM TO BUSINESS ARISING OUT OF DELAYS, MISDELIVERY OR NONDELIVERY OF INFORMATION, RESTRICTION OR LOSS OF ACCESS, BUGS OR OTHER ERRORS, UNAUTHORIZED USE DUE TO YOUR SHARING OF ACCESS TO THIS SITE, THE SOFTWARE OR THE SERVICES, OR OTHER INTERACTION WITH THIS SITE, THE SOFTWARE OR THE SERVICES. YOU ARE RESPONSIBLE FOR MAINTAINING AND BACKING-UP YOUR DATA AND INFORMATION THAT MAY RESIDE ON THIS SITE OR THE SERVICES. SIX APART DOES NOT WARRANT THAT (i) THIS SITE, THE SOFTWARE OR THE SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS, (ii) THIS SITE, THE SOFTWARE OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SITE, THE SOFTWARE OR THE SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THIS SITE, THE SOFTWARE OR THE SERVICES WILL MEET YOUR EXPECTATIONS, (v) THIS SITE, THE SOFTWARE, THE SERVICES AND/OR THE SERVER THAT MAKES SAME AVAILABLE ARE FREE OF VIRUSES, CLOCKS, TIMERS, COUNTERS, WORMS, SOFTWARE LOCKS, DROP DEAD DEVICES, TROJAN-HORSES, ROUTINGS, TRAP DOORS, TIME BOMBS OR ANY OTHER HARMFUL CODES, INSTRUCTIONS, PROGRAMS OR COMPONENTS, AND (vi) ANY ERRORS IN THIS SITE OR THE SOFTWARE WILL BE CORRECTED.<br/> (c) ANY MATERIAL OR CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE, THE SOFTWARE OR THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.<br/> (d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THIS SITE, THE SOFTWARE OR THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TOU OR OTHER TERMS OF SERVICE. </p> <li>LIMITATION OF LIABILITY</li> <p class="plain-text">YOU EXPRESSLY UNDERSTAND AND AGREE THAT SIX APART SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SIX APART HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THIS SITE, THE SOFTWARE OR THE SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THIS SITE, THE SOFTWARE OR THE SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THIS SITE OR THE SERVICES; OR (v) ANY OTHER MATTER RELATING TO THIS SITE, THE SOFTWARE OR THE SERVICES. </p> <p class="plain-text">YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THIS SITE, THE SERVICES OR THE SOFTWARE IS TO TERMINATE YOUR ACCOUNT, DISCONTINUE ANY USE OF THIS SITE AND CEASE USE OF THE SERVICES AND THE SOFTWARE.</p> <li>EXCLUSIONS AND LIMITATIONS</li> <p class="plain-text">SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 19 AND 20 MAY NOT APPLY TO YOU. </p> <li>GENERAL</li> <p class="plain-text">Notices to you may be made via either email or regular mail. This Site or the Services may also provide notices of changes to this TOU, additional Terms of Service or other matters by displaying notices or links to notices to you generally on the Services. This TOU and the relationship between you and Six Apart shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Six Apart agree to submit to the personal and exclusive jurisdiction of the courts located within San Francisco, California. The failure of Six Apart to exercise or enforce any right or provision of this TOU shall not constitute a waiver of such right or provision. This TOU and any additional Terms of Service and End User License Agreements, as applicable, constitutes the entire agreement between you and Six Apart and govern your use of this Site, the Software and the Services, superseding any prior agreements between you and Six Apart (including, but not limited to, any prior versions of this TOU). You also may be subject to additional terms and conditions that may apply when you use affiliate or other Six Apart services, third-party content or third-party software. If any provision of this TOU or any incorporated documents are 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 this TOU 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 this Site, the Software, the Services or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOU are for convenience only and have no legal or contractual effect. </p> <li>VIOLATIONS</li> <p class="plain-text">Please report any violations of the TOU to our <a href="http://web.archive.org/web/20091013061848/http://contact.sixapart.com/">Content Violation Reporting Form</a>. </p> </ol> <h2 class="plain-text">Comment submission</h2> <p class="plain-text">By providing any comment on or through any comment submission page on this site, you expressly acknowledge and agree that any comment, material, information, idea or other content you transmit to Six Apart on or through this comment submission page, or by any other means, may be disseminated, displayed, used, reproduced, modified and otherwise exploited by Six Apart or its affiliates without compensation or liability to you, for any purpose whatsoever, including, but not limited to, designing, developing, manufacturing, marketing, displaying and/or otherwise exploiting any products, or this question/answer forum. <p class="plain-text">Copyright 2003, 2005 Six Apart, Ltd. 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