Website Terms of Use and Notices

Last Updated: October 2002

AGREEMENT BETWEEN YOU AND Tarrob Web Services (TWS)

The TWS Web Sites and email are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the TWS Web Sites and email constitutes your agreement to all such terms, conditions, and notices. Your use of a particular TWS Web Sites and email included within the TWS Web Sites and email may also be subject to additional terms outlined elsewhere in this agreement

PRIVACY AND PROTECTION OF PERSONAL INFORMATION

MEMBER ACCOUNT, PASSWORD, AND SECURITY

If a particular TWS Web Sites and email, or any product or service offered on any TWS Web Sites and email, requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You then will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify TWS immediately of any unauthorized use of your account or any other breach of security. TWS will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by TWS or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.

MODIFICATION OF THESE TERMS OF USE

TWS reserves the right to change the terms, conditions, and notices under which the TWS Sites/Services are offered, including but not limited to the charges associated with the use of the TWS Sites/Services. You are responsible for regularly reviewing these terms and conditions and additional terms posted on particular websites. Your continued use of the TWS Sites/Services constitutes your agreement to all such terms, conditions, and notices.

PERSONAL AND NON-COMMERCIAL USE LIMITATION

Unless otherwise specified, the TWS Sites/Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the TWS Sites/Services. Without the advance express written permission of TWS, you may not ‘meta-search’ the TWS Sites/Services, send, or cause to be sent, any automated queries of any sort to the TWS Sites/Services, or use the TWS Sites/Services in any commercial manner. “Automated queries” shall include but not be limited to using any software that sends queries to any TWS Sites/Services to determine how a web site “ranks” on any TWS Sites/Services.

LINKS TO THIRD PARTY SITES

The TWS Sites/Services may contain images of and links to third party Web sites ("Linked Sites"). The Linked Sites are not under the control of TWS and TWS is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. TWS is not responsible for webcasting or any other form of transmission received from any Linked Site nor is TWS responsible if the Linked Site is not working appropriately. TWS is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by TWS of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites.

Any dealings with third parties (including advertisers) included within the TWS Sites/Services or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. TWS shall not be responsible or liable for any part of any such dealings or promotions.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the TWS Sites/Services, you will not use the TWS Sites/Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the TWS Sites/Services in any manner that could damage, disable, overburden, or impair any TWS Site/Service(s) (or the network(s) connected to any TWS Site/Service(s)) or interfere with any other party's use and enjoyment of any TWS Site/Service(s). You may not attempt to gain unauthorized access to any TWS Site/Service, other accounts, computer systems or networks connected to any TWS Site/Service, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the TWS Sites/Services.

USE OF SERVICES

The TWS Sites/Services may contain e-mail services, bulletin board services, chat areas, forums, groups, personal web pages, and/or other message or communication facilities designed to enable you to communicate with others (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

• Use the Communication Service in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
• Publish, post, upload, distribute or disseminate any topic, name, material or information that incites discrimination, hate or violence towards one person or a group because of their belonging to a race, a religion or a nation, or that insults the victims of crimes against humanity by contesting the existence of those crimes.
• Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents to do the same.
• Use any material or information, including images or photographs, which is made available through the TWS Sites/Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
• Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
• Use of meta tag searches on the web sites.
• Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
• Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
• Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
• Restrict or inhibit any other user from using and enjoying the Communication Services.
• Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
• Harvest or otherwise collect information about others, including e-mail addresses.
• Violate any applicable laws or regulations.
• Create a false identity for the purpose of misleading others.
• Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of an TWS Site/Service(s) or other user or usage information or any portion thereof.

TWS has no obligation to monitor the Communication Services. However, TWS reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. TWS reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.

TWS reserves the right at all times to disclose any information as TWS deems 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, in TWS's sole discretion.

Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Service. TWS does not control or endorse the content, messages or information found in any Communication Service and, therefore, TWS specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized TWS spokespersons, and their views do not necessarily reflect those of TWS.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination, you are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO TWS OR POSTED AT ANY TWS Web Sites and email

TWS does not claim ownership of the materials you provide to TWS (including feedback and suggestions) or post, upload, input or submit to any TWS Site/Service or its associated services for review by the general public, or by the members of any public or private group, (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting") your Submission you are granting TWS, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses (including, without limitation, all TWS Sites/Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to any supplier of a TWS Site/Service.

No compensation will be paid with respect to the use of your Submission, as provided herein. TWS is under no obligation to post or use any Submission you may provide and TWS may remove any Submission at any time in its sole discretion.

By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms of Use including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

SOFTWARE AND CONTENT AVAILABLE THROUGH THE TWS SITES/SERVICES

All content and software (if any) that is made available to view and/or download in connection with the TWS Sites/Services, excluding content and/or software that may be made available by end-users through a Communication Service, ("Software") is owned by and is the copyrighted work of TWS Corporation and/or its suppliers and is protected by copyright laws and international treaty provisions. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.

For any Software not accompanied by a license agreement, TWS Corporation hereby grants to you, the user, a revocable personal, non-transferable license to use the Software for viewing and otherwise using the particular TWS Site/Service in accordance with these Terms of Use, and for no other purpose provided that you keep intact all copyright and other proprietary notices. Any reproduction or redistribution of the content and/or Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE CONTENT OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the USA. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to USA export restrictions.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE TWS SITES/SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE TWS SITES/SERVICES AND TO THE INFORMATION THEREIN. TWS AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE TWS SITES/SERVICES AT ANY TIME. ADVICE RECEIVED VIA THE TWS SITES/SERVICES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

TWS CORPORATION AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE TWS SITES/SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. TWS AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.

YOU SPECIFICALLY AGREE THAT TWS SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH AN TWS SITE/SERVICE. YOU SPECIFICALLY AGREE THAT TWS IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT TWS IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN AN TWS SITE/SERVICE BY ANY THIRD PARTY.

IN NO EVENT SHALL TWS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL 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 TWS SITES/SERVICES, WITH THE DELAY OR INABILITY TO USE THE TWS SITES/SERVICES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE TWS SITES/SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE TWS SITES/SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF TWS OR ANY OF ITS SUPPLIERS HAS 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 TWS SITES/SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE TWS SITES/SERVICES.

STORAGE SPACE AND OTHER LIMITATIONS

You agree that TWS may establish limits concerning use of any TWS Service offered on an TWS Web Sites and email, including without limitation the maximum number of days that e-mail messages will be retained by any TWS Service, the maximum number of e-mail messages that may be sent from or received by an account on any TWS Service, the maximum size of an e-mail message that may be sent from or received by an account on any TWS Service, the maximum disk space that will be allotted on TWS's servers on your behalf either cumulatively or for any particular service, such as for storing digital photographs, and the maximum number of times and duration you may access any TWS Service in a given period of time.

You agree that TWS has no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by any TWS Service. You acknowledge that the features, parameters (for example, the amount of storage available to users) or existence of any TWS service may change at any time. You acknowledge that TWS reserves the right to sign out, terminate or delete your accounts for any particular Web site or service within TWS that are "inactive" for an extended period of time. "Inactive" means that you have not signed in to a particular service for an extended period of time, as determined by TWS, in its sole discretion. The amount of time that TWS currently considers as an "extended" period of time is determined based on the particular TWS Web Sites and email or TWS Service within TWS to which it pertains, and may be viewed in the FAQ, or other user information relating to the particular service.

TWS MAKES NO WARRANTY THAT ANY TWS SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.

TERMINATION/ACCESS RESTRICTION

TWS reserves the right, in its sole discretion, to terminate your access to any or all TWS Sites/Services and the related services or any portion thereof at any time, without notice. TWS may also terminate or suspend your access to TWS Site/Service(s) for inactivity, as set forth, above, in "Storage Space and Other Limitations." TWS shall have no obligation to maintain any content or to forward any unread or unsent messages to you or any third party.

NO SPAM; DAMAGES

TWS may immediately terminate any account which it determines, in its sole discretion, is transmitting or is otherwise connected with any 'spam' or other unsolicited bulk email. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated then you agree to pay TWS liquidated damages of five dollars (US$5.00) for each piece of 'spam' or unsolicited bulk email transmitted from or otherwise connected with your account. Otherwise you agree to pay TWS's actual damages, to the extent such actual damages can be reasonably calculated. You agree that TWS may charge such damages to your selected Payment Method, as set forth in the TWS Billing section, below.

GENERAL

Claims for enforcement, breach or violation of duties or rights under this agreement shall be adjudicated under the laws of the State of Washington, without reference to conflict of laws principles. All other claims, including without limitation claims under or for violation of state consumer protection laws, unfair competition laws, and in tort, shall be adjudicated under the law of your state of residence. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in King County, Washington, U.S.A. in all disputes arising out of or relating to the use of the TWS Sites/Services. You agree that no joint venture, partnership, employment, or agency relationship exists between you and TWS as a result of this agreement or use of the TWS Sites/Services. You agree to indemnify and hold TWS, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the TWS Sites/Services. TWS reserves the right to disclose any personal information about you or your use of the TWS Sites/Services, including its contents, without your prior permission if TWS has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of TWS or its affiliated companies; (3) enforce the terms or use; or (4) act to protect the interests of its members or others. TWS's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of TWS's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the TWS Sites/Services or information provided to or gathered by TWS with respect to such use. If any part of this agreement is 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. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and TWS with respect to the TWS Sites/Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and TWS with respect to the TWS Sites/Services. 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.