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TERMS OF SERVICE INTRODUCTION Third Voice owns and operates the Third Voice Service ("Service"). The Service is provided to each user ("User") under specific terms and conditions of service called the Third Voice Service Terms and any amendments, operating rules or policies that may be published by Third Voice (TVST). The TVST is the entire agreement between User and Third Voice. The TVST also supersedes all prior agreements between Third Voice and the User regarding the subject matter herein. Please read the entire TVST, before deciding whether to be bound to the TVST. SERVICES Third Voice provides User with a capability to read and/or post notes using our Third Voice Service via the Internet. Third Voice will not charge User for this Service. In consideration for the ability to post notes, User agrees to provide certain current, complete, and accurate information about User as prompted to do so by the Service and agrees to maintain and update this information as required to keep it current, complete, and accurate. Information requested on original sign up shall be referred to as User Information. If any User Information provided by User is inaccurate or incomplete, Third Voice reserves the right to terminate User's membership and rights to use the Service. User grants Third Voice the right to disclose to third parties certain User Information or any other information about User's use of the Service in the aggregate. Such disclosures will exclude User's name, mailing address, email address, and account, unless User expressly directs Third Voice, or any other person User may specifically designate, to disclose such information or unless Third Voice is required to disclose such information by any applicable law or legal process served on Third Voice. In order to use the Service, User must: (1) provide all equipment, including a computer and modem, necessary to establish a connection to the Internet; (2) provide for own access to the Internet and pay any telephone service fees associated with such access. From time to time, Third Voice may change the terms and conditions of the TVST. Upon any change in the terms and conditions of the TVST, Third Voice will generally notify User by posting the changes as a start-up screen prior to the User's subsequent use of the Service. If the User agrees to be bound by the changes, the User must again click the "I Accept" button that will follow the posted changes. If the User does not click the "I Accept" button, the User may terminate his/her use of the Service at that time. User acknowledges and agrees that User's continued use of the Service constitutes an affirmative acknowledgment by User of the TVST and its modifications; and agreement by User to abide and be bound by the TVST and its modifications. Third Voice fully reserves all the right to modify or discontinue the Service with or without notice to User. Third Voice shall not be liable to User or any third party should Third Voice exercise its right to modify or discontinue the Service. User acknowledges and agrees that Third Voice assumes no responsibility for the deletion or failure to store information on the Third Voice notes. Third Voice has not defined a predetermined upper limit on the number of notes a User posts through the Service and on how long such notes will be retained. Notes may be purged periodically at Third Voice's discretion based on volume of activity, disk usage, usability/readability of web page, etc. Third Voice, in its sole discretion, may terminate Service if a User's conduct is found to be inconsistent with the letter or spirit of the TVST. User acknowledges and agrees that content the User views or posts is at the User's own risk. The views expressed by Users' do not necessarily reflect the views of Third Voice. Third Voice does not support or endorse any content or otherwise provided by any of Third Voice's Users. User acknowledges and agrees that the User's membership is personal and voluntary. User may only be an individual, not a corporation or other business entity. User agrees not to resell or make any commercial use of the Service, without the express consent of Third Voice. User is solely responsible for the contents of his or her postings through the Service. User's use of the Service is subject to all applicable local, state, national and international laws and regulations. User agrees to comply with US law regarding the transmission of technical data exported from the United States through the Service; agrees not to use the Service for illegal purposes; agrees not to interfere or disrupt networks connected to the Service; and agrees to comply with all regulations, policies and procedures of networks connected to the Service. User's conduct is subject to Internet regulations, policies and procedures. User agrees not to transmit through the Service any material that is unlawful, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable. User further agrees not to transmit any material thatencourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. Attempts to gain unauthorized access to other computer systems are prohibited. User shall not interfere with another User's use and enjoyment of the Service. Third Voice may, in its sole discretion, immediately terminate User's membership should User's conduct fail to conform with these terms and conditions of the TVST. PARENTS: Some material accessible through the Service may be of a mature nature. There are commercially available products, such as filtering software and similar tools, to assist you in material you may find harmful to minors. Third Voice does not allow Users who are under 13 years of age to use the Service. User represents and warrants that User is not under 13 years of age. PRIVACY POLICY Third Voice's policy is to respect the privacy of its Users. Third Voice generally will not disclose User's personally identifiable information, unless requested to do so by the User or unless required to do so by law or in the good faith belief that such action is necessary to: (1) conform to the edicts of the law or comply with legal process served on Third Voice; (2) protect and defend the rights or property of Third Voice; or (3) act under exigent circumstances to protect the personal safety of its Users or the public. User acknowledges and agrees that certain technical processing of Third Voice notes may be required from time to time. The full text of Third Voice's Privacy Statement can be found in the following page, http://www.thirdvoice.com/about/privacy.htm. INDEMNIFICATION User agrees to indemnify and hold Third Voice, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of User's use of the Service, the violation of this TVST by User, or the infringement by User, or other user of the Service using User's computer, including third parties, of any intellectual property or other right of any person or entity. PROPRIETARY RIGHTS TO CONTENT User acknowledges and agrees that information or content, including but not limited to text, graphics, software, music, sound, photographs, video, or other material contained in either sponsor advertisements, notes, web pages or email-distributed on or through the Service, by Third Voice or Third Voice's Advertisers or other third parties, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may not use any content received through the service for any commercial use, except the express written authorization of the content owner. You agree not to modify, copy, reproduce, republish, upload, post, transmit, sell or distribute content available through the Service, including code and software, in violation of applicable copyright and other intellectual property laws. NOTICE Notices to a User or to Third Voice shall always be in writing and shall be made either via email or conventional mail. In addition, Third Voice may broadcast notices or messages through the Service to inform User of changes to the TVST, the Service, or other matters of importance; and such broadcasts shall constitute notice to User. TERMINATION Third Voice, in its sole discretion, may terminate the Service or the User's membership with or without cause, at any time and effective immediately. Reasons for termination include, without limitation, acessing the Service without authorization, transmitting volume electronic replication or posting of notes, e.g. "spamming", or violating any term of the TVST. The termination by Third Voice may be made by an e-mail message to the User, or any other form Third Voice deems appropriate. Third Voice shall not be liable to User or any third party for termination of Service. Should User object to any terms and conditions of the TVST or any subsequent modifications thereto or become dissatisfied with the Service in any way, User's only recourse is to immediately: (1) discontinue use of the Service; and (2) terminate Service membership. Upon termination of the Service, User's right to use the Service and any software provided by Third Voice immediately ceases. JURISDICTION The agreement shall be interpreted by and governed according to the laws of the state of California, excluding its conflict of law provisions. User and Third Voice agree to submit to the exclusive jurisdiction of the courts of the state of California in the county of Santa Clara. Third Voice's failure to exercise and/or enforce any right or provision of the TVST shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Third Voice in writing. User and Third Voice agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose or such cause of action is permanently barred. DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY USER ACKNOWLEDGES AND AGREES EXPRESSLY THAT USE OF THE SERVICE IS AT USER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WHERE THIRD VOICE 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. THIRD VOICE ALSO MAKES NO WARRANTY THAT THE SERVICE WILL MEET THE USER'S REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THIRD VOICE IS NOT RESPONSIBLE FOR THE CONTENT OF MESSAGES DISTRIBUTED THROUGH MAILING LISTS AND ASSUMES NO RESPONSIBILITY FOR AND MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF INFORMATION DISTRIBUTED ON OR THROUGH THE SERVICE. THIRD VOICE MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM THIRD VOICE OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THIRD VOICE SHALL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING 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 THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF THIRD VOICE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT THIRD VOICE IS NOT RESPONSIBLE FOR THE CONTENT OF MESSAGES DISTRIBUTED ON OR THROUGH THE SERVICE, AND ASSUMES NO RESPONSIBILITY FOR AND MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF INFORMATION DISTRIBUTED THROUGH THIS SERVICE. USER ACKNOWLEDGES AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF 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. USER ACKNOWLEDGES AND AGREES THAT BY COMPLETING THE REGISTRATION PROCESS AND CLICKING THE "I ACCEPT" BUTTON BELOW, THAT USER HAS AGREED TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE TVST.