1. Acknowledgement and Acceptance of Terms
2. Participating Merchant Policies
Related services and offerings with links from this web site, including vendor sites, may have their own privacy policies that can be viewed by clicking on the corresponding links within each respective web site. Online merchants and others who participate in Company’s services are encouraged to participate in industry privacy initiatives and to take a responsible attitude towards consumer privacy. Since we do not have direct control over the policies or practices of participating merchants and other third parties, however, we are not responsible for the privacy practices of those persons or their web sites. We recommend and encourage that you always review the privacy policies of merchants and other third parties before you provide any personal information or complete any transaction with such parties.
3. Information We Collect and How We Use It
Company collects certain information from and about its users three ways: directly from our web server logs; information you give to us; and with cookies.
a. Web Server Logs
When you visit our web site, we may track information to administer the site and analyze its usage. Examples of information we may track include:
– Your Internet protocol address.
– The kind of browser or computer you use.
– Number of links you click within the site.
– State or country from which you accessed the site.
– Date and time of your visit.
– Name of your Internet service provider.
– Web page from which you linked to our site.
– Pages you viewed on the site.
One of the primary purposes of cookies is to provide a convenience feature to save you time. For example, if you personalize a web page, or navigate within a site, a cookie helps the site to recall your specific information on subsequent visits. Hence, this simplifies the process of delivering relevant content and eases site navigation by providing and saving your preferences and login information as well as providing personalized functionality.
We use third-party advertising companies to serve ads when you visit our website. These companies may use information (not including your name, address, email address, or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you.
The following third parties are supported:
North America: Ad servers
* DoubleClick DFA (www.doubleclick.com)
* Mediaplex/ValueClick (www.mediaplex.com)
North America: Rich media
* DoubleClick Rich Media (www.doubleclick.com)
* Eyeblaster (www.eyeblaster.com)
* EyeWonder (www.eyewonder.com)
* Interpolls (www.interpolls.com)
* Pointroll (www.pointroll.com)
* Unicast (www.unicast.com)
North America: Research
* Dynamic Logic/Safecount (www.safecount.net)
* Factor TG (www.factortg.com)
* IAG (www.iagr.org)
* InsightExpress (www.insightexpress.com)
If you do not wish to receive these third-party ads, you may opt out of cookies (if the vendor above offers this capability).
Company reserves the right to share aggregated site statistics with partner companies, but does not allow other companies to place cookies on our web site unless there is a temporary, overriding customer value (such as merging information or advertisements into Company’s site that relies on third-party cookies).
You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies. If you reject cookies by changing your browser settings then be aware that this may disable some of the functionality on our web site.
There are some things you should know regarding Google Ads placed on our website:
– Google’s use of the DART cookie enables it to serve ads to our users based on their visit to our sites and other sites on the Internet.
c. Personal User Information
Visitors to our web site may be able to register to purchase services either through our service or a third party service. When you register, some personal information, such as name, address, email, telephone number or facsimile number, account number and other relevant information may be requested. If you are purchasing a service, financial information may be requested. Any financial information collected is used only to bill you for the services you purchased. If you purchase by credit card, this information may be forwarded to your credit card provider. For other types of registrations, relevant information may be requested. You may also be asked to disclose personal information to us so that we can provide assistance and information to you. For example, such data may be warranted in order to provide online technical support and troubleshooting.
By registering for the Service, you agree to receive periodic emails that will be sent to the email address you registered with, such as, but not limited to, registration confirmation, ad placement confirmation, contact email, ad placement confirmation, reminders and website newsletters.
We will not disclose personally identifiable information we collect from you to third parties without your permission, except to the extent necessary, including:
– To fulfill your requests for services;
– To protect ourselves from liability;
– To respond to legal process or an investigation carried out by any law enforcement agency, or to otherwise comply with law; or
– In connection with a merger, acquisition or liquidation of the company.
4. Use of Web Beacons or GIF files
Company web pages may contain electronic images known as web beacons – sometimes also called single-pixel gifs – that allow Company to count users who have visited those pages and to deliver co-branded services. Company may include web beacons in promotional e-mail messages or newsletters in order to determine whether messages have been opened and acted upon.
Some of these web beacons may be placed by third party service providers to help determine the effectiveness of our advertising campaigns or email communications. These web beacons may be used by these service providers to place a persistent cookie on your computer. This allows the service provider to recognize your computer each time you visit certain pages or emails and compile anonymous information in relation to those page views, which, in turn enables us and our service providers to learn which advertisements and emails bring you to our web site and how you use the site. Company prohibits web beacons from being used to collect or access your personal information.
5. Accessing Web Account Information
We will provide you with the means to ensure that personally identifiable information in your web account file is correct and current. You may contact us to review this information by sending an email to our support attendant at [email protected]
6. Changes to this Statement
7. Contacting Us
8. If you would like more information regarding online privacy, please visit the NAI at http://www.networkadvertising.org.
Notice and Procedure for Making Claims of Copyright Infringement
The Company’s Designated Agent for notice of claims of copyright infringement on or relating to this Site can be reached by sending an:
– Email to [email protected]
Notification: To be effective, the Notification must include the following:
1. A physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. 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;
3. Identification 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 the Company to locate the material;
4. Information reasonably sufficient to permit the Company to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
5. The following statement: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”; and
6. The following statement: “I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
Please note that under the Digital Millennium Copyright Act, if you knowingly materially misrepresent that material or an activity is infringing, you may be liable for damages (including costs and attorney fees).
Upon receipt of the written Notification containing the information as outlined in 1 through 6 above:
1. The Company will remove or disable access to the material that is alleged to be infringing;
2. The Company will forward the written notification to such alleged infringer (the “Alleged Infringer”);
3. The Company will take reasonable steps to promptly notify the Alleged Infringer that it has removed or disabled access to the material.
Counter Notification: If you receive a notice from us that you are alleged to have infringed the copyright of someone else, you may send us a Counter Notification. To be effective, a Counter Notification must be a written communication provided to the Company’s Designated Agent that includes substantially the following:
1. A physical signature of the Alleged Infringer;
2. 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;
3. A statement under penalty of perjury that the Alleged Infringer has 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;
4. The Alleged Infringer’s name, address, and telephone number, and a statement that the Alleged Infringer consents to the jurisdiction of Federal District Court for the judicial district in which the Alleged Infringer’s address is located, or if the Alleged Infringer’s address is outside of the United States, for any judicial district in which Company may be found, and that the Alleged Infringer will accept service of process from the person who provided notification or an agent of such person.
Upon receipt of a Counter Notification containing the information as outlined in 1 through 4 above:
1. Company will promptly provide the complaining party with a copy of the Counter Notification;
2. Company will inform the complaining party that it will replace the removed material or cease disabling access to it within ten (10) business days;
3. The Company will replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the Counter Notification, unless Company’s Designated Agent first receives notice from the complaining party that it has filed an action seeking a court order to restrain Alleged Infringer from engaging in infringing activity relating to the material on the Company’s system or network.
1. Description of Service
Through the Service, we are providing you with blog postings. You must (1) provide all equipment necessary for your own Internet connection, including computer and modem, (2) provide for your access to the Internet, and (3) pay any fees to others required for such connection.
2. Disclaimer of Warranties
We provide the site on an “as is” and “as available” basis. To the fullest extent permitted by applicable law, we make no representations or warranties of any kind, express or implied, regarding the use or the results of the Site in terms of its correctness, accuracy, reliability, or otherwise. Company shall have no liability for any interruptions in the use of the Site or the Service. COMPANY DISCLAIMS ALL WARRANTIES WITH REGARD TO THE INFORMATION PROVIDED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Some jurisdictions do not allow the exclusion of implied warranties. Therefore, the above exclusion may be inapplicable to you.
3. Limitation of Liability
COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER. IN PARTICULAR COMPANY SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THE “SERVICE,” THE “SITE” OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW OR OTHERWISE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS MAY BE INAPPLICABLE TO YOU.
You agree to indemnify and hold Company, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, damage, liability, cost or expense, including reasonable attorney fees and costs, that we are required to pay any third party due to, or arising out of, your use of the Site or Service, your breach of this Agreement, including, without limitation, your infringement of the trademark, copyright, trade secret, patent rights or rights of publicity or privacy of any other person or entity, or any such action by another user of the Service using your computer.
5. Registered Member’s Account
Does not apply.
6. Modifications and Interruption to Service
Company reserves the right to modify or discontinue the Service without notice to you. Company shall not be liable to you or any third party should Company exercise its right to modify or discontinue the Service. You acknowledge and accept that Company does not guarantee continuous, uninterrupted or secure access to the Site and operation of the Site may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
7. Third-Party Sites
8. Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information you may view or access through the Service have either been provided by third party vendors or collected from publicly available sources. As a consequence, we make no representations or warranties as to the accuracy or reliability of any information provided on the Site.
Company makes no warranties or representations whatsoever with regard to any product provided or offered by any vendor, and you acknowledge that any reliance on representations and warranties provided by any vendor shall be at your own risk.
9. Governing Law; Jurisdiction of the Courts; Attorney Fees
The Site and the Service are operated and provided in the State of Maine in the United States of America. As such, this Agreement shall be governed by, construed and enforced in accordance with, the laws of the State of Maine without reference to any conflict or choice of law rules that would defeat the application of Maine law. We make no representation that the Site or the Service is appropriate, legal or available for use in other locations. Accordingly, if you choose to access the Site, you agree to do so subject to the internal laws of the State of Maine. Any cause of action you may have with respect to your use of the Site or the Service must be commenced within one (1) year after the claim or cause of action arises. All actions or suits concerning any dispute arising under this Agreement shall be determined in the first instance by the courts of the State of Maine. You irrevocably submit to the jurisdiction of such courts. The party against whom the court rules in any such litigation shall pay all reasonable attorney fees, disbursements and court costs of the other party as may be fixed by the judge.
10. Compliance with Laws
In your use of the Site and the Service, you are responsible for compliance with all laws applicable thereto. You may not use the Service in any way that violates applicable local, state, Federal, national or international laws, regulations or other government requirements. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, Federal, national or international law or regulation.
11. Copyright and Trademark Information
The copyright in certain content included or available on the Site, including, without limitation, Site design, text, graphics, interfaces, and the selection and arrangement thereof is owned by the Company or its licensors, vendors or advertisers, with all rights reserved therein. Any use of materials taken from the Site, including, without limitation, reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without the prior written permission of an authorized officer of Company is strictly prohibited. You agree that you will not use any robot, spider, or other automatic device or method, or manual process to monitor or copy the Site’s web pages or the content contained therein without the prior written permission of an authorized officer of Company.
Trademarks displayed by vendors on the Site are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation by Company of those owners, any products or services they advertise or sell, or any other materials contained on their web sites. In addition, the use of trademarks or links to the web sites of our vendors is not intended to imply, directly or indirectly, that those vendors endorse or have any affiliation with Company or that the Company endorses or vouches for such vendor or any product or service advertised or offered thereby.
By using the Site, you agree not to improperly use another party’s intellectual property. If anything you post on the Site is alleged to be an infringement of another party’s intellectual property rights, your advertisement will be removed from the Site and you will be directed to settle the difference with the intellectual property owner. You will not be refunded any fees should it become necessary to remove your advertisement. You further agree to indemnify and hold the Company harmless for any possible liability that may arise from your improper or infringing use of another party’s intellectual property. The indemnification shall extend to, and not be limited to, the cost of any and all legal fees incurred by the Company to defend against or respond to any allegation of improper or infringing use of the intellectual property rights of another.
12. Copyright Infringement
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the Company’s Designated Agent. Please review the Notice and Procedure for Making Claims of Copyright Infringement. It is the policy of this Company to respond to clear notices of copyright infringement that comply with the procedure for notices set forth in such statement. All such notices must be in writing and signed by you, and given to us by email, regular postal mail or fax.
You may not post infringing content on the Site. If you do, we may remove or disable access to the infringing content. It is Company policy, in appropriate cases, to cancel the registration of repeat infringers and terminate their access to the Service.
13. Objectionable Materials
Company does not and cannot review all content available through the Service or materials posted to the Site by third persons, including Registered Members. Company is not responsible for any such advertisements or materials. Company reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in Company’s sole discretion are objectionable or in violation of this Agreement. While Company will endeavor to enforce the terms of this Agreement, we cannot warrant or represent that Registered Members will in fact adhere to this Agreement and cannot act as insurers against, or accept any liability for, their failure to do so.
14. Other Terms