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The following Terms of Service, ("TOS") govern your use of theGuestbook.com Trial Membership Service, (the "Guestbook"). Jupitermedia Corporation reserves the right to change these terms and conditions without notice to You by posting such changes to the TOS and/or the Guestbook Web site. We may terminate your account and disconnect your use of the Guestbook at any time for any reason. Your account may terminate pursuant to the terms of the trial period unless you upgrade. You agree to use the Guestbook at your own risk. You agree to not change the Guestbook's programming code, or alter the look and feel of the Guestbook in any way. You understand that this is a free, limited, trial service provided by Jupitermedia's internet.com and that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Jupitermedia, are entirely responsible for all Content that is uploaded, posted, emailed, transmitted or otherwise made available via the Guestbook. Jupitermedia does not control the Content posted via the Guestbook and, as such, is not in any way responsible for the accuracy, integrity or quality of such Content. You understand that by using the Guestbook, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Jupitermedia 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, emailed, transmitted or otherwise made available via the Guestbook. You and your Web site users shall not post on the Guestbook any Content which (a) is libelous, defamatory, racist, hate-crime oriented, obscene, pornographic, abusive, harassing or threatening, (b) contains viruses or other contaminating or destructive features, (c) violates the rights of others, such as Content which infringes any copyright, trademark, patent, trade secret or violates any right of privacy or publicity, or (d) otherwise violates any applicable law. You and your Web site users may not post on the Guestbook any links to any external Internet sites that are obscene or pornographic. You understand that Jupitermedia does not and cannot review the Content posted by users on the Guestbook and is not responsible for such Content. However, Jupitermedia reserves the right to delete, move or edit any Content that it may determine, in its sole discretion, violates this Agreement or is otherwise unacceptable. Furthermore, while we are obligated to, we reserve the right to track IP addresses and other information of anyone posting to, or accessing, the Guestbook. You shall indemnify, defend, and hold Jupitermedia, its affiliates, and employees harmless in connection with any and all costs, expenses, losses and liabilities, but not limited to, attorneys' fees, expert witness fees, costs, and expenses in the event any third party brings any claim, action, arbitration, or other proceeding against Jupitermedia (collectively, "legal proceeding"), arising from you or your Web site visitors use of the Guestbook, or from any breach of this Agreement. No warranty is made by Jupitermedia regarding any services or products provided by or through Jupitermedia. Jupitermedia HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: 1) ANY WARRANTIES AS TO THE AVAILABILITY, ACCURACY, OR CONTENT OF INFORMATION, PRODUCTS, OR SERVICES; 2) ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; 3) ANY WARRANTIES AGAINST NON-INFRINGEMENT; 4) ANY OTHER IMPLIED WARRANTIES ARISING FROM AN ALLEGED COURSE OF DEALING OR OF PERFORMANCE. IN NO EVENT SHALL Jupitermedia, ITS AFFILIATES OR EMPLOYEES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF REVENUE, LOST PROFITS, OR DATA). This Agreement contains the entire agreement between the Jupitermedia and You regarding the use of the Guestbook, and supersedes all prior written and oral understandings and writings, and may only be amended upon notice by Jupitermedia to You. Unless otherwise explicitly stated, the provisions of this Agreement shall survive its termination. The parties agree that the exclusive location for purposes of Jurisdiction and Venue is a court of appropriate jurisdiction in the State of Connecticut, County of Fairfield. In any such action, the parties agree that the law of the State of Connecticut, County of Fairfield shall apply and shall govern the determination of the action. If you agree with the above Terms of Service, please click on the button below.
