Upon your acceptance
of this Agreement, you are authorized to establish a hyperlink ("the
Link") from your site (the "Host Site") pointing to this site (the
"Destination Site") on the following terms. By posting the Link on your
Host Site, you are accepting the terms of this Agreement and any new
version of it posted since your last visit. If the Agreement is not
acceptable, then please do not use the Link. This Agreement was last
updated on: April 15, 2001.
1.
The Link. The Link will point to
“www.onlinecomputerservicenetwork.com” and will be described textually
as: “Online Computer Service Network”. The Link will also appear as a
button logo link in the form provided by the Destination Site. During
the Term, the Host Site may use the Destination Site's trademarks on a
standalone, nonexclusive basis in support of the Link and for no other
purpose. The linking information will be updated as needed.
2.
Framing and Deep Linking. The Host Site may use "framing"
or similar boundary control techniques to display the contents of the
Destination Site to visitors that click on the Link. Frames will be
distinctly noticeable to users and will not imply ownership, sponsorship
or endorsement of the Destination Site. Commercial advertisements may
not be displayed by the Host Site in the frame border. Deep linking to
content appearing in files below the Destination Site's URL referenced
in Section 1 ("The Link") is not permitted.
3.
Link Placement. The Host Site will give prompt and serious
consideration to all reasonable requests of the Destination Site
concerning placement and appearance of the Link. The Host Site will in
its reasonable discretion determine the style, substance and arrangement
of links at its site.
4.
Site Control. This Agreement reflects a simple linking
arrangement between two Internet sites that are independently owned and
operated. Neither party is a publisher, distributor, agent, partner,
franchiser or endorser of the other party's site, content or features.
Except as specifically stated, each party retains exclusive editorial
control over its own site and has the right to make administrative or
operational decisions it deems necessary or helpful in the normal course
of business.
5.
Privacy of User Data. The Destination Site will not
collect, use or disclose any personal information of site visitors,
except: (a) as functionally necessary to process visitor instructions
and transactions; (b) for efficient internal operation, subject to
adequate data security; (c) for appropriate sharing between the two
Sites for their own internal marketing purposes; (d) to enforce this
Agreement or comply with legal process, and (e) in emergencies when
physical safety is believed at risk. Except as stated, personal
information may not be disclosed to third parties. "Personal
information" includes personal identity, billing information and
navigation of site visitors.
6.
Certain Responsibilities. Neither party's site will
knowingly contain: (a) any content or feature which violates or
infringes the rights of any person or which a reasonable person would
consider abusive, profane or offensive, which is false or misleading,
defamatory or harassing, excessively violent, or which violates or
encourages others to violate any applicable law, or (b) any obscene,
pornographic or sexually explicit materials. The Host Site will not
disparage the Destination Site or present the Link in a manner that
diminishes its goodwill.
7.
Hold Harmless. A party failing to comply with its
responsibilities hereunder shall defend, indemnify and hold the other
party harmless from all costs, damages and expenses (including
reasonable legal fees) from third party claims arising out of such
failure.
8.
Warranties & Liabilities. Each party warrants that it has
all legal rights needed to enter into this Agreement. EXCEPT AS STATED,
ALL SITES, LINKS AND SERVICES ARE PROVIDED AS-IS AND AS AVAILABLE. There
are no third party beneficiaries of this Agreement. Except for a knowing
breach of warranty or for a duty to indemnify against certain third
party claims hereunder, neither party is liable for direct damages
exceeding $500. Except for willful infringement of a party's
intellectual property rights, neither party is liable for indirect,
incidental or consequential damages, even if notified of the possibility
of such damages.
9.
Termination. Either party may immediately suspend the Link
if the other party is in material breach and may then terminate the
Agreement if corrective action is not promptly forthcoming. If your
membership is suspended or terminated, you will promptly remove the Link
and stop using it. In addition, either party may terminate the Agreement
if it discontinues relevant site operations. Otherwise, this Agreement
will continue until terminated by either party upon advance written
notice. Upon termination, the Host Site shall remove the Link and each
party shall return all proprietary materials of the other party (such
covenant is enforceable by injunction without posting bond). Termination
has no effect on the warranty and indemnity provisions of this
Agreement.
10.
Miscellaneous. This document reflects our entire and
exclusive agreement, supersedes all other communications regarding this
subject and may be amended only in writing. It is governed by
Florida
law, without regard to conflicts of law principles. The parties will
litigate any dispute in such designated State and irrevocably consent to
exclusive personal jurisdiction therein. All rights not expressly
granted are reserved. Waiver of any provision in one instance shall not
preclude future enforcement thereof. This Agreement shall automatically
be deemed modified and conformed to the minimum requirements of current
and future law. By placing the Link to our site on your Host Site, you
agree to the terms of this Agreement.