Fortune Network

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MP&3 TERMS AND CONDITIONS Welcome to Fortune Network's system, the MP&3 (the "Service"). Fortune Network ("fn") provides the Service pursuant to the Terms and Conditions set forth below. By clicking on the [Submit] button, you are agreeing to use the Service in a manner consistent with the Terms and Conditions of this Agreement and with no applicable laws and regulations. fn may modify this Agreement at any time. 1. SUBSCRIBER CONDUCT. You agree that you are solely responsible for the content of your FTP-server, and you further acknowledge that fn acts as a passive conduit for the distribution and transmission of data. You represent and warrant that the content you provide to fn (a) does not infringe on any third party's intellectual property or proprietary rights, or rights of publicity or privacy; (b) does not violate any law, statute, ordinance or regulation; (c) is not defamatory, trade libelous, threatening, abusive, pornographic (yes!) or obscene; (d) does not contain viruses or other similar harmful or deleterious programming routines; and (e) does not contain links to any such sites referenced above. If you violate any aspect of this provision you may be penalized up to and including loss of the Service and any other remedies available to fn by law. 2. REGISTRATION DATA. In consideration of use of the Service, you agree to provide fn current, complete, and accurate registration information (the "Registration Data") as prompted by the Service, and to maintain and update the Registration Data as required keeping it current, complete and accurate. You understand the Service is supported by advertising, and you grant fn the right to disclose the aggregate Registration Data to third parties in connection with marketing the Service. In cases where you choose to receive services from third parties associated with fn, you grant fn the right to disclose your individual Registration Data to those third parties in order to fulfill service offers. You also understand that third party service providers have individual policies towards the privacy of customer information which may differ from those stated herein. Furthermore, fn may itself use your individual Registration Data to provide targeting of advertisements and other Service offers. 3. PRIVACY. fn considers the Registration Data and the content of all messages to be private. Except as provided in Sections 1 and 2 above, fn will not intentionally monitor or disclose any e-mail message or Registration Data unless required by law. Additionally, you agree to respect the privacy and confidentiality of others. Since Subscriber privacy is a function of your password, fn encourages Subscribers to change passwords frequently and further not to share the password with any third party. 4. PERSONAL USE. You acknowledge that your right to use the Service is personal to you. You agree not to resell or make any commercial use of the Service without the express written consent of fn and you agree to be fully liable for the use of your account, including any unauthorized use of your account by a third party. 5. INDEMNIFICATION. You agree to defend, indemnify and hold harmless fn, its employees, directors, officers, agents and their successors and assigns from and against any and all liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon the use of your account, including but not limited to any claim of libel, defamation, violation of rights of privacy or publicity, loss of service and infringement of intellectual property or other rights. 6. TERM. This Agreement shall continue in full force and effect for so long as you are using the Service. Either you or fn may terminate the Service at any time, with or without cause. The provisions of Sections 1, 5, 7, 8 and 11 shall survive any such termination. 7. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. fn 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. fn MAKES NO WARRANTY THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES fn MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WLL BE CORRECTED. YOU UNDERSTAND AND AGREE ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLEY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. fn 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, WHICH YOU OBTAIN FROM fn OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. 8. LIMITATION OF LIABILITY. fn SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR INTERRUPTED COMMUNICATIONS, LOST DATA OR LOST PROFITS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, EVEN IF fn HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. Some States do not allow the limitation of liability so the foregoing may not apply to you. YOU ALSO AGREE THAT YOUR SOLE REMEDY UNDER THE TERMS AND CONDITIONS OF THIS AGREEMENT IS CANCELLATION OF THE SERVICE. 9. MAIL STORAGE. The Service shall include a maximum of five (5) megabytes of free e-mail storage per Subscriber. Any individual e-mail message larger than five (5) megabytes may or may not be processed, at fn's sole discretion. 10. MAIL RETENTION. All email received by Subscriber that remains unread in any Subscriber folder for more than sixty (60) days will be deleted and will be unrecoverable. All Subscriber accounts without login activity for a period of more than ninety (90) days will be classified as inactive ("Inactive Account"). fn, in its sole discretion, may delete any existing email from Inactive Accounts and incoming mail may be returned as undeliverable. Current Premium Services users will be excluded from the Inactive Account classification. 11. MISCELLANEOUS. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado without giving effect to principles of conflict of laws. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. fn's failure to act with respect to a breach by a Subscriber does not waive its right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between you and fn. ALSO if the above applies to you, you must also be 200 years old and crossbred with a hamster in order to take advantage of this service. KAKZUIGER!!!!!!

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