D I G I TA L HO M E P O R TA L S , I N C .T E R M S O F U S E A G R E E M E N T1. Definitions.digihomeportals.com is the website maintained by Digital Home Portals, Inc. “Thesite” or “site” refers to digihomeportals.com and its related web sites. “User,” or collectively “Users,” refers to any party who accesses the site. “DigiHomePortals” refers to Digital Home Portals, Inc. “Access” means viewing or otherwise obtaining informationlocated on digihomeportals.com. “Agreement” refers to these terms of use and anysubsequent modification.2. Acceptance of Terms.By accessing the site, User accepts and agrees to all conditions imposed in thisTerms of Use Agreement.DigiHomePortals reserves the right to modify these terms of use at any timewithout notice to User, including imposing a fee to access certain materials contained onthe site. Any change in these terms of use is effective immediately upon User’s receipt ofnotice from DigiHomePortals. Notice can be given through e-mail, posting on the site orany other means by which User may obtain notice. Users should periodically check theseterms of use for changes. Any use of the site after changes have been made shall bedeemed acceptance of those changed terms of use.DigiHomePortals has the exclusive right to control accessibility, hours of use,features on the site and any other information found on the site. DigiHomePortals canrestrict access to any or all portions of the site or remove any information or content fromthe site at any time. DigiHomePortals reserves the right to monitor use of the site.User is solely responsible for providing the equipment related to accessing thesite, including all computer, remote communications equipment, telephone or otherequipment.DIGITAL HOME PORTALS, INC. TERMS OF USE AGREEMENT 1 | P A G E PAGE 1
3. Copyright and Marks.All contents on the site (with the exception of content provided byDigiHomePortals’s third party content providers and materials posted by users) are thecopyrighted property of DigiHomePortals. Other than the download to the viewer’scomputer that is inherent in viewing a web page, site contents may not be copied,reproduced, modified, published, uploaded, posted, transmitted, “framed” on another site,or distributed in any way without the prior written consent of DigiHomePortals. Usersmust retain all copyright and other proprietary notices on any authorized reproductions ofany portion of the site. Any third party marks and content appearing on the site are theproperty of their respective owners. You are not permitted to use any of these third partymarks or content without permission of the respective owner.Users posting their own content on the site pursuant to the terms of thisAgreement retain the copyright in such material, but they are deemed to have givenDigiHomePortals a license to the material sufficient for the purposes of operating the website, which means DigiHomePortals can copy the material for backup and archivalpurposes, display it on the web site, allow viewers to view it, which means they havedownloaded a copy to the viewing machines, and edit it for length or compliance with therules applicable to user postings on the site. Such license is perpetual, worldwide,transferable as part of any transfer of the web site in whole or in part, and fully-paid up.DigiHomePortals also has the right to remove such content from the site at any time forany purpose.”4. Prohibited Conduct.User expressly agrees to refrain from doing, either personally or through an agent,any of the following:1) Use any device or other means to harvest information about other Users.2) Transmit, install, upload or otherwise transfer any virus or other item orprocess to the site that in any way affects the use, enjoyment or service of the site.DIGITAL HOME PORTALS, INC.TERMS OF USE AGREEMENT PAGE | 2 PAGE 2
3) Transmit, install, upload or otherwise transfer any virus or other item tothe site that in any way affects the use, enjoyment or service of any User’s orDigiHomePortals employee’s computer or other medium used to access the site.4) Post any material on the site that is offensive to any other User.DigiHomePortals maintains the exclusive right to determine what is offensive.5) Post or store on the site any content that violates or infringes theintellectual property rights of others (including but not limited to copyrights, trademarks,trade secrets, patents and publicity rights).6) Modify the information, including headers, found on the website.7) Transmit, install, upload or otherwise transfer to the site any unauthorizedadvertisement or communication.8) Engage in any action which DigiHomePortals determines is detrimental tothe use and enjoyment of the website.9) Use the website for any unlawful or defamatory means.10) Transmit, install, upload, post or otherwise transfer any information inviolation of the laws of the United States or post any information that could result in civilunrest.5. Disclaimer and Limitation of Liability.Although DigiHomePortals has attempted to provide accurate information on thesite, it makes no guarantee or warranty, express or implied, as to the reliability, accuracy,timeliness or completeness of that information and assumes no responsibility for anyerrors or omissions therein. USER ACCESSES THIS SITE AT HIS OR HER OWNRISK. THE SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASISWITHOUT WARRANTY OF ANY KIND AND ANY AND ALL WARRANTIES OFMERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE SPECIFICALLY DISCLAIMED. NEITHER DigiHomePortals.TERMS OF USE AGREEMENT PAGE | 3 PAGE 3
NOR ITS AFFILIATES, EMPLOYEES, AGENTS OR THIRD PARTY CONTENTPROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE ORUNAVAILABILITY OF INFORMATION OR CONTENT ON THIS SITE,INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOSS OR DAMAGETO DATA, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL,COMPENSATORY OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEENADVISED OF THE POSSIBILITY OF SUCH DAMAGES.THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURYRESULTING FROM NEGLIGENCE OR OMISSION OF DigiHomePortals,COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONSERRORS, OR UNAUTHORIZED ACCESS TO OR USE OF USER INFORMATIONTHROUGH THEFT OR ANY OTHER MEANS. DigiHomePortals IS NOT LIABLE FOR CRIMINAL, TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OFTHIRD PARTIES THAT AFFECT THIS SITE.IN NO EVENT WILL DigiHomePortals OR ANY OF ITS AFFILIATES,AGENTS, EMPLOYEES, ASSIGNS OR THIRD PARTY CONTENT PROVIDERS BEHELD LIABLE FOR ANY TORTIOUS OR ILLEGAL CONDUCT OF OTHERUSERS.IN NO EVENT WILL DigiHomePortals OR ANY OF ITS AFFILIATES,AGENTS, EMPLOYEES OR ASSIGNS BE HELD LIABLE FOR ANY DAMAGE TOEQUIPMENT, HARDWARE OR OTHER PROPERTY OF USER OR PERSONALINJURY THAT ARISES IN CONNECTION WITH USE OF THE SITE. 6. Third Party Content. DigiHomePortals is not the publisher or speaker of any information on the site that is provided by third party content providers, and DigiHomePortals is not liable for any claims related to such information. Any mention in the site of products or services provided by third parties is for informational purposes only and constitutes neither an endorsement nor a recommendation by DigiHomePortals. DigiHomePortals assumes no DIGITAL HOME PORTALS, INC.TERMS OF USE AGREEMENT PAGE | 4 PAGE 4
responsibility for those products or services. Any dealings among any User and any third parties mentioned on or found through the site are solely between such Users and such third parties, and are subject to any terms, conditions, warranties or representations associated with such dealings. Digital Home Portals Inc. MAKES NO WARRANTY, EITHER EXPRESSED ORIMPLIED, OF THE ACCURACY, MERCHANTABILITY OR FITNESS FOR APARTICULAR PURPOSE OF THE INFORMATION PROVIDED BY THIRDPARTIES. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY INFORMATION FOUND ON A LINK LOCATED ON THIS SITE THAT ALLOWS USERS TOACCESS INFORMATION FOUND ON ANOTHER SITE. ADDITIONALLY, DigiHomePortals DOES NOT WARRANT THE EXISTENCE OR FUNCTIONALITYOF ANY SITE WHICH CAN BE ACCESSED THROUGH A LINK LOCATED ONTHIS SITE. 7. Indemnification. User agrees to defend, indemnify and otherwise hold harmless DigiHomePortals and its officers, directors, agents, employees and assigns from and against any cause of action or claim, including legal fees, related to User’s use of the site.
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