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SUBSCRIBER AGREEMENT FOR ITKNOWLEDGE
This Subscriber Agreement (the "Agreement") sets forth the terms and
conditions of your ITKnowledge Subscription. As a condition of subscribing
to ITKnowledge, you must accept the Agreement in its entirety.
PLEASE
REVIEW THIS AGREEMENT CAREFULLY AND INDICATE YOUR ACCEPTANCE BY CLICKING
THE "I AGREE" BUTTON AT THE END OF THE AGREEMENT. BY USING THIS SERVICE
AFTER CLICKING THE "I AGREE" BUTTON, YOU ARE AGREEING TO BE BOUND BY ALL OF
THE TERMS OF THIS AGREEMENT. IF THIS AGREEMENT IS NOT ACCEPTABLE, PLEASE
SO INDICATE BY CLICKING THE "I DO NOT AGREE" BUTTON AT THE END OF THIS
AGREEMENT.
GENERAL
ITKnowledge is an electronic information service (the "Service") operated
by EarthWeb Inc. ("EarthWeb") on the World Wide Web of the Internet
(currently located at www.ITKnowledge.com). The Service offers Subscribers
access to information, software and other content owned or licensed by
EarthWeb and third-parties ("Content Providers"). "Subscriber" means any
person who establishes an authorized account ("Account") for access to and
use of the Service. Once you complete the registration process and click
the "I AGREE" button, you become a Subscriber. By becoming a Subscriber
and using the Service, you are indicating that you are at least 18 years
old, and that you agree to be bound by all of the terms in this Agreement.
The right to use the Service is personal to you, and your Account is not
transferable. You are encouraged to print and keep a copy of this
Agreement.
SUBSCRIBER INFORMATION
By clicking the "I AGREE" button, you agree that EarthWeb may store
information you provide as part of the registration process, as well as
usage information, and provide aggregate statistical information about
subscribers to advertisers, potential advertisers, and Content Providers.
In addition, EarthWeb may use or disclose to third parties certain personal
identifying information, such as your name, address and phone number,
unless you notify EarthWeb that you do not wish EarthWeb to use or disclose
such information. EarthWeb may use such information to inform you about
other EarthWeb publications, products and services, unless you notify
EarthWeb that you do not wish to receive such information. EarthWeb may
also deliver additional messages about ITKnowledge to you by e-mail.
Notwithstanding the foregoing, EarthWeb will not disclose to third parties
your credit card information except to the extent necessary to complete a
transaction initiated by you.
Please read EarthWeb's Privacy Policy for more details.
PRICE AND PAYMENT
You may subscribe to ITKnowledge on a monthly or annual basis. You
authorize EarthWeb to charge to the credit card account designated during
the registration process the then applicable monthly or annual Subscription
fee ("Subscription Fee"). Information on current Subscription Fees and
other charges can be found in the Subscription Plan Information section of
ITKnowledge. Your monthly or annual Subscription shall be renewed
automatically unless you notify EarthWeb before the expiration of your
current Subscription period that you wish to cancel your Subscription at
the conclusion of such Subscription period. You may send cancellation
requests to EarthWeb via the Account Information section of ITKnowledge.
Unless otherwise indicated, all renewals will be charged at the standard
Subscription Fee in effect at the time the fee becomes payable. You agree
to pay all sales, use, value-added, personal property or other governmental
tax or levy imposed on the fees paid by you hereunder, other than taxes
based on net income or profits of EarthWeb Inc.
EarthWeb offers a fourteen (14) day free trial period (the "Trial Period") to
new Subscribers only. If you are a new Subscriber, you must provide
EarthWeb with valid credit card information at the time you sign up for the
free trial offer. As a new Subscriber, you may cancel your Subscription
without obligation prior to the expiration of the Trial Period. You may
send Trial Period cancellation requests to EarthWeb via the Account
Information section of ITKnowledge. You agree that, unless you cancel your
Subscription to ITKnowledge prior to the expiration of Trial Period,
EarthWeb will automatically charge to your credit card the fees for the
Subscription Term you have selected as part of the registration process.
Unless otherwise provided in the Subscription Plan Information section of
ITKnowledge, post-Trial Period Subscription Fees will be charged at the
standard Subscription Fees in effect at the time the fee becomes payable.
Payment of all fees and charges must be made by a major valid approved
credit card. Information on the credit cards accepted by EarthWeb is
available in the Subscription Plan Information section of ITKnowledge. All
fees and charges are nonrefundable. All fees and charges incurred in
connection with your user name and password will be billed to the credit
card that you designate during the registration process for the Service.
If you want to designate a different credit card or there is a change in
your credit card validity or expiration date, you may make such changes
through the Account Information section of ITKnowledge.
SUBSCRIBER ACCOUNT RESPONSIBILITIES
You are responsible for ensuring that all use of the Service under your
Account (i.e., use of the Service by any person using your User ID and
password) complies with the provisions of this Agreement and for
maintaining the confidentiality of your password. If you believe that your
Account is no longer secure (e.g., in the event of a loss, theft or
unauthorized disclosure or use of your password), you must promptly change
your password and notify ITKnowledge Customer Services at
CUSTSERV@ITKnowledge.com. You also are responsible for any fees or charges
incurred to access the Service through an Internet access provider or other
third-party service. YOU, AND NOT EARTHWEB, ARE RESPONSIBLE FOR PAYING ANY
AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY WHICH WERE NOT
AUTHORIZED BY YOU.
CHANGES
EarthWeb reserves the right, at any time, to (i) change the terms of this
Agreement, (ii) change the Service, including eliminating or discontinuing
any content or feature of the Service, restricting the hours of
availability or limiting the amount of use permitted, or (iii) change any
fees or charges for use of the Service, including instituting new or
increased fees or charges for the use of the Service or any feature
thereof. All changes in existing fees or charges will take effect upon
your renewal of Subscription. All other changes shall be effective
immediately upon notice. EarthWeb will notify you of any changes by
posting notice of such changes in the Subscription Plan Information section
of ITKnowledge, and you agree to review this section regularly to obtain
timely notice of such changes. Any use of the Service under a Subscriber's
Account after such notice shall be deemed to constitute acceptance of the
changes by the Subscriber.
SUBSCRIBER CONDUCT
You shall be responsible for, and assume all liability associated with, any
material made available through the Service under your Account, including
liability for claims of infringement, libel and slander. You shall not
post, transmit through or otherwise make available on the Service (i) any
material which violates or infringes in any way upon the rights of others,
which is unlawful, defamatory, obscene, abusive, profane, vulgar, sexually
explicit, racist, threatening, hateful or otherwise objectionable or which
encourages conduct that would constitute a criminal offense, give rise to
civil liability or otherwise violate any law, (ii) any copyrighted
material, without the express written consent of the owner thereof, (iii)
any advertising or any solicitation with respect to products or services
without the express prior written consent of EarthWeb, (unless posted in an
area specifically designated for that purpose), or (iv) any information or
software that contains a virus, worm, or other harmful or disruptive
component. Although EarthWeb does not and cannot review every message
posted on the Service, EarthWeb shall be under no obligation to permit any
material that you post or transmit to remain on the Service, and may refuse
to display or may remove from the Service any material which EarthWeb, in
its sole discretion, believes to violate this Agreement.
You acknowledge and agree that, by submitting any resource, link, applet,
information, content or other materials ("Content") to EarthWeb, you grant
to EarthWeb a nonexclusive, worldwide license to link to, reproduce,
distribute, adapt, perform, display, and transmit the submitted content,
and to sublicense or assign such rights to others. Further, by submitting
Content to EarthWeb, you acknowledge that you have the authority to grant
such rights to EarthWeb. PLEASE NOTE THAT YOU RETAIN OWNERSHIP OF ANY
COPYRIGHTS OF ANY CONTENT YOU SUBMIT. If the submitted Content includes or
consists of an applet or other software resource, the license granted to
EarthWeb shall apply to both object code and source code formats of the
applet or resource, and EarthWeb shall have the right under its license to
analyze, report on, summarize, and display the source code on its web
sites; however, EarthWeb will not display the complete source code of your
resource unless you grant EarthWeb express permission to do so. If you
submit a resource to EarthWeb and/or you grant EarthWeb permission to
display your source code and decide that you no longer want to grant
EarthWeb permission to display your source code, you may write to:
"EarthWeb, 3 Park Avenue, New York, New York 10016, Attn: Customer Service,
ITKnowledge", by certified mail, to request that the resource and/or the
source code to any applet or software resource submitted by you be removed
from an EarthWeb web site. Upon receipt of such certified mail
notification, EarthWeb will use its best efforts to remove such resource
and/or source code from the EarthWeb web sites.
THIRD-PARTY LINKS
ITKnowledge may contain links to other web sites operated by third parties
("Linked Sites"). You acknowledge that, when you click on a link to visit
a Linked Site, a frame may appear that contains the EarthWeb logo,
advertisements and/or other content selected by EarthWeb. You acknowledge
that EarthWeb and its sponsors neither endorse nor are affiliated with the
Linked Site and are not responsible for any content that appears on the
Linked Site. You also acknowledge that the owner of the Linked Site
neither endorses nor is affiliated with EarthWeb and its sponsors.
COPYRIGHT AND LIMITATIONS ON USE
Only one individual may access the Service at the same time using the same
user name or password, unless otherwise agreed to in writing by EarthWeb. The content
available through the Service is the property of EarthWeb or its Content
Providers and is protected by copyright and other intellectual property
laws. Content received through the Service may be displayed on your computer monitor for your personal, non-commercial use only. You agree not to
reproduce, retransmit, distribute, disseminate, download, sell, publish, broadcast or
circulate the content received through the Service to anyone, including but
not limited to others in the same company or organization, without the
express prior written consent of EarthWeb. You also agree that you shall not use
any automated or manual means, including but no limited to the use of any site
search or retrieval application to "spider" the service, to retrieve, index or in
any way circumvent the navigational structure or presentation of the Services Content
as established by EarthWeb. All rights not express granted herein are reserved
to EarthWeb and/or it's Content Providers.
For further information on use
of the Service Content, please see EarthWeb Permissions.
Except as stated in the license agreement accompanying any software
provided through or in connection with the Service, you are granted only a
personal, revocable, nonexclusive and nontransferable license to use such
software, and unauthorized copying of software is prohibited.
DISCLAIMERS AND LIMITATION OF LIABILITY
YOU AGREE THAT THE USE OF THE SERVICE AND ANY SOFTWARE OR OTHER MATERIALS
OBTAINED THROUGH OR IN CONNECTION WITH THE SERVICE ("SOFTWARE"), IS AT YOUR
OWN RISK. NEITHER EARTHWEB, ITS CONTENT PROVIDERS NOR ANY OF THEIR
RESPECTIVE EMPLOYEES, AGENTS OR LICENSORS WARRANT THAT THE SERVICE WILL BE
UNINTERRUPTED OR ERROR-FREE OR THAT SOFTWARE WILL BE ERROR-FREE; NOR DO
EARTHWEB OR ANY OF THE FOREGOING PERSONS MAKE ANY WARRANTY AS TO THE
ACCURACY, CORRECTNESS, COMPLETENESS, RELIABILITY OR CONTENT OF ANY
INFORMATION, SOFTWARE, PRODUCTS OR SERVICES PROVIDED THROUGH THE SERVICE OR
THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE. THE SERVICE AND ANY
SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE
OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE; AND EARTHWEB HEREBY EXPRESSLY DISCLAIMS, ON ITS OWN BEHALF AND ON
BEHALF OF ITS CONTENT PROVIDERS, ALL WARRANTIES OF ANY KIND, OTHER THAN
THOSE WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR
MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL THE TOTAL LIABILITY OF
EARTHWEB, OR ITS EMPLOYEES, AFFILIATES, SPONSORS, AGENTS, CONTENT
PROVIDERS, MERCHANTS OR LICENSORS, FOR ALL DAMAGES, LOSSES AND CAUSES OF
ACTION WHETHER IN CONTRACT, TORT, INCLUDING NEGLIGENCE, OR OTHERWISE,
EITHER JOINTLY OR SEVERALLY, EXCEED THE AGGREGATE DOLLAR AMOUNT PAID BY
SUBSCRIBER TO EARTHWEB IN THE 12 MONTHS PRIOR TO THE CLAIMED INJURY OR
DAMAGE. THE FOREGOING PROVISIONS OF THIS SECTION ARE FOR THE BENEFIT OF
EARTHWEB INC., ITS EMPLOYEES, DIRECTORS, AFFILIATES, AGENTS, SPONSORS,
CONTENT PROVIDERS, MERCHANTS AND LICENSORS, AND EACH SHALL HAVE THE RIGHT
TO ASSERT AND ENFORCE THESE PROVISIONS DIRECTLY ON THEIR OWN BEHALF. IN NO
EVENT WILL EARTHWEB OR ANY OF ITS AFFILIATES, SPONSORS, AGENTS OR
LICENSORS, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR
DISTRIBUTING THE SERVICE OR ANY SOFTWARE BE LIABLE FOR ANY DIRECT,
INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR
INABILITY TO USE THE SERVICE OR ANY SOFTWARE OR OUT OF THE BREACH OF ANY
WARRANTY OR ANY OTHER CAUSE. IN NO EVENT WILL EARTHWEB, ITS AFFILIATES,
SPONSORS, AGENTS, CONTENT PROVIDERS OR LICENSORS BE LIABLE TO YOU OR ANYONE
ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH
CONTENT OR THE SERVICE.
YOU ACKNOWLEDGE THAT ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY
OF THE PRODUCTS OR SERVICES DESCRIBED HEREIN IS PROVIDED SOLELY BY THE
OWNER, ADVERTISER OR MANUFACTURER OF THAT PRODUCT AND/OR SERVICE, AND NOT
BY EARTHWEB. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE
EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE
ABOVE EXCLUSIONS MAY NOT APPLY TO ALL SUBSCRIBERS.
INDEMNIFICATION
You agree to defend, indemnify and hold harmless EarthWeb, its affiliates,
sponsors and Content Providers, and each of their respective directors,
officers, employees and agents from and against all claims and expenses,
including reasonable attorneys' fees, arising out of your use of the
Service or your Account.
NOTICES
Notice of changes to this Agreement shall be made in the Subscription Plan
Information section of ITKnowledge, as described in the "Changes" section
of this Agreement. EarthWeb may give any other notices to you, at
EarthWeb's option, by sending notices to you by electronic or conventional
mail. Notices by you to EarthWeb must be given by electronic or
conventional mail. Notices to EarthWeb by electronic mail must be sent to
CUSTSERV@ITKnowledge.com. Notices to EarthWeb by conventional mail must be
sent to: EarthWeb Inc., 3 Park Avenue, New York, New York 10016, Attn:
Customer Service, ITKnowledge. Any notice conveyed by you to EarthWeb will
not change the terms of this Agreement or any EarthWeb operating rule,
unless the change is expressly accepted in a signed writing by an
authorized officer of EarthWeb.
TERMINATION
Either you or EarthWeb may terminate this Agreement and your Account at any
time, with or without cause. In the event that you are dissatisfied with
the Service for any reason whatsoever the only right available to you is to
terminate your Account by providing notice to EarthWeb pursuant to this
Agreement. EarthWeb may suspend or terminate your Account, without notice,
in the event of your breach of this Agreement or for other conduct which
EarthWeb, in its sole discretion, considers to be unacceptable. Suspension
or termination of a your Account means that the Service will no longer be
accessible to you. EarthWeb shall not be responsible for any consequences
of such lack of access. The provisions of the Subscriber Information, Price
and Payment, Subscriber Conduct, Copyright and Limitations on Use,
Disclaimers and Limitation of Liability, Indemnification, Termination, and
Miscellaneous sections of this Agreement shall survive the termination of
the Agreement or your Account, whether by you or EarthWeb.
Special Notice to California Subscribers. As required by California Code
Section 1789.3, this notice is to advise you of the following:
(a) ITKnowledge is a service provided by EarthWeb Inc., 3 Park Avenue, New
York, New York 10016. EarthWeb's telephone number is (212) 725-6550.
(b) For a description of all current fees and charges, see the Subscription
Plan Information section of ITKnowledge. EarthWeb reserves the right to
change the amount of any fee or charge and to institute new fees or
charges, effective upon renewal of your Subscription.
(c) If you have a complaint regarding the Service or desire further
information on use of the Service, contact EarthWeb by telephone at (212)
725-6550. For complaints, you may also contact the Complaint Assistance
Unit of the Division of Consumer Services of the Department of Consumer
Affairs in writing at 400 "R" Street, Sacramento, California 95814 or by
telephone at 1-916-445-1254.
RESTRICTED RIGHTS
Use, duplication or disclosure by the government is subject to the
restriction as set forth in subparagraph (c)(1)(ii) of the rights in
Technical Data and Computer Software Clause as DFARS 252.227-7013 and FAR
52.227-19, as applicable. Supplier is EarthWeb Inc., 3 Park Avenue, New
York, New York 10016.
MISCELLANEOUS
This Agreement constitutes the entire and only agreement between you and
EarthWeb with respect to the Service, and supersedes all other
communications and agreements with respect to the subject matter hereof.
This Agreement may be modified from time to time upon notice by EarthWeb,
as described above. This Agreement shall be deemed to have been executed
in the State of New York, and shall be governed by and construed in
accordance with the substantive laws of the State of New York, without
regard to its conflict of laws rules. If any provision of this Agreement
is determined to be invalid, all other provisions shall remain in full
force and effect. No waiver of any breach or default hereunder shall be
deemed to be a waiver of any preceding or subsequent breach or default.
The section headings used herein are for convenience only and shall not be
given any legal import.
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