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  1. #1
    ABW Founder Haiko de Poel, Jr.'s Avatar
    Join Date
    January 18th, 2005
    Location
    New York
    Posts
    21,609
    <BLOCKQUOTE class="ip-ubbcode-quote"><font size="-1">quote:</font><HR>A Holiday Note from the Shopping Club Formerly Known as Morpheus

    The Original "Morpheus Shopping Club," powered by WURLD Media, is letting you know that you have unclaimed cash in your account.

    To get your cash, drop us a line at cashback_at_morpheusshoppingclub.com and provide us with your most current contact information so we can send you a check just in time for the holidays! We won’t share or resell your information; we need it to get you your check!

    Unfortunately WURLD Media will no longer be supporting the Morpheus Shopping Club after December 31st, 2003. At that time we will invite you to visit and join our other rewards and support sites, but for the time being we want to make sure we keep our promise to you and get you your CASH!

    Happy Holidays from WURLD Media!
    <HR></BLOCKQUOTE>

    <font size="2" face="Verdana">Haiko


    The secret of success is constancy of purpose. ~ Disraeli
    </font></p>

  2. #2
    ABW Founder Haiko de Poel, Jr.'s Avatar
    Join Date
    January 18th, 2005
    Location
    New York
    Posts
    21,609
    License Agreement:

    <BLOCKQUOTE class="ip-ubbcode-quote"><font size="-1">quote:</font><HR>Morpheus values your anonymity and privacy. Morpheus does not contain or bundle malicious spyware. By clicking below you will begin the installation of Morpheus peer to peer file sharing software. By clicking below you agree to the third party end user license agreement(s) set out below.

    =======================================================
    MY SEARCH BAR
    =======================================================
    BY CLICKING ON THE "SUBMIT", "DOWNLOAD", "I ACCEPT" OR SUCH SIMILAR BUTTON OR LINK AS MAY BE DESIGNATED FOR PURPOSES OF INITIATING THE DOWNLOAD OF THE MY SEARCH TOOLBAR SOFTWARE PRODUCT (THE APLICATION") AND DOWNLOADING AND INSTALLING THE APPLICATION, YOU AGREE TO BE LEGALLY BOUND BY THESE LICENSE TERMS AND CONDITIONS:

    1. License Grant
    Subject to the terms and conditions of this Agreement, Bulldog Holdings, Inc., d/b/a My Search ("My Search") grants you a non-exclusive, revocable, limited license, to (a) download and install the most current versions of the Application and (b) use the Application(s) you download and install for your personal, non-commercial purposes.

    2. License Restrictions
    Your license to an existing version of a particular Application may, at our discretion, expire when new versions of that Application are released. We reserve the right to add additional features or functions to existing Applications. When installed on your computer, an Application periodically communicates with our servers. Additionally, we may require the updating of an Application on your computer when we release a new version of an Application, or when we make new features available. This update may occur automatically or through other means and may occur all at once or over multiple sessions. You understand that we may require your review and acceptance of our then-current Privacy Policy and License Agreement before you will be permitted a limited license for any subsequent versions of our Applications.

    You acknowledge and agree that we have no obligation to make available to you any subsequent versions of our Applications. You may not sell, lease, sublicense, distribute, copy (other than a single copy for your own backup purposes), or in any way transfer any of our Applications. You may not modify, reverse-engineer, decompile, disassemble, or otherwise discover or disassemble our Applications, or attempt to do so for any reason. Further, you may not access, create or modify our source code in any way. You do not have the right to create derivative works of our Applications. All modifications or enhancements to our Applications remain our sole property. You understand that we, in our sole discretion, may modify or discontinue or suspend your right to access any of our services or use any of our Applications at any time, and we may at any time suspend or terminate any license hereunder and disable any Applications you may already have accessed or installed without prior notice or further obligation to you.

    This is a limited license to use our Applications, and not a sale or transfer of ownership, in whole or in part, to any application. We reserve all rights in our Applications not expressly granted to you in this Agreement.

    3. Other Restrictions
    You may not rent, lend, assign, lease or sublicense any Application, or use any Application for the benefit of any third party through any outsourcing or time sharing arrangement or through the operation of any service bureau, but you may transfer your rights under this Agreement on a permanent basis provided (i) you transfer all copies of any of our Applications you may possess and of this Agreement (including the Privacy Notice); and (ii) the recipient agrees to be bound by this agreement including the Privacy Notice. Any transfer must include the most recent product upgrade. When you transfer an Application, you must remove all remaining copies of the Application from your computer and destroy any other copies, whether true or modified, in your possession.

    4. Ownership
    You acknowledge and agree that each of our Applications is licensed, not sold to you. You agree that we own all of our Applications, including all Intellectual Property Rights in or relating to each Application, except as otherwise specified or expressly granted to you in this Agreement. "Intellectual Property Rights" means, collectively, rights under patent, trademark, copyright and trade secret laws, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide, including, without limitation, moral or similar rights. You may not delete, alter, or remove any copyright, trademark, or other proprietary rights notice we have placed on any Application. My Search reserves all rights not specifically granted in this Agreement. We retain all ownership and Intellectual Property Rights in each of our Applications at all times, and regardless of the form or media in or on which the original or other copies may subsequently exist.

    You acknowledge that each of our Applications, including all code, content, protocols, software, and documentation provided to you by My Search in conjunction with the Applications or our services are My Search's property or the property of My Search's licensors, and are protected by U.S. and international copyright, trademarks, patents and other proprietary rights and laws relating to Intellectual Property Rights. You acknowledge that you do not acquire any ownership rights in any such content, protocols, software or documentation and that you may not resell any of our Applications or services (or any part thereof) or any such content, protocols, software or documentation. All rights not expressly granted hereunder are expressly reserved to My Search and My Search's licensors.

    5. Content and Infringement
    You understand that all content, including, without limitation all data, links, articles, graphic or video messages and all information, text, software, music, sound, graphics or other materials ("Content") made available through the Applications or our services, whether publicly posted or privately transmitted, is the sole responsibility of the entity from whom it originated. You understand and agree that by using an Application, you may be exposed to Content that may be offensive, indecent or objectionable in your community. You agree to accept all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content. Under no circumstances will My Search be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for loss or damage of any kind incurred as a result of the use of any Content posted or transmitted via the Application.

    We are not responsible for any content such as audio, video, text or any other, files owned by users of our Applications. All of our Applications are exposed to various security issues, and should be regarded as unsecured. By accepting this Agreement, you indicate that you understand, acknowledge and agree that by using our Applications, you may be subject
    to various risks, including the exposure of data you have downloaded or have offered to share, and that you accept all such risk as solely your risk and responsibility.

    In addition, all content made available or accessed through our Applications is the property of the applicable content owner and may be protected by applicable laws including without limitation those relating to Intellectual Property Rights. This Agreement gives you no rights to such content.

    My Search respects and expects its users to respect the rights of copyright holders. On notice, My Search will act expeditiously to remove content accessible through our services that infringes the copyright rights of others. My Search will disable the access to the Applications and our services by anyone who uses them to repeatedly infringe the Intellectual Property Rights of others. If you believe that our services contain elements that infringe your copyrights in your work, please follow our Notice and Procedure for Making Claims of Copyright Infringement located at <http://www.mysearch.com/jsp/terms.jsp>.

    6. Consent to Installation and Right to Uninstall
    You understand that you may uninstall any of our Applications at any time by using the Windows add/remove programs function or following the instructions listed on our website at http://help.mysearch.com/searchbar.html#q4 <http://help.mysearch.com/searchbar.html>. However, by uninstalling the Applications, you will be unable to access our services and, in some instances, unable to use software with which the Application was bundled.

    You understand, acknowledge and agree that installation of an Application permits the downloading to your computer by My Search of software which allows us to update the Application, and that such updates may occur without notice to you, unless the terms of this Agreement change in a material way. You agree to accept all such updates and agree that they
    are and shall be governed by this Agreement unless superceded by a successor agreement as described below.

    You further understand, acknowledge and agree that in consideration of the Applications, services and information provided to you by My Search, and in order to make our services functional and robust, the Application may communicate with our servers. The Application does not monitor or report back to My Search with information about where you are traveling
    or what you do on any web sites. The Application communicates only in connection with verifying and updating your settings (which may be adjusted from the My Search website) or in connection with updates. You hereby consent to such communications and our use of such information.

    If you wish to withdraw your consent to our gathering and use of such data and information, uninstall our applications.

    7. Your Obligations
    You represent and warrant that you are either the owner or an authorized user of the computer where our Application is installed. You agree, with respect to all other users of your computer, to (i) provide a copy of this Agreement; and (ii) obtain their consent to this Agreement before allowing them to use the computer to access the Internet. You agree to provide and to maintain fully accurate, complete and current information related to your registration for the Applications and our services and information that may be required in the course of your use of our services. If My Search has reasonable grounds to suspect that such information is inaccurate, not current or not complete, My Search has the right to suspend or terminate your account, deny any or all use of the Applications or our services, and pursue any appropriate legal remedies.

    You agree that we shall have the right to use the information you provide to us for the purposes described in this Agreement and in furtherance of your use of our services. You may use our services only for lawful purposes. The services described herein are subject to, and you agree that you shall at all times comply with, all local, state, national, and international laws, statutes, rules, regulations, ordinances and the like applicable to use of the My Search services and Applications. You agree not to use the My Search services and Applications to conduct any business or activity or solicit the performance of any activity, which is prohibited by law, or any contractual provision by which you are bound.

    8. Access and Interference; Passwords
    You agree that you will not use any robot, spider, other automatic or manual device or process to interfere or attempt to interfere with the proper working of any of our Applications, services or content, except to remove our Applications from a computer of which you are an owner or authorized user. You may not violate or attempt to violate the security of our services. We reserve the right to investigate occurrences which may involve such violations, and may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations. You agree that it is your responsibility to install anti-virus software and related protections against viruses, Trojan horses, worms, time bombs, cancelbots or other techniques that may have the effect of damaging, destroying, disrupting or otherwise impairing a computer's functionality or operation, which may inadvertently be transferred to your computer through your use of our Applications.

    In order to access certain services or use certain features of our Applications, you may be required to pay fees and/or accept additional terms and conditions and/or you may be provided you with a number, code or other sequence that provides access to certain restricted services (the "ID") and to your account (the "Password"). You are the sole and
    exclusive owner of any Password and ID combination issued or chosen by to you. Maintaining the confidentiality and security of your Password(s) and ID(s) is solely your responsibility. You are fully responsible for the use and protection of each Password and ID issued to or chosen by you and for all transactions undertaken by means of any account opened, held, accessed or used via such Password and ID. You shall notify us immediately and confirm in writing any unauthorized use of accounts or any breach of security, including without limitation any loss, theft or unauthorized use of your Password(s), and/or ID(s) or any related account. If we have reasonable grounds to suspect that the security of your Password and/or ID has been compromised, we have the right to suspend or terminate your account, refuse any and all current or future use of the services, and pursue any appropriate legal remedies. We shall not be responsible for any losses incurred in connection with any misuse of any Password or ID.

    9. Electronic Signatures and Agreements
    You acknowledge and agree that by clicking on the button labeled "SUBMIT", "DOWNLOAD", "I ACCEPT" or such similar links as may be designated by My Search to download the software to accept the terms and conditions of this Agreement, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by this Agreement. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the "E-Sign Act") or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SERVICES. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.

    10. Disclaimer of Warranty
    YOU ACCESS AND USE OUR APPLICATIONS AND SERVICES AND ANY CONTENT AVAILABLE THROUGH OUR SERVICES OR ON OUR WEBSITE AT YOUR SOLE RISK. WE PROVIDE THE APPLICATIONS AND THE CONTENT ON AN "AS IS," AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATIONAL CONTENT, SYSTEM INTEGRATION OR NON-INFRINGEMENT. WE MAKE NO REPRESENTATIONS OR WARRANTIES CONCERNING THE SERVICES PROVIDED BY THIRD PARTIES ACCESSIBLE ON OR THROUGH OUR APPLICATIONS OR SERVICES. NEITHER WE NOR OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, THIRD PARTY VENDORS, FACILITIES, INFORMATION PROVIDERS, LICENSORS, NOR ANY EXCHANGES, CLEARING ORGANIZATIONS OR OTHER SUPPLIERS PROVIDING DATA, INFORMATION, OR SERVICES (EACH A "PROVIDER") MAKE ANY REPRESENTATION OR WARRANTY: (A) AS TO THE TIMELINESS, SEQUENCE, ACCURACY, COMPLETENESS, RELIABILITY OR CONTENT OF THE APPLICATIONS OR THE SERVICES OR ANY INFORMATION, SERVICE OR TRANSACTION PROVIDED THEREBY, OR (B) THAT THE APPLICATIONS OR THE SERVICES WILL BE AVAILABLE OR WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER, OR (C) THAT ERRORS OR DEFECTS RELATED TO THE APPLICATIONS OR THE SERVICES WILL BE CORRECTED. WE ALSO DO NOT WARRANT THAT THE APPLICATIONS OR THE SERVICES OR THE INFORMATION AVAILABLE THROUGH THE SERVICES, IS APPROPRIATE, ACCURATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION. WE MAKE NO WARRANTY THAT (i) WE CAN IDENTIFY ANY IDENTITY THEFT, (ii) THE QUALITY OF ANY PRODUCTS OBTAINED OR PURCHASED THROUGH THE USE OF OUR APPLICATIONS WILL MEET YOUR EXPECTATIONS; OR (iii) ANY ERRORS IN OUR APPLICATIONS OR MATERIALS WILL BE CORRECTED. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.

    The above exclusions may not apply in jurisdictions that do not allow the exclusion of certain implied warranties.

    11. Termination
    You may terminate this Agreement at any time by uninstalling and destroying all copies of our Applications in your possession or control. We may terminate this Agreement, disable Applications or cease providing any service at any time in our sole discretion.

    12. Limitation of Liability
    YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL MY SEARCH, ITS PARENTS, SUBSIDIARIES, OR AFFILIATES OR THEIR EMPLOYEES, DISTRIBUTORS, SUPPLIERS, MERCHANT PARTNERS, ADVERTISERS, DIRECTORS OR AGENTS (EACH A "PROTECTED PARTY, COLLECTIVELY "PROTECTED PARTIES") BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR OTHER RELIEF ARISING OUT OF, OR RELATED TO, THIS AGREEMENT OR TO YOUR USE OR INABILITY TO USE ANY OR ALL OF THE APPLICATIONS OR SERVICES INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST BUSINESS OR LOST OPPORTUNITY, GOODWILL, OR OTHER INTANGIBLE LOSSES (EVEN IF MY SEARCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).

    TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS, FOR ANY REASON, HELD TO BE INAPPLICABLE OR UNENFORCEABLE IN WHOLE OR IN PART, THEN MY SEARCH'S AGGREGATE LIABILITY, FOR ANY REASON AND FOR ANY CAUSE OF ACTION AND ANY THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE SERVICES OR THIS AGREEMENT SHALL BE LIMITED TO THE LESSER OF DAMAGES ACTUALLY INCURRED OR THE AVERAGE REVENUE RECEIVED BY MY SEARCH PER USER OF MY SEARCH SOFTWARE PRODUCTS PER MONTH AS CALCULATED BY MY SEARCH BASED ON THE USE OF SUCH PRODUCTS (AND NOT OTHER PRODUCTS OR SERVICES OFFERED BY MY SEARCH) MULTIPLIED BY THE NUMBER OF COMPLETE MONTHS YOU HAVE BEEN AN APPLICATION USER THE PROTECTED PARTIES ASSUME NO LIABILITY HEREUNDER FOR, AND SHALL HAVE NO OBLIGATION TO DEFEND YOU OR TO PAY COSTS, DAMAGES OR ATTORNEYS' FEES FOR, ANY CLAIM BASED UPON: (I) ANY METHOD OR PROCESS IN WHICH OUR APPLICATION MAY BE USED BY YOU; (II) ANY RESULTS OF USING OUR APPLICATION; (III) ANY USE OF OTHER THAN A CURRENT UNALTERED RELEASE OF ONE OF OUR APPLICATIONS; OR (IV) THE COMBINATION, OPERATION OR USE OF ANY OF OUR APPLICATION(S) WITH THIRD PARTY PROGRAMS OR DATA.

    Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the extent permitted by law. IF YOU ARE A COMPANY DOING BUSINESS IN CALIFORNIA, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE _1542, WHICH SAYS: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

    13. Export Controls
    The Applications and the underlying information and technology may not be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Afghanistan, Cuba, Iraq, Libya, Yugoslavia, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using our Applications, you agreeing to the foregoing and you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list, and that you will otherwise comply with all applicable export control laws.

    14. Notice to Government End Users
    Any Applications, software and documentation hereunder downloaded or otherwise installed for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), is provided with Restricted Rights as "Commercial Items," as that term is defined at 48 C.F.R. _2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. _12.212 or 48 C.F.R. _227.7202, as applicable. Pursuant to Federal Acquisition Regulation 12.212 (48 C.F.R. _ 12.212), the U.S. Government shall have only those rights specified in the license contained herein. The U.S. Government shall not be entitled to (i) technical information that is not customarily provided to the public or to (ii) use, modify, reproduce, release, perform, display, or disclose commercial computer software or commercial computer software documentation except as specified herein. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 C.F.R. 52.227-19, as applicable.

    15. Applicable Law
    My Search provides the services from within the State of New York, although they may be accessed and used throughout the world. By accessing or using our Applications or our services, you agree that the substantive laws of the State of New York shall govern all matters relating to or arising from this Agreement, and the use (or inability to use) any or all of the services or our Applications, and that such laws shall apply without regard to principles of conflict of laws. Subject to the dispute resolution procedures set forth below, you hereby submit to the exclusive jurisdiction and venue of the appropriate State and Federal courts located in Westchester County, New York, with respect to all matters arising out of or relating to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the My Search Service, any Application or the My Search Privacy Policy must be filed within one (1) year after such claim or cause of action arose or be forever barred.

    16. Arbitration
    Any claim or controversy arising out of or related to this Agreement, or the products or services we provide or distribute shall be settled by individual binding arbitration in accordance with the rules of the American Arbitration Association then effective. Any such claim or controversy shall be arbitrated on an individual basis and shall not be consolidated with a claim of any other party. Further, in any such dispute, under no circumstances will you be permitted to obtain awards for, and you hereby waive all rights to claim punitive, incidental or consequential damages, and you further waive all rights to have damages multiplied or increased. This shall not preclude us from seeking any injunctive relief for protection of our Intellectual Property Rights. The arbitration shall take place in Irvington, New York or such other location as the parties may mutually agree. The arbitrator(s) shall issue a reasoned award, and any judgment on the award rendered by the arbitrator(s) may be entered in any court of competent jurisdiction. The arbitrator(s) will each be a natural person who has never been employed (either as an employee or as an independent consultant) by either of the parties, or any parent, subsidiary or affiliate thereof, and will be generally familiar with the business of the parties. The arbitrator(s) may upon request exclude from use in the arbitration proceeding any evidence not made available to the other party pursuant to a proper discovery request. The cost of the arbitration will be borne equally by the parties pending the award. The parties, their representatives, other participants, the arbitrator(s) and the administrator(s) of the arbitration will hold in confidence the existence, content and outcome of the arbitration. The parties understand that: (i) arbitration is final and binding on the parties; (ii) the parties are waiving their right to seek remedies in court, including the right to a jury trial; (iii) pre-arbitration discovery is generally more limited than and different from court procedures; and (iv) any party's right to appeal or to seek modification of rulings by the arbitrators is strictly limited.

    17. Successor Agreements
    The terms of this Agreement may change from time to time. You should check back at the website regularly to determine if any material changes have been made. We will prominently post material changes on the My
    Search website at least 14 days prior to the effective date of the change and will also attempt to provide you with an on-line notice informing you when such material changes have been made to this Agreement, which notice
    shall contain an active link that you can use to view a web page containing or linking to the revised Agreement.

    You agree that your continued use of any Application or our services after the effective date of any change will constitute your affirmative consent to this revised Agreement. If you do not accept such revisions, you must affirmatively indicate to us by e-mail to My SearchSoftwareProducts@help.Mysearch.com <mailto:SearchSoftwareProducts@help.Mysearch.com> that you do not accept the successor Agreement and remove all of our Applications from your computer and cease all access to and use of our services hereunder. Failure to remove our Applications from your computer will be deemed an acceptance of the terms of the most current Agreement.

    18. Order of Precedence
    This Agreement and any accepted successor Agreement governs your use of our Applications and our services as described herein. To the extent that any provision of this Agreement, or any supplemental agreement offered as
    any part of any registration for additional Applications or services, conflicts with any provision of other agreements between you and My Search or any of its related or affiliated entities, the terms of the then-current Agreement, shall, as to the specific subject matter of this Agreement, take precedence over the conflicting term(s) of that other agreement

    19. General
    This Agreement, as modified from time to time as described above, and including the My Search Privacy Policy, Terms of Service and any other policies incorporated by reference, sets forth the entire understanding and agreement between the parties. Without limiting any other remedy available to us, we may suspend or terminate this Agreement and your access to the Applications or our services under this Agreement if we have reason to believe that you have failed to comply with your obligations under this Agreement. Upon termination, cancellation, suspension or expiration of this Agreement for any reason and by either party, you agree to cease all use of the Applications and our services.

    Except as otherwise provided in this Agreement, you shall not thereby be entitled to any refund or credit. No delay or failure to enforce any provision of this Agreement will constitute a waiver of such provision by My Search or acts as estoppel against later enforcement. Subject to the terms of the Order of Precedence set forth above, this Agreement constitutes the entire agreement between you and My Search with respect to the specific subject matter addressed herein, and governs your use of the Applications and our services, superseding any prior agreements between you and My Search or its affiliates or related entities relating to such subject matter, but this Agreement may be supplemented by any other agreement you enter into with My Search or its affiliates or related entities pursuant to a registration to access additional Applications or services. You may not assign any of your rights or delegate any of your obligations under this Agreement without the prior written consent of My Search. You may not assert any claim or cause of action arising out of or relating to your use of our Application or the services more than one year after the date such claim or cause of action arose. My Search shall not be deemed to be in breach of this Agreement due to any delay or failure of performance or interruption in the availability of the Services resulting directly or indirectly from any act of nature or other cause beyond the reasonable control of My Search. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and that the other provisions of this Agreement remain in full force and effect. Sections 2-5, 7-16 and 19 of this Agreement will survive any expiration, cancellation or termination of this Agreement. The section headings used in this Agreement are for convenience only and have no legal or contractual effect.

    Without limiting the foregoing, My Search Software Products and My Search's Services are not intended for use by or availability to persons under the age of 13. IF YOU ARE UNDER 13 YEARS OF AGE, YOU MAY NOT DOWNLOAD, INSTALL OR USE ANY MY SEARCH SOFTWARE PRODUCT OR APPLICATION AND YOU MAY NOT ACCESS THE SERVICES. VERSION: 1.2 EFFECTIVE DATE: December 4, 2002.

    =======================================================
    Web Savings From Ebates™.
    =======================================================
    Please read this Member Agreement (the "Agreement") carefully before enrolling as a member of the Ebates Shopping Discount Program (the "Program") or downloading Web Savings From Ebates™, a product of TopMoxie. This Agreement explains the terms and conditions governing membership in the Program (the "Program Terms and Conditions"), and it is your responsibility to read and understand them. By enrolling as a member in the Program (a "Member"), or by downloading, installing and/or utilizing Web Savings From Ebates™, you agree to be bound by the Program Terms and Conditions. Enrollment is defined as providing Ebates with your valid email address and a password to access your account with full understanding and agreement to the Program Terms and Conditions. Downloading, installing, and/or utilizing Web Savings From Ebates does not confer the status of "Member" of Ebates until the Web Savings From Ebates™ user completes the Enrollment process found at www.ebates.com. By agreeing to Ebates' terms and conditions, you also agree to the terms and conditions of Ebates' Web Savings From Ebates™ software provider TopMoxie. For TopMoxie's complete terms and conditions, please visit http://www.topmoxie.com/eula.htm. Participation in the Program and its benefits are offered at the discretion of Ebates, and Ebates has the right to change the Program Terms and Conditions, in whole or in part, at any time with or without notice.

    Eligibility
    1. You must be an individual, 18 years of age or older, with the full legal authority to agree to the terms of this Agreement.

    2. Members must be human: no machines, scripts, or automated services may be used to accumulate any financial benefits derived from the use of Ebates. You may maintain only one account. Any duplicate accounts will be subject to cancellation.

    3. The Program is only available via access to the Ebates Web site (http://www.ebates.com). You must have Internet access and an email address to be eligible to receive the privileges and benefits of membership. Ebates is not responsible for your inability to connect to the Internet, log into the Ebates Web site, or access your Ebates account.

    4. By agreeing to these terms, you also agree not to 'spam' unknown individuals by sending them unwanted emails to solicit their membership at Ebates. Refusal to abide by this or any other rules may result in Ebates stripping you of referrals and/or canceling your membership.

    Accrual of Discounts
    5. Members will be credited, subject to the terms and conditions enumerated in this Agreement, a percentage of the net purchases made by you at one of the online merchants affiliated with Ebates (an "Affiliated Merchant"). The percentage will be enumerated on the Ebates Web site as it relates to each Affiliated Merchant. The net purchase is defined as the total amount paid to the merchant minus tax, gift wrapping, shipping, promotional credits, returns, cancellations, and transaction fees or as the Affiliated Merchant defines on their respective Web site and as is enumerated in their respective Affiliate Membership and/or Operating Agreement document, whichever is less. All Affiliated Merchant Membership and/or Operating Agreements as they relate to their affiliate or partner programs with Ebates and which reside on the Affiliated Merchant's respective Web sites are hereby incorporated into this Agreement by reference.

    6. As a Member, purchases made through Ebates Affiliated Merchants will be deemed a "Qualified Purchase" and will be subject to earn a discount if and only if all of the following criteria are satisfied: 1) "Cookies", both first and third party (if applicable), must be enabled on your Web browser. 2) All potential Qualified Purchases must begin by clicking on the Affiliated Merchant's link that appears on the Ebates Web site and being successfully connected to the Affiliated Merchant's Web site based upon that click. Individuals who download Web Savings From Ebates may on occasion be excepted from the terms of section 6(2), as their browser will in some instances link directly to the merchant through the correct link. Web Savings From Ebates is only a shopping reminder service provided by Ebates; for reliability of tracking we recommend you start your shopping trip at the Ebates.com website. 3) Ebates may, at all times, route your click to a merchant site through specific links, in order to assure that the sale can be tracked correctly. Any alteration of these links will invalidate your sale, which will not be deemed a Qualified Purchase. All purchases must be started and completed in one shopping session within the Ebates shopping program. If you start a purchase, then complete it in a different session, you will be ineligible for a rebate.

    7. Individuals who download Web Savings From Ebates but are not members of the Ebates web site must enroll as a Members of Ebates within six months from the Qualified Purchase that earned the discount in order to receive payment. During that time, individuals who download Web Savings From Ebates may activate their account and quality for payout at any time, provided said downloader enrolls from the computer where Web Savings From Ebates was installed on and from which the Qualified purchases were made, and provided user does not delete, alter, or block access to the cookie placed on that user’s machine in order to identify the user.

    8. The determination of whether or not a purchase made through an Ebates Affiliated Merchant is a "Qualified Purchase" is at the sole discretion of Ebates. In the event that a Qualified Purchase commission is not paid to Ebates by the relevant Merchant, Ebates is not obligated to pay the associated Discount.

    9. "Account Activation" is completed upon the making of a Qualified Purchase at any Ebates merchant site. In case of return or cancellation, Ebates retains the right to reverse account credit. Completed offers in the More Cash section of the site are not Qualified Purchases, and will not fulfill Account Activation.

    10. Discounts awarded to Members are subject to adjustments for returns, cancellations, and other events. Such adjustments can be applied to Member accounts at any time by Ebates at its sole discretion. Should you disagree with any adjustments made to your account, your sole remedy is to withdraw from the Program.

    11. You may be taxed on your accrual of discounts, depending on the amount of discounts you accrue and the tax laws of federal, state, and local jurisdictions. Ebates may choose to provide you with those notices on occasion. In all instances, you will be solely responsible for any and all tax liability arising out of your accrual or redemption of discounts.

    12. The following purchases are not eligible for accrual or payment of discounts: Dell Computers: any purchase of Dell products and services in which the transaction is substantially completed by telephone or by a Dell salesperson, or in which the purchase is made at a different unit of Dell than clicked through from Ebates (e.g. a user clicks to Dell Home, but then at Dell clicks over to Dell Small Business and makes a purchase at Dell Small Business). Priceline.com: only purchases of airline tickets and hotel reservations qualify for a discount. Prescriptions from all merchants are not eligible as well, due to Federal/State laws and regulations. Monthly Deliveries, such as Wine-of-the-month clubs and Pet foods, are not eligible for a discount unless all months are paid for up front through Ebates. Gift Certificates that are purchased at any of our merchants, with the exception of Spa Wish, are also not eligible for a discount. Referral and affiliate revenues will not include a percentage of monies placed in member discount accounts resulting from a special promotion. Most purchases that are picked up at a warehouse or a store location do not qualify for a cash discount. Other exceptions may exist and change from time to time, and may be messaged at the Ebates web site.

    13. It is your responsibility to check your account regularly to ensure that discounts have been properly credited and that your account balance is accurate. If you do not believe that a discount has been correctly credited to your account you must wait at least 30 days but no more than 90 days after completing a Qualifying Purchase to contact Ebates Customer Care. Furthermore, all discounts earned by Members are subject to review. Necessary adjustments may be applied to Member accounts at any time by Ebates at its sole discretion. If you do not agree to adjustments made to your account, your only recourse will be to terminate your membership in the Program. Ebates reserves the right to terminate any account for abusive or fraudulent activity, or if the Member is no longer reachable at the e-mail address provided.

    14. Ebates is not responsible for changes to, or discontinuance of, any Affiliated Merchant, or any Affiliated Merchant withdrawal from the Program, or for any effect on accrual of discounts caused by such changes, discontinuance, or withdrawal. Ebates is not responsible for changes to, or discontinuance of, any special offer or coupon code at an Affiliated Merchant site. It is the Member's responsibility to make sure that all specials are valid. If you choose to use coupons and specials that are not listed on the Ebates site, we cannot guarantee that you will be eligible to receive an Ebates discount on your purchases.

    Payment Schedule
    15. Money earned through the referral program will be paid along with regular discounts. Continued payments of referral monies will be made at the sole discretion of Ebates. The referral program may be ended, percentages reduced or the program modified in any way, at any point, and without notice, though all accrued referral monies will be paid in full if and when this occurs.

    16. Accrued discounts will be dispersed to Members on or around August 14th, November 15th, February 15th, or May 15th. In order for an accrued discount to be eligible for payment on the above dates, the Qualified Purchase must occur 45 days prior to the payment date (by June 30th for a August 14th payment, September 30th for an November 14th payment, December 31st for a February 15th payment, March 31st for an May 15th payment). Note that orders from Dell Home Systems (Computers), Dell Home Systems Software and Peripherals, and Dell Small Business will post to accounts immediately. However, due to the 45 day return policies of these merchants, discounts will only be paid out 60 days after purchases are posted to members' accounts. Qualified purchases from all other merchants which occur within the 45 day cutoff period will be paid on the payment date subsequent to the next payment date. No Payments to persons who have not Enrolled as Members, but who have downloaded Web Savings From Ebates will be issued. Such users must become Members to receive payment.

    17. It is your responsibility to keep your account information current in order to facilitate the payment of your discounts. In the event that your information is not current at the time of payment, you forfeit all accrued discounts to Ebates.

    Account Access and Password
    18. Upon registration for the Program, you will select a password that will allow you to access your Ebates account (via the Ebates Web site) to verify transfers, check account balances, and modify your account information.

    19. You must be logged into Ebates and enter your password to access your account. You may check your account status and recent earning history at any time you are able to access the Ebates Web site.

    20. Ebates is entitled to act on instructions received under your password. For security purposes, it is recommended that you memorize your password, and do not write it down. You are responsible for keeping your email address, password, account numbers, and other account information confidential. Ebates is not responsible for any credits or debits made to your account by someone else that uses your password.

    Download and/or Install of WebSavings from Ebates Software
    21. In downloading and/or installing the Web Savings From Ebates Software, you are legally and with full authority requesting that Ebates do the following on your behalf:
    1)pop up brief alerts when you can save money by shopping through Ebates or by using the Web Savings From Ebates Software. 2)direct your traffic to the merchant you wish to purchase from. This may be done a)by presenting a choice in a pop up alert asking whether you wish to save by shopping through Ebates, thereby directing your browser through Ebates in order to ensure you earn a reward, or b)by automatically routing you through Ebates and automatically earning you a cash-back discount with no further action on your part being necessary. 3) disable or uninstall any other product or software tool that might interfere with the operability of Web Savings From Ebates Software or otherwise preempt or render inoperative Web Savings From Ebates Software in a manner that might jeopardize the ability of Ebates to earn you cash back discounts or coupon savings offered by Ebates. In installing Web Savings From Ebates Software, you authorize Ebates to disable, uninstall, or delete any application or software that might, in Ebates' opinion nullify its function and put you at risk of loosing the cash-back savings that Web Savings From Ebates Software is designed to earn you. 4)If you would like to utilize another savings tool, you can simply uninstall Web Savings From Ebates Software before installing a competitive application. Web Savings From Ebates Software can be easily uninstalled through the standard 'add or remove programs' control panel, or through Web Savings From Ebates preference settings. If you have any trouble uninstalling the Web Savings From Ebates, please contact customer service by sending an email to customerservice@ebates.com.

    Non-Transferability
    22. No discounts earned or granted under the Program may be assigned or transferred to any third party except as expressly permitted by Ebates in writing. The sale or barter of any such discount, other than by Ebates, is expressly prohibited. Accrued discounts do not constitute property, and are not transferable: (i) upon death; (ii) as part of a domestic relations matter; or (iii) otherwise by operation of law. Any discounts assigned, sold, or otherwise transferred in violation of the Program Rules may be confiscated or canceled. Any violator of the foregoing restriction is subject to account termination, deduction of discounts from his or her account, and/or liability for damages and litigation and transaction costs.

    Disclosure of Account Information
    23. You authorize Ebates to disclose to third parties information you have provided, or information that Ebates has obtained about your Ebates account or shopping behavior: (i) to agents of Ebates or its affiliates, such as independent auditors, consultants or attorneys; (ii) to comply with government agency or court orders or requests; (iii) in providing aggregated and non-personalized marketing services for an advertising or merchant partner, or (iv) where it is necessary for redemption or transfer of your discounts. Further, you authorize Ebates to receive any account information from any Affiliate Merchant including, but not limited to information regarding the Qualified Purchase such as the products ordered, the order number, the time and date the Qualified Purchase occurred, the email address entered for the Qualified Purchase. You agree to hold the Affiliated Merchant harmless for any information disclosed to Ebates. If you choose to download Web Savings From Ebates™, you allow Ebates to collect, use and sell non- personalized marketing information regarding your visits and purchases to internet commerce sites.

    Disclaimer
    24. THE EBATES PROGRAM AND WEB SAVINGS FROM EBATES™ ARE BEING PROVIDED TO MEMBER "AS IS" WITH NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, EBATES DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROGRAM, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.

    25. EBATES DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE QUALITY OF, OR ACCURACY OF ADVERTISEMENTS FOR, ANY MERCHANDISE, PRODUCTS, OR SERVICES OFFERED OR PROVIDED BY AFFILIATED MERCHANTS OR SUPPLIERS IN CONJUNCTION WITH THE PROGRAM. IN ADDITION, ALTHOUGH EBATES INTENDS TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO THE EBATES WEB SITE, EBATES DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS THAT THIS SITE IS FREE OF DESTRUCTIVE MATERIALS. IN ADDITION, EBATES DOES NOT WARRANT THAT ACCESS TO THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND EBATES ASSUMES NO RESPONSIBILITY FOR ANY DAMAGE CAUSED BY YOUR ACCESS, OR INABILITY TO ACCESS, THIS SITE., INCLUDING, BUT NOT LIMITED TO, YOUR INABILITY TO ACCRUE DISCOUNTS BY PURCHASING ITEMS WITH AN AFFILIATED MERCHANT.

    Limitation of Liability
    26. IN NO EVENT WILL ANY OTHER COMPANY WITH WHICH EBATES HAS A CORPORATE PARTNERING RELATIONSHIP, INCLUDING WITHOUT LIMITATION, CO-BRANDING, CO-MARKETING, JOINT DEVELOPMENT, A MERCHANT RELATIONSHIP, OR A SUPPLIER RELATIONSHIP (EACH A "CORPORATE PARTICIPANT") BE LIABLE TO YOU FOR NON-PERFORMANCE OF EBATES OBLIGATIONS. YOU AGREE NOT TO SUE ANY CORPORATE PARTICIPANT FOR NON-PERFORMANCE BY EBATES. IN NO EVENT SHALL EBATES BE LIABLE FOR ANY DAMAGES, CLAIMS OR LOSSES INCURRED (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY ARISING IN CONNECTION WITH: (I) THE PROGRAM; (II) ANY FAILURE, DELAY, OR DECISION BY EBATES IN ADMINISTERING THE PROGRAM; (III) THE USE OR INABILITY TO USE THIS WEB SITE; (IV) THE USE OR INABILITY TO USE WEB SAVINGS FROM EBATES™ SOFTWARE INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST BUSINESS OR LOST OPPORTUNITY, OR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL OR EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LEGAL FEES, ARISING OUT OF SUCH USE OR INABILITY TO USE WEB SAVINGS FROM EBATES™ SOFTWARE, OR (V) THE PURCHASE OR USE OF ANY MERCHANDISE, PRODUCTS, OR SERVICES OF MERCHANTS OR SUPPLIERS, EVEN IF EBATES, OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

    27. MEMBER AGREES TO INDEMNIFY AND HOLD EBATES, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEY'S FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF MEMBER'S USE OF THE PROGRAM, THE VIOLATION OF THESE POLICIES BY MEMBER, OR THE INFRINGEMENT BY MEMBER, OR OTHER USER OF THE PROGRAM USING THE MEMBER'S ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY, OR AS A RESULT OF ANY THREATENING, LIBELOUS, OBSCENE, HARASSING OR OFFENSIVE MATERIAL CONTAINED IN ANY MEMBER COMMUNICATIONS.

    Termination or Changes to the Program
    28. Ebates reserves the right to terminate the Program at any time with notice. This means you will have sixty (60) days from the date notice of Program termination is provided to Members to redeem discounts in your account. Notification of Program termination will be sent to the email address you provide to Ebates during the registration process. Ebates will not be responsible for failing to notify you of Program termination where such failure is caused by any reason outside the control of Ebates, including an error in your email program, an inaccurate email address, your failure to check for your email online, or your failure to inform Ebates of a change in your email address.

    29. Ebates may modify this Agreement from time to time, with or without notice, and your continued participation in the Program after such modification shall be deemed to be your acceptance of any such modification. It is your responsibility to check the Member Agreement page of the Ebates Web site regularly to determine whether this Agreement has been modified. If you do not agree to any modification of this Agreement, you must immediately cease participation in the Program.

    30. Ebates may at its discretion close any and all accounts which remain inactive for six (6) months or longer with or without notice to the user. Any Discounts in closed accounts shall revert to Ebates.

    Termination of Membership
    31. Membership in the Program is subject to the Program Terms and Conditions. Any failure to comply with the Program Terms and Conditions, any fraud or abuse relating to the accrual or redemption of discounts, or any misrepresentation of any information furnished to Ebates or its affiliates by you, or anyone acting on your behalf, may result in the termination of your membership in the Program, cancellation of your Ebates account and/or forfeiture of your accrued discounts.

    Dispute/Errors
    32. All questions or disputes regarding the Program, including without limitation, questions or disputes regarding eligibility for the Program, or the eligibility of discounts for accrual or redemption, must be submitted in writing within 60 days of the qualifying transaction, to Ebates at: Customer Service, Ebates Inc., 5 Thomas Mellon Circle, Suite 225, San Francisco, CA 94134, or email us at customerservice@ebates.com. Any such disputes shall be resolved by Ebates at its sole discretion. All interpretations of Program Terms and Conditions shall be at the sole discretion of Ebates. In the event that an error is made by Ebates, your sole remedy shall be the credit of the disputed discount to your Ebates account.

    Miscellaneous
    33. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without reference to conflicts of law rules. As a condition of the use of the Ebates website and service, you (the Member) agree to submit to the personal and exclusive jurisdiction of the courts located within the county of San Francisco, California and therefore agree to file any grievance or suit of any kind exclusively in the courts located within the county of San Francisco. If any provision of this Agreement is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the other provisions contained herein will remain in full force and effect. Ebates' failure to insist upon or enforce strict performance of any provision of the Agreement shall not be construed as a waiver of any provision or right. Nothing in this Agreement shall be construed as creating or constituting a partnership, joint venture or agency relationship between Ebates and the Affiliated Merchants or between Ebates and any other of its Corporate Partners. Neither the Affiliated Merchants nor any Corporate Partner shall have the ability to create any obligation on Ebates' behalf. This Agreement constitutes the entire agreement between you and Ebates with respect to the Program.<HR></BLOCKQUOTE>

    <font size="2" face="Verdana">Haiko


    The secret of success is constancy of purpose. ~ Disraeli
    </font></p>

  3. #3
    ABW Ambassador
    Join Date
    January 18th, 2005
    Location
    Winterpeg, the Mosquito Capital of Canada
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    2,299
    I couldnt find the time to read the whole post here.
    Certainly would never read the whole thing if I was downloading something and I doubt 9 out of 10 people would look at a page and a half of legaleze crap either.
    Just another trick they use to get the download done.

    ...............
    WW

    Make a difference! Support your local Cancer Care providers.

  4. #4
    ABW Founder Haiko de Poel, Jr.'s Avatar
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    January 18th, 2005
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    Install process

  5. #5
    ABW Founder Haiko de Poel, Jr.'s Avatar
    Join Date
    January 18th, 2005
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    21,609
    Clicked on "Shop" tab in application and got ...

  6. #6
    ABW Ambassador
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    January 18th, 2005
    Location
    Nunya, Business
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    23,684
    Time to push Napster.
    Haiko, there isn't a link is there about this? just in email?

    [This message was edited by TrustNo1® on November 19, 2003 at 05:11 PM.]

  7. #7
    ABW Founder Haiko de Poel, Jr.'s Avatar
    Join Date
    January 18th, 2005
    Location
    New York
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    21,609
    The [above] email went to all buyersport customers.

    <font size="2" face="Verdana">Haiko


    The secret of success is constancy of purpose. ~ Disraeli
    </font></p>

  8. #8
    ABW Ambassador
    Join Date
    January 18th, 2005
    Location
    Nunya, Business
    Posts
    23,684
    Haiko what is your personal opinion on Napster. This is the way i see it:

    Napster
    Get paid when people subscribe.
    Legal.
    Endorsed and pushed by music industry.
    No adware, no shopping application.

    Others
    People who download music using some other music services are getting sued by music industry.
    Has adware bundled with it.

    Should get a Napster AM or rep in here and explain it so affiliates can see Napster as a friend to affiliates and stop some misinformation being spread around here.

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