End User Terms and Conditions and Toolbar Terms of Use

Note: All Provider users are bound by these terms of service.

Herdzone.net ("Provider", "We", "Us") agrees to provide you ("User", "You") with those services ("Service") set forth on the Application subject to User's compliance with the terms and conditions below.

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING THE SERVICE. BY ACCESSING THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SERVICE. PROVIDER RESERVES THE RIGHT TO MAKE CHANGES TO THIS AGREEMENT AT ANY TIME. CONTINUED USE OF PROVIDER'S SERVICES INDICATES ACCEPTANCE OF THE CHANGES BY USER.

Warranty Disclaimer

THE FOREGOING WARRANTIES SET FORTH ARE EXCLUSIVE AND NO OTHER WARRANTY IS EXPRESSED OR IMPLIED.

Provider reserves the right to refuse service to anyone at anytime for any reason.

Provider exercises no control whatsoever over the content of the information passing through Provider's system. Use of any information obtained via Provider is at User's risk. Neither Provider nor any of its affiliates, its licensers, contractors, resellers, distributors or licensees, or their respective employees, warrants that the Service will be uninterrupted or error free; nor does Provider make any warranty as to the results from use of the Service.

The user understands and agrees that the Service may include advertisements and that these advertisements are necessary for the Provider to provide the Service. You also understand and agree that the Service may include certain communications from the Provider such as service announcements, administrative messages and newsletters, and that these communications are considered part of the Service membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new properties, shall be subject to the User Terms of Service.

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION GIVEN BY PROVIDER OR ITS AFFILIATES, LICENSERS, CONTRACTORS, RESELLERS, DISTRIBUTORS, OR LICENSEES, OR THEIR RESPECTIVE OFFICERS OR EMPLOYEES SHALL CREATE A WARRANTY. NEITHER PROVIDER NOR ITS AFFILIATES, LICENSERS, CONTRACTORS, RESELLERS, DISTRIBUTORS OR LICENSEES, OR THEIR RESPECTIVE OFFICERS OR EMPLOYEES, WARRANTS THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE ON THE SERVICE IS FREE OF VIRUSES, CANCELBOTS, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VSI OR THROUGH OR FROM THE SERVICE SHALLL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.

Legal Disclaimers

Herdzone.net WebPack accelerates certain web page text and graphics when compared to standard dial-up Internet service. Actual results may vary. Some web pages such as secure or encrypted web pages will not be accelerated. Herdzone.net WebPack is not a broadband service and actual data transmission rates are not faster than standard dial-up Internet service. Transmission of files including, without limitation, streaming audio or video, digital photographs, MP3 or other music files, executable files and other downloads, is not faster using Herdzone.net WebPack than with standard dial-up service. Herdzone.net WebPack may not be compatible with proxy based software or services such as content filters or firewalls.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL PROVIDER OR ITS AFFILIATES, LICENSERS, CONTRACTORS, RESELLERS, DISTRIBUTORS OR LICENSEES, OR THEIR RESPECTIVE OFFICERS OR EMPLOYEES, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM USER'S USE OF OR INABILITY TO USE THE SERVICE OR TO ACCESS THE INTERNET OR ANY PART THEREOF, OR USER'S RELIANCE ON OR USE OF INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON OR THROUGH THE SERVICE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, ANY FAILURE OF PERFORMANCE, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO ALTERATION OF OR USE OF USER'S ACCOUNT, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION. IN THE EVENT PROVIDER IS FOUND LIABLE UNDER ANY CIRCUMSTANCE UNDER THE TERMS OF THIS AGREEMENT, PROVIDER'S LIABILITY SHALL BE LIMITED TO THE UNUSED BALANCE OF USER'S SUBSCRIPTION PAYMENT PRO-RATED TO REFLECT THE CURRENT TERM. THE PROVIDER AND ITS SUPPLIERS DO NOT WARRANT OR GUARANTEE THE ACCURACY OR TIMELINESS OF ANY INFORMATION AVAILABLE THROUGH THE SERIVCE, INCLUDING BUT NOT LIMITED TO INFORMATION PERTAINING TO STOCKS, TRADING OR INVESTMENT. THE PROVIDER SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY TRADING OR INVESTMENT DECISIONS MADE BASED ON SUCH INFORMATION.

If User is dissatisfied with the Service or with any terms, conditions, rules, policies, guidelines or practices of Provider in operating the Service, User's sole and exclusive remedy is to discontinue using the Service.

Herdzone.net does not endorse any products or services.

Indemnification

Notwithstanding anything to the contrary herein contained, User agrees to indemnify and hold Provider and its affiliates, licensers, contractors, resellers, distributors or licensees, or their respective officers or employees, harmless against any and all liability, loss, claim, judgment, damage and expense including without limitation attorney's fees and cost of litigation) incurred or suffered by Provider, its licensers, its affiliates, its contractors, or their respective employees as the result of any and all use of User's account whether authorized or not authorized or as a result of the negligence, willful misconduct, or breach of any of the terms of this Agreement by User, including but not limited to claims, liabilities, losses, damage, judgment and expense which arise out of alleged injury or death of any person or damage to property of every kind and description. User shall promptly notify Provider in writing of any claim of which it is obligated under this indemnity. User shall have the right to assume the defense of any such claim. User and Provider shall confer as to and agree on the legal counsel(s) to be selected in any such defense.

Age Limit

User represents to Provider that he or she is 18 years of age or older. User understands that certain materials available from Service provided under the terms of this Agreement may not be suitable for individuals under the age of 18. User also agrees to: (a) provide true accurate, current and complete information about yourself as prompted by the Provider’s registration form and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, the Provider has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof.)

Third Party Sites

This site may produce automated search results or otherwise link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of Herdzone.net and you acknowledge that Herdzone.net is not responsible for the accuracy, copyright compliance, legality, decency or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by Herdzone.net or any association with its operators. You further acknowledge and agree that the Provider shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

Sexually Explicit Materials

User understands that the Internet contains unedited materials, some of which are sexually explicit or may be offensive. User accesses such materials at his or her own risk. Provider has no control over and accepts no responsibility whatsoever for such materials.

Prohibited Uses

User may not: restrict or inhibit any other user from using and enjoying the Internet; post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law, including without limitation the U.S. export control laws and regulations; ‘stalk’ or harass another; provide material support or resources (or to conceal or disguise the nature, location, source or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act; post on webspace provided any sexually explicit materials or materials that may be offensive. Post or transmit any information or software which contains a virus, cancelbot, trojan horse, worm or other harmful component; collect or store any personal information about other users; post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Service for commercial purposes (other than as expressly permitted by the provider of such information, software or other material); upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Service which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or rightholder; upload, post, publish, transmit, reproduce, transmit or distribute in any way any component of the Service itself or derivative works with respect thereto; send unsolicited advertising or promotional materials to other network users (See section titled "MESSAGING"); allow users to run Maillist, Listserv or any form of auto-responds from User's account; run or activate processes while User is not logged in; violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that deemed threatening or obscene, or engage in any kind or illegal activity; attempt to defeat any idle timer or system tool intended to enforce the part-time and personal nature of User's connection, including the use of pingbots and other methods of avoiding timing disconnection (See section titled "LIMITATIONS OF DIAL-UP SERVICES"); or violate any of the rules, regulations and policies of those networks and computer systems accessed via User's account. Provider has no obligation to monitor the Service. However, User agrees that Provider has the right to monitor the Service electronically from time to time and to disclose any information as may be necessary to satisfy any law, regulation or other governmental request, to operate the Service properly, or to protect itself or its subscribers. Provider will not intentionally monitor or disclose any private e-mail message unless required by law. Provider reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole and absolute discretion, are unacceptable, undesirable, or in violation of this Agreement. Provider reserves the right to suspend access to the Service for User's account. The account's suspension may be rescinded within the sole and absolute discretion of Provider following payment of a reconnection charge, to be determined by Provider in its sole and absolute discretion.

Messaging

User agrees to limit their use of the Provider service, specifically regarding the use of Provider's electronic (e-mail) services, to the following restrictions:

Unauthorized Use of Relay Servers

User agrees that any unauthorized use of any e-mail server located throughout the Internet for the purposes of relaying or distributing messages is prohibited.

Fraudulent Addressing

User agrees that the purposeful distribution of any e-mail message where the return address, originator's address, or any other identifiable aspect of the message has been purposefully altered is prohibited. User may not purposefully misrepresent the origination information of any e-mail messages sent while using the Provider service.

Fraudulent Content

User agrees to be held responsible for the distribution of fraudulent materials.

VIOLATION OF ANY OF THESE TERMS WILL RESULT IN IMMEDIATE TERMINATION OF SERVICES. FURTHERMORE, VIOLATION OF ANY OF THESE TERMS, RELATING TO THE TERMS DESCRIBED WITHIN THIS "MESSAGING" SECTION OF THIS DOCUMENT, WILL RESULT IN THE IMMEDIATE PENALTY OF $200. PROVIDER RESERVES THE RIGHT TO CHARGE USER'S CREDIT CARD, IF ON FILE FOR USE IN PAYMENT OF PROVIDER SERVICES, A ONE-TIME FEE OF $200 PER VIOLATION OF THESE TERMS. IN THE EVENT USER PRE-PAYS FOR THEIR PROVIDER SERVICE VIA CASH, CHECK, OR MEANS OTHER THAN CREDIT CARD, PROVIDER RESERVES THE RIGHT TO INVOICE AND HOLD USER RESPONSIBLE FOR THE ONE-TIME FEE OF $200 PER VIOLATION OF THESE TERMS. USER ALSO AGREES TO THE IMMEDIATE TERMINATION OF PROVIDER SERVICES FOR VIOLATION OF ANY OF THESE TERMS.

Restricted Content

You agree not to post any of the following restricted contents: Illegal, Abusive or Unethical Activities include, but are not limited to, pornography, obscenity, nudity, content for which you are not the copyright holder or for which you do not have the rights holder's permission, violations of privacy, hacking, computer virus, gambling, or promotion of gambling, and any harassing or harmful materials or uses, as determined by the Service. You agree to indemnify and hold the Service harmless from any claim resulting from your publications or use of Illegal, Abusive or Unethical materials or any other unauthorized materials.

Content Submission

Submission of any content by User for use with any of Provider's services shall grant us a perpetual, worldwide, non-exclusive, royalty-free right and license to use, reproduce, display, perform, adapt, modify, distribute, have distributed and promote such content in any form, in all media now known or hereinafter created, anywhere in the world, and for any purpose. Provider has no obligation to post any content that you or anyone else submits. In addition, we may, in our sole and unfettered discretion, edit, remove or delete any content that you post or submit.

General Practices Regarding Use and Storage

You acknowledge that the Provider may establish general practices and limits concerning use of the Service, including without limitation to the maximum number of days that e-mail messages will be retained by the Service, the maximum number of e-mail messages that may be sent from or received by an account on the Service, the maximum file size of any e-mail message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on the Provider’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that the Provider has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by the Service. You acknowledge that the Provider reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that the Provider reserves the right to modify these general practices and limits from time to time with or without notice.

Limitation of Dial-Up Services

Although Provider advertises "Unlimited Access" in regards to some of its Dial-Up services, there are several limitations applied. The sole purpose of these limitations are intended to limit the amount of unnecessary use of Provider services by any such User, which restricts overall Provider system availability for other such Users. These limitations apply only to Dial-Up access services offered by Provider. Using a personal account for high volume or commercial use is prohibited. The Dial-Up services are intended for periodic, active use of e-mail, newsgroups, file transfers, Internet chat, games, and browsing the World Wide Web. Members may stay connected so long as they are actively using that connection for the above purposes.

Members may not use the Dial-Up services on a standby or inactive basis in order to maintain a connection. Pinging is expressly prohibited. Accordingly, Provider maintains the right to terminate any member's connection following any extended period of inactivity as determined by Provider.

Call Charges

Provider is not responsible for call charges associated with your use of our service. Please verify the location of the POP you have selected in relation your dialing area. City names and area codes are not necessarily complete indicators of the locality (toll free access) of a POP to your calling area. In some countries, local calls are metered for certain locations. For additional assistance on determining these charges, please contact your local telephone company for applicable tariffs.

Idle Timeout

You understand and acknowledge that the Service is intended for your periodic and legitimate active use. As a consumer oriented dial-up service it is not intended, nor is it designed, to provide an "always on" or "always connected" capability. In order to make the Service available fairly to all our members we reserve the right to terminate members' sessions after an extended period of time, and we may establish a minimum "idle time" at our discretion in order to remain connected to the Service, e.g., you must click at least once every 10 minutes. You agree that we may change the minimum idle time without advance notice to you. You may not take action for the purpose of defeating our "idle timeouts" or similar mechanisms. In the event your session has been terminated for any reason, you may immediately dial back in to reconnect. User agrees to have their online session automatically terminated after ten (10) minutes of consecutive inactivity. Inactivity is defined as less than 500 bytes of data transferred between User's modem and the Provider service.

Maximum Single Session

User agrees to have an online session automatically terminated after five (5) hours of consecutive time, regardless of data transferred during such specific online session.

Minimum Re-Connect Limit

User understands they cannot log back onto the Provider system for a time period of one (1) minute following the termination of their previous online session, regardless of the reason for the previous session's termination.

Usage Standards

You understand and acknowledge that the Service is intended for your residential consumer and not commercial use. In order to make service available fairly to all our members we reserve the right to suspend usage for the duration of the pay period if you exceed our usage standards. Usage standards are defined as less than an average of 8 hours a day for an 8 day period. If your account exceeds these usage standards it will be suspended for the duration of your current pay period and be reactivated upon the next regular successful rebilling.

Multiple, Concurrent Online Sessions

User agrees to maintain no more than one (1) concurrent online session for each PPP/ISDN account purchased. User agrees that Provider will charge a $1.00 fee for each concurrent online session and user further agrees that Provider has the right to terminate users account for repeated violations of this limit.

International Roaming Access Restrictions

User agrees that all dial-up phone numbers outside the United States and its territories and Canada are subject to an hourly fee of $4.00 per hour.

Toll Free Access Restrictions

User agrees that all toll-free dial-up phone numbers are subject to an hourly fee of $5.00 per hour.

Terms of Payment

A credit card User agrees to allow Provider to bill his or her card on each successive billing date without obtaining User's permission after the initial charge. A credit card User shall notify Provider of any changes in credit card number or expiration date. If the card is not honored for any reason, Provider will attempt to notify the cardholder by using the telephone information given at sign-up or by e-mail. Provider will call the cardholder, and if alternative billing has not been established, the account will be terminated. Restoring the account may be subject to a setup fee of $10.00.

If payment is by Electronic Fund Transfer, User agrees to allow Provider to process the Electronic Funds Transfer three days prior to each successive billing date without obtaining User's permission after the initial process. Electronic Funds returned for insufficient funds or any other reason are subject to a collection fee to be determined by Provider in its sole and absolute discretion and User's account may be suspended until the account is current. If payment is not received, service will be terminated and a setup fee of $10.00 may be added to charges for additional Service.

Provider maintains the right to terminate Service for any unpaid subscriptions. Accounts in default are subject to an interest charge of 2.5% per month on the outstanding balance. Termination of Service shall not relieve User from the obligation to satisfy outstanding invoices. In the event Provider utilizes an attorney to collect any unpaid amounts, User shall be responsible for the payment of all of Provider's attorneys' fees and costs in the collection of these sums.

Provider reserves the right to change prices at any time without prior notice to its customers or the public. Price changes will not be retroactive for existing customers, regardless of the length of their existing service subscription.

Right to Cancel

Provider reserves the right to cancel Service for any reason without prior notice. Pre-paid service is non-refundable. Provider will not refund any shipping or handling fees. Cancellations are defined as a cancellation of the automatic renewal of the account and are not a termination of any prepaid period.

User must notify Provider via telephone or in writing to cancel Service. Cancellations shall not be honored by electronic mail. Fees for any setup, shipping and handling, and monthly or annual service charges placed by Provider are non-refundable.

Provider may, at its sole discretion, allow for a pro-rated refund of unused annual service fees after the collection of a cancellation fee.

Termination

You acknowledge that the Provider may, under certain circumstances and without prior notice, immediately terminate your account, any associated e-mail address, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms of Service or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, and (f) extended periods of inactivity. Termination of your account includes (a) removal of access to all offerings within the Service, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof) and (c) barring further use of the Service. Further, you also agree that all terminations for cause shall be made at the Provider’s sole discretion and that the Provider shall not be liable to you or any third-party for any termination of your account, any associated e-mail address or access to the Service.

No Confidentiality

Information transmitted through Provider and through the Internet in general is not confidential. Provider cannot and shall not guarantee privacy or protection of any User. Provider reserves the right to monitor any User's transmissions when deemed necessary for providing proper service and/or to protect the rights and property of Provider.

Customer Information

Unless required by court order, subpoena or other legal request, or upon the advice of counsel, Provider may publish User's name and other consumer information in one or more directories that may be accessed by other Internet users. In addition, unless User notifies Provider to the contrary as provided above, Provider may make such information available to third parties from time to time. User understands further that merchants on the Internet may have access to such information and may make it available to third parties in accordance with their normal practices unless User notifies those merchants directly that User does not wish such information to be made available.

Non-transferable

The right to use the Service is not transferable. Accounts are for User's use only. User shall be responsible for the confidentiality of User's password. Loaning User's account to others, connecting a system used by multiple persons, group use of user log-ins, and consuming more than one modem line are explicitly prohibited. If User has multiple accounts, then User shall be limited to one log-in session per system account at any time. Violation of those terms shall constitute theft of Service and may be prosecuted under civil and criminal law.

Purchases on the Service

If User wishes to make purchases on the Service, User may be asked by the merchant or information or service provider from whom User is making the purchase to supply certain information, including credit card or other payment mechanism information. User agrees that all information User may provide any merchant or information or service provider on the Service for purposes of making purchases shall be accurate, complete and current. The merchants and information and service providers offering merchandise, information and services on the Service set their own prices and may change prices or institute new prices at any time. User agrees to pay all charges incurred by users of User's account and credit card or other payment mechanism at the prices in effect when such charges are incurred. User shall also be responsible for paying any applicable taxes relating to purchases on the Service.

No System Backup

Provider does not and will not perform system backups on any User's e-mail account(s). Provider shall not be held responsible for any lost e-mail data, e-mail attachments, or any e-mail message contents, regardless of the reasoning for data loss or system causes. Except as otherwise set forth herein, Provider will not provide historical data, to any party for any reason, regarding any system or Internet activity.

Provider does not and will not perform system backups on any web sites. Provider shall not be held responsible for any lost web data, web files, or any website contents, regardless of the reasoning for data loss or system causes. Except as otherwise set forth herein, Provider will not provide historical data, to any party for any reason, regarding any system or Internet activity.

Failure to Comply with Terms and Conditions

Provider may deny User access to all or part of the Service without notice if User engages in any conduct or activities that Provider in its sole discretion believes violates any of the terms and conditions in this Agreement. If Provider denies User access to the Service because of such a violation, User shall not have right (1) to access through Provider any materials stored on the Internet, (2) to obtain any credit(s) otherwise due to User, and such credit(s) shall be forfeited, (3) to access third party services, merchandise or information on the Internet through Provider, and Provider shall have no responsibility to notify any third-party providers of services, merchandise or information nor any responsibility for any consequences resulting from lack of notification.

Miscellaneous

User agrees to remain signed into the network only when actually making use of same, and to disconnect when idle for significant periods of time (more than 10 minutes). User also agrees to not remain connected to Provider's system for periods exceeding (5) five hours, in any single continuous session. User authorizes Provider to enforce these restrictions by appropriate software and network measures, automated and manual.

User agrees to notify Provider if User moves or otherwise changes his or her mailing address or phone number, and to list a truthful name, postal address and telephone number on the forms User supplies to Provider.

Third Party Software

As part of its service offerings, Provider may require the User to install and use software provided by a Third Party. In such cases, there may be a separate licensing or terms of service agreement required between User and the Third Party.

In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect.

Provider's failure to insist upon or enforce strict performance of any provisions of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement.

Provider may modify this Agreement from time to time by placing a notice of such modification on our website, and User's continued use of the Service following notice of such modification shall be deemed to be User's acceptance of any such modification. It is User's responsibility to check this online area regularly to determine whether this Agreement has been modified. If User does not agree to any modification of this Agreement, User must immediately stop using the Service.

This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to its conflicts of law provisions. Any cause of action User may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.

Provider shall not be liable or deemed to be in default for any delay or failure in performance under this Agreement or interruption of service resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, riots, civil disturbances, insurrections, accidents, dire, explosions, earthquakes, floods, the elements, strikes, labor disputes, shortages of suitable parts, materials, labor or transportation or any cause beyond the reasonable control of Provider.

Venue for litigation of any dispute, controversy, or claim arising out of, in connection with, or in relation to this Agreement, or the breach thereof, naming Provider as the defendant, shall be proper only in a venue determined by Provider.

In any action between Provider and User to enforce any of the terms of this Agreement, Provider shall be entitled to recover expenses, including reasonable attorney's fees.

This Agreement constitutes the entire agreement between User and Provider with respect to the Service.

For questions regarding these terms and conditions please e-mail TechSupport@Herdzone.com.

Toolbar End User Terms of Use

Thank you for using the Herdzone.net Toolbar for Microsoft Internet Explorer! By using this Toolbar, ("Herdzone.net Toolbar") you agree to be bound by the following terms and conditions (the "Terms and Conditions").

Personal Use Only. Herdzone.net Toolbar is made available to you for your personal, non-commercial use only (at home or at work). You may not modify, copy, publish, license, create derivative works from or sell any information or software associated with Herdzone.net Toolbar, without first obtaining written permission from Herdzone.net by contacting TechSupport@Herdzone.com. Furthermore, you may not use Herdzone.net Toolbar in any manner that could disable, impair, damage, or overburden Herdzone.net's Internet services (e.g., you may not use the Herdzone.net Toolbar in an automated manner), nor may you use Herdzone.net Toolbar in any manner that could interfere with any other party's use and enjoyment of Herdzone.net's Internet services.

Third Party Sites. Herdzone.net Toolbar may produce automated search results or otherwise link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of the Herdzone.net Toolbar and you acknowledge that Herdzone.net is not responsible for the accuracy, copyright compliance, legality, decency or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by Herdzone.net or any association with its operators.

If you have comments on Herdzone.net Toolbar or ideas on how to improve it, please e-mail TechSupport@Herdzone.com. Please note that by doing so, you also grant Herdzone.net and third parties permission to use and incorporate your ideas or comments into Herdzone.net Toolbar (or third party software) without further compensation.

Intellectual Property. You acknowledge that Herdzone.net or third parties own all right, title and interest in and to the Herdzone.net Toolbar, portions thereof, or software provided through or in conjunction with the Herdzone.net Toolbar, including without limitation all Intellectual Property Rights. "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You agree not to modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from Herdzone.net Toolbar. You also agree to not remove, obscure, or alter Herdzone.net's or any third party's copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Herdzone.net Toolbar.

Disclaimer of Warranties. Herdzone.net and any third party who make its software available in conjunction with or through the Herdzone.net Toolbar disclaim any responsibility for any harm resulting from your use of the Herdzone.net Toolbar and/or any third party software accessed in conjunction with or through the Herdzone.net Toolbar.

THE Herdzone.net Toolbar AND ANY THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE Herdzone.net Toolbar ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. Herdzone.net AND SUCH THIRD PARTIES EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. Herdzone.net AND ANY THIRD PARTY WHO MAKES ITS SOFTWARE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE Herdzone.net Toolbar DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF Herdzone.net Toolbar AND SUCH THIRD PARTY SOFTWARE.

YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD AND/OR USE THE Herdzone.net Toolbar AND ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE Herdzone.net Toolbar AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF Herdzone.net Toolbar AND SUCH THIRD PARTY SOFTWARE.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL Herdzone.net OR ANY THIRD PARTY WHO MAKES ITS SOFTWARE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE Herdzone.net Toolbar BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF Herdzone.net Toolbar OR SUCH THIRD PARTY SOFTWARE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF Herdzone.net AND/OR A THIRD PARTY SOFTWARE PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE Herdzone.net Toolbar AND ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE Herdzone.net Toolbar, FROM INABILITY TO USE Herdzone.net Toolbar AND ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE Herdzone.net Toolbar, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF Herdzone.net Toolbar AND ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE Herdzone.net Toolbar (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Herdzone.net's Internet Service. Herdzone.net Toolbar has been designed to be used in conjunction with Herdzone.net's Internet services. Accordingly, Herdzone.net’s Terms of Service and Privacy Policy also define your use of Herdzone.net Toolbar.

Parental Controls. By using Herdzone.net Parental Controls (“the Service”), you agree to the current terms and conditions for the Service. Herdzone.net may change the terms at any time, including discontinuing the Service. Any use of the Service by any person under the age of eighteen is to be used only under the direct supervision of an adult Herdzone.net customer. It is always a good idea for parents to directly monitor all Internet activity of children at all times.

Herdzone.net does not make any guarantees that:

All inappropriate content will be blocked, filtered or removed
Your child will be absolutely safe from inappropriate content
Your child will not engage in inappropriate behavior
Your child will not release personal information about themselves or others
Anyone will be able to circumvent the safety features of this product
Anyone will not be able to contact your child by various means
The Service may not block, review or filter e-mail attachments, video clips, streaming media, photographs, graphics, images, computer programs, games or any audio files not specifically included on his lists of blocked sites and/or applications. Items in foreign languages are not reviewed, blocked or filtered.

Miscellaneous Provisions. These Terms and Conditions will be governed by and construed in accordance with the laws of the State of California, without giving effect to the conflict of laws provisions of California or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms and Conditions to be unenforceable, the remainder of these Terms and Conditions will continue in full force and effect.

These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms and Conditions will be effective only if in writing and signed by Herdzone.net and/or a third party who make its software available in conjunction with or through the Herdzone.net Toolbar.

©2005 Herdzone.net

2006