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Terms of Service

Last Modified: January 15, 2008

1. Acceptance of Terms

Renesys Corporation ("Renesys") welcomes you to the Babbledog services and websites (collectively referred to in these Terms of Service as "Babbledog"). Renesys provides Babbledog to you subject to these Terms of Service, which may be updated by us from time to time without notice to you. You can review the most current version of these Terms of Service at any time at: http://babbledog.com/help/tos/. In addition, when using Babbledog, you and Renesys will be subject to any posted guidelines or rules applicable to such services and websites, which may be posted from time to time. All such guidelines or rules, including without limitation the Babbledog Privacy Policy, are hereby incorporated by reference into these Terms of Service. Renesys may also offer other services that are governed by different terms of service.

2. Description of Service

Babbledog's real-time online user community provides you with useful, individualized recommendations for live discussion forums and associated websites, based on your browsing preferences and the discussions in which you participate. Babbledog may include advertisements. These advertisements may be necessary for Renesys to provide Babbledog. Babbledog may also include certain communications from Renesys, such as service announcements and administrative messages. These communications are considered part of Babbledog 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 version of Babbledog will be subject to these Terms of Service. You understand and agree that Babbledog is provided "AS IS" and that Renesys assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to Babbledog, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access Babbledog.

Babbledog is not designed for persons under 13 years of age and such persons are prohibited from using Babbledog. In addition, Babbledog may contain adult or mature content. You must be at least 18 years of age to access and view such content.

3. Your Registration Obligations

In consideration of your use of Babbledog, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by Babbledog's registration form (the "Registration Data") 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, or Renesys has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Renesys has the right to suspend or terminate your account and refuse any and all current or future use of Babbledog (or any portion thereof). Renesys is concerned about the safety and privacy of all its users, particularly children. For this reason, persons under 13 years of age are prohibited from using Babbledog, and persons aged 13 through 17 must get the permission of their parent(s) or legal guardian(s) before accessing, registering for, or participating in Babbledog. Please remember that Babbledog is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of Babbledog areas and/or Content (as defined in Section 6 below) are appropriate for your child.

4. Renesys Privacy Policy

Registration Data and certain other information about you is subject to the Babbledog Privacy Policy. For more information, see the full Babbledog Privacy Policy. You understand that through your use of Babbledog you consent to the collection and use (as set forth in the Babbledog Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by Renesys and its affiliates.

5. Member Account, Password and Security

You will receive a password and account designation upon completing Babbledog's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Renesys of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Renesys cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.

6. Member Conduct

You understand that all information, text, software, data, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Renesys, are entirely responsible for all Content that you transmit, post, or otherwise make available via Babbledog. Renesys does not control the Content made available via Babbledog and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using Babbledog, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Renesys be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via Babbledog.

You agree to not use Babbledog to:

1. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
2. harm minors in any way;
3. impersonate any person or entity, including, but not limited to, a Renesys official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through Babbledog;
5. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
6. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
7. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose;
8. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
9. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of Babbledog are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
10. interfere with or disrupt Babbledog or servers or networks connected to Babbledog, or disobey any requirements, procedures, policies or regulations of networks connected to Babbledog;
11. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
12. provide material support or resources (or 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;
13. "stalk" or otherwise harass another; and/or
14. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through m above.

You acknowledge that Renesys may or may not pre-screen Content, but that Renesys and its designees will have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via Babbledog. Without limiting the foregoing, Renesys and its designees will have the right to remove any Content that violates these Terms of Service or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Renesys or submitted to Renesys, including without limitation information in Renesys Message Boards and in all other parts of Babbledog.

You acknowledge, consent and agree that Renesys may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Service; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Renesys, its users and the public.

You understand that the technical processing and transmission of Babbledog, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You understand that Babbledog and software embodied within Babbledog may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Renesys and/or content providers who provide content to Babbledog. You may not attempt to override or circumvent any of the usage rules embedded into Babbledog. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on Babbledog, in whole or in part, is strictly prohibited.

7. Interstate Nature of Communications on Renesys Network

When you register with Renesys, you acknowledge that in using Renesys services to send electronic communications, you will be causing communications to be sent through Renesys' computer networks, portions of which are located in New Hampshire and other locations in the United States and portions of which are located abroad. As a result, and also as a result of Renesys' network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this Terms of Service, you acknowledge that use of the service results in interstate data transmissions.

8. Special Admonitions for International Use

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

9. Content Submitted or Made Available for Inclusion on Babbledog

Renesys does not claim ownership of Content you submit or make available for inclusion on Babbledog. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of Babbledog, you grant Renesys the worldwide, royalty-free and non-exclusive license to use, distribute, reproduce, modify, adapt, translate, publicly perform, publicly display or sublicense any such user content on the services now in existence or hereinafter developed or on any media or for any purpose. You agree that the foregoing grant of rights by you to the services is provided without any entitlement of payment of fees or consideration.

10. Contributions to Renesys

By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to Renesys through its suggestion or feedback web pages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Renesys is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Renesys will be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Renesys may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of Renesys without any obligation of Renesys to you; and (f) you are not entitled to any compensation or reimbursement of any kind from Renesys under any circumstances.

11. Indemnity

You agree to indemnify and hold Renesys and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through Babbledog, your use of Babbledog, your connection to Babbledog, your violation of these Terms of Service, or your violation of any rights of another.

12. No Resale of Service

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of Babbledog (including your Renesys ID), use of Babbledog, or access to Babbledog.

13. Modifications To Babbledog

Renesys reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, Babbledog (or any part thereof) with or without notice. You agree that Renesys will not be liable to you or to any third party for any modification, suspension or discontinuance of Babbledog.

14. Termination

You agree that Renesys may, under certain circumstances and without prior notice, immediately terminate your Babbledog account, any associated email address, and access to Babbledog. Cause for such termination will include, but not be limited to, (a) breaches or violations of these 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 Babbledog (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with Babbledog. Termination of your Babbledog account includes (a) removal of access to all offerings within Babbledog, (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 of further use of Babbledog. Further, you agree that all terminations for cause will be made in Renesys' sole discretion and that Renesys will not be liable to you or any third party for any termination of your account, any associated email address, or access to Babbledog.

15. Dealings with Advertisers

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through Babbledog, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Renesys will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on Babbledog.

16. Links

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Renesys has no control over such sites and resources, you acknowledge and agree that Renesys is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Renesys will 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.

17. Renesys' Proprietary Rights

You acknowledge and agree that Babbledog and any necessary software used in connection with Babbledog ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through Babbledog or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Renesys or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on Babbledog or the Software, in whole or in part.

18. Disclaimer Of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF BABBLEDOG IS AT YOUR SOLE RISK. BABBLEDOG IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. RENESYS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

RENESYS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) BABBLEDOG WILL MEET YOUR REQUIREMENTS; (ii) BABBLEDOG WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF BABBLEDOG WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH BABBLEDOG WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF BABBLEDOG IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM RENESYS OR THROUGH OR FROM BABBLEDOG WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.

19. Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT RENESYS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF RENESYS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE BABBLEDOG; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM BABBLEDOG; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON BABBLEDOG; OR (v) ANY OTHER MATTER RELATING TO BABBLEDOG.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of sections 18 and 19 may not apply to you.

20. No Third-party Beneficiaries

You agree that, except as otherwise expressly provided in this Terms of Service, there will be no third-party beneficiaries to this agreement.

21. Notice

Renesys may provide you with notices, including those regarding changes to these Terms of Service, by email, regular mail or postings on Babbledog.

22. Trademark Information

The BABBLEDOG, BABBLEDOG logo, and RENESYS trademarks and service marks and other Renesys logos and product and service names are trademarks of Renesys Corporation (the "Renesys Marks"). Without Renesys' prior permission, you agree not to display or use in any manner the Renesys Marks.

23. Notice and Procedure for Making Claims of Copyright or Intellectual Property Infringement

Renesys respects the intellectual property of others, and we ask our users to do the same. Renesys may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Renesys' Copyright Agent the following information:

1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the site;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Renesys' Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:

By mail:
Copyright Agent
Renesys Corporation
1750 Elm St.
Suite 101
Manchester, NH 03104

By email:
Please Contact us regarding copyright infringement concerns.

24. General Information

Entire Agreement. These Terms of Service constitute the entire agreement between you and Renesys and governs your use of Babbledog, superseding any prior agreements between you and Renesys with respect to Babbledog. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Renesys services, affiliate services, third-party content or third-party software.

Choice of Law and Forum. The Terms of Service and the relationship between you and Renesys will be governed by the laws of the State of New Hampshire without regard to its conflict of law provisions. You and Renesys agree to submit to the personal and exclusive jurisdiction of the courts located within New Hampshire.

Waiver and Severability of Terms. The failure of Renesys to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service 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 the other provisions of these Terms of Service remain in full force and effect.

Non-Transferability. You agree that your Renesys account is non-transferable.

Statute of Limitations. 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 Babbledog or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in these Terms of Service are for convenience only and have no legal or contractual effect.