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Quantum Web Traffic Network
TERMS OF USE & End User License Agreement
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Quantum Web Traffic reserves the right to verify through any means the placement and correctness of the
Quantum Web Traffic HTML code provided to you in connection with your participation in the Exit Network, and
you hereby grant Quantum Web Traffic the right to access your web site in connection with this purpose. You
acknowledge that Quantum Web Traffic is a sponsor supported service provided to you free-of-charge, and that
at any given time the Quantum Web Traffic HTML code incorporated into your web site may display an
advertisement from a sponsor. All Quantum Web Traffic HTML code must be placed on a page in your web site
in a position where the majority of people visiting that page will see and notice the Exit ad displayed via the
HTML code. Quantum Web Traffic reserves the right to deactivate accounts for web sites: (a) that display an
inordinate number of Exits for or links to competing Exit exchange services; (b) that contain little or no original
content; or (c) if Quantum Web Traffic HTML code appears on an inordinate number of dynamically-generated
pages
Without limiting the foregoing, in connection with your participation in the Exit Network you may not:
" artificially inflate traffic counts to your web site using any device, program or other means;
" insert more than one Quantum Web Traffic HTML code on any single web page on your web site;
" include the Quantum Web Traffic HTML code on any pages of your web site that automatically reload or go to
another page without interaction from the user (e.g., client pull or server push technology);
" include the Quantum Web Traffic HTML code on any web page that is not generally accessible to all Internet
users (e.g., pop-up windows and hidden frames); or
" place any Quantum Web Traffic HTML code on web page that is unrelated to your web site.
You will not earn or be entitled to receive any credits earned in violation of the foregoing, and if Quantum Web
Traffic deactivates your account in response to the foregoing you forfeit to Exit ExchangeŽ, and will not
receive, any credits credited to your deactivated account. You acknowledge and agree that your web site
information (name, URL, logo, traffic counts, etc.) may be utilized by Quantum Web Traffic and disclosed to
third parties (e.g., lists of the busiest sites, lists of member sites, etc.). You agree to allow Quantum Web Traffic
to use screen shots of any web page that contains Quantum Web Traffic HTML code in Quantum Web Traffic
promotional materials, and represent and warrant that you have the authority sufficient to grant the foregoing
rights.
AGREEMENT BETWEEN USER AND QUANTUM WEB TRAFFIC
The Quantum Web Traffic Web Site is comprised of various Web sites and Web pages operated by Quantum
Web Traffic or its affiliates, these Web sites will be collectively referred to in this agreement as the "Quantum
Web Traffic Network."
Use of the Quantum Web Traffic Network provides a variety of services to third party Web sites participating in
the Quantum Web Traffic Network (the "Member Sites"). The Member Sites are not under the control of
Quantum Web Traffic and Quantum Web Traffic is not responsible for the actions or the contents of any Member
Site, any link contained in a Member Site, or any changes or updates to such sites. If you have a question
regarding a Member Site, please contact the owner of such site directly.
The Quantum Web Traffic Network is offered to you conditioned on your acceptance without modification of
these Terms of Use and Notices. Your use of the Quantum Web Traffic Network constitutes your agreement to
these Terms of Use and Notices. Your use of a particular Quantum Web Traffic Web site included within, or
acceptance of a product, service or benefit obtained through, the Quantum Web Traffic Network may also be
subject to additional terms specified in the applicable Quantum Web Traffic Web site or other accompanying
documentation (as such terms may be modified by Quantum Web Traffic from time to time as described below)
(the "Additional Terms"). If you do not have print capability or otherwise desire to obtain a hard copy of these
Terms of Use and Notice, please contact Quantum Web Traffic customer service.
If any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms
and guidelines contained within or applicable any particular Quantum Web Traffic Web site, service, product or
benefit, then the applicable Additional Terms shall control. You agree to familiarize yourself with the Terms of
Use, including the Additional Terms, and other terms and guidelines found throughout the Quantum Web Traffic
Network and abide by them if you choose to use the sites, or accept the products, services or benefits, to which
such terms apply.
MODIFICATION OF THESE TERMS OF USE
Quantum Web Traffic reserves the right to change the Terms of Use and Notices, and any Additional Terms at
anytime, effective upon making the modified provisions available on the Quantum Web Traffic Network. You are
responsible for regularly reviewing these terms and conditions. Continued use of the Quantum Web Traffic
Network after any such changes shall constitute your consent to such changes. Quantum Web Traffic does not
and will not assume any obligation to notify you of any changes to the Terms of Use and Notices, or Additional
Terms.
USE LIMITATION
The Quantum Web Traffic Network is provided to assist you with the operation of your business. Your right to
use the Quantum Web Traffic Network is personal to your company and its employees. Except to the extent
necessary to utilize the services of the Quantum Web Traffic Network, you may not make any commercial use
of the Quantum Web Traffic Network. You may not modify copy, distribute, transmit, display, perform,
reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products,
services or benefits obtained from the Quantum Web Traffic Network.
LINKS TO THIRD PARTY SITES
The links in the Quantum Web Traffic Network may let you leave the Quantum Web Traffic Network. you
acknowledge that the linked sites are not under the control of Quantum Web Traffic and Quantum Web Traffic is
not responsible for the contents or operation of any linked site or any link contained in a linked site, or any
changes or any updates to such sites. Quantum Web Traffic is not responsible for webcasting or any other form
of transmission received from any linked site. Quantum Web Traffic is providing these links to you only as a
convenience, and the inclusion of any link does not imply endorsement by any link does not imply endorsement
by Quantum Web Traffic of the linked site or any association with their operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Quantum Web Traffic Network, you warrant to Quantum Web Traffic that you
will not use the Quantum Web Traffic Network for any purpose that is unlawful, or prohibited by these Terms of
Use and Notices or the Additional Terms (as the same may be modified from time to time). In addition, you
may not link to the Quantum Web Traffic Network any site containing an inappropriate, profane, defamatory,
infringing, obscene, indecent or unlawful topic, name, material or information, or material or information that
violates any applicable intellectual property, proprietary, privacy or publicity rights.
The information provided by Quantum Web Traffic to you may be proprietary in nature. You agree not to share
any information provided to you by or on behalf of Quantum Web Traffic with any third party. If you sell or
otherwise distribute goods or services that compete with or may otherwise serve as a substitute for products or
services sold or otherwise distributed by Quantum Web Traffic, you may not: (a)use or acquire, or have any
other person use or acquire on your behalf, the products or services of Quantum Web Traffic for which you
offer competing or substitute products or services; and (b)advertise, promote, market or solicit offers to
acquire such competing or substitute products in connection with your use of any Quantum Web Traffic products
or services.
USE OF COMMUNICATION SERVICES
The Quantum Web Traffic Network may contain bulletin board services, chat areas, news groups, forums,
communities, personal web pages, electronic mail postings and/or other message or communication facilities
designed to enable you to communicate with the public at large or with a group (collectively, "Communication
Services"). You agree to use the Communication Services only to post, send and receive messages and
material that are proper and related to the particular Communication Service, and to comply with all applicable
laws and these Terms of Use and Notices. By way of example, and not as a limitation, you agree that when
using a Communication Service, you will not:
" Defame abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and
publicity) of others.
" Download, publish post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing,
obscene, indecent or unlawful topic, name, material or information.
" Upload files that contain software or other material protected by intellectual property laws, rights of privacy or
publicity, or other proprietary rights, unless you own or control the rights thereto or have received all
necessary consents (e.g., you may not upload "warez" or pirated software).
" Upload files that contain viruses, corrupted files, or any other similar software or programs that may or are
intended to damage the operation of another's computer (e.g., "cracks" or other programs written to defeat the
security measures of any computer, system or programs).
" Advertise or offer to sell or buy any goods or services, unless such Communication Service specifically allows
such messages.
" Conduct or forward illegal contests, pyramid schemes or chain letters.
" Download, publish, post, upload, distribute or disseminate any file posted by another user of a
Communication Service that you know, or reasonably should know, cannot be legally distributed in such
manner.
" Falsify, delete or alter any material, author attributions, legal or other proper notices or proprietary
designations or labels of the origin or source of material contained in a file that is uploaded via the
Communication Services.
" Restrict or inhibit any other user from using and enjoying its rights in the Communication Services.
" Violate any code of conduct or other guidelines that may be applicable for any particular Communication
Service.
" Harvest or otherwise collect information about others, including e-mail addresses, without their express
consent.
" Exit the Communication Services to any unsolicited communication sent to any third party or otherwise use or
mention the Communications Services in connection with any such unsolicited communication.
" Violate any applicable laws or regulations.
Quantum Web Traffic reserves the right, but is not obligated, to review materials posted to a Communication
Service and to remove any such materials in its sole discretion.
Quantum Web Traffic reserves the right to terminate your access to any or all of the Communication Services
at any time without notice for any reason whatsoever.
Quantum Web Traffic reserves the right to terminate or change any Communication Service at anytime.
Quantum Web Traffic is not obligated to monitor the Communication Services. However, with respect to the use
of the Communication Service, Quantum Web Traffic reserves the right to disclose any information or materials
as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse
to post or to remove any information or materials, in whole or in part, from the Communication Service in
Quantum Web Traffic sole discretion.
You acknowledge that all Communication Services are public and not private communications, therefore your
communications may be read by others without your knowledge. Always use caution when giving out any
personally identifying information about yourself or your children in any Communication Service. Quantum Web
Traffic does not control or endorse the content, messages or information found in any Communication Service
and, therefore, Quantum Web Traffic specifically disclaims any liability with regard to the Communication
Services and any actions resulting from your participation in any Communication Service. Forum managers and
hosts of the Communication Services are not authorized Quantum Web Traffic agents or spokespersons, are
not able to bind Quantum Web Traffic, nor do their views necessarily reflect those of Quantum Web Traffic.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction
and/or dissemination, and you are responsible for adhering to such limitations if you download the materials.
LICENSE TO Quantum Web Traffic
By posting messages, uploading files, inputting data, submitting any feedback or suggestions, or engaging in
any other form of communication with or through any Quantum Web Traffic Web Site, you warrant and
represent that you own or otherwise control the rights necessary to do so and to grant Quantum Web Traffic
the licenses set forth below. You hereby grant Quantum Web Traffic and its affiliated company's permission to:
" Use, modify, copy, distribute, transmit, publicly display, publicly perform, reproduce, publish, sublicense,
create derivative works from, transfer, or sell any such communication.
" Sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to
the communication.
" Publish your name in connection with any such communication.
The foregoing grants shall include the right to exploit any intellectual property or proprietary rights in such
communication, including but not limited to rights under copyright, trademark, service mark or patent laws
under any relevant jurisdiction. No compensation will be paid or due you with respect to Quantum Web Traffic
or its sub licensee's use of the materials contained within such communication. Quantum Web Traffic is under
no obligation to post or use any materials you may provide, and may remove such materials at any time in
Quantum Web Traffic sole discretion.
SOFTWARE AVAILABLE ON THE Quantum Web Traffic Network
Software (if any) that is made available to download from or otherwise through the Quantum Web Traffic
Network, excluding software that may be made available by third party end-users through a Communication
Service, ("Software") is the copyrighted work of Quantum Web Traffic and/or its suppliers. Your use of the
Software is governed by the terms of the end user license agreement, if any, which accompanies or is included
with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or
includes a License Agreement unless you first agree to the License Agreement. For any Software not
accompanied by a license agreement, Quantum Web Traffic Corporation hereby grants to you, the user, a
personal, non-exclusive, nontransferable license to use the Software for viewing and otherwise using the
particular Quantum Web Traffic Web Site in accordance with the applicable Terms of Use, and for no other
purpose. In addition, you shall keep intact all and may not alter any copyright and other proprietary notices
contained in such Software.
All Software is owned by Quantum Web Traffic and/or its suppliers, and is protected to the maximum extent
permitted by copyright laws and international treaty provisions. Any reproduction or redistribution of the
Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Persons violating
the foregoing, or who otherwise misappropriate any intellectual property or proprietary rights related to the
Software will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING
OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION
OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. YOU MAY NOT DECOMPILE, DISASSEMBLE, REVERSE
ENGINEER OR OTHERWISE ATTEMPT TO DISCOVER ANY TRADE SECRET CONTAINED IN ANY SOFTWARE
PROVIDED HEREUNDER. You acknowledge that the Software, and any accompanying documentation and/or
technical information, is subject to applicable export control laws and regulations of the USA. You agree not to
export or re-export the Software, directly or indirectly, to any countries that are subject to USA export
restrictions. All software downloaded or otherwise obtained by the US Government pursuant to solicitations
issued on or after December 1, 1995 is provided with the commercial license rights and restrictions described
elsewhere herein.
LIABILITY DISCLAIMER
The information, software, products, services and other material included in or available through the Quantum
Web Traffic Network may not be complete, and may include inaccuracies or typographical errors, and may also
be modified or deleted from time to time. Advice, information, products, services or other materials received
via the Quantum Web Traffic Network should not be relied upon for personal, medical, legal, business, financial
or other decisions and is not intended to replace the advice of appropriate and qualified professionals. You
acknowledge that you should consult an appropriate professional for specific advice tailored to your situation.
Your access to and use of the Quantum Web Traffic Network, and products and services of Quantum Web
Traffic, is at your own risk. Quantum Web Traffic, and its members and sponsors, will not be liable for any
damage, loss or disclosure of information, data, revenue, accounts or business that occurs in connection with
your use of the Quantum Web Traffic Network, or such products or services. Quantum Web Traffic makes no
guarantees of any kind regarding the dependability, accuracy, security, timeliness or availability of the
Quantum Web Traffic Network, or such products or services.
Without limiting the foregoing, Quantum Web Traffic AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO
REPRESENTATIONS OR WARRANTIES ABOUT THE CONDITION, SUITABILITY, RELIABILITY, AVAILABILITY,
COMPLETENESS, SECURITY, TIMELINESS, OR ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND MATERIALS CONTAINED ON THE Quantum Web Traffic Network FOR ANY PURPOSE. ALL SUCH
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND MATERIALS ARE PROVIDED "AS IS" WITHOUT
WARRANTY OF ANY KIND. Quantum Web Traffic AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL
REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, WITH REGARD TO THIS
INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR MATERIALS, INCLUDING ALL IMPLIED WARRANTIES
AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT.IN NO EVENT SHALL Quantum Web Traffic AND/OR ITS SUPPLIERS BE LIABLE FOR ANY
DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR ANY
DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR
PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE Quantum
Web Traffic Network OR RELATED SERVICES, WITH THE DELAY OR INABILITY TO USE THE Quantum Web
Traffic Network OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE
Quantum Web Traffic Network, OR OTHERWISE ARISING OUT OF THE USE OF THE Quantum Web Traffic
Network, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF
Quantum Web Traffic OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE
DISSATISFIED WITH ANY PORTION OF THE Quantum Web Traffic Network, OR WITH ANY OF THESE TERMS OF
USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Quantum Web Traffic Network
AND ITS RELATED SERVICES. Without limiting the foregoing, Quantum Web Traffic is not responsible for any of
your data residing on Exit Exchange hardware. You are responsible for backing-up your data and information
that may reside on the Quantum Web Traffic hardware, whether or not such information is produced through
the use of the Quantum Web Traffic Network.
You agree to defend, indemnify and hold Quantum Web Traffic harmless from and against any and all claims,
losses, liability costs and expenses (including but not limited to attorneys' fees) arising from your violation of
these Terms of Use (including, without limitation, violation of applicable Additional Terms of Use), or any
third-party's rights, (including, without limitation, infringement of any copyright, violation of any proprietary
right and invasion of any privacy rights). These obligations will survive any termination of your relationship with
Quantum Web Traffic.
SERVICE CONTACT
Quantum Web Traffic web site: info@quantumwebtraffic.com
ACCESS RESTRICTION
Quantum Web Traffic reserves the right to deny in its sole discretion any user access to the Quantum Web
Traffic Network or any portion thereof without notice. You are responsible for safeguarding the confidentiality of
your password(s) and user name(s) issued to you by Quantum Web Traffic, and for any use or misuse of your
account or the Quantum Web Traffic Network resulting from any third party using a password or user name
issued to you.
TERMINATION
Quantum Web Traffic may terminate this agreement and your access to any or all Quantum Web Traffic
Network and the related services at any time, with or without cause, effective immediately. Anyone determined
by Quantum Web Traffic to have violated these Terms of Use and Notices, or any Additional Terms may be
barred from using the Quantum Web Traffic Network, or from receiving any products, services or benefits from
the Quantum Web Traffic Network. In addition, if you violate any of these Terms of Use, Notices or Additional
Terms (as applicable) you will forfeit all in-kind credits and amounts accruing to you (if any) in connection with
the Quantum Web Traffic Network.
GENERAL
This agreement is governed by the laws of the State of Texas, USA You hereby consent to the jurisdiction of
and venue in courts located in Denton County, Texas, USA in all disputes arising out of or relating to the use of
the Quantum Web Traffic Network. In addition, you hereby consent to the exclusive jurisdiction of and venue in
such courts for any action commenced by you against Quantum Web Traffic (or its affiliates). Use of the
Quantum Web Traffic Network is unauthorized in any jurisdiction that does not give effect to all provisions of
these terms and conditions, including without limitation this paragraph. You agree that no joint venture,
partnership, employment, or agency relationship exists between you and Quantum Web Traffic as a result of
this agreement or use of the Quantum Web Traffic Network. Quantum Web Traffic performance of this
agreement is subject to existing laws and legal process, and nothing contained in this agreement is in
derogation of Quantum Web Traffic right to comply with governmental, court and law enforcement determined
to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers
and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded
by a valid, enforceable provision that most closely matches the intent of the original provision and the
remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement
constitutes the entire agreement between the user and Quantum Web Traffic with respect to the Quantum Web
Traffic Network and it supersedes all prior or contemporaneous communications and proposals, whether
electronic, oral or written, between the user and Quantum Web Traffic with respect to the Quantum Web Traffic
Network. A printed version of this agreement and of any notice given in electronic form shall be admissible in
judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject
to the same conditions as other business documents and records originally generated and maintained in printed
form. You may not rent, lease, license, grant a security interest in, or otherwise transfer or sublicense your
rights in the Quantum Web Traffic Network, service to any third party.
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