1. THIS IS AN AGREEMENT BETWEEN YOU AND NEW.NET

This is an agreement ("Agreement") between you and New.net, Inc. (or, if applicable, one of its affiliates) ("New.net"). This Agreement governs your use of any and all Internet navigation assistance web pages provided to you by New.net in response to certain queries submitted by you (“Quick! Pages”). You represent that you are at least 18 years of age and have attained the age of majority in the province, state or country in which you reside, and any information that you submit is correct. NEW.NET OFFERS THE QUICK! PAGE SERVICE (DEFINED BELOW) TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THIS AGREEMENT. YOUR USE OF THE QUICK! PAGE SERVICE CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT. THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY (See Sections 8, 9, 10, and 11); AND AN EXCLUSIVE REMEDY (See Section 9). THESE PROVISIONS FORM AN ESSENTIAL BASIS OF OUR BARGAIN.

2. HOW NEW.NET MAY MODIFY THIS AGREEMENT

New.net reserves the right to change the terms, conditions, and notices under which it offers the Quick! Page Service at any time and without notice, and such modifications shall be deemed effective immediately upon posting of the modified terms. You are responsible for regularly reviewing these terms, conditions and notices, and any additional terms posted on any Quick! Page.

3. DESCRIPTION OF QUICK! PAGE SERVICE

New.net provides Internet navigation assistance web pages known as “Quick! Pages” to users who submit certain queries (the “Quick! Page Service”). You understand and agree that the Quick! Page Service may include advertisements and that these advertisements are necessary for New.net to provide the Quick! Page Service.

4. NO COMMERCIAL, UNLAWFUL OR HARMFUL USE OF THE QUICK! PAGE SERVICE

The Quick! Pages are for your personal use only. You will not reproduce, duplicate, copy, sell, resell, exploit or otherwise use the Quick! Pages, any portion thereof, or any services or products available thereunder for commercial purposes. You will not use the Quick! Pages in any way that is unlawful, or harms New.net, its affiliates, resellers, distributors, service providers and/or suppliers (each, a "New.net Party" and collectively, the "New.net Parties") or any customer of a New.net Party, as determined in New.net's sole discretion. New.net may tell you about certain specific harmful uses in a code of conduct or other notices available through a Quick! Page, but has no obligation to do so. You will not use the Quick! Pages in any way that breaches any code of conduct, policy or other notice applicable to the Quick! Pages. Without limiting the generality of this section, you will not use the Quick! Pages in any manner that could damage, disable, overburden, or impair any Quick! Page (or the network(s) connected to any Quick! Page) or interfere with any other party's use and enjoyment of the Quick! Page Service.

5. SPAM IS PROHIBITED

Without limiting the generality of Section 4, you will not use the Quick! Pages to transmit, either directly or indirectly, any unsolicited bulk e-mail or unsolicited commercial e-mail.

6. SOFTWARE

Your use of any software associated with the Quick! Page Service will be governed by the terms and conditions of the end user license agreement ("EULA") accompanying such software. Such software is protected by copyright and other intellectual property laws and treaties. New.net or its suppliers own the title, copyright, and other intellectual property rights in such software, and such software is licensed, not sold, to you. You will not disassemble, decompile, or reverse engineer, such software, except and only to the extent that such activity is expressly permitted by applicable law. New.net may automatically check your version of such software and may automatically download upgrades to such software to your computer to update, enhance and further develop the Quick! Page Service. If you are accessing the Quick! Page Service through such software, you may disable the Quick! Page Service by clicking on the “About Quick! Search Service” link at the bottom of each Quick! Page and following the instructions entitled “How to Deactivate the Quick! Service.” Your continued use of the Quick! Page Service constitutes your acceptance of, and agreement to, this Agreement, including any changes made to such Agreement pursuant to Section 2 hereof.

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7. INFORMATION AVAILABLE FROM THE QUICK! PAGES

New.net and its suppliers do not warrant or guarantee the accuracy, completeness or timeliness of any information available on a Quick! Page. New.net and its suppliers do not authorize the use of information available from Quick! Pages for any purpose other than your personal use. You may not resell, redistribute or use this information for commercial purposes. New.net does not endorse or recommend any particular product or service.

8. NEW.NET MAKES NO WARRANTY

NEW.NET PROVIDES THE QUICK! PAGES "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE NEW.NET PARTIES MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THE NEW.NET PARTIES DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE QUICK! PAGE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

9. LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY

IN NO EVENT WILL ANY NEW.NET PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE QUICK! PAGE SERVICE OR THE QUICK PAGES, EVEN IF SUCH NEW.NET PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER THIS SECTION 9 IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE QUICK! PAGE SERVICE, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY NEW.NET PARTY WITH RESPECT TO THIS AGREEMENT OR THE QUICK! PAGE SERVICE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE QUICK! PAGE SERVICE.

10. CHANGES TO THE QUICK! PAGE SERVICE; ADDITIONAL LIABILITY LIMITATION

THE NEW.NET PARTIES MAY CHANGE THE QUICK! PAGE SERVICE OR DELETE FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON.
How You Can Access, Limit or Change the Information Collected About You
As you use the Quick! Page Service, you should expect to receive, access or use information, text, materials, graphics, software, sound, data and other content (collectively, "Content") originated by New.net and persons other than New.net ("Third Parties"). You understand and agree that by using the Quick! Page Service, you may be exposed to Content that is offensive, indecent, threatening or otherwise offensive. WITHOUT LIMITING THE GENERALITY OF SECTIONS 8 AND 9, YOU ACKNOWLEDGE AND AGREE THAT THE NEW.NET PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT PROVIDED BY NEW.NET OR ANY THIRD PARTIES, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (2) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT LIMITING THE GENERALITY OF SECTIONS 8 AND 9, YOU ACKNOWLEDGE AND AGREE THAT NEW.NET IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE QUICK! PAGE SERVICE, (2) ANY INCOMPATIBILITY BETWEEN THE QUICK! PAGES AND OTHER WEB SITES, SERVICES, SOFTWARE AND HARDWARE, (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE QUICK! PAGE SERVICE IN AN ACCURATE OR TIMELY MANNER, (4) ANY LOSS OR LIABILITY RESULTING FROM ERRORS, OMISSIONS OR MISSTATEMENTS IN ANY AND ALL INFORMATION OR SERVICES PROVIDED BY NEW.NET TO YOU, OR (5) ANY LOSSES, DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SERVICES AVAILABLE FROM THIRD PARTIES THOUGH LINKS CONTAINED ON THE QUICK! PAGES. YOU AGREE THAT YOU MUST EVALUATE AND BEAR ALL RISKS ASSOCIATED WITH THE USE OF ANY CONTENT PROVIDED BY NEW.NET OR ANY THIRD PARTIES, INCLUDING ANY RELIANCE ON THE ACCURACY OR COMPLETENESS OF SUCH CONTENT. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN SECTIONS 8, 9 AND 10 OF THIS AGREEMENT APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND ARE NOT INTENDED TO DEPRIVE YOU OF ANY MANDATORY PROTECTIONS PROVIDED TO YOU UNDER APPLICABLE LAW.

11. LINKS

The Quick! Pages may include links to other World Wide Web sites or resources provided by Third Parties. Because New.net has no control over such sites and resources, you acknowledge and agree that New.net 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 New.net 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.

12. INDEMNIFICATION

You agree to release, indemnify, defend and hold harmless New.net, its parent,, subsidiaries and affiliates, and its and their shareholders, officers, directors, employees, agents and advisors, from and against any and all losses, liabilities, claims (including claims without legal merit or brought in bad faith), demands, damages, costs or expenses, causes of action, suits, proceedings, judgments, awards, executions and liens, including reasonable attorneys' fees and costs (whether brought by third parties or otherwise) (collectively, "Claims") relating to or arising from any breach by you of this Agreement or Claims arising from your use of the Quick! Page Service. New.net reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and in such event, you shall have no further obligation to provide indemnification for such matter; provided, however that you shall use your best efforts to cooperate with us in the defense of any Claim.

13. PROPRIETARY INFORMATION

You acknowledge and agree that the Quick! Pages and any Content, services or software available through or used in connection with the Quick! Pages contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you through the Quick! Pages or by advertisers is protected by copyright, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by New.net or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Quick! Pages or any Content, services or software available through or used in connection with the Quick! Pages, in whole or in part.

14. TRADEMARK INFORMATION

You acknowledge and agree that New.net, Quick! and other New.net logos, products and service names are trademarks of New.net (“New.net Marks”) and you agree that you will not display or use the New.net Marks in any manner, without the express written permission of New.net.

15. TERMINATION; ACCESS RESTRICTION

New.net may terminate this Agreement, or terminate or suspend your access to the Quick! Page Service at any time, with or without cause, with or without notice. Upon such termination or suspension, your right to use the Quick! Page Service will immediately cease. New.net may discontinue, temporarily or permanently, the Quick! Page Service with or without notice.

16. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES

This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of California, without regard to its conflicts of law principles. You shall bring any action to enforce this Agreement or in connection with any matters related to the Quick! Page Service only in either the state or Federal courts located in Los Angeles County, California. You expressly consent to the exclusive jurisdiction of said courts. Use of the Quick! Page Service is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement, including without limitation this paragraph.

17. INTERPRETING THE AGREEMENT; ASSIGNMENT

If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, 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 this Agreement will continue in effect. A printed version of this Agreement and 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. New.net may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement. Except as expressly stated herein, this Agreement constitutes the entire agreement between you and New.net with respect to the Quick! Page Service and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and New.net with respect to the Quick! Page Service. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance.

18. YOU HAVE LIMITED TIME TO BRING YOUR CLAIM

YOU AND NEW.NET AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE QUICK! PAGE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

19. COPYRIGHT AND TRADEMARK NOTICES; OTHER ACKNOWLEDGEMENTS

All contents of the Quick! Pages are Copyright © 2005 New.net, Inc. and/or its suppliers, 2102 Rosecrans Avenue, #2000, El Segundo, CA. 90245, U.S.A. All rights reserved. New.net, the New.net logo (ball with arrows), and/or other New.net products and services referenced herein may also be either trademarks or registered trademarks of New.net in the United States and/or other countries. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, domain names, e-mail addresses, logos, people, places and events depicted herein are fictitious. No association with any real company, organization, product, domain name, e-mail address, logo, person, places or events is intended or should be inferred. Any rights not expressly granted herein are reserved.

20. CLICK HERE FOR INFORMATION REGARDING NEW.NET’S QUICK PAGE PRIVACY POLICY.

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