Part 1 - General Terms PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING COCKEYED.COM. COCKEYED.COM WILL ONLY LICENSE COCKEYED.COM TO YOU IF YOU FIRST ACCEPT THE TERMS OF THIS AGREEMENT. REGARDLESS OF HOW YOU ACQUIRE COCKEYED.COM (ELECTRONICALLY, PRELOADED, ON MEDIA OR OTHERWISE), BY USING COCKEYED.COM YOU AGREE TO THESE TERMS. COCKEYED.COM is owned by the COCKEYED.COM or its subsidiaries (COCKEYED.COM) or COCKEYED.COM's Suppliers, and is copyrighted and licensed, not sold. COCKEYED.COM grants you a nonexclusive, nontransferable license under the terms stated below to COCKEYED.COM in the country in which you acquire it. This Agreement is the complete and exclusive agreement regarding COCKEYED.COM and replaces any prior oral or written communications between you and COCKEYED.COM. For a change to be valid, both you and COCKEYED.COM must sign it. This Agreement includes Part 1 -- General Terms and Part 2 - Country Unique Terms. The terms of Part 2 may replace or modify those of Part 1. 1. License: Under this license, you may use COCKEYED.COM on a single computer. You may not: 1) use or copy COCKEYED.COM except to make 1 copy for archival or backup purposes; 2) modify or merge COCKEYED.COM; 3) reverse assemble, reverse compile, or otherwise translate COCKEYED.COM; 4) sublicense or assign the license for COCKEYED.COM; or 5) distribute COCKEYED.COM to any third party. This license will begin with your first use of COCKEYED.COM. 2. No Warranty: SUBJECT TO ANY STATUTORY WARRANTIES WHICH CANNOT BE EXCLUDED, COCKEYED.COM MAKES NO WARRANTIES OR CONDITIONS EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF NON-INFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, CONCERNING THE FUNCTION, PERFORMANCE OR DOCUMENTATION FOR COCKEYED.COM This exclusion also applies to any of COCKEYED.COM's subcontractors, suppliers or program developers (collectively called "Suppliers"). 3. Limitation of Liability: NEITHER COCKEYED.COM NOR ITS SUPPLIERS WILL BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS, OR ANY INCIDENTAL, SPECIAL, OR OTHER ECONOMIC CONSEQUENTIAL DAMAGES, EVEN IF COCKEYED.COM IS INFORMED OF THEIR POSSIBILITY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU. 4. Rights in Data: You hereby assign to COCKEYED.COM all right, title, and interest (including ownership of copyright) in any data, suggestions, and written materials related to your use of COCKEYED.COM you provide to COCKEYED.COM. If COCKEYED.COM requires it, you agree to sign an appropriate document to assign such rights. 5. General Neither of us will charge the other for this license or any work performed as a result of this Agreement. Rob provides no program services or other support for COCKEYED.COM. You agree to: 1) maintain a record of all copies of COCKEYED.COM and 2) ensure that anyone who uses COCKEYED.COM (accessed either locally or remotely) does so only for your authorized use and complies with the terms of this Agreement. Robert may terminate this license immediately if you fail to comply with the terms of this Agreement. If we do so, you agree to immediately destroy COCKEYED.COM and all copies you made of it. Neither you nor COCKEYED.COM is responsible for failure to fulfill any obligations due to causes beyond its control. You may not export COCKEYED.COM. This Agreement is governed by the laws of the country in which you acquired COCKEYED.COM except: 1) in Australia, this Agreement will be governed by the laws of the State or Territory in which the transaction is performed; 2) in Central Europe and Russia, this Agreement will be governed by the laws of Austria; 3) in Estonia, Latvia, and Lithuania, Finnish law shall apply; 4) in Canada, the laws of the Province of Ontario govern this Agreement; and 5) in the United States and Puerto Rico and People's Republic of China, the laws of the State of New York govern this agreement. Part 2 - Country Unique Terms ASIA PACIFIC AUSTRALIA: No Warranty (Section 2): The warranties specified this Section are in addition to any rights you may have under the Trade Practices Act or other legislation and are only limited to the extent permitted by the applicable legislation. Limitation of Liability (Section 3): The following paragraph is added to this Section: Where COCKEYED.COM is in breach of a condition or warranty implied by the Trade Practices Act 1974, COCKEYED.COM's liability is limited to: (a) where COCKEYED.COM supplied services, the cost of having the services supplied again; or (b) where COCKEYED.COM supplied goods, the repair or replacement of the goods, or the supply of equivalent goods. Where that condition or warranty relates to right to sell, quiet possession or clear title, or the goods are of a kind ordinarily acquired for personal, domestic or household use or consumption, then none of the limitations in this paragraph apply. NEW ZEALAND: No Warranty (Section 2): The warranties specified this Section are in addition to any rights you may have under the Consumer Guarantees Act 1993 or other legislation which cannot be excluded or limited. The Consumer Guarantees Act 1993 will not apply in respect of any goods or services which we provide, if you require the goods and services for the purposes of a business as defined in the ACT. Limitation of Liability (Section 3): The following paragraph should be added to this Section: Where products or services are not acquired for the purposes of a business as defined in the Consumer Guarantees Act 1993, the limitations in this Section are subject to the limitations in that Act. EUROPE, MIDDLE EAST, AFRICA (EMEA) GERMANY: No Warranty (Section 2): The warranty for an COCKEYED.COM Program covers the functionally of the Program for its normal use. In case a Program is delivered without specifications, COCKEYED.COM will only warrant that the Program information correctly describes the Program and that the Program can be used according to the Program information. The minimum warranty period is six (6) months. Limitation of Liability (Section 3): The limitations and exclusions specified in the Agreement will not apply to damages caused by us with intention or gross negligence. COCKEYED.COM is liable for assured characteristics. IRELAND: No Warranty (Section 2): Except as expressly provided in these terms and conditions, all statutory conditions, including all warranties implied, but without prejudice to the generality of the foregoing all warranties implied by the Sale of Goods Act 1983 or the Sale of Goods and Supply Act 1980 are hereby excluded. UNITED KINGDOM: Limitation of Liability (Section 3): Add the following paragraph at the end of the first paragraph: The limitation of liability shall not apply to any breach of COCKEYED.COM's obligations implied by Section 12 of the Sales of Goods Act 1979 or Section 2 of the Supply of Goods and Services Act 1982. Disclaimer The software available for downloading through Internet sites published by COCKEYED.COM, Inc. (the "Software") is provided by third party software vendors pursuant to license agreements or other arrangements between such vendors and the end user. COCKEYED.COM does not sell, resell, or license any of the Software, and COCKEYED.COM disclaims any responsibility for or liability related to the Software. Any questions, complaints or claims related to the Software should be directed to the appropriate vendor. THE SOFTWARE IS PROVIDED BY COCKEYED.COM "AS IS" AND "WITH ALL FAULTS." COCKEYED.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE QUALITY, SAFETY OR SUITABILITY OF THE SOFTWARE, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. FURTHER, COCKEYED.COM MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE TRUTH, ACCURACY OR COMPLETENESS OF ANY STATEMENTS, INFORMATION OR MATERIALS CONCERNING THE SOFTWARE THAT IS CONTAINED IN COCKEYED.COM'S INTERNET SITES. IN NO EVENT WILL COCKEYED.COM BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES HOWEVER THEY MAY ARISE AND EVEN IF COCKEYED.COM HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. There are inherent dangers in the use of any software available for downloading on the Internet, and COCKEYED.COM cautions you to make sure that you completely understand the potential risks before downloading any of the Software. You are solely responsible for adequate protection and backup of the data and equipment used in connection with any of the Software, and COCKEYED.COM will not be liable for any damages that you may suffer in connection with using, modifying or distributing any of the Software. The Software is subject to United States export control laws and may be subject to export or import regulations in other countries. You are responsible for strict compliance with such laws and regulations in connection with any Software that you download and for obtaining any licenses or permits required to export, re-export or import such Software. Copyright 1995-99 by COCKEYED.COM, Inc. All rights reserved. No part of COCKEYED.COM's Internet sites may be reproduced in any way, or by any means, without the prior written permission of COCKEYED.COM. Use of any index or listing of Software for the purpose of constructing a mailing list, creating promotional materials or producing a printed or electronic catalog of any kind is expressly forbidden without the prior written permission of COCKEYED.COM. COPYRIGHT All content included on this site, such as text, graphics, logos, button icons, images, audio clips and software, is the property of Cockeyed.com or its content suppliers and protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all content on this site is the exclusive property of Cockeyed.com and protected by U.S. and international copyright laws. All software used on this site is the property Cockeyed.com or its software suppliers and protected by U.S. and international copyright laws. The content and software on this site may be used as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on this site is strictly prohibited. TRADEMARKS DISCLAIMER THIS SITE IS PROVIDED BY COCKEYED.COM ON AN "AS IS" BASIS. COCKEYED.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, COCKEYED.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COCKEYED.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL PUNITIVE AND CONSEQUENTIAL DAMAGES. COPYRIGHT All content included on this site, including text, graphics, logos, button icons, images, audio clips and software, is the property of COCKEYED.COM Publishing, Inc. and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all content on this site is the exclusive property of COCKEYED.COM Publishing, Inc. and protected by U.S. and international copyright laws. All software used on this site is the property COCKEYED.COM Publishing, Inc. or its software suppliers and is protected by U.S. and international copyright laws. The content and software on this site may be used as a source of general information. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on this site is prohibited. All e-mail, questions, answers, and other electronic submissions sent to Cockeyed.com, posted on Cockeyed.com, or sent to someone identified as a representative of Cockeyed.com is at all times the exclusive property of COCKEYED.COM Publishing, Inc. TRADEMARKS Cockeyed.com is a trademark of COCKEYED.COM Publishing, Inc. in the United States and other countries. COCKEYED.COM Publishing, Inc.'s trademarks may not be used in connection with any product or service that is not COCKEYED.COM Publishing, Inc.'s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits COCKEYED.COM Publishing, Inc. or Cockeyed.com. DISCLAIMER THIS SITE IS PROVIDED BY COCKEYED.COM PUBLISHING, INC. ON AN "AS IS" BASIS. COCKEYED.COM PUBLISHING, INC. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, COCKEYED.COM PUBLISHING, INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COCKEYED.COM PUBLISHING, INC. WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL PUNITIVE AND CONSEQUENTIAL DAMAGES. . If you attach a wire directly between the positive and negative terminals of a D cell, 3 things will happen: Electrons will flow from the negative side of the battery to the positive side as fast as they can. The battery will drain fairly quickly (in a matter of several minutes). For that reason it is generally not a good idea to connect the two terminals of a battery to one another directly. Normally you connect some kind of load in the middle of the wire so the electrons can do useful work. The load might be a motor, a light bulb, a radio or whatever. A small magnetic field is generated in the wire. It is this small magnetic field that is the basis of an electromagnet. Cockeyed.com Licensing Agreement and Terms and Conditions of Service The computer programs in object code form (the "Software") are designed to enable your personal computer to access the Internet with the Cockeyed.com Internet access service (the "Service"). Cockeyed.com USA ("Cockeyed.com") provides the Software you are about to install and its accompanying documentation (the "Documentation") subject to your compliance with these terms and conditions (collectively, the "Agreement"). PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE ATTEMPTING TO INSTALL THE SOFTWARE. THE SOFTWARE IS COPYRIGHTED AND LICENSED (NOT SOLD). BY INSTALLING, COPYING OR OTHERWISE TRANSMITTING OR USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY THESE TERMS AND CONDITIONS, DO NOT INSTALL THE SOFTWARE AND THE DOCUMENTATION. THE SOFTWARE AND DOCUMENTATION ARE PROVIDED FOR USE (i) ONLY WITH THE SERVICE AND (ii) ONLY IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT. NO RIGHT OR LICENSE IS GRANTED TO USE THE SOFTWARE OR DOCUMENTATION WITH ANY OTHER INTERNET OR INTRANET ACCESS. You must agree to the terms and conditions in the following software license before using the Software and/or Documentation. Subject to the provisions contained herein and, if applicable, payment of any license fees, Cockeyed.com hereby grants to you a non-exclusive license to use the Software and Documentation for your own internal or personal purposes. Such Software and Documentation are protected by the copyright laws of the United States and international copyright treaties. You may use the Software and Documentation only in conjunction with validly licensed copies of the Microsoft operating system products [e.g., Windows(r) 95, Windows NT(r) ] and only with the Service. You assume responsibility for the selection of the Software and the Service to achieve your intended results, and for the installation, use, and results obtained by the Software and the Service. Except as expressly stated in this Agreement, you may not copy the Software. You may copy, install and use the Software on one computer at a time. You may not place the Software on a network and you may not lend, rent, lease, or otherwise transfer the Software. You may make one copy of the Software for archival and backup purposes only. Any copy made by you shall be subject to this Agreement and shall contain all notices regarding copyrights, trademarks, and other proprietary rights as contained in the copy originally provided to you. You acknowledge that the Software in source code form remains a confidential trade secret of Cockeyed.com and/or its licensors and therefore you agree not to attempt to decipher, decompile, disassemble or reverse engineer the Software or allow others to do so, except and only to the extent applicable laws specifically prohibit such restriction. You further agree not to modify or create derivative works of the Software. IF YOU VIOLATE ANY OF THE FOREGOING, YOUR LICENSE IMMEDIATELY AND AUTOMATICALLY IS TERMINATED. In addition, your rights under this Agreement automatically terminate upon the termination of your Service account. All title, ownership rights, copyright and other intellectual property rights in and to the Software and Documentation shall remain with Cockeyed.com and/or its licensors. The Agreement does not grant to you the right to sub-license the Software and is personal to you and therefore may not be assigned (by operation of law or otherwise) or transferred without the prior written consent of Cockeyed.com and/or its licensors. This license does not grant you any right to any enhancement or update to the Software and Documentation. Enhancements and updates, if available, may be obtained by you at Cockeyed.com then-current standard pricing, terms and conditions. Title, ownership rights, copyright and other intellectual property rights in and to the content accessed through the Software and the Service are the property of the applicable content owner and may be protected by copyright or other law. This License gives you no rights to such content. It may terminate automatically, as provided above, or you may terminate it by destroying the disk(s) and Documentation. In addition, Cockeyed.com may terminate this license at any time if you fail to comply with any of its terms or conditions, as specified herein or as may be set forth online at the following website address: https://www.cockeyed.com. Immediately upon any termination, you agree to destroy the Software and the Documentation and all copies, modifications, and merged portions in any form. In the event the Software is determined to be or, in Cockeyed.com' view, is likely to be found to be infringing third party proprietary or intellectual property rights, Cockeyed.com will, at its sole option and its expense, either procure for you the right to continue using the Software or replace or modify the Software so that it becomes non-infringing. If, in Cockeyed.com' sole opinion, neither option is desirable, Cockeyed.com may terminate this license. In such event you agree to immediately cease all use of the Software and to return all copies of the Software to Cockeyed.com in Sacramento, CA 95816, or destroy the disks and Documentation at the direction of Cockeyed.com . THE REMEDIES STATED IN THIS PARAGRAPH ARE YOUR SOLE AND EXCLUSIVE REMEDIES IN THE EVENT OF INFRINGEMENT. IN NO EVENT SHALL COCKEYED.COM OR ANY OTHER ENTITY BE LIABLE FOR ANY OTHER DAMAGES OF ANY KIND WHATSOEVER. The Software is provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the government is subject to restrictions set forth in subparagraphs (c)(1) and (2) of the Commercial Computer Restricted Rights clause at 48 CFR 52.227-19 or in subparagraph (c) (1) (ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, as applicable. Contractor/Manufacturer is Cockeyed.com USA, Sacramento, CA 95816. You may not download or otherwise export or re-export the Software or Documentation or any underlying information or technology except in full compliance with all United States and other applicable laws. THE SOFTWARE AND THE SERVICE ARE PROVIDED "AS IS" AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW COCKEYED.COM, ITS PARENT, AFFILIATES, SUBSIDIARIES, AND LICENSORS MAKE NO WARRANTIES OR OTHER REPRESENTATIONS TO YOU, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR USE, CONFIDENTIALITY, PRIVACY OR TITLE REGARDING THE SOFTWARE OR THE SERVICE, AS APPLICABLE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COCKEYED.COM, ITS PARENT, AFFILIATES, SUBSIDIARIES OR LICENSORS AND ITS AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, REVENUES, PROFITS, INTERRUPTION OF BUSINESS, LOSS OF INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF INABILITY TO ACCESS OR USE THE INTERNET OR ANY PART THEREOF THROUGH THE SOFTWARE OR THE SERVICE OR RELIANCE ON OR USE OF INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON THE INTERNET OR THROUGH USE OF THE SOFTWARE OR THE SERVICE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF INFORMATION, ERRORS, DEFECTS, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE. EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE AND IRRESPECTIVE OF THE NUMBER OF OCCURRENCES OR THE NATURE OF CIRCUMSTANCES. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGE, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. COCKEYED.COM AND ITS LICENSORS' ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY UNDER THIS AGREEMENT SHALL NOT EXCEED THE SUBSCRIPTION AND USAGE CHARGES YOU PAID TO COCKEYED.COM FOR THE SERVICE DURING AN IMMEDIATELY PAST BILLING PERIOD. You understand that you may access both the Internet and particular Cockeyed.com and third-party services on the Internet through the Software. You understand that, except for information, products or services clearly identified as being supplied by Cockeyed.com, neither Cockeyed.com nor any of its affiliates controls any information, products or services on the Internet in any way, and that, except for Cockeyed.com-identified information, products or services, all merchandise, information and services offered or made available or accessible are offered or made available or accessible by third parties who are not affiliated with Cockeyed.com, its parent, affiliates or subsidiaries. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE INTERNET THROUGH THE SOFTWARE AND THE SERVICE. COCKEYED.COM, ITS PARENT, AFFILIATES, SUBSIDIARIES , ITS LICENSORS AND ITS AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS MAKE NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR NON-INFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE, CONFIDENTIALITY OR PRIVACY) WITH REGARD TO THE SERVICE OR ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH ANY COCKEYED.COM SERVICE OR ON THE INTERNET AND THEY SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, TIMELINESS, AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES AND OTHER INFORMATION, AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE PROVIDED ON THE INTERNET. YOU UNDERSTAND FURTHER THAT THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT, ARE UNSUITABLE FOR MINORS OR MAY BE OFFENSIVE TO YOU. YOU ACCESS SUCH MATERIALS AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT COCKEYED.COM HAS NO CONTROL OVER, AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR, ANY MATERIALS OBTAINED FROM OR THROUGH THE COCKEYED.COM SERVICE. While using the Software and the Service, you may not: (i) restrict or inhibit any other user from using and enjoying the Cockeyed.com network, the Service and/or the Internet; (ii) 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; (iii) transmit any information or software which contains a virus or other harmful component; (iv) transmit or in any way exploit any information, software or other material obtained through the Software or the Service for commercial purposes (other than as expressly permitted by the provider of such information, software or other material); (v) transmit or distribute in any way information, software or other material obtained through the Software or the Service which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining the permission of the copyright owner or right holder; (vi) transmit or distribute in any way any component of the Software itself or derivative works with respect thereto; or (vii) effect or participate in any activity in violation of the Cockeyed.com Policy Against Spamming, including, without limitation, mailing multiple unsolicited emails, altering or using misleading or inaccurate subject headers and mail header information, and off-topic postings. Cockeyed.com may change its Policy Against Spamming from time to time and you are responsible for keeping aware of any such changes. In addition to any other available remedies, Cockeyed.com may suspend your access to and/or terminate your account for this Service or any Cockeyed.com service relating to the Internet immediately and without notice (i) if you engage in any conduct or activities that Cockeyed.com, in its sole discretion, believes are for any improper or illegal purpose or a purpose that, in Cockeyed.com' sole discretion, otherwise may compromise the integrity of or abuse the Service, the Cockeyed.com network, third party networks or the Internet generally, (ii) if you do not pay your bill within thirty (30) days after the invoice date, or (iii) if you otherwise violate any of the terms and conditions of this Agreement, including, without limitation, the Cockeyed.com Policy Against Spamming. If Cockeyed.com terminates your account or denies you access to any service, you shall have no right (i) to access through Cockeyed.com any materials stored on the Internet, (ii) to obtain any credit(s) otherwise due to you from Cockeyed.com, and such credit(s) will be forfeited, (iii) to access third-party services, merchandise or information on the Internet through Cockeyed.com, and Cockeyed.com shall have no responsibility to notify any such third parties nor any responsibility for any consequences resulting from lack of notification. If your Service is terminated by Cockeyed.com for conduct or activities described in this paragraph, you agree that you will not thereafter attempt to register for this or a similar service from Cockeyed.com. Cockeyed.com also may collect from you any and all costs (including attorneys' fees and disbursements) it incurs arising out of or resulting from your engagement in any prohibited activity. Cockeyed.com may make its actions taken under this section publicly known, and you hereby release Cockeyed.com and hold it harmless from all claims associated with any such public announcements. Nothing contained in this section shall be construed to limit Cockeyed.com' rights and remedies, and Cockeyed.com hereby reserves all such rights and remedies which may be available to it at law or in equity. You agree to defend, indemnify and hold Cockeyed.com, its parent, subsidiaries, affiliates, and its licensors and its and their officers, directors, employees and agents harmless from any and all liabilities, costs and expenses, including reasonable attorneys' fees and disbursements, related to any violation of this Agreement by you or users of your account, or in connection with the use of the Software, the Service or the Internet or the transmission of any message, information, software or other materials through the Service or the Internet by you or users of your account. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT TOGETHER WITH THE ONLINE TERMS AND CONDITIONS SET FORTH AT HTTP://COCKEYED.COM. IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND COCKEYED.COM AND SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND/OR ANY OTHER COMMUNICATIONS BETWEEN YOU AND COCKEYED.COM RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT. (c) 1999, Cockeyed.com
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