The BookmarkTracker.com site and related services (the "Site" and/or "Services") are provided by BookmarkTracker.com, Inc. ("BookmarkTracker.com") to you ("You") under the terms and conditions of this Terms of Use Agreement (this "Agreement").

BY COMPLETING THE REGISTRATION PROCESS, YOU REPRESENT AND WARRANT THAT YOU: (i) ARE AUTHORIZED TO SIGN FOR AND BIND THE CONTRACTING PARTY AND (ii) AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH BELOW. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY:

DESCRIPTION OF SERVICE. The BookmarkTracker.com Service allows a registered user ("User") to save Web page addresses by submitting the pages ("Bookmarks") to BookmarkTracker.com (the "site") through the Web site and related software. A user can navigate the content on the site or search for the content through a search engine. BookmarkTracker.com saves the Bookmarks and provides the user access to their bookmarks from any Internet connection. BookmarkTracker.com also provides members and the general public, access to all bookmarks submitted by the community of users, provided that the bookmarks have been stripped of personally identifiable information (If requested by the User) and the user has elected to share his/her bookmarks with the community and/or general public. BookmarkTracker.com provides tools to allow users to manage their collections of bookmarks.

1. REGISTRATION


To subscribe to the Site, You must complete the BookmarkTracker.com registration screen. As part of the registration process for the Site, You agree to: (1) provide certain limited information about you, as prompted to do so, by the Service (such information to be current, complete and accurate) and (2) maintain and update this information as required to keep it current, complete and accurate. BookmarkTracker.com reserves the right to refuse the Service to any user.


2. PROPRIETARY RIGHTS


Copyright 2001 BookmarkTracker.com, Inc. All Rights Reserved.

All pages within the Site are the property of BookmarkTracker.com, Inc. Permission (which may be revoked at any time) is granted to download the material on the Site for private, non-commercial use only, without alterations. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material from the Site.


3. SERVICE


(a) You select a unique User Name and Password during the registration process that will identify your user account ("Account"). You agree to carefully safeguard Your Password and User Name and You are solely responsible for any and all activities that occur under your account. You agree to immediately notify BookmarkTracker.com if, at any time, Your Password or User Name is, or believed to have been, compromised in any way.

(b) You understand and agree that unless expressly stated, BookmarkTracker.com in no way reviews, controls, examines, verifies or endorses any of the information contained on or in the Site.


4. USER CONDUCT


(a) You agree not to resell the use of the Service or other materials or any information obtained by You without the express written consent of BookmarkTracker.com.(b) Your use of the Service is subject to all applicable local, state, national and international laws and regulations (including without limitation those governing account collection, export control, consumer protection, unfair competition, anti-discrimination or false advertising). (c) You also agree to: (1) to comply with all laws, rules and other regulations applicable in connection with the Service; (2) not to interfere or disrupt networks connected to the Service; (3) not to use the Service to infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (4) not to use or transmit through the Service any fraudulent, unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable or harmful information or material of any kind or nature; (5) Restrict or inhibit any other member from using and enjoying the Site; (6) Post or transmit any information or software that contains a virus, worm, time bomb, Trojan horse, or other harmful or disruptive component; (7) Transmit chain letters, junk or bulk email or spam (commercial or otherwise); (8) Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Site;

BookmarkTracker.com has no obligation to monitor the Site, however you acknowledge and agree to give BookmarkTracker.com the right to monitor the site in order to operate the site, protect itself, its users, customers and sponsors, or to comply with legal obligations or government requests. BookmarkTracker.com reserves the right to take any action necessary to remove or modify Your collection that BookmarkTracker.com, in its sole discretion, believes may violate the rights of others, these rules or any applicable laws.


5. TERMINATION


Your membership and right to use the Service may be immediately terminated by BookmarkTracker.com if (a) You breach this Agreement, (b) BookmarkTracker.com decides, in its sole discretion, to discontinue offering the Service. BookmarkTracker.com shall not be liable to anyone for termination of the Service.

If you wish to terminate your account, your only recourse is to delete all your Bookmarks and discontinue use of the account. In addition, BookmarkTracker.com reserves the right to terminate your account for inactivity, which is defined as failing to log into the Site for 6 or more months. Currently, BookmarkTracker.com has not executed this policy of terminating accounts for inactivity, but it may be executed in the future. The definition of inactivity can change at any time without notice, but will never be less than a period of 3 months. Upon termination of your account, your right to use the Site immediately ceases, and BookmarkTracker.com shall have no obligation to maintain any content in your account or your account itself.


6. INDEMNIFICATION


You agree to, at your expense, indemnify, defend and hold BookmarkTracker.com, its sponsors and customers harmless from and against any and all claims, damages, losses, costs, liabilities or other expenses (including attorney's fees and disbursements) that arise directly or indirectly out of or from (a) your breach of this Agreement, (b) your violation of the Code of Conduct above; (c) your activities in connection with the Site; (d) a third-party claim, action or allegation of infringement based on information, data, Content or other content submitted by You; (e) any fraud or manipulation; (f) any third-party claim, action or allegation brought against BookmarkTracker.com, Inc. arising out of Your use of the Site or Services.


7. WARRANTY INFORMATION


YOU EXPRESSLY AGREE THAT USE OF THE SOFTWARE, SERVICES AND/OR ANY GRAPHICS OR OTHER CONTENT YOU DOWNLOAD FROM THE BOOKMARKTRACKER.COM SITE IS AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH SOFTWARE, SERVICES AND/OR ANY GRAPHICS OR OTHER CONTENT. THE SOFTWARE, SERVICES AND/OR ANY GRAPHICS OR OTHER CONTENT YOU DOWNLOAD FROM THE BOOKMARKTRACKER.COM SITE ARE PROVIDED ON AN "AS IS" BASIS.

BOOKMARKTRACKER.COM, ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER BOOKMARKTRACKER.COM, NOR ITS LICENSORS OR SUPPLIERS MAKE ANY WARRANTY THAT THE SOFTWARE, SERVICES AND/OR ANY GRAPHICS OR OTHER CONTENT YOU DOWNLOAD FROM THE BOOKMARKTRACKER.COM SITE WILL MEET YOUR REQUIREMENTS, OR THAT THE SOFTWARE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES BOOKMARKTRACKER.COM, ITS LICENSORS OR SUPPLIERS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.


8. LIMITATION OF LIABILITY


IN NO EVENT SHALL BOOKMARKTRACKER.COM, NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS, CUSTOMERS OR SPONSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SOFTWARE, SERVICE, AND/OR ANY GRAPHICS OR OTHER CONTENT, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, EVEN IF BOOKMARKTRACKER.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER BOOKMARKTRACKER.COM SHALL HAVE NO LIABILITY TO YOU OR OTHER THIRD PARTIES FOR ANY THIRD PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE SITE IS TO STOP USING THE SITE

It is possible that the site could be compromised or include inaccuracies or errors. Additionally, it is possible that unauthorized access might be gained by third parties (such as hackers). BookmarkTracker.com attempts to ensure that unauthorized access is not gained by third parties, but makes no guarantees whatsoever as to its completeness, correctness or accuracy. If you suspect any unauthorized access, please report it to BookmarkTracker.com immediately.


9. MODIFICATIONS


BookmarkTracker.com may amend this Agreement at any time by (i) posting a revised Terms of Service document on the site, and/or (ii) sending information regarding the amendment to the Agreement to the email address You provide at registration. You are responsible for regularly reviewing the site to obtain timely notice of such amendments. Any continued use of the Software or Service by You after such amended terms have been posted or information regarding such amendment has been sent to You, shall be deemed your consent and agreement to such amended terms. Otherwise, this Agreement may not be amended except in writing signed by both parties.


10. LINKS TO THIRD PARTY SITES


Any links included within the Service may permit You to leave the BookmarkTracker.com Web site. These linked sites are not under the control of BookmarkTracker.com and BookmarkTracker.com shall not be responsible for the contents of any linked site or any link contained in a linked site. All such sites shall be subject to the policies and procedures of the owner of such site.


11. SUBMISSIONS


You acknowledge that any Bookmarks or Folders which you have granted access to other users and/or the general public can be viewed freely by other members of the Site and the general public. Further you acknowledge that if you grant permission to other members to alter the content of your folders they will be able to so. You agree to hold BookmarkTracker.com harmless from any liability arising from any alterations by you or anyone else granted access to make alterations even if unauthorized by you.


12. MISCELLANEOUS


In order to comply with the Children's Online Privacy Protection Act of 1998, BookmarkTracker.com will not accept registrations from users, who are under 13 years of age. By subscribing to the BookmarkTracker.com service, you represent and warrant that you are 13 years of age or older.

Because of the global nature of the Internet, you agree to comply with all local rules regarding User conduct on the Internet 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.