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Terms and Conditions for using Smartlinker Thank you for using Smartlinker. By using this service ("Smartlinker"), you agree to be bound by the following terms and conditions. 1. Personal and legitimate uses only Smartlinker is made available to you for your personal, educational and commercial use only (at home, school or at work). You may only create a single account and must provide accurate identification, contact, and other information required as part of the registration process. You may not create any script or other automated tool that attempts to download multiple Smartlinker tools. Furthermore, you may not use inetlinker's services in any manner that either violates any laws (directly or indirectly) or proprietary rights. This includes laws and proprietary rights in the United States as well as in other countries. If you have questions on your contemplated use or if you have comments on Smartlinker or ideas on how to improve it, please use the inetlinker feedback form. Please note that by doing so, you also grant inetlinker permission to use and incorporate your ideas into Smartlinker without compensation. 2. Intellectual property and credit You agree not to remove, obscure, or alter inetlinker's Smartlinker tool, present/future copyright notices, trademarks, interests or other proprietary rights notices affixed to or contained within the Smartlinker. You also acknowledge that inetlinker owns all right, title and interest in and to Smartlinker. This includes rights to the following: (1) the documentation developed and provided by inetlinker, (2) all software associated with Smartlinker, and (3) the hyper linked results provided by Smartlinker. inetlinker currently (02/17/2008) provides Smartlinker free of cost. inetlinker reserves the right to change the terms of service, without having to inform partners or customers before hand. Smartlinker cannot be hosted on a public/private domain from where it can be freely downloaded by others. It can be hosted only at the www.inetlinker.com server. 3. Disclaimer of warranties All of the information, instructions on the inetlinker web site are offered on a strictly "as is" basis. Accordingly, inetlinker disclaims any responsibility for any harm resulting from your use of Smartlinker. Smartlinker is provided "as is," with no warranties whatsoever. inetlinker expressly disclaims to the fullest extent permitted by law all express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. inetlinker disclaims any warranties regarding the security, reliability, timeliness, availability, and performance of Smartlinker. You understand and agree that you use the Smartlinker tool at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that results from the download or use of Smartlinker. Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. You may also have other rights that vary from state to state and jurisdiction to jurisdiction. 4. Limitation of liability Smartlinker is being provided free of charge. Accordingly, you agree that inetlinker shall have no liability arising from or based on your use of the Smartlinker tool. Under no circumstances shall inetlinker be liable to any user on account of that user's use or misuse of the Smartlinker tool. Such limitation of liability shall apply to prevent recovery of direct, indirect, incidental, consequential, special, exemplary, and punitive damages whether such claim is based on warranty, contract, tort (including negligence), or otherwise, even if inetlinker has been advised of the possibility of such damages). Such limitation of liability shall apply whether the damages arise from use or misuse of and reliance on Smartlinker, from inability to use Smartlinker, or from the interruption, suspension, or termination of Smartlinker (including such damages incurred by third parties). Such limitation shall apply notwithstanding a failure of essential purpose of any limited remedy and to the fullest extent permitted by law. Some states or other jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations and exclusions may not apply to you. 5. Indemnification You hereby agree to indemnify, defend and hold inetlinker, and its officers, directors, agents, licensors and licensees harmless from and against any and all liability and costs incurred by the aforementioned in connection with any claim arising out of your use of Smartlinker, including, without limitation, reasonable attorneys' fees. You shall cooperate as fully as reasonably required in the defense of any claim. inetlinker reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. 6. Term and termination If you wish to terminate this Agreement, you may simply cease using Smartlinker. In such a case, you must remove the hyperlinking gained from Smartlinkerfrom all your documents,and any relevant information that you may have obtained from Smartlinker Service. inetlinker may terminate this Agreement (and your account) at any time, with or without cause. 7. Other arrangements These Terms and Conditions will be governed by and construed in accordance with the laws of the State of California, without giving effect to the conflict of laws or provisions of California or your actual state or country of residence. Any dispute arising from these Terms and Conditions shall be adjudicated in the federal or state courts located in the county of San Mateo, California. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms and Conditions to be unenforceable, the remainder of these Terms and Conditions will continue in full force and effect. These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms and Conditions will be effective only if in writing and signed by inetlinker.
I have read the terms and conditions.
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