The X Dot Com, Inc., Privacy Policy

The X Dot Com Inc., Privacy Policy

Current Version: 04/16/2005

Acceptance of Terms

Welcome to The X Dot Com Inc.'s suite of websites (including, without limitation, www.thex.com, www.netforces-ltd.com, www.2wiz.net) (singly and collectively, this "Site"). The X Dot Com, Inc., offers various web-based services that allow users to create and update their own weblogs and web journals, including, but not limited to the xBlog service and other services, including, but not limited to NetForces, which allow users to post comments upon weblogs (in this Terms of Use, we refer to the xBlog, NetForces and other The X Dot Com, Inc., services collectively as the "Services"). The Services may be used through a web browser or by the use of downloadable software clients. Please read the following Terms of Use (the "TOU") carefully before using this Site, opening a The X Dot Com, Inc., membership account (an "Account") or using the Services so that you are aware of your legal rights and obligations with respect to The X Dot Com Inc., and its affiliates and subsidiaries (collectively, "we," "us," "our," or "The X"). By using this Site, the Services or the Software, you signify your irrevocable acceptance of this TOU.

Please note that your use of certain Services such as xBlog is subject to additional Terms of Service, and you agree to such additional Terms of Service when you use those Services or create an Account for those Services. You can review the most current version of the Terms of Service for xBlog by clicking here at any time.

The X reserves the right to update and change the TOU from time to time without notice or acceptance by you.

Limited License

The X grants you a limited license to access and use the Site subject to the terms and conditions of this TOU. However, this license does not allow you to make any commercial use or any derivative use of this Site (including any of its individual elements or content), except as may otherwise be permitted herein from time to time.

You may not use, frame or utilize framing techniques to enclose the Site, or any individual element or materials within the Site, including without limitation, The X's trademarks, logos or other proprietary information (including any Materials (defined below), the content of any text, or the layout and design of any page or form contained on a page) without The X's express written consent. Further, you may not use any circumvention tools, meta tags or any other "hidden text" utilizing a The X name, trademark, URL, or product name without the X's express written consent.

When you begin installation of the Software, you will be provided an End User License Agreement. If you accept the End User License Agreement, you will be granted a limited license to install and use the Software subject to its terms and conditions.

Use of Materials

All materials transmitted or published by The X on this Site (including, but not limited to the Software, text, images, forms, logos, graphics, images, audio clips, video clips, photographs, illustrations, video and audio clips, etc.) (collectively, the "Materials") are owned or controlled by The X, its subsidiaries or affiliated companies or a third-party provider, and are protected by United States and international copyright laws.

Any copying, uploading, reproduction, transmittal or redistribution of the Materials which is not in accordance with this TOU is strictly prohibited. Making modifications to the Materials (unless such modifications are allowed through the Site, the Services or the Software) or creating derivative works based on the Materials is prohibited, as is the unauthorized use of the Materials on any networked computer environment or other website.

Additional Requirements to Use this Site and the Services

In order to use the Services, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. You also understand and agree that the Services may include advertisements and that these advertisements are necessary for The X to provide the Services. Unless explicitly stated otherwise, any new features, updates or upgrades that augment or enhance the Software and/or Services, including the release of new The X properties, shall be subject to this TOU and other Terms of Service, as applicable. You agree not to access the Services by any means other than through the interfaces that are provided by The X for use in accessing the Services.

Accounts

Registration

In order to use portions of this Site, the Software and/or the Services, you must register with The X to open an Account. As part of the registration process, you will select a user name and password for your Account. You promise you will not (a) select or use a user name of another person with the intent to impersonate that person; (b) use a name subject to the rights of any other person without authorization; (c) use a user name that The X, in its sole discretion, deems inappropriate or offensive; or (d) breach any representation, warranty or promise made by you in this TOU regarding your Account. Users under 13 years of age are required to have a parent or guardian review and complete the registration process.

You are responsible for maintaining the confidentiality of your user name, password and Account, and are fully responsible for all activities that occur under your password or account You agree to (a) immediately notify The X of any unauthorized use of your password or Account or any other breach of security, and (b) ensure that you exit from your Account at the end of each session. The X cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5. It is your sole responsibility to protect your user name and password and not share your password with any other people. Accordingly, you understand and agree that you shall be liable for any activity performed by any people using the Site, the Software or the Services under your user name and password.

In consideration of use of this Site and the Services, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Services's registration form, and (b) maintain and promptly update your Account information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or The X has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, The X has the right to suspend or terminate your Account and refuse any and all current or future use of this Site, the Software and/or the Services (or any portion thereof).

Registering an Account for certain features of the Services may require the submission of a credit card number as well as other information such as your email address or mailing address.

Termination

You agree The X, in its sole discretion, may terminate your password, and/or Account, and remove and discard any Content within this Site or the Services for any reason, including, without limitation, the lack of use, or if The X believes that you have violated or acted inconsistently with the letter or spirit of this TOU or any additional Terms of Service. Any contracts, verbal or written or assumed, in conjunction with your deleted Content, at The X's discretion, will be terminated as well. The X may also in its sole discretion and at any time, discontinue providing this Site, the Software and/or the Services, or any part thereof, with or without notice. You agree that any termination of your access to this Site, the Software or Service under any provision of this TOU or any additional Terms of Service may be effected without prior notice, and acknowledge and agree that The X may immediately deactivate or delete your Content, as applicable, and all related information and files. The X reserves the right to bar any further access to such files, this Site, the Software or the Services. You agree that The X shall not be liable to you or any third-party for any termination of your access to this Site, the Software or the Services. Paid Accounts that are terminated will not be refunded.

The X Privacy Policy

All user information submitted to register an Account and certain other information about you is subject to our Privacy Policy, the terms of which are incorporated into this TOU by reference.

Content and Conduct Rules and Obligations

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, goods, products, services or other materials ("Content") are the sole responsibility of the person from which such Content originated. This means that you, and not The X, are entirely responsible for all Content that you upload, post, transmit or otherwise make available via this Site or the Services. The X does not control the Content posted via this Site or the Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. The user posting any Content represents that such user has all rights necessary to post such Content without violation of any intellectual property or other rights or any laws or regulations.

You understand that by using this Site or the Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will The X be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available via this Site or the Services. You acknowledge that The X does not pre-screen Content, but that The X and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via this Site or the Services. Without limiting the foregoing, The X and its designees shall have the right to remove any Content that violates this TOU or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by The X or submitted to The X. You acknowledge and agree that The X may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this TOU or any additional Terms of Service; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of The X, its users and the public.

You understand that the technical processing and transmission of the Software and the Services, and Content you have submitted through the Services, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

Should Content be found or reported to be in violation with, but not limited to, the following terms, it will be in The X's sole discretion as to what action should be taken.

You agree that you will not:

upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy (up to, but not excluding any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, or racially, ethnically or otherwise objectionable;
harm minors in any way;
impersonate any person or entity, including, but not limited to, a The X official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party;
upload, post, or transmit unsolicited commercial email or "spam". This includes unethical marketing, advertising, or any other practice that is in any way connected with "spam", such as (a) sending mass email to recipients who haven't requested email from you or with a fake return address, (b) promoting a site with inappropriate links, titles, descriptions, or (c) promoting your site by posting multiple submissions in public forums that are identical;
upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
"stalk" or otherwise harass another;
(l) promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, without limitation, providing instructions on how to assemble bombs, grenades and other weapons or incendiary devices;
offer for sale or sell any item, good or service that (a) violates any applicable federal, state, or local law or regulation, (b) you do not have full power and authority under all relevant laws and regulations to offer and sell, including all necessary licenses and authorizations, or (c) The X determines, in its sole discretion, is inappropriate for sale through the Services provided by The X;
use the Site or the Services as a forwarding service to another website;
Allow usage by others in such a way as to violate these TOU or any additional Terms of Service;
take any steps to interfere with or in any manner compromise any of The X's security measures;
use the Software or this Site for fraudulent purposes;
harvest or collect any information about or regarding other Account holders, including, without limitation, any personal data or information;
sell, lend, lease, trade, rent, barter, sublicense, assign, transfer, or grant rights in any manner to your Account, or password, including, without limitation, on or through the use of any third party web site or service;
copy the Software (other than as provided under United States copyright laws);
remove any proprietary notices from this Site, the Software or any copy thereof;
cause, permit or authorize the modification, creation of derivative works, or translation of this Site or the Software without the express permission of The X;
sell, assign, rent, lease, act as a service bureau, or grant rights in the Software including, without limitation, through sublicense, to any other person or entity;
export or re-export the Software in violation of United States export laws;
attempt to decompile, reverse engineer, disassemble, modify or hack this Site or the Software, or to defeat or overcome any encryption and/or digital rights management technology implemented by The X with respect to this Site, the Software and/or data transmitted, processed or stored by The X, this Site or the Software;
use this Site or the Software for any commercial purpose or for the benefit of any third party or in any manner not permitted by this TOU, or otherwise exceed the scope of the Services that you have signed up for (i.e., by accessing and using the tools that you do not have a right to use).

If any user is reported to be in violation with the letter or spirit of this TOU or any Terms of Service, The X retains the right to terminate such account at any time without further warning.

Additional Software

With respect to any additional Software that may be made available by The X, including in connection with this Site or the Services, if you elect to download or access such additional Software, you understand that you may have to agree to additional terms and conditions before you use such Software.

International Use

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct 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.

Content Submitted

The X does not claim ownership of the Content you upload, place or post through this Site or the Services. By uploading, placing or posting Content through this Site or the Services, you grant The X a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting such Content on The X's Internet properties. This license exists only for as long as you continue to be a The X customer and shall be terminated at the time your Account is terminated. You acknowledge that The X does not pre-screen Content, but that The X and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Services. Without limiting the foregoing, The X and its designees shall have the right to remove any Content that violates this TOU or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

Advertisers

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through this Site or the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that The X shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on this Site or the Services.

Links

This Site or the Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because The X has no control over such sites and resources, you acknowledge and agree that The X 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 The X 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.

Indemnity

You agree to indemnify and hold The X, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any alleged claim or demand, including reasonable attorney fees, made by any third party due to or arising out of your Content, your use of this Site, the Software or the Services, your connection to this Site or the Services, your violation of this TOU or any additional Terms of Service, or your violation of any rights of another, whether you are a registered user or not. The user is solely responsible for his or her actions when using this Site, the Software or the Services, including, but not limited to, costs incurred for Internet access.

Resale of Services

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services without the express permission by The X.

General Practices Regarding Use and Storage

You acknowledge that The X may establish general practices and limits concerning use of this Site, the Software or Services and may modify such practices and limits from time to time.

Modifications to this Site, the Software and the Services

The X reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, this Site, the Software and/or the Services (or any part thereof) with or without notice at any time. You agree that The X shall not be liable to you or to any third party for any modification, suspension or discontinuance of this Site, the Software and/or the Services.

Notification of Copyright Infringement

The X may be required to disclose information to individuals asserting rights under the Digital Millennium Copyright Act, and you expressly authorize The X to comply with any and all lawful notices, subpoenas, court orders or warrants without prior notice to you.

The X will investigate notices of copyright infringement and take appropriate actions. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on or through this Site, please notify The X's Copyright Agent identified below.

Pursuant to Title 17, United States Code, Section 512(c)(3), a notification of claimed infringement must be a written communication addressed to the designated agent as set forth below (the "Notice"), and must include substantially all of the following:

a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed;
a description of the copyrighted work or works that you claim have been infringed ("infringed work") and identification of what material in such work(s) is claimed to be infringing ("infringing work") and which you request to be removed or access to which is to be disabled;
a description of the exact name of the infringing work on this Site (and the location of the infringing work, if it appears on this Site) or if the infringing work appears on a site linked to from this Site where the material that you claim is infringing is located on such site;
information sufficient to permit The X to contact you, such as your physical address, telephone number, and email address;
a statement by you that you have a good faith belief that the use of the material identified in your Notice in the manner complained of is not authorized by the copyright owner, its agent, or the law;
a statement by you that the information in your Notice is accurate and, under penalty of perjury that you are the copyright owner or authorized to act on the copyright owner's behalf.

To reach The X's Copyright Agent for Notice of claims of copyright infringement:

By email:

copyrightagent@thex.com

By mail:

By fax: (407) 330-1938

The Copyright Agent should only be contacted if you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on or through this Site or the Software. The Copyright Agent will not respond to any other inquiries.

The X's Proprietary Rights

You acknowledge and agree that this Site, the Software and the Service may contain proprietary and confidential information that is protected by applicable laws governing intellectual property, proprietary rights and the like. All The X code and specifications, and all other code and specifications for the Software and the operation of the Services, are subject to their express or implied licenses.

Submission of Unsolicited Ideas and Information

The X does not want to receive confidential or proprietary information from you through this Site or by email. Unless otherwise agreed in writing by an authorized The X representative, any material, information or idea you transmit to The X by any means may be disseminated or used by The X or its affiliates without compensation or liability to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. However, this provision does not apply to Content (as defined herein), or to personal information that is subject to our Privacy Policy.

Trademarks

A partial list of U.S. trademarks owned by The X follows. Any questions concerning the use of these trademarks or whether a trademark that does not appear on this list is a trademark of The X should be referred to The X Legal at admin@thex.com. Failure of a mark to appear on this page does not mean that The X does not use the mark nor does it mean that the product is not actively marketed or is not significant within its relevant market. Any trademarks followed by a ® are registered trademarks of The X in the United States; all others are trademarks or common law marks of The X in the United States.

The X
xBlog
NetForces
Logos:

General

Notices to you may be made via either email or regular mail. This Site or the Services may also provide notices of changes to this TOU, additional Terms of Service or other matters by displaying notices or links to notices to you generally on the Services. This TOU and the relationship between you and The X shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You and The X agree to submit to the personal and exclusive jurisdiction of the courts located within Orlando, Florida. The failure of The X to exercise or enforce any right or provision of this TOU shall not constitute a waiver of such right or provision. This TOU and any additional Terms of Service and End User License Agreements, as applicable, constitutes the entire agreement between you and The X and govern your use of this Site, the Software and the Services, superseding any prior agreements between you and The X (including, but not limited to, any prior versions of this TOU). You also may be subject to additional terms and conditions that may apply when you use affiliate or other The X services, third-party content or third-party software. If any provision of this TOU or any incorporated documents are found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this TOU remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site, the Software, the Services or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOU are for convenience only and have no legal or contractual effect.

Violations

Please report any violations of the TOU to our Content Violation Reporting Form.