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Privacy PolicyAs an Application Service Provider ("ASP"), Event Tracker offers its subscribers the means to access and disseminate information. Event Tracker also wants its subscribers to be fully informed of their rights and obligations in connection with their use of the Internet. This Event Tracker ASP Policy, which supplements and explains certain terms of each customer's respective services agreement (the "Service Agreement"), is intended as a plain English guide to those rights and obligations. The fundamental fact about the Internet is that no one - neither Event Tracker nor anyone else - owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use the Internet, both in the information they retain and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that Event Tracker cannot monitor, verify, warrant or vouch for the accuracy and quality of the information that subscribers may acquire. Because Event Tracker cannot monitor and censor the Internet, and will not attempt to do so, Event Tracker cannot accept any responsibility for injury to its subscribers that results form inaccurate, unsuitable or offensive Internet communications. When subscribers disseminate information through the Internet, they also must keep in mind that Event Tracker does not review, edit, censor or take responsibility for any information its subscribers may have Event Tracker publish. This places on subscribers what will be, for most, an unfamiliar responsibility.When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation and other harmful speech. Also, because the information they create is carried over Event Tracker facilities and may reach a large number of people, including both subscribers and nonsubscribers of Event Tracker, subscribers' postings to the Internet may affect other subscribers and may harm Event Tracker's goodwill, business reputation and operations. For these reasons, subscribers violate Event Tracker ASP Policy and the Services Agreement when they, their affiliates or subsidiaries engage in the following activities: 1) Distribution and/or Transmission of Obscene or Indecent Speech or Materials - Violation of indecency and obscenity laws can result in criminal penalties. 2) Defamation - Defamatory speech distributed over the Internet can result in civil liability for the defamer and litigation against the ASP whose facilities were used to distribute the defamatory material. 3) Spamming - Unsolicited, commercial mass e-mailing (known as "spamming") is a strongly disfavored practice among Internet users and service providers. It is particularly harmful not only because of its negative impact on consumer attitudes toward Event Tracker, but also because it can overload Event Tracker's equipment and disrupt service to Event Tracker subscribers. 4) Copyright Violation - Violation of copyrights held by individuals and corporations or other entities can result in civil and criminal liability for the infringer, and can involve the ASP in litigation and possible loss of reputation. 5) Illegal/Unauthorized Access to Other Computers or Networks - The illegal or unauthorized accessing (often known as "hacking") of computers or networks carries potential civil and criminal penalties under both federal laws and the laws of most states. 6) Distribution of Internet Viruses, Worms, Trojan Horses and Other Destructive Activities - Distribution of Internet viruses, worms, Trojan horses and other destructive activities, such as hacking, can result in serious civil and or criminal liability under federal and state law. 7) Export Control Violations - The law limits the ability of persons to export encryption software, over the Internet or otherwise, to points outside the United States. 8) Other Activities, whether lawful or unlawful, that Event Tracker determines to be harmful to its subscribers, operations or reputation, including any activities that restrict or inhibit any other user from using and enjoying the service or the Internet. As we have pointed out, the responsibility for avoiding the harmful activities just described rests primarily with the subscriber. Event Tracker will not, as an ordinary practice, monitor the communications of its subscribers to ensure that they comply with Event Tracker ASP Policy or applicable law. When Event Tracker becomes aware of harmful communications, however, it may take any of a variety of actions. Event Tracker may remove information that violates its policies, implement screening software designed to block offending transmissions, or take any other action it deems appropriate, including termination of a subscriber's contract with Event Tracker. Event Tracker has developed extraordinary security measures to secure data retained on the Event Tracker system, however, Event Tracker can not take any responsibility for the security of communications transmitted over Event Tracker's facilities. Event Tracker will comply fully, however, with all applicable laws concerning the privacy of its subscribers' on-line communications. In particular, Event Tracker will not intentionally monitor or disclose any private electronic mail messages sent or received by its subscribers unless required to do so by law. Event Tracker may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, Event Tracker may be required to disclose information transmitted through its facilities in order to comply with court orders, statutes, regulations or governmental requests. Finally, Event Tracker may disclose information transmitted over its facilities where necessary to protect Event Tracker and its subscribers from harm, or where such disclosure is necessary to the proper operation of the system. Finally, Event Tracker wished to emphasize that in signing the Services Agreement, subscribers indemnify Event Tracker for any violation of the subscriber of the Services Agreement, or of law or Event Tracker policy, that results in loss to Event Tracker or the bringing of any claim against Event Tracker. This means that if Event Tracker is sued because of activities of the subscriber that violate any law, the Services Agreement or the policy (which is part of the Services Agreement), the subscriber will pay any damages awarded against Event Tracker plus costs and reasonable attorneys' fees. We hope the Policy Statement is helpful in clarifying the obligations of ASP Internet users, including Event Tracker and its subscribers, as responsible members of the Internet. Event Tracker wants you to be aware of the following: 1) We use your IP address to help diagnose problems with our server, and to administer our Web site. Your IP address is used to help identify your user session. 2) Our site uses cookies to keep track of your session's information. Contacting the Web Site If you have any questions about this privacy statement, the practices of this site, or your dealings with this Web site, you can contact Event Tracker. Steve Guthman, President
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