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Please read this Agreement carefully before accessing the
Classifieds. As a condition to and in consideration of receiving and
accessing the Classifieds, the User agrees to be bound by the terms of
this Agreement. Use of or access to the Classifieds shall constitute
acceptance of and agreement to be bound by this Agreement. IF YOU DO NOT
WISH TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS THE Classifieds. If
you have any questions about this Agreement, please contact us via
e-mail at NotifyClass@HometownNewsOL.com.

Classifieds Access Agreement

THIS
AGREEMENT "Agreement" is entered into by and between Hometown News
Classifieds and any individual, corporation, association, agency,
company, or other entity who accesses or uses the Classifieds (the
"User" or "you").

The Classifieds, which is
provided without charge to you, is a World Wide Web site on the
Internet that is designed to allow users to post ads and/or to view ads
posted by other users or interact with those users. The Classifieds is
owned and operated by Hometown News Classifieds. The Classifieds
contains or may contain information, communications, opinions, text,
graphics, links, electronic art, animations, audio, video, software,
photos, music, sounds and other material and data (collectively,
"Content") formatted, organized and collected in a variety of forms that
are generally accessible to Users, including directories and databases,
and areas of the Classifieds that can be modified by Users, such as
posting ads, uploading multimedia files, registering user profiles, and
creating Auto-Notify profiles ("Interactive Areas").
1. User Rights and Responsibilities
1.1 Access to the Classifieds.
You
are responsible for providing all hardware, software, telephone or
other communications equipment and/or service to connect to the Internet
and access the Classifieds and are responsible for all Internet access
charges, telephone charges or other fees or charges incurred in
connecting to the Internet and accessing the Classifieds.
1.2 User Conduct.
You
agree to access and use the Classifieds only for lawful purposes. You
are solely responsible for the knowledge of and adherence to any and all
laws, statutes, rules and regulations, pertaining to (i) your use of
the Classifieds, including any Interactive Area, (ii) the use of any
networks or other services connected to the Classifieds, and (iii) the
communications means by which you connect your modem, computer, or other
equipment to the Classifieds. By accessing the Classifieds, you agree
that you will not:

    (1) restrict or inhibit any other user from using and enjoying the Interactive Features;

 
  (2) post or transmit any unlawful, threatening, abusive, libelous,
defamatory, obscene, vulgar, pornographic, profane, or indecent
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;

   
(3) post or transmit any information, software, or other material which
violates or infringes in the rights of others, including material which
is an invasion of privacy or publicity rights or which is protected by
copyright, trademark or other proprietary right, or derivative works
with respect thereto, without first obtaining permission from the owner
or right holder.

    (4) post or transmit any information, software or other material which contains a virus or other harmful component;

 
  (5) alter, damage or delete any Content or other communications that
are not your own Content or to otherwise interfere with the ability of
others to access the Classifieds;

    (6) disrupt the normal flow of communication in an Interactive Area;

 
  (7) claim a relationship with or to speak for any business,
association, institution or other organization for which you are not
authorized to claim such a relationship;

    (8) violate any operating rule, policy or guideline of your Internet access provider or online service. 

2. Intellectual Property Rights
2.1 Classifieds content.
(a)
You acknowledge that Content on the Classifieds is generally provided
by the Classifieds, individual contributors of Content ("Contributors"),
third party licensees, and/or other Users. You acknowledge that the
Classifieds permits access to Content that is protected by copyrights,
trademarks, and other proprietary (including intellectual property)
rights ("Intellectual Property Rights"), and that these Intellectual
Property Rights are valid and protected in all media existing now or
later developed and except as is explicitly provided below, your use of
Content shall be governed by applicable copyright and other intellectual
property laws. You acknowledge that the Classifieds owns a copyright in
the "look and feel," i.e., the selection, coordination, arrangement and
presentation of such Content.

(b) You may
not modify, copy, reproduce, transmit, distribute, publish, create
derivative works from, display or otherwise transfer or commercially
exploit any of the Content, in whole or in part, provided, however, that
you may (i) make a reasonable number of digital or other form of copies
to permit your computer hardware and software to access and view the
Content, (ii) print one copy of each piece of Content, (iii) make and
distribute a reasonable number of copies of Content, in whole or in
part, in hard copy or electronic form for internal use only. Any
permitted copies of Content must reproduce in an unmodified form any
notices contained in the Content, such as all Intellectual Property
Right notices, and an original source attribution to "The Classifieds"
and its URL address. You acknowledge that the Classifieds, its
Contributors, and/or Users remain the owners of the Content and that you
do not acquire any Intellectual Property Rights by downloading or
printing Content.

2.2 Content Provided by User.
You
may upload to any Interactive Area or otherwise transmit, post,
publish, reproduce or distribute, on or through the Classifieds only
Content that is not subject to any Intellectual Property Rights, or
Content in which any holder of Intellectual Property Rights has given
express authorization for distribution over the Internet and on the
Classifieds, without restriction whatsoever. Any Content submitted with
the consent of a copyright owner other than you should contain a phrase
such as "Copyright owned by [name of owner]; Used by Permission." By
submitting Content to any Interactive Area, you automatically grant
and/or warrant that the owner of such Content, whether it be You or a
third party, has expressly granted to the Classifieds the royalty-free,
perpetual, irrevocable, non-exclusive, unrestricted, worldwide right and
license to use, reproduce, modify, adapt, publish, translate, create
derivative works from, sublicense, distribute, perform, and display such
Content, in whole or in part, worldwide and/or to incorporate it in
other works in any form, media, or technology now known or later
developed for the full term of any Intellectual Property Rights that may
exist in such Content. You also permit the Classifieds to sublicense to
third parties the unrestricted right to exercise any of the foregoing
rights granted with respect to such Content. You also permit any User to
access, view, store and reproduce the Content for personal use.
3. Interactive Areas
You
acknowledge that the Classifieds may include various interactive areas
("Interactive Areas"), including but not limited to ads. These
Interactive Areas allow feedback to the Classifieds and real-time
interaction between users. You further understand that the Classifieds
does not control the messages, information, or files delivered to such
Interactive Areas and that the Classifieds may offer you and other Users
the capability of creating and managing an Interactive Area. However,
neither the Classifieds, its subsidiary and parent companies, or
affiliates, nor their respective directors, officers, employees and
agents are responsible for Content within any Interactive Area. Your use
and/or management of an Interactive Area will be governed by this
Agreement and any additional rules or operating procedures of any
Interactive Area established by you or another User, as applicable. You
recognize that the Classifieds cannot, and does not intend to, screen
communications in advance. Moreover, because the Classifieds encourages
open and candid communication in the Interactive Areas, the Classifieds
cannot determine in advance the accuracy or conformance to this
Agreement of any Content transmitted in an Interactive Area. The
Classifieds is not responsible for screening, policing, editing,
reviewing or monitoring any Content in an Interactive Area.
Notwithstanding the above, you agree that the Classifieds has the right
to monitor any Interactive Area, from time to time and to disclose any
information as necessary to satisfy any law, regulation or other
governmental request, to operate the Interactive Area, or to protect
itself or other Users. If notified of Content that is alleged not to
conform to this Agreement, the Classifieds may investigate the
allegation and determine in its sole discretion whether to remove or
request the User to remove such Content. The Classifieds reserves the
right to prohibit conduct, communication or Content within an
Interactive Area, or to edit, refuse to post, or to remove any Content,
in whole or in part, which it deems in its sole discretion to (i)
violate the then-standard provisions of this Agreement or any other
standard, written Classifieds policy in effect at that time, (ii) be
harmful to the rights of any User, the Classifieds, or other third
parties, (iii) violate applicable law, or (iv) be otherwise
objectionable.
4. Termination
The only right
with respect to dissatisfaction with any policies, guidelines, or
practices of the Classifieds in operating the Classifieds, or any change
in Content, is for you to discontinue accessing the Classifieds. The
Classifieds may terminate or temporarily suspend your access to all or
any part of the Classifieds, without notice, for conduct that the
Classifieds believes is a violation of this Agreement or any policies or
guidelines posted by the Classifieds, or for other conduct which the
Classifieds believes, in its sole discretion, is harmful to the
Classifieds or other Users. The Classifieds may discontinue operating
the Classifieds and terminate this Agreement without notice at any time
for any reason in its sole discretion. In the event of termination, you
are no longer authorized to access the Classifieds, including the
Interactive Areas, and the restrictions imposed on you with respect to
Content downloaded from the Classifieds, as well as the disclaimers and
limitations of liabilities set forth in this agreement, shall survive.
5. Links; Disclaimers Of Warranties; Limitations of Liability
5.1
Links. You understand that except for Content, products or services
expressly available at the Classifieds, neither the Classifieds, its
subsidiary and parent companies, or affiliates, or their respective
directors, officers, employees, and agents controls, provides, or is
responsible for any Content, goods or services available through sites
on the Internet linked to or from the Classifieds. All such Content,
goods and services are made accessible on the Internet by independent
third parties and are not part of the Classifieds or controlled by the
Classifieds. The Classifieds neither endorses nor is responsible for the
accuracy, completeness, usefulness, quality or availability of any
Content, goods or services available on any site linked to or from the
Classifieds, which are the sole responsibility of such independent third
parties, and your use thereof is solely at your own risk. Neither the
Classifieds, its subsidiary and parent companies, or affiliates, or
their respective directors, officers, employees, and agents shall be
held responsible or liable, directly or indirectly, for any loss or
damage caused or alleged to have been caused by your use of or reliance
on any Content, goods or services available on any site linked to or
from the Classifieds or your inability to access the Internet or any
site linked to or from the Classifieds.

5.2
Disclaimer of Warranties. Please use your best judgment in evaluating
all information contained or opinions expressed on the Classifieds. It
is the policy of the Classifieds not to endorse or oppose any opinion
expressed by a User or Content provided by a User, Contributor, or other
independent party. YOU EXPRESSLY AGREE THAT YOUR USE OF THE Classifieds
IS AT YOUR SOLE RISK. NEITHER THE Classifieds NOR ANY OF ITS SUBSIDIARY
AND PARENT COMPANIES, OR AFFILIATES, OR THEIR RESPECTIVE DIRECTORS,
OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, AFFILIATES, LICENSORS OR OTHER
SUPPLIERS PROVIDING CONTENT, DATA, INFORMATION OR SERVICES WARRANTS
THAT THE Classifieds OR ANY INTERNET SITE LINKED TO OR FROM THE
Classifieds WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE
CORRECTED, OR THAT THIS SITE, INCLUDING THE INTERACTIVE AREAS, OR THE
SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. NOR DO ANY OF THEM MAKE ANY WARRANTY AS TO THE RESULTS THAT
MAY BE OBTAINED FROM THE USE OF THE Classifieds OR ANY INTERNET SITE
LINKED TO OR FROM THE Classifieds OR AS TO THE TIMELINESS, SEQUENCE,
ACCURACY, AUTHORITY, COMPLETENESS, USEFULNESS, NONINFRINGEMENT,
RELIABILITY, AVAILABILITY, OR SUBSTANCE OF ANY CONTENT, INFORMATION,
SERVICE, OR TRANSACTION PROVIDED THROUGH THE Classifieds OR ANY SITE
LINKED TO OR FROM THE Classifieds. THE Classifieds IS PROVIDED ON AN "AS
IS," "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

5.3
Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL THE Classifieds,
ITS SUBSIDIARY AND PARENT COMPANIES, OR AFFILIATES, OR THEIR RESPECTIVE
DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSORS, BE
LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES UNDER OR
ARISING FROM THIS AGREEMENT, THE Classifieds, OR ANY INTERNET SITE
LINKED TO OR FROM THE Classifieds, WHETHER FOR BREACH OF CONTRACT,
TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION,
INCLUDING WITHOUT LIMITATION, ANY LIABILITY FOR DAMAGES CAUSED OR
ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION,
INTERRUPTION, ELECTRICAL SURGE/DAMAGE/INTERFERENCE, DELETION, DEFECT,
DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATIONS LINE
FAILURE, BREAKDOWN OF EQUIPMENT, SOFTWARE ERROR, INFRINGEMENT,
UNAUTHORIZED ACCESS TO, OR THEFT, DESTRUCTION, ALTERATION, OR USE OF,
RECORDS.

UNDER NO CIRCUMSTANCES SHALL THE
Classifieds, ITS SUBSIDIARY AND PARENT COMPANIES, OR AFFILIATES, OR
THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, OR
LICENSORS, BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY DECISION
MADE OR ACTION TAKEN BY YOU IN RELIANCE ON THE CONTENT CONTAINED WITHIN
THE Classifieds OR THE CONTENT CONTAINED WITHIN ANY INTERNET SITE LINKED
TO OR FROM THE Classifieds. THE CONTENT WITHIN THE Classifieds AND THE
CONTENT WITHIN INTERNET SITES LINKED TO OR FROM THE Classifieds MAY
INCLUDE TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES
ARE PERIODICALLY ADDED TO THE CONTENT HEREIN; THESE CHANGES WILL BE
INCORPORATED IN NEW VERSIONS OF THE Classifieds AND SPECIFICALLY ARE
INCLUDED IN THIS SECTION AGREEMENT. THE Classifieds AND ITS CONTRIBUTORS
MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE CONTENT AT ANY TIME AND
FROM TIME TO TIME.

YOU SPECIFICALLY
ACKNOWLEDGE AND AGREE THAT THE Classifieds IS NOT LIABLE FOR ANY
DEFAMATORY, OFFENSIVE, FRAUDULENT, OR OTHERWISE ILLEGAL CONDUCT OF ANY
USER. IF YOU ARE DISSATISFIED WITH ANY Classifieds SITE CONTENT, OR WITH
THE ACCESS AGREEMENT OF THE Classifieds, IN WHOLE OR IN PART, YOUR SOLE
AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Classifieds.
6. Indemnity
You
agree to indemnify and hold the Classifieds, its parent or subsidiary
companies and their affiliates, and their respective directors,
officers, employees, and agents from any and all liabilities, claims and
expenses, including reasonable attorneys fees, arising from breach of
this Agreement, any other policy, your use or access of the Classifieds
or any Internet site linked to or from the Classifieds, or in connection
with the transmission of any Content on the Classifieds.
7. Miscellaneous
This
Agreement comprises the entire agreement between the Classifieds and
you, and supersedes any prior agreements with respect to the subject
matter herein. The Classifieds may revise this Agreement or any other
policy at any time and from time to time, and such revision shall be
effective two (2) days upon posting notice of such revision prominently
on the Classifieds. You agree to review this Agreement periodically to
be aware of such revisions. If any such revision is unacceptable to you,
you must discontinue accessing the Classifieds. Your continued
accessing and use of the Classifieds following notice of any such
revision shall conclusively be deemed acceptance of all such revisions.
The provisions of Sections 1.2, 2.1, 2.2, 5.1, 5.2, 5.3, 6 and 7 shall
survive the termination or expiration of this Agreement. If any
provision of this Agreement or any other policy be held invalid or
unenforceable, that portion shall be construed in accordance with
applicable law as nearly as possible to reflect the original intention
of the parties and the remaining portions will continue in full force
and effect. The failure of the Classifieds to insist upon or enforce
strict performance of any provision of this Agreement shall not be
construed as a waiver of any provision or right. This Agreement shall be
governed by the laws of the state or province of domicile of the
Classifieds, excluding its conflict of laws rules, and you and the
Classifieds each submit to the exclusive jurisdiction of the courts of
that state or province. This Agreement is personal to you and you may
not assign your rights or obligations thereunder to anyone. All logos,
brand names, products, trademarks and service marks appearing herein may
be the trademarks or service marks of their respective owners.
References to any trademark, service mark and links to or from the
Classifieds have been done strictly for clarification and identification
and does not constitute endorsement by the Classifieds of the products,
services or information offered by the owner of such trademark, service
mark or link or endorsement of the Classifieds by such trademark,
service mark or link owner.