DISCLAIMER For Dial-Up Accounts

You agree that you are responsible for your own communications and for any consequences thereof. You agree to use the Chat area only to send and receive messages and material that are legal, proper and related to the particular group. By way of example, and not as a limitation, you agree that when using a Chat area, you will not:
1. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
2. Publish, post, upload, distribute or disseminate or offer to do the same (hereinafter "Post") any inappropriate, defamatory, infringing, obscene, or unlawful material or information.
3. Post any material that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party (the "Rights"), unless you are the owner of the Rights or have the permission of the owner to post or transmit such material.
4. Post any files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
5. Advertise or offer to sell any goods or services for any commercial purpose, other than in Communities intended for such uses.
6. Conduct or forward surveys, contests, pyramid schemes or chain letters, other than in Communities intended for such uses.
7. Impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is Posted.
8. Restrict or inhibit any other user from using and enjoying the Chat areas.

PRIVACY:
You acknowledge that all Chat areas are public and not private communications, and that therefore others may read your communications without your knowledge. Always use caution when giving out any personally identifying information about yourself or your children in any area.

WARNING TO PARENTS

Chat is an open community that is not strictly monitored. Before using our chat services, you should make sure you read all of the documentation available and understand the risks and responsibilities involved. Parents wishing to implement controls on their children's Internet usage should visit our Child Protection page and consider implementing one of the security tools offered there.

We have also established here some additional Guidelines that we hope will increase your enjoyment of our service. We may update these guidelines from time to time.

* Rules for Web Pages, Chat, and Picture Posting
* Commercial Use
* Kids' Guidelines
* Self-Governance
* Violations

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Rules for Web Pages, Chat, and Picture Posting

1. You are solely and totally responsible for the content on your Web pages and the content that you post to newsgroups or in chat rooms. We will not systematically review that content, but we have discretion to block access to your pages, delete postings or suspend your account if the content violates the Terms and Conditions.

2. A word on copyright infringement: In the early days of the Internet, content was "free" to all, available to be shared. Although there are parts of the Net that are still that way, other sites now include copyrighted material. Copyrighted material is the property of the owner and the owner can take you to court if you make a digital copy (say, on your personal home page) without permission. Often you may see the mark © indicating a copyrighted work, but the material does not have to be marked to be entitled to copyright protection.

Third parties can similarly own and legally restrict your copying of trademarks, photographs, and other "intellectual property."

So, please stick to images that you know you can use without infringing someone else's rights to that content. When in doubt, seek the permission of the owner.

3. If you wish to include your e-mail address on your page, please be aware that Web crawlers can visit your page, pull the e-mail address and proceed to use it in mass e-mailings.

4. Keep a copy of your page either on your hard drive or on a disk for any possible future changes or revisions.

5. Web pages do come to our attention, and we may investigate and act on member complaints of violation of our guidelines. eMallsAmerica, Inc. reserves the right to respond as it deems appropriate to member complaints regarding offensive material, including the display of nudity or pornographic material of any kind; adult content, or material that exploits children under 18 years of age or is offensive to minors. Any member can submit a complaint by simply sending an e-mail with the page URL and description of the violation to abuse@KwikIT.com. An abuse process is in place to handle any illegal activity.

6. eMallsAmerica, Inc. reserves the right to implement automatic means of filtering out undesirable content as well as user rating systems so that blocking software may effectively filter out content.

7. Please refrain from using your Web Pages, Chat, or Picture Posting sessions for the following activities:

* Don't use your page (or directory) as storage for remote loading;
* Do not develop Web pages or session posts that consist of hyperlinks to content which resides on our servers;
* Don't harass anyone;
* Don't use sexually explicit material in conversations or nicknames
* Don't post or disclose any personally identifiable information belonging to children. Children and teens should be especially careful not to give anyone personal information about themselves such as real name, phone, address, city, URL, age, gender, or e-mail ID.
* Don't impersonate anyone else. Do not impersonate in a chat any person.
* Don't be disruptive. Don't participate in any activity that disrupts the normal delivery of our Chat service. Do not post or use computer programs that contain destructive features, such as viruses, Trojan horses, worms, or others. eMallsAmerica, Inc. discourages disruptive conduct such as persistent off-topic comments in a topic-oriented conference, statements that incite others to violate our guidelines or terms, or the physical act of "scrolling" (repeatedly hitting the Return key) in a chat area. The use of pop-ups that are excessively long and the use of pop-ups or sound waves in a repetitive manner that is disruptive to the conversation in a room are not allowed. Do not invite others to visit Web sites with content that violate our standards and are subject to action by eMallsAmerica, Inc..
* Don't participate in any unauthorized commercial activity.

8. Although we encourage you to participate in as many areas as you have interest in, we request that you do not post the same Web page in multiple areas. Post Web pages that fit the area and only once in any one area. Please familiarize yourself with the Terms & Conditions dealing with spam.

eMallsAmerica, Inc. reserves the right to use content from Web pages or Chat postings, or images of member pages, for promotional and other commercial purposes.

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Commercial Use Guidelines
You may not use your Web pages for commercial use. They are for personal use only. You may include some business information on your Web pages, subject to the following:

Business Information Includes:
Information about a for-profit activity (yours or someone else's) if you stand to gain financially, either directly or indirectly, from publishing that information. For example, a purely personal recommendation about your favorite product or place is not "commercial" information. Information about a product or service that you sell would be.

Business may not be the main purpose of your Web pages.

Rules for Business Information:
eMallsAmerica, Inc. does not endorse or guarantee any product or service mentioned on your Web pages and you may not state or imply any such endorsement or guarantee.

You may not include any business information that involves:
o Displaying banners for services that provide cash or cash-equivalent prizes to users in exchange for hyperlinks to their Web sites.
o Promoting or participating in marketing or pyramid schemes. We strongly recommend you review the information provided by the Federal Trade Commission regarding money-making schemes.
o Conducting raffles or contests that require any type of entry fee

The eMallsAmerica, Inc. Terms and Conditions continues to apply to any business information you put on your pages and your use of the eMallsAmerica, Inc. Service to create, edit, and publish business information. You are solely responsible for the content on your pages, including any commercial information. eMallsAmerica, Inc. does not assume responsibility for any loss, damage, or cost due to your use or inability to use the Service, including any inability of others to view your pages. Please refer to the Terms and Conditions for details.

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS eMallsAmerica, Inc. AND THIRD PARTIES WHO CONTRIBUTE TO THE SERVICE FROM ANY LOSS, DAMAGE, OR COST (INCLUDING ATTORNEY'S FEES) RESULTING FROM YOUR VIOLATION OF THESE RULES, ANY ACTIVITY RELATED TO YOUR WEB PAGES, OR ANY PRODUCT, SERVICE, OR INFORMATION DESCRIBED OR INCLUDED ON YOUR PAGES OR OTHERWISE POSTED BY YOU ON THE SERVICE.

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Kids' Guidelines
These additional guidelines are designed to keep the Kids safe:

Parents, please remind your children that the whole world can see Web pages they publish on the Internet. Make sure your children do not publish any information you would not want a stranger to know, such as age, gender, e-mail address, last name, address, city, school they attend, or any telephone numbers for themselves, family members, relatives, or friends.

If you target children for the collection of personally identifiable information, we strongly recommend you follow the guidelines provided by the Federal Trade Commission. See our Keeping Kids Safe page for more information.

Please refrain from using your "Kids" Web page for any the following activities:
o Use of profanity or vulgar language on your Web pages, member name, or directory listing;
o Display of images of semi-clothed people, any nudity, or material inappropriate for children;
o Display of links to any content not allowed on eMallsAmerica, Inc. servers;
o If you ever identify content that violates our guidelines or terms, please contact abuse@kwikit.com immediately.
o We strongly recommend that you do not allow your children to put up personal Chat pages, unless the pages are password-protected and you are able to monitor your child's use of these features on a regular basis.

 

Self Governance
We encourage you to shape this community with other members. In the real world, you might talk with your neighbors about issues that concern you in your building, street, school, or town. You might become involved in community activities, planning, or government. If someone on your street is noisy or offensive to others, you might get together with neighbors and collectively decide what to do. You would contact the police if someone broke into your house, or committed a crime.

We hope our members will act responsibly in their virtual community, as they would in their own neighborhood.

Violations
eMallsAmerica, Inc. reserves the right to take any appropriate actions at any time and to make final judgments regarding violations. For example, eMallsAmerica, Inc. may . . .
o Block any Web pages which violate our Terms and Conditions or Guidelines
o Terminate or suspend Web Pages accounts
o Terminate or Suspend eMallsAmerica, Inc. Service accounts
o Temporarily remove offending members from the Chat
o Temporarily or permanently remove Chat access privileges

For violations in eMallsAmerica, Inc. Chat by non-eMallsAmerica, Inc. Internet users, eMallsAmerica, Inc. reserves the right to contact the Internet Service Provider of an offender and ask for a warning or suspension of membership.

Chat users may submit a complaint to abuse@kwikit.com by providing the following information:
o Offenders' name and/or nickname
o Violation type and content
o Date and Local Time of abuse
o Location where the violation occurred (specific Chat area)
o IP address of offender