Legal Agreement Between You and Micro Design Systems

The OnABlog.com web site (the "OnABlog.com Site") is operated by Micro Design Systems. Your use of the OnABlog.com Site and any of the OnABlog.com Services (as defined below) at any time is subject to OnABlog.com's then-current Terms of Use ("Terms"), which may be updated from time to time as set forth below. In addition, your use of particular services offered on the OnABlog.com Site ("OnABlog.com Services") may be subject to specific guidelines or rules. Your use of the OnABlog.com Site and/or the OnABlog.com Services (collectively, "OnABlog.com Site/Services") constitutes full acceptance of and agreement to the Terms and applicable Rules; if you do not accept the Terms and Rules, you are not granted rights to use the OnABlog.com Site or any OnABlog.com Services and should refrain from accessing the OnABlog.com Site/Services. To update the Terms or any Rules, we will post both the changed version and its effective date here. In the event of any material change to the Terms, we will use reasonable efforts to email notice of the change to Members in advance. If we change any Rules, we will post the changed version on the location where those Rules normally appear. OnABlog.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the OnABlog.com Site or any OnABlog.com Services (or any part thereof) without notice. OnABlog.com shall not be liable to you or any third party for any such modification, suspension or discontinuance.

Privacy and Protection of Personal Information

See the Privacy Policy for disclosures relating to the collection and use of your personal information.

Modification of These Terms and Conditions of Use

Micro Design Systems reserves the right at any time to change the terms, conditions, and notices under which OnABlog.com is offered. Changes to the these terms and conditions are effective after we provide you with notice of the changes by posting the changes on the news page, however, we may choose to temporarily change certain terms for promotional events and such changes are effective as soon as posted.

We will provide you (at your email address recorded by us) or by placing a prominent notice on our site with thirty days prior to notice of changes to the terms of our Privacy. You are responsible for regularly reviewing all of the terms, conditions and notices related to OnABlog.com. Continued use of OnABlog.com after any such change shall constitute your consent to such change. Unless explicitly stated otherwise, any new changes or improvements to OnABlog.com shall be subject to the Terms and Conditions of Use, as modified or amended from time to time.

Right to Use Blogs

If you provide weblogs, also known as blogs, to Micro Design Systems, you hereby grant to Micro Design Systems a nonexclusive worldwide royalty-free license and right to use, market, license, publish, reproduce, copy, distribute, sublicense and display such Blog and to use excerpts thereof in any manner on the Web Site.

You agree that third parties may link to your Blogs and use, in any manner or medium, excerpts from your Blogs.

Financial Terms

Membership Fees

You shall be financially responsible for your use of OnABlog.comt the payment terms posted at subscribe time. Current fees for use of OnABlog.com and payment terms are set forth at http://onablog.com/Join.asp OnaBlog.com reserves the right to modify its fees and payment terms at any time by providing at least 10 days notice of the changes by posting the changes on the news page.

Continued use of OnABlog.com shall be considered acceptance of any modified terms. If you agree to pay using a credit card, a PayPal account or any other method of online payment, you shall provide to Micro Design Systems all information necessary in order for Micro Design Systems to make payment using such method. You agree to indemnify and hold harmless Micro Design Systems from all losses and damages arising from or related to payment of fees.

You will be responsible for payment of any sales, use, or other taxes arising from this Agreement, together with any related interest and penalties assessed by a taxing authority.

Such costs may include, but are not limited to, wire transfer fees, collection agency fees, reasonable attorneys' fees, and court costs.

Payments for Blogs

Micro Design Systems pays licensors of Blogs based on the number of times a member views such licensors Blogs.

The amount paid is based on Micro Design Systems’s then-current payment terms set forth at http://onablog.com/Help.asp

OnABlog.com reserves the right to modify such amounts and payment terms at any time by providing notice to you.

Use Limitation

Members of OnABlog.com are only entitled to view Blogs as displayed within OnABlog.com.

You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, content, software, products or services that are part of OnABlog.com except as expressly provided in these Terms and Conditions of Use.

No Unlawful or Prohibited Use

You will not use OnABlog.com for any purpose that violates (i) Federal, state or local laws or regulations, (ii) community standards, (iii) International treaties or (iv) these terms, conditions, or notices. You will not use OnABlog.com in any manner that violates or infringes upon the rights of others.

You will not use OnABlog.com to solicit the performance of any activity that is prohibited by law or to solicit any Micro Design Systems customer to become a customer of any other provider of services competitive with OnABlog.com.

You may not use OnABlog.com in any manner that could damage, disable, overburden, or impair OnABlog.com or interfere with any other party's use and enjoyment of it. You may not attempt to gain unauthorized access to any account, computer systems or networks associated with OnABlog.com. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through OnABlog.com

You agree to use OnABlog.com only to create Blogs, add posts and comments to Blogs, and read Blogs. You may also link to and use excerpts from Blogs found in the Web Site. By way of example, and not as a limitation, you agree that when using OnABlog.com, you will not:

1. Use OnABlog.com in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
2. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
3. Publish, transfer, distribute or disseminate any information which may be obscene or contain child pornography or, if otherwise adult in nature or harmful to minors, shall be posted only in the Mature Audiences section, distributed only to people legally permitted to receive such content, and subject to the Mature Audiences Terms of Use.
4. Publish, transfer, distribute or disseminate any information which may include an inappropriate or unlawful topic, name, material or information.
5. Transfer, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents to do the same.
6. Use any material or information, including images or photographs, which is made available through OnABlog.com in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
7. Transfer files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
8. Advertise or offer to sell or buy any goods or services for any business purpose.
9. Download any file transferred by another user of OnABlog.com that you know, or reasonably should know, cannot be legally distributed in such manner.
10. 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 transferred.
11. Restrict or inhibit any other user from using and enjoying OnABlog.com
12. Violate any code of conduct or other guidelines which may be applicable to OnABlog.com.
13. Harvest or otherwise collect information about others, including e-mail addresses.
14. Violate any applicable laws or regulations.
15. Create a false identity for the purpose of misleading others.
16. Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of OnABlog.com or other OnABlog.com user or usage information or any portion thereof.

Micro Design Systems has no obligation to monitor OnABlog.com. Micro Design Systems reserves the right to terminate your access to OnABlog.com at any time, without notice, for any reason whatsoever.

Micro Design Systems reserves the right at all times to disclose any information as Micro Design Systems deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to transfer or to remove any information or materials, in whole or in part, in Micro Design Systems's sole discretion.

You are responsible for all activities that occur in your OnABlog.com account. You agree to notify Micro Design Systems immediately of any unauthorized use of your account. Micro Design Systems is not responsible for any loss that you may incur as a result of any unauthorized person using your account.

See the OnABlog.com Privacy Policy for disclosures relating to the collection and use of your information.

Always use caution when giving out any personally identifiable information about yourself or your children in OnABlog.com. Micro Design Systems does not control or endorse the content, messages or information exchanged by means of OnABlog.com and, therefore, Micro Design Systems specifically disclaims any liability with regard to OnABlog.com and any actions resulting from your participation in OnABlog.com

OnABlog.com may allow you to interact with third-party Web sites and Web services ('Link(s)'). The Links are not under the control of Micro Design Systems and Micro Design Systems is not responsible for the contents of any Links, including without limitation any link contained in a Link, or any changes or updates to a Link. Micro Design Systems is not responsible for any form of transmission received from any Link, nor is Micro Design Systems responsible if the Link is not working appropriately. Micro Design Systems is providing these Links to you only as a convenience, and the inclusion of any Link does not imply endorsement by Micro Design Systems of the Link or any association with its operators. You are responsible for viewing and abiding by any privacy statements and terms of use posted in connection with the Links.

You are solely responsible for any dealings with third parties (including advertisers) who support OnABlog.com, including the delivery of and payment for goods and services.

Awards

From time to time, OnABlog.com may offer awards, including account awards, referral awards and other awards that OnABlog.com may offer in the future. Receipt of those awards is based on the completion of the governing awards Terms and Conditions, including the Referral Award Terms and Conditions. All awards offered through these and other award programs, if any, must be withdrawn by the recipient from his or her OnABlog.com account within one year. All awards which are not claimed within one year of receipt will expire and become property of OnABlog.com.

Micro Design Systems's Right to Use Feedback or Suggestions You Submit

By submitting any feedback or suggestions to Micro Design Systems concerning OnABlog.com, you warrant and represent that you own or otherwise control the rights necessary to do so and you are granting Micro Design Systems and its affiliated companies permission to:

1. Use, modify, copy, distribute, transmit, publicly display, publicly perform, reproduce, publish, sublicense, create derivative works from, transfer, or sell any such feedback or suggestions; and
2. Sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the feedback or suggestions.

The foregoing grants shall include the right to exploit any proprietary rights in such feedback or suggestions, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. No compensation will be paid with respect to Micro Design Systems's use of the materials contained within such feedback or suggestions. Micro Design Systems is under no obligation to post or use any materials you may provide and may remove such materials at any time in Micro Design Systems's sole discretion.

This section is inapplicable to any personally identifiable information that you provide in connection with your registration for OnABlog.com. For terms and conditions governing use of such information, please refer to the OnABlog.com Privacy Policy.

This section also is inapplicable to any documents, information, or other data that you transmit or otherwise submit to any OnABlog.com Enabled Properties. Please refer to the terms and conditions for such OnABlog.com Enabled Properties to determine the rights of the Web site or service provider to such documents, information and/or data.

Limitation of Liability

Micro Design Systems and/or its respective suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on or obtained through OnABlog.com for any purpose. all such information, software, products, services and related graphics are provided 'as is' without warranty of any kind. Micro Design Systems and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.

In no event shall Micro Design Systems and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of onablog.com, with the delay or inability to use OnABlog.com, the provision of or failure to provide services, or for any information, software, products, or services obtained through OnABlog.com, or otherwise arising out of the use of OnABlog.com, whether based on contract, tort, negligence, strict liability or otherwise, even if Micro Design Systems or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of onablog.com, or with any of these terms of use, your sole and exclusive remedy is to discontinue using onablog.com.

Indemnification

You agree to indemnify and hold Micro Design Systems and its directors, officers, employees, agents, representatives, and affiliates harmless from any demand, claim, suit, loss, liability or damage, including reasonable attorneys' fees, whether in tort or in contract, that Micro Design Systems may incur by reason of or arising out of any claim that is made with respect to your use of the Services, including without limitation (i) with respect to any breach of this Agreement by you, (ii) with respect to any act or omission of you, or (iii) with respect to any claim of defamation, invasion of privacy, right of publicity, unfair competition, infringement of a third person's intellectual property or other proprietary rights or obscenity relating to your use of OnABlog.com.

Customer Support

Micro Design Systems provides information about how to use OnABlog.com as part of OnABlog.com   Micro Design Systems does not provide support for any software or services provided by any third party.

Termination/Access Restriction

Micro Design Systems reserves the right, in its sole discretion, to terminate your access to and use of OnABlog.com or any portion thereof at any time, without notice.

This Agreement is governed by the laws of the State of New Jersey, U.S.A. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in New Jersey, U.S.A. in all disputes arising out of or relating to the use of OnABlog.com. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Micro Design Systems as a result of this agreement or use of OnABlog.com. Micro Design Systems may assign this agreement, in whole or in part, at any time. Micro Design Systems's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Micro Design Systems's right to comply with governmental, court and law enforcement requests or requirements relating to your use of OnABlog.com or information provided to or gathered by Micro Design Systems with respect to such use. You agree to indemnify and hold Micro Design Systems, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on OnABlog.com. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. This agreement, including the documents expressly incorporated by reference above, constitute the entire agreement between the user and Micro Design Systems with respect to OnABlog.com and such agreements supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Micro Design Systems with respect to OnABlog.com. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Micro Design Systems may also terminate or suspend your access to OnABlog.com for inactivity, which is defined as failing to log onto OnABlog.com for an extended period of time, as determined by Micro Design Systems.

Accuracy of Information

You acknowledge and agree that any information provided by you to Micro Design Systems, including, but not limited to account registration information and billing information is accurate, complete and current, and you agree to update that information promptly if there is any change.

No Assignment or Transfer

You shall not resell the Services provided by Micro Design Systems or any third party hereunder or assign, transfer or otherwise dispose of the Services or this Agreement or any interest herein, whether voluntary, by operation of law or otherwise, without the prior express written consent of Micro Design Systems. Any purported assignment in violation of this section shall be void.

Intellectual Property

All contents of any Micro Design Systems Web site related to OnABlog.com are: Copyright © 2004 Micro Design Systems and/or its suppliers, c/o Micro Design Systems, 12 Winding Way, Belvidere, NJ 07823, U.S.A. All rights reserved.

TRADEMARKS. OnABlog.com is an unregistered trademark of Micro Design Systems. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Micro Design Systems may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in any Web pages that are part of OnABlog.com. Except as expressly provided in these Terms and Conditions of Use, the furnishing of such Web pages to you does not give you any license to these patents, trademarks, copyrights, or other intellectual property. Any rights not expressly granted herein are reserved.

Notices and Procedure for Making Claims of Copyright Infringement

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Micro Design Systems's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See the Reporting Copyright Infringement.

Revised February 22, 2004