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 Michigan Start Pages Terms of Service

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The Michigan Start Pages Service is a free computer online service. It is accessible to users through a personal computer, or other access device, at http://michiganstartpages.com, using a communications connection (e.g., modem and telephone line). As part of our service, Michigan Start Pages will provide information and links to other Web sites and other computer services that are not affiliated with this Web site, and are not subject to the terms herein. 

Michigan Start Pages may decide to modify this Agreement at any time and the user agrees to use this service in accordance with these terms:

1. General Terms: 
By using this Service, the user agrees to be legally bound and abide by the Terms of Service, just as if he/she had signed this Agreement. If the user does not comply and/or continue to comply with the Terms of Service, Michigan Start Pages may terminate the right to access the Public Areas of the Service, which are those areas that are generally accessible to other users.

The user is responsible for all charges (e.g. telephone) associated with connecting to the Service through an available access number. The user is also responsible for obtaining or providing all telephone access lines, telephone and computer equipment, or other access devices, necessary to access the Service. The user further certifies that he/she is an individual (e.g., not a corporation).

The user acknowledges that the Service contains information, software, photos, video, graphics, music, sounds or other material hereinafter referred to as "Content" that is protected by copyrights, trademarks, trade secrets or other proprietary rights and that these rights are valid and protected in all forms, media, and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and Michigan Start Pages owns a copyright in the selection, coordination, arrangement and enhancement of such Content. The user may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the Content, in whole or in part. The user may not upload, post, reproduce or distribute Content protected by copyright, or other proprietary right, without obtaining permission from the copyright owner. Michigan Start Pages and its logo are trademarks of Michigan Start Pages, L.L.C., all other trademarks appearing on the Service are trademarks of their respective owners.

2. Public Area Rules:
The user will not engage in any conduct that, in the discretion of Michigan Start Pages, restricts or inhibits any other person from using or enjoying the Service. The user agrees to use the Service only for lawful purposes. The user certifies that he/she is an individual (e.g., not a corporation) and at least eighteen (18) years of age or has specific permission from a parent or legal guardian to use the Service. The user is prohibited from posting on, or transmitting through, the Service any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law.

Michigan Start Pages may choose to electronically monitor the Public Areas for adherence to the Terms of Service and may disclose any Content, records, or electronic communication of any kind (i) to satisfy any law, regulation or authorized governmental request, (ii) if such disclosure is necessary to operate the Michigan Start Pages Service, or (iii) to protect the rights or property of Michigan Start Pages or its partners and members.

Michigan Start Pages reserves the right to prohibit conduct, communication, or Content which it deems in its discretion to be harmful to individual users or other third-party rights, or to violate any applicable law.

3. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY: THE USER AGREES THAT USE OF THE SERVICE IS ENTIRELY AT HIS/HER OWN RISK. MICHIGAN START PAGES SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY MICHIGAN START PAGES SOFTWARE LICENSED TO THE USER AND THE RESULTS OBTAINED THROUGH THE SERVICE. SPECIFICALLY, MICHIGAN START PAGES DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: 1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, OR CONTENT OF INFORMATION, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.

THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. THE USER SPECIFICALLY ACKNOWLEDGES THAT MICHIGAN START PAGES IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH THE USER.

IN NO EVENT WILL MICHIGAN START PAGES BE LIABLE TO ANY PARTY (i) FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE MICHIGAN START PAGES OR ANY CONTENT, EVEN IF MICHIGAN START PAGES SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF ANY CONTENT.

NEITHER MICHIGAN START PAGES NOR ANY OF ITS MEMBERS,  PARTNERS, AGENTS, AFFILIATES OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICE OR INABILITY TO GAIN ACCESS TO, OR USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY. THE USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SERVICE.

The user agrees to hold Michigan Start Pages, its members, partners, agents, affiliates, and content providers harmless from any dispute that may arise from a breach of terms of this Agreement. The user agrees to hold Michigan Start Pages harmless from any claims and expenses, including reasonable attorney's fees, and court costs, related to user's violation of this Agreement, including the Terms of Service or any Content placed on the Service by the user.

4. Miscellaneous:
This Agreement shall be construed and controlled by the laws of the State of Michigan. Any disputes arising from the terms of this Agreement or a breach of this Agreement will be governed by the laws of the State of Michigan. Customer agrees to personal jurisdiction by the state and federal courts sitting in the State of Michigan.

This Agreement constitutes the entire agreement between the parties with respect to the subject matter contained herein. Michigan Start Pages may amend or modify this Agreement or impose new conditions at any time upon notice from Michigan Start Pages to Customer as published through the Service. Any use of the Service by the user after such notice, shall be deemed to constitute acceptance by the user of such amendments, modifications, or new conditions.


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