Terms and Conditions for ExactSeek Search Engine Use and Site Submission

The ExactSeek Search Engine is available as a free service. User registration is required. As stated in our Privacy Policy, your use of ExactSeek's services constitutes a business relationship wherein we provide a promotion service for your web site(s). In exchange, ExactSeek reserves the right to use the contact information collected during site submission to deliver notices regarding changes or updates to our service, to provide a free newsletter (SiteProNews), to inform you of additions to the Jayde Online Network of web sites, or to send announcements and carefully screened offers and information on behalf of our partners or advertisers.

Code of Conduct. While using the ExactSeek Site you agree not to:

• Restrict or inhibit any other visitor or member from using the Site, including, without limitation, by means of "hacking" or "cracking" or defacing any portion of any of the Site;
• Use the Site for any unlawful purpose;
• Express or imply that any statements you make are endorsed by us, without our prior written consent;
• Transmit (a) any content or information that is unlawful, fraudulent, threatening, harassing, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes on our or any third party's intellectual property or other rights; (b) any material, non-public information about companies without the authorization to do so; (c) any trade secret of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us);
• Engage in spamming or flooding;
• Transmit any software or other materials that contain any virus, worm, time bomb, Trojan horse, or other harmful or disruptive component;
• Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site;
• Remove any copyright, trademark, or other proprietary rights notices contained in the Site;
• Frame" or "mirror" any part of the Site without our prior written authorization;
• Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents;
• Harvest or collect information about Site visitors or members without their express consent; or
• Permit anyone else whose account or subscription was terminated to use the Site through your subscription, username or password.

Use of Service. Subscriber agrees that the ExactSeek Search Engine shall be used solely or Personal, Business or Institutional use as accurately represented by Subscriber. Subscriber agrees to truthfully represent the nature of Subscriber's use. Subscriber shall not directly or indirectly transmit, broadcast, redistribute, forward or deliver the Service or any part of the data, information, images or other products which constitute the service to any other person or entity, in any format, or by any means.

Submissions. ExactSeek may not accept your site submission, or may not include your website in its search results. If your site has not been added within 8 - 12 weeks, the most common reasons are:

• You have not verified your membership.
• Your email address or domain has been banned for submission spamming.
• Your site contained pornographic, illegal or offensive content.
• Your site lacked Title and/or Meta Description Tags.
• You have attempted to create more than one free account or exceeded the limit of 10 submitted urls.

Events Beyond ExactSeek.com's Control. ExactSeek.com shall not be held responsible for any failure or malfunction in power or communications nor the failure or refusal of third party transmission intermediaries to perform, continue or renew their contractual arrangements with ExactSeek.com, nor inability to perform occasioned by such or by labor strife, war, power outage, server failure, riot or other events beyond the control of ExactSeek.com. If the Service or delivery thereof is disrupted by any such event(s), ExactSeek.com's obligations hereunder shall be suspended during the period of occurrence for such disrupting event(s).

Warranty. ExactSeek.com makes no warranty, express or implied, as to its services in connection with the Internet, use thereof, or the accuracy or correctness of any information available through the ExactSeek Search Engine, including, but not limited to, any warranties or merchantability or fitness for any particular purpose. ExactSeek.com excercises no control whatsoever over the information from the Internet passing through it.

Limitation of Liability. In no event shall ExactSeek.com be liable to customer for any indirect, special or consequential damages or lost profits arising out of or related to this agreement, the performance or breach thereof, or the accuracy or correctness of the information available through the ExactSeek Search Engine. Neither ExactSeek.com, nor its affiliates, suppliers, advertisers, affiliates, or agents or sponsors are responsible or liable for any indirect, incidental, consequential, special, exemplary, punitive or other damages under any contract, negligence, strict liability or other theory arising out of or relating in any way to the Site and/or content contained on the Site, or any product or service purchased through the Site. Your sole remedy for dissatisfaction with the Site and/or content contained within the Site is to stop using the Site. The sole and exclusive maximum liability to company for all damages, losses, and causes of action (whether in contract, tort (including, without limitation, negligence), or otherwise) shall be the total amount paid by you, if any, to access the Site.

Indemnification. You agree to indemnify, defend and hold us, our officers, directors, employees, agents and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), or other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement, including any violation of the Code of Conduct above; (b) any allegation that any materials that you submit to us or transmit to the Site infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (c) your activities in connection with the Site or any services related to the Site.

Privacy. You will review and agree to the ExackSeek Privacy Policy.

General.

A. ExactSeek.com encourages full and fair use of the Internet and all services and information therein. Unlawful, infringing, harassing, sexually explicit or obscene uses thereof shall not be tolerated. Any such use may result in the immediate termination of your ExactSeek Search Engine account.

B. ExactSeek.com makes no representations and accepts no responsibility for the accuracy and contents of any information or services provided on the Internet.

Questions or concerns about the terms and conditions? Drop an e-mail to Customer Service.