Wednesday Nov 19, 2008

Legal Notice Welcome to the TVBNet Company (hereinafter “TVBNET”) Website. Terms and Conditions of Use Please review the following rules that govern your use of our website (the “Agreement”). Please note that your use of our website constitutes your agreement to follow and be bound by these rules. GENERAL We may change, move or delete portions of, or may add to, our website from time to time including, but not limited to, content, hours of availability, and equipment and/or software needed for access or use. CHANGED TERMS We may from time to time change the rules that govern your use of our website. TVBNET shall have the right at any time, without providing individual notice, to change, modify, add or delete the terms and conditions ("Changed Terms") applicable to your use of the website, or any part thereof. The Changed Terms shall be effective immediately upon notice thereof, which may be given by any means including, but not limited to posting the Changed Terms on the website, or by electronic or conventional mail, or by any other means by which you obtain notice thereof. Any use of the website by you after such notice shall be deemed to constitute acceptance by you of the Changed Terms. SITE CONTENTS Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, software video clips, and written and other materials that are part of this website (collectively, the "Contents") are protected by copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by TVBNET. The website as a whole is protected by copyright and trade dress, all worldwide rights, titles and interests in and to which are owned by TVBNET. The Contents of our website, and the website as a whole, are intended solely for personal, noncommercial use by the users of our website. You may download or copy the Contents and other downloadable materials displayed on the website for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of, any such downloading or copying. You may not reproduce (except as noted herein), publish, transmit, distribute, display, modify, create derivative works from, reverse engineer, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the website, or any related software. You shall not derive or attempt to derive the source code, source files or structure of all or any portion of the Contents by reverse engineering, disassembly, decompiling or otherwise. You shall not alter or remove any copyright notice or proprietary legend contained in the Contents. LAWFUL PURPOSE You shall use our website for lawful purposes only. You shall not post or transmit through the website any material that violates or infringes in any way upon the rights of others, that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, that encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violate any law. Any conduct by you that, at TVBNET's discretion, restricts or inhibits any other user from enjoying the website will not be permitted. You shall not use the website to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users of TVBNET to become users of other services. TRADEMARKS AND COPYRIGHTED WORKS Names, words and designs used to identify services or products, for example, TVBNET<sup>™</sup>, are considered trademarks, service marks and/or logos. TVBNET's policy on trademarks, service marks and logos is designed to uphold the law. Products and services offered by TVBNET are protected by trademarks or registered trademarks of TVBNET. Other companies' names appearing in the Contents may be protected by trademarks of their respective owners. TVBNET requires written permission from the copyright holder before TVBNET will reproduce any copyrighted work. Copyright is a form of protection provided by the laws of the United States to the authors of original works. Copyrighted works include among other things: pictures, graphics, sculptures, architectural works, music and lyrics, literary works, dramatic works, pantomimes and choreographic works, audiovisual works and sound recordings. Possession or downloading of a web page, brochure, book, manuscript, painting, photography, computer software program or a copy of such items does not, by itself, give the possessor of these items the right to reproduce them. LINKING TO THE SITE While TVBNET is proud to provide this website for your reference, you must receive TVBNET's permission before creating a link to this website. Upon request and under TVBNET's terms and conditions, TVBNET may grant permission to link to this website and also to use its logo or other trademarks. Please direct all requests to link to this website or use TVBNET's trademarks to webmaster@tvbnet.net. Any unauthorized links or false or misleading uses of this website or TVBNET's trademarks or service marks is prohibited. USER COMMENTS, FEEDBACK AND SUBMISSIONS All comments, feedback, postcards, suggestions, ideas, and other information disclosed, submitted, conveyed or offered to TVBNET on or by this website or otherwise disclosed, submitted or offered in connection with your use of this website (collectively, "Comments") shall be and remain TVBNET property. Such disclosure, submission or offer of any Comments shall constitute an assignment to TVBNET of all-worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, TVBNET will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. TVBNET is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments. You agree that no Comments submitted to the website will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to the website will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make. PRODUCT INFORMATION / SERVICES OFFERED Products and services available for sale by TVBNET ("Services") may be added, modified or removed without notice. Other terms and conditions may apply to TVBNET's products and services, as may be specified in publicly-filed tariffs. EQUIPMENT You shall be responsible for obtaining and maintaining all telephone, computer hardware, software and other equipment needed for access to and use of our website and all charges related thereto. LINKS TO OTHER WEB SITES AND SERVICES To the extent that this website contains links to third-party services and resources, TVBNET does not control the availability and content of these websites. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular third-party service or resource. TVBNET DISCLAIMS ALL LIABILITY FOR ANY LOSS OR DAMAGES ARISING FROM THE CONTENT OR PROVISION OF SERVICES OF ANY THIRD-PARTY SERVICE OR RESOURCE. NO WARRANTY THIS WEBSITE AND ALL CONTENTS OF THE WEBSITE AND THIS SITE'S AVAILABILITY ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND THAT TVBNET SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE. ERRORS AND CORRECTIONS The contents of this website could include technical or product description inaccuracies or typographical errors. TVBNET may make improvements or changes to the Contents at any time. INDEMNIFICATION AND LIMITED LIABILITY You agree to defend, indemnify and hold TVBNET, its subsidiaries, affiliates, successors and assigns, and their respective, shareholders, directors, officers, employees, agents harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the website. TVBNET SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, RELIANCE OR SPECIAL DAMAGES FOR HARM TO BUSINESS, LOST PROFITS, LOST SAVINGS OR LOST REVENUES, WHETHER OR NOT TVBNET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TVBNET SHALL NOT BE LIABLE FOR ANY DAMAGE THAT USER MAY SUFFER ARISING OUT OF USE, OR INABILITY TO USE, THE SERVICES OR PRODUCTS PROVIDED HEREUNDER. TVBNET SHALL NOT BE LIABLE FOR UNAUTHORIZED ACCESS BY THIRD PARTIES TO YOUR TRANSMISSION FACILITIES OR PREMISE EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT, LOSS OR DESTRUCTION OF USERS NETWORK, SYSTEMS, APPLICATIONS, DATA FILES, PROGRAMS, PROCEDURES, OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD. THESE LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, OR TORT, AND SHALL SURVIVE FAILURE OF AN EXCLUSIVE REMEDY. THIS PROVISION DOES NOT LIMIT TVBNET'S LIABILITY CAUSED BY TVBNET'S NEGLIGENCE RECOGNIZED AND AWARDED IN A COURT OF LAW. TERMINATION This Agreement is effective unless and until terminated by either you or TVBNET. Your continued use of the website constitutes your adherence to the terms of this Agreement. Either you or TVBNET may terminate this Agreement at any time. Upon any termination of this Agreement (1) you shall not be authorized to access the website or use any Contents, (2) TVBNET may without notice deny your access to the website, and (3) you must promptly destroy all materials downloaded or otherwise obtained from this website, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise. The sections entitled Contents, Trademarks and Copyrighted Works, User Comments, Feedback and Submissions, No Warranty, Indemnification and Limited Liability, and Miscellaneous shall survive termination. PRIVACY AND SECURITY TVBNET is committed to safeguarding your privacy and security online. Please read the Privacy Policy to understand how information will be treated as you enjoy full use of our many offerings. This policy may change from time to time so please check back periodically. TVBNET may monitor your use of our website to gather statistical information to improve our website. TVBNET does not sell, rent or trade consumer mailing lists. All marketing efforts we undertake are targeted toward a business audience only. For each visitor to our Web page, our Web server recognizes information regarding the originating domain name or e-mail address. Any information volunteered by the customer, such as survey information and/or website registrations is used only to improve the content of our Web page and to contact customers for marketing purposes. Customers that supply TVBNET with their postal address, e-mail or telephone number may receive periodic mailings, e-mail messages or telephone contact from us with information on new TVBNET products and services. MISCELLANEOUS Unless otherwise specified, this website and the Contents thereof are displayed solely for the purpose of promoting TVBNET's products and services. This website is controlled and operated by TVBNET. This Agreement and any operating rules established by TVBNET constitute the entire agreement of the parties with respect to the subject matter hereof. This Agreement shall be construed in accordance with the laws of the State of Illinois, without regard to any conflict of law provisions. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of this Agreement is declared invalid or unenforceable, the remaining provisions of this Agreement shall remain in effect. Any dispute arising under this Agreement shall be resolved exclusively by the state and federal courts of the State of Illinois and you hereby submit the jurisdiction of said courts. The section headings used herein are for convenience only and shall not be given any legal import.