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This is the license agreement for Page Builder.
Use the arrow buttons on your remote control or keyboard to move down.
At the bottom of the page,
choose either I accept or I don't accept.
Page Builder is provided through WebTV Plus ("WebTV Plus"),
which is a limited Internet access service for television provided by
WebTV Networks, Inc. in conjunction with Microsoft Corporation (collectively "Microsoft").
Microsoft provides Page Builder in order to enable its subscribers to create personal web pages and to use space on the WebTV service to host
personal web sites. In order to use Page Builder, you must agree to and comply with the WebTV Plus User Agreement (the "Agreement") and this
License Agreement (the "License").
By agreeing to this License and clicking on the "I ACCEPT" link provided
below, you are entering into a contract with Microsoft regarding your
use of Page Builder.
For purposes of this License, "Page Builder" shall include the Page
Builder feature on the WebTV service, and your Space and URL Address,
both as defined below, and Primary User and Secondary User shall have the same meaning as in the WebTV Plus User Agreement.
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License to the Space. Subject to the Terms of Service and
this License, Microsoft grants you a personal, non-exclusive, non-transferable license to use up to three (3) megabytes of storage space on the WebTV service
(the "Space") for your personal web site. Microsoft reserves the right to restrict the size of your personal web site, and its file type(s), at any time and for any reason. You may not let anyone else use your Space or store any files on the WebTV service
other than the content for your personal web site as authorized in this License.
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| 2. | License to the URL Address. Subject to the Terms of Service and this License,
Microsoft grants you a personal, non-exclusive, non-transferable license to use the Page Builder Universal Resource Locator that Microsoft assigns to your personal web site for the purpose of publishing your personal web site (the "URL Address"). You acknowledge that Microsoft is the sole owner of the URL Address and IP address/number assigned to your personal web site by Microsoft, and that Microsoft reserves the right, in its sole discretion, to change or remove such URL Address and IP address/number at any time and for any reason.
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| 3. |
WebTV Plus Account in Good Standing. Your WebTV Plus account must be in good
standing in order to use Page Builder. If your account is terminated for any reason, this License will be terminated automatically and we may unpublish or remove your personal web site. If you are a Secondary User, then the termination of the Primary User's account will terminate your use of Page Builder.
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WebTV Plus Banner Ads Associated with Your Space. In order to make it possible for us to
offer Page Builder to you, we reserve the right to use space associated with the display of each individual page of your personal web site for WebTV Plus banner advertising and other inventory
(the "WebTV Plus Space"), such that the WebTV Plus Space always appears to users in conjunction
with each page of your personal web site. We may, among other things, sell and otherwise place banner advertisements in the Microsoft Space. You agree that you will not alter, tamper with, block or remove any content in the WebTV Plus Space.
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Noncommercial Use Only. Microsoft is providing Page Builder only for your personal, residential and non-commercial use. You agree not to use your personal web site for any financial or commercial value such as discounts, goods or services. For example, you agree not to use your personal web site
as a store front for a commercial web site, to solicit donations, to gather information for commercial use, or to drive traffic to a commercial site in exchange for value.
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| 6. |
Your Responsibilities Concerning Content. You understand that the Internet is public and the content on your personal web site, when published, is accessible to the public. You agree that you are legally liable for the content of your personal web site and that Microsoft is not responsible for the content of your or any other personal web site developed or published via Page Builder. For example, you may be held liable to Microsoft and/or third parties if your personal web site includes defamatory comments or material protected by copyright, trademark, patent, or trade secret laws without the express written permission of the owner. You agree that you will not post or upload the following kinds of content on your personal web site: pornography; obscenity; nudity; offensive material such as expressions of racism, bigotry and hatred; content that impersonates, defames, abuses or threatens others; hacking methods and power off codes; content that is illegal under local, state, provincial or federal regulations; content that promotes illegal activities or provides instructions about illegal activities; content that infringes any copyright, trademark, patent, trade secret, or other intellectual property or violates third party rights of privacy and publicity; or content that disparages or diminishes the value of any content in the Microsoft Space.
You agree to indemnify and hold harmless Microsoft and Microsoft's affiliates, directors, officers, employees, agents or independent contractors (collectively, the " Microsoft Indemnitees") with respect to any loss, liability, damages, claim or expense (including without limitation reasonable attorneys' fees and costs incurred by such Microsoft Indemnitees) arising from any claim related to your personal web site.
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Legal Actions. Microsoft reserves the right to provide information regarding your personal web site to law enforcement officials and other third parties as required by law or in the event of a law enforcement investigation or other legal proceeding related to your personal web site or any content thereon.
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Reservation of Rights by Microsoft. Microsoft reserves the right to change or terminate this License at any time in its sole discretion without prior notice, and to temporarily or permanently unpublish or delete your personal web site or any pages thereof and/or terminate your access to Page Builder if Microsoft in its sole discretion deems it necessary or appropriate (including without limitation based on a breach by you of any of the terms of this License). Microsoft further reserves the right to terminate, remove, restrict or modify Page Builder that it makes available at any time without prior notice. Microsoft shall have no obligation
to release any update, upgrade or new version of Page Builder. Without limiting the generality of the foregoing provisions, you understand that if your personal web site attracts sufficient traffic to disrupt the WebTV
service, as determined in Microsoft's sole discretion, or if your personal web site has not been viewed by
anyone or edited by you for ninety (90) consecutive days, Microsoft may in its discretion unpublish or remove and delete your personal web site from the WebTV service without prior notice.
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| 9. |
Primary and Secondary Users. If a Primary User's access to Page Builder is disabled, all Secondary Users' personal web sites will be permanently unpublished and removed from the WebTV service.
Further, a Secondary User's violation of this License may cause the Primary User's access to Page Builder (including without limitation such Primary User's personal web site) to be permanently disabled.
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| 10. |
MICROSOFT PROVIDES PAGE BUILDER, THE SPACE AND THE URL ADDRESS "AS IS" AND WITH ALL FAULTS. THE ENTIRE RISK AS TO QUALITY AND PERFORMANCE OF PAGE BUILDER IS WITH YOU. MICROSOFT HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, MICROSOFT HEREBY DISCLAIMS ANY WARRANTIES OF TITLE, QUIET ENJOYMENT OR NONINFRINGEMENT.
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MICROSOFT SHALL NOT BE LIABLE TO YOU IN CONNECTION WITH THIS LICENSE AGREEMENT, PAGE BUILDER, YOUR PERSONAL WEB PAGE OR SITE, THE SPACE AND THE URL ADDRESS FOR ANY DAMAGES INCLUDING INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA) EVEN IF MICROSOFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY BY MICROSOFT. MICROSOFT IS NOT RESPONSIBLE FOR OR LIABLE FOR ANY LOSS OF DATA RESULTING FROM THE UNPUBLISHING OR REMOVAL OF A PERSONAL WEB SITE, EQUIPMENT FAILURE, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION, USER ERROR OR ANY OTHER REASONS.
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