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AGREEMENT

***** AGREEMENT *****

                 INTERNET CHESS CLUB USER AGREEMENT

Internet Chess Club, Inc. (the "Company") owns and operates the Internet Chess
Club (ICC) on the Internet.  By becoming a registered member of the
Internet Chess Club and using its services, I agree to abide by all
Internet Chess Club policies, whether explicitly written, or unwritten but
established by common practice, and the terms and conditions set forth
in this User Agreement, which may be revised by the Company from time to
time.

Use of the Internet Chess Club Playing Site

  1) I will not give my password to anyone.  I will not share my account.
     I am the only person allowed to use my account.  Specifically, I
     will not allow other people to use my account for chatting,
     observing events, playing games, or for any other purpose.  The
     only exception is that I may allow a third party to play one (1)
     unrated game for the purpose of demonstrating the Internet Chess
     Club.  I will not use any account which does not belong to me.

 2)  I will not use chess database software, analysis software or chess 
     engines while playing games on the Internet Chess Club, unless my 
     account is on the Company's computer list or I am logged in with the 
     anonymous feature ("help anonymous"). I acknowledge and agree that 
     the Company has the right to monitor such activity and further agree 
     to indemnify, defend and hold the Company harmless from and against  
     any and all liabilities, claims, causes of action or damages 
     (including attorney's fees) arising from the Company's exercise of 
     its rights herein.

  3) I will behave decently toward other players, as described in
     "help atmosphere" and "help abuse"

  4) I will not copy, or in anyway display, reproduce, distribute, modify,
     or transmit the contents of the Internet Chess Club without prior
     written permission of the Company.

  5) I will not use the Internet Chess Club for commercial purposes.  I
     will not use the Internet Chess Club for advertising of any sort
     without prior written permission of the Company.

Services.

  If a representative of the Company has reason to believe I will or have
  violated the Internet Chess Club policies or any term or condition of this
  User Agreement, I acknowledge and agree that such representative has
  the right to take appropriate actions in his/her sole discretion,
  including without limitation, suspension of certain chat features,
  temporary suspension of services, or in extreme cases, a permanent
  loss of my membership of the Internet Chess Club without any refund.

  THIS INTERNET CHESS CLUB SITE AND ITS CONTENT ARE PROVIDED "AS IS" WITHOUT
  WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT
  LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY, THE WARRANTY OF
  NON-INFRINGEMENT OF THIRD PARTY RIGHTS AND THE WARRANTY OF FITNESS FOR
  A PARTICULAR PURPOSE.  THE COMPANY DOES NOT WARRANT THAT THIS SITE
  WILL OPERATE ERROR-FREE OR WITHOUT INTERRUPTION OR THAT THIS SITE AND
  SERVICE ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS.  IF USE
  OF THIS SITE OR ITS CONTENT RESULTS IN THE NEED FOR REPLACING OR
  SERVICING MY COMPUTER EQUIPMENT, SOFTWARE, DATA OR OTHER PROPERTY, THE
  COMPANY IS NOT RESPONSIBLE FOR THESE COSTS.  If at any time I am not
  satisfied with the services that the Company is providing, my
  exclusive remedy is to request a refund for the unused remaining paid
  time, as explained in "help refund."

  IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DAMAGES WHATSOEVER
  (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE
  DAMAGES RESULTING FROM THE USE OR INABILITY TO USE THIS SITE AND ITS
  MATERIALS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER
  LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE
  POSSIBILITY OF SUCH DAMAGES.

  The Company will use commercially reasonable efforts to keep the
  services offered on the Internet Chess Club available at all times.
  I understand that from time to time, routine maintenance and
  installation of new features may be necessary, and will result in
  short periods that the services may be unavailable (down-time). If the
  amount of cumulative down-time in any calendar year exceeds 4 days (96
  hours), the Company will provide members in good standing with a free
  extension of their membership equal to double the amount of down-time.
  This will only include down-time resulting from the Company's
  programs, the Company's computers, and the Internet Chess Club's Internet
  site.  The Company is not responsible for general failure of the
  Internet, routers, or member's computer systems beyond its control.

  I agree to defend, indemnity, and hold harmless the Company, its
  officers and directors, employees and agents, from and against any and
  all liabilities, claims, actions or demands, including without
  limitation reasonable legal and accounting fees, arising or resulting
  from my use or inability to use of materials on the Internet Chess
  Club site, or my breach of this User Agreement.

Intellectual Property.  

  The Company has the exclusive right, title and interest to the contents
  of the Internet Chess Club site, including without limitation, the
  Company's trademark, service marks, copyrights and other intellectual
  property (the "Proprietary Rights"), unless otherwise specified
  therein.  Except as provided herein, I acknowledge that I am not
  granted by implication, estoppel or other means any license or right
  to use the Internet Chess Club site without prior written consent of the
  Company.  All rights not expressly granted herein are reserved by the
  Company.  All contents of the the Internet Chess Club site are: Copyright
  1995-2006 Internet Chess Club, Inc.  All rights reserved.

Communication.

  The Internet Chess Club makes a reasonable effort to create and preserve
  an enjoyable atmosphere and to enforce the policies as described in
  "help atmosphere". The opinions expressed by club members are not
  necessarily those of the Company.  The Company is not responsible for
  any communications posted by club members.  Any communication
  or material that I transmit to the Internet Chess Club by e-mail
  or otherwise, will be treated as, nonconfidential and non-proprietary.
  By posting communication and playing games on the Internet Chess Club,
  I automatically grant the Company a royalty free, perpetual,
  irrevocable, non-exclusive license to use, reproduce,
  modify, publish, edit, translate, distribute, perform and display the
  communication alone or as part of other works in any form, media, or
  technology whether now known or hereafter developed, and to sublicense
  such rights.  Furthermore, the Company is free to use any ideas,
  concepts, know-how, or techniques contained in any communication that
  I send to the Internet Chess Club for any purpose whatsoever including,
  but not limited to, developing, manufacturing and marketing products
  using such information.

Privacy.

  The Internet Chess Club makes every commercially reasonable effort to protect
  our club members' credit card information.  No Internet Chess Club
  representative will ever ask me for my credit card number on-line.  If
  anybody asks me on-line for my credit card number, I will notify an
  administrator immediately.  More details of the Internet Chess Club's
  privacy policy can be found in "help privacy".

General.

  The Company reserves the right to amend this User Agreement and its
  policies anytime without notice. I agree to abide by this User
  Agreement and all the Internet Chess Club policies as long as I remain a
  registered member of Internet Chess Club.  The Company reserves the right to
  refuse services to anybody in its own discretion.  If any provision of
  this User Agreement is found to be invalid by any court having
  competent jurisdiction, the invalidity of such provision shall not
  affect the validity of the remaining provisions of this agreement,
  which shall remain in full force and effect.  No waiver of any term of
  this agreement shall be deemed a further or continuing waiver of such
  term or any other term.  Unless otherwise specified herein, this User
  Agreement constitutes the entire agreement between the parties with
  respect to the Internet Chess Club site and it supersedes any and all prior
  and contemporaneous communications between the parties, oral or
  written, with respect to the Internet Chess Club site. By my browsing in and
  use of the Internet Chess Club, I agree that this User Agreement shall be
  interpreted and enforced under the laws of the Commonwealth of
  Pennsylvania without regard to the conflicts of law principal. I
  irrevocably consent to the exclusive jurisdiction of the courts of the
  Commonwealth of Pennsylvania and the federal courts situated in the
  Commonwealth of Pennsylvania, venue of Allegheny County.

  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
  Service Provider's Designated Agent.  ALL INQUIRIES NOT RELEVANT TO
  THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.  See Notice and
  Procedure for Making Claims of Copyright Infringement.

See also:  privacy, abuse, computers, refund