MP3 Rocket Pro End user license agreement

ACCEPTANCE OF TERMS OF USE THIS AGREEMENT ("AGREEMENT") IS A LEGAL AND BINDING AGREEMENT BETWEEN YOU ("YOU" OR "YOUR") AND MP3 ROCKET INC. ("MP3ROCKET.COM", "MP3ROCKET.NET", "OUR," "US," "WE") REGARDING YOUR ACCESS TO AND USE OF THE MP3ROCKET.COM WEB SITE (THE "SITE"). PLEASE READ THIS AGREEMENT CAREFULLY PRIOR TO PURCHASE. BY ACCESSING THE SITE, YOU ARE CONSENTING TO BECOME A PARTY TO THIS AGREEMENT AND AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS AS OUTLINED IN THIS LEGAL NOTICE. MODIFICATION MP3 Rocket Inc. reserves the right to change these terms and conditions from time to time at its sole discretion, without prior notice, by posting such revised terms and conditions on the Site. It is Your obligation to routinely review these terms and conditions and Your continued use of the Site following any such change (whether or not You have reviewed such change) constitutes Your binding acceptance to follow and be bound by the terms and conditions as changed. THE SERVICE All software recommendations refer to software that is available without charge to individuals at large for specific purposes. The service makes no download speed performance guarantees or the availability of specific files for download on the peer to peer network. You are responsible for obtaining and maintaining all computer hardware, software and communications equipment needed to access the Service. YOUR CONDUCT You agree not to: (a) upload, transmit, post, email or otherwise make available to the Site, any content or other material in any format that: (b) is false, inaccurate, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, invasive of another`s privacy, libelous and/or otherwise objectionable; (c) infringes any third party`s intellectual property; or (d) contains viruses, worms, Trojan horses, corrupted files, or any other similar software or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. You agree that you will not transmit or access any data that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party and agree to indemnify and hold harmless MP3 Rocket Inc. from their claims if you do. TECHNOLOGICAL AND USE LIMITATIONS MP3 Rocket Inc. will make reasonable efforts to keep the Site operational. However, certain technical difficulties or routine site maintenance/upgrades may, from time to time, result in temporary service interruptions. MP3 Rocket Inc. also reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions of the Service with or without notice. You agree that MP3 Rocket Inc. shall not be liable to you or to any third party for any of the direct or indirect consequences of any modification, suspension, discontinuance of or interruption to the Service. INTELLECTUAL PROPERTY RIGHTS MP3 Rocket Inc. makes no claim to ownership or other control or rights to any software recommended by the Service, other than the MP3 Rocket software itself. None of the fee entitles You, as a Purchaser to any ownership, licensing rights or recourse with regard to use of the software other than those rights offered by the software owners or licensees. SUBSCRIPTION E-MAILS MP3 Rocket Inc. is a direct marketer that delivers email messages to its subscribers. All information voluntarily provided to MP3 Rocket Inc. by a registrant may be used to support our marketing partner`s data services business. These services include the provision of personally identifiable data to marketing companies, advertising agencies, data compilers, data companies, and, to the extent permitted by law, individual reference, email marketers and look-up service programs. Such information may be used by such companies to provide users via email with information on products and services that may be of interest to them. Users may unsubscribe to electronic mailings sent by us at any time by following the instructions contained at the end of every MP3 Rocket Inc. newsletter or mailing. Users wishing to unsubscribe from MP3 Rocket Inc. messages may reply to the message with the word `remove` in your email message subject line or by clicking the "Remove yourself from future email here" link. COPPA Since you may not become a member of MP3 Rocket Inc.`s Network if you are under the age of 18, MP3 Rocket Inc. complies with the Children`s Online Privacy Protection Act of 1998. Advertisers and Publishers are also obligated to comply with COPPA. If you inform MP3 Rocket Inc. that MP3 Rocket Inc. has collected or received information from a child under 18, MP3 Rocket Inc. will delete such information immediately from its databases. No MP3 Rocket Inc. Web Site is specifically directed to children under 18. MP3 Rocket Inc. shall not knowingly distribute to third parties any personally identifiable information erroneously collected from children under 18. TERMINATION You agree that MP3 Rocket Inc., in its sole discretion, may terminate your ID, password, account (or any part thereof) or use of the Service for any reason, including, without limitation, if MP3 Rocket Inc. believes that you have violated or acted inconsistently with the Agreement. MP3 Rocket Inc. may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that MP3 Rocket Inc. may immediately deactivate or delete your account and/or bar any further access to the Service. DISCLAIMER OF WARRANTIES YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND AN "AS AVAILABLE" BASIS. WE DO NOT MAKE, AND HEREBY DISCLAIM, ANY REPRESENTATIONS OR WARRANTIES REGARDING THE SERVICE, THE SITE AND THE PRODUCTS AND SERVICES OFFERED THROUGH THE SITE OR ANY PORTION THEREOF, EXPRESS, IMPLIED OR STATUTORY, INCLUDING (WITHOUT LIMITATION) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF THIRD PARTY RIGHTS. LIMITATION OF LIABILITY YOU HEREBY AGREE THAT WE WILL NOT BE LIABLE FOR INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF REVENUE, PROFITS OR DATA ARISING IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, OUR AGGREGATE LIABILITY ARISING WITH RESPECT TO THIS AGREEMENT AND THE SERVICE WILL NOT EXCEED THE TOTAL FEES PAID BY YOU UNDER THIS AGREEMENT. MISCELLANEOUS The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys fees. Effective Jan 1, 2006