Brief Full Advanced Search Search Tips
|  |  | SUBSCRIBER AGREEMENT FOR ITKNOWLEDGE This Subscriber Agreement (the "Agreement") sets forth the terms and conditions of your ITKnowledge Subscription. As a condition of subscribing to ITKnowledge, you must accept the Agreement in its entirety. PLEASE REVIEW THIS AGREEMENT CAREFULLY AND INDICATE YOUR ACCEPTANCE BY CLICKING THE "I AGREE" BUTTON AT THE END OF THE AGREEMENT. BY USING THIS SERVICE AFTER CLICKING THE "I AGREE" BUTTON, YOU ARE AGREEING TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT. IF THIS AGREEMENT IS NOT ACCEPTABLE, PLEASE SO INDICATE BY CLICKING THE "I DO NOT AGREE" BUTTON AT THE END OF THIS AGREEMENT. GENERAL ITKnowledge is an electronic information service (the "Service") operated by EarthWeb Inc. ("EarthWeb") on the World Wide Web of the Internet (currently located at www.ITKnowledge.com). The Service offers Subscribers access to information, software and other content owned or licensed by EarthWeb and third-parties ("Content Providers"). "Subscriber" means any person who establishes an authorized account ("Account") for access to and use of the Service. Once you complete the registration process and click the "I AGREE" button, you become a Subscriber. By becoming a Subscriber and using the Service, you are indicating that you are at least 18 years old, and that you agree to be bound by all of the terms in this Agreement. The right to use the Service is personal to you, and your Account is not transferable. You are encouraged to print and keep a copy of this Agreement. SUBSCRIBER INFORMATION By clicking the "I AGREE" button, you agree that EarthWeb may store information you provide as part of the registration process, as well as usage information, and provide aggregate statistical information about subscribers to advertisers, potential advertisers, and Content Providers. In addition, EarthWeb may use or disclose to third parties certain personal identifying information, such as your name, address and phone number, unless you notify EarthWeb that you do not wish EarthWeb to use or disclose such information. EarthWeb may use such information to inform you about other EarthWeb publications, products and services, unless you notify EarthWeb that you do not wish to receive such information. EarthWeb may also deliver additional messages about ITKnowledge to you by e-mail. Notwithstanding the foregoing, EarthWeb will not disclose to third parties your credit card information except to the extent necessary to complete a transaction initiated by you. Please read EarthWeb's Privacy Policy for more details. PRICE AND PAYMENT You may subscribe to ITKnowledge on a monthly or annual basis. You authorize EarthWeb to charge to the credit card account designated during the registration process the then applicable monthly or annual Subscription fee ("Subscription Fee"). Information on current Subscription Fees and other charges can be found in the Subscription Plan Information section of ITKnowledge. Your monthly or annual Subscription shall be renewed automatically unless you notify EarthWeb before the expiration of your current Subscription period that you wish to cancel your Subscription at the conclusion of such Subscription period. You may send cancellation requests to EarthWeb via the Account Information section of ITKnowledge. Unless otherwise indicated, all renewals will be charged at the standard Subscription Fee in effect at the time the fee becomes payable. You agree to pay all sales, use, value-added, personal property or other governmental tax or levy imposed on the fees paid by you hereunder, other than taxes based on net income or profits of EarthWeb Inc. EarthWeb offers a fourteen (14) day free trial period (the "Trial Period") to new Subscribers only. If you are a new Subscriber, you must provide EarthWeb with valid credit card information at the time you sign up for the free trial offer. As a new Subscriber, you may cancel your Subscription without obligation prior to the expiration of the Trial Period. You may send Trial Period cancellation requests to EarthWeb via the Account Information section of ITKnowledge. You agree that, unless you cancel your Subscription to ITKnowledge prior to the expiration of Trial Period, EarthWeb will automatically charge to your credit card the fees for the Subscription Term you have selected as part of the registration process. Unless otherwise provided in the Subscription Plan Information section of ITKnowledge, post-Trial Period Subscription Fees will be charged at the standard Subscription Fees in effect at the time the fee becomes payable. Payment of all fees and charges must be made by a major valid approved credit card. Information on the credit cards accepted by EarthWeb is available in the Subscription Plan Information section of ITKnowledge. All fees and charges are nonrefundable. All fees and charges incurred in connection with your user name and password will be billed to the credit card that you designate during the registration process for the Service. If you want to designate a different credit card or there is a change in your credit card validity or expiration date, you may make such changes through the Account Information section of ITKnowledge. SUBSCRIBER ACCOUNT RESPONSIBILITIES You are responsible for ensuring that all use of the Service under your Account (i.e., use of the Service by any person using your User ID and password) complies with the provisions of this Agreement and for maintaining the confidentiality of your password. If you believe that your Account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your password), you must promptly change your password and notify ITKnowledge Customer Services at CUSTSERV@ITKnowledge.com. You also are responsible for any fees or charges incurred to access the Service through an Internet access provider or other third-party service. YOU, AND NOT EARTHWEB, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY WHICH WERE NOT AUTHORIZED BY YOU. CHANGES EarthWeb reserves the right, at any time, to (i) change the terms of this Agreement, (ii) change the Service, including eliminating or discontinuing any content or feature of the Service, restricting the hours of availability or limiting the amount of use permitted, or (iii) change any fees or charges for use of the Service, including instituting new or increased fees or charges for the use of the Service or any feature thereof. All changes in existing fees or charges will take effect upon your renewal of Subscription. All other changes shall be effective immediately upon notice. EarthWeb will notify you of any changes by posting notice of such changes in the Subscription Plan Information section of ITKnowledge, and you agree to review this section regularly to obtain timely notice of such changes. Any use of the Service under a Subscriber's Account after such notice shall be deemed to constitute acceptance of the changes by the Subscriber. SUBSCRIBER CONDUCT You shall be responsible for, and assume all liability associated with, any material made available through the Service under your Account, including liability for claims of infringement, libel and slander. You shall not post, transmit through or otherwise make available on the Service (i) any material which violates or infringes in any way upon the rights of others, which is unlawful, defamatory, obscene, abusive, profane, vulgar, sexually explicit, racist, threatening, hateful or otherwise objectionable or which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, (ii) any copyrighted material, without the express written consent of the owner thereof, (iii) any advertising or any solicitation with respect to products or services without the express prior written consent of EarthWeb, (unless posted in an area specifically designated for that purpose), or (iv) any information or software that contains a virus, worm, or other harmful or disruptive component. Although EarthWeb does not and cannot review every message posted on the Service, EarthWeb shall be under no obligation to permit any material that you post or transmit to remain on the Service, and may refuse to display or may remove from the Service any material which EarthWeb, in its sole discretion, believes to violate this Agreement. You acknowledge and agree that, by submitting any resource, link, applet, information, content or other materials ("Content") to EarthWeb, you grant to EarthWeb a nonexclusive, worldwide license to link to, reproduce, distribute, adapt, perform, display, and transmit the submitted content, and to sublicense or assign such rights to others. Further, by submitting Content to EarthWeb, you acknowledge that you have the authority to grant such rights to EarthWeb. PLEASE NOTE THAT YOU RETAIN OWNERSHIP OF ANY COPYRIGHTS OF ANY CONTENT YOU SUBMIT. If the submitted Content includes or consists of an applet or other software resource, the license granted to EarthWeb shall apply to both object code and source code formats of the applet or resource, and EarthWeb shall have the right under its license to analyze, report on, summarize, and display the source code on its web sites; however, EarthWeb will not display the complete source code of your resource unless you grant EarthWeb express permission to do so. If you submit a resource to EarthWeb and/or you grant EarthWeb permission to display your source code and decide that you no longer want to grant EarthWeb permission to display your source code, you may write to: "EarthWeb, 3 Park Avenue, New York, New York 10016, Attn: Customer Service, ITKnowledge", by certified mail, to request that the resource and/or the source code to any applet or software resource submitted by you be removed from an EarthWeb web site. Upon receipt of such certified mail notification, EarthWeb will use its best efforts to remove such resource and/or source code from the EarthWeb web sites. THIRD-PARTY LINKS ITKnowledge may contain links to other web sites operated by third parties ("Linked Sites"). You acknowledge that, when you click on a link to visit a Linked Site, a frame may appear that contains the EarthWeb logo, advertisements and/or other content selected by EarthWeb. You acknowledge that EarthWeb and its sponsors neither endorse nor are affiliated with the Linked Site and are not responsible for any content that appears on the Linked Site. You also acknowledge that the owner of the Linked Site neither endorses nor is affiliated with EarthWeb and its sponsors. COPYRIGHT AND LIMITATIONS ON USE Only one individual may access the Service at the same time using the same user name or password, unless otherwise agreed to in writing by EarthWeb. The content available through the Service is the property of EarthWeb or its Content Providers and is protected by copyright and other intellectual property laws. Content received through the Service may be displayed on your computer monitor for your personal, non-commercial use only. You agree not to reproduce, retransmit, distribute, disseminate, download, sell, publish, broadcast or circulate the content received through the Service to anyone, including but not limited to others in the same company or organization, without the express prior written consent of EarthWeb. You also agree that you shall not use any automated or manual means, including but no limited to the use of any site search or retrieval application to "spider" the service, to retrieve, index or in any way circumvent the navigational structure or presentation of the Services Content as established by EarthWeb. All rights not express granted herein are reserved to EarthWeb and/or it's Content Providers. For further information on use of the Service Content, please see EarthWeb Permissions. Except as stated in the license agreement accompanying any software provided through or in connection with the Service, you are granted only a personal, revocable, nonexclusive and nontransferable license to use such software, and unauthorized copying of software is prohibited. DISCLAIMERS AND LIMITATION OF LIABILITY YOU AGREE THAT THE USE OF THE SERVICE AND ANY SOFTWARE OR OTHER MATERIALS OBTAINED THROUGH OR IN CONNECTION WITH THE SERVICE ("SOFTWARE"), IS AT YOUR OWN RISK. NEITHER EARTHWEB, ITS CONTENT PROVIDERS NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS OR LICENSORS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT SOFTWARE WILL BE ERROR-FREE; NOR DO EARTHWEB OR ANY OF THE FOREGOING PERSONS MAKE ANY WARRANTY AS TO THE ACCURACY, CORRECTNESS, COMPLETENESS, RELIABILITY OR CONTENT OF ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES PROVIDED THROUGH THE SERVICE OR THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE. THE SERVICE AND ANY SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; AND EARTHWEB HEREBY EXPRESSLY DISCLAIMS, ON ITS OWN BEHALF AND ON BEHALF OF ITS CONTENT PROVIDERS, ALL WARRANTIES OF ANY KIND, OTHER THAN THOSE WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL THE TOTAL LIABILITY OF EARTHWEB, OR ITS EMPLOYEES, AFFILIATES, SPONSORS, AGENTS, CONTENT PROVIDERS, MERCHANTS OR LICENSORS, FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT, INCLUDING NEGLIGENCE, OR OTHERWISE, EITHER JOINTLY OR SEVERALLY, EXCEED THE AGGREGATE DOLLAR AMOUNT PAID BY SUBSCRIBER TO EARTHWEB IN THE 12 MONTHS PRIOR TO THE CLAIMED INJURY OR DAMAGE. THE FOREGOING PROVISIONS OF THIS SECTION ARE FOR THE BENEFIT OF EARTHWEB INC., ITS EMPLOYEES, DIRECTORS, AFFILIATES, AGENTS, SPONSORS, CONTENT PROVIDERS, MERCHANTS AND LICENSORS, AND EACH SHALL HAVE THE RIGHT TO ASSERT AND ENFORCE THESE PROVISIONS DIRECTLY ON THEIR OWN BEHALF. IN NO EVENT WILL EARTHWEB OR ANY OF ITS AFFILIATES, SPONSORS, AGENTS OR LICENSORS, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SERVICE OR ANY SOFTWARE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE OR ANY SOFTWARE OR OUT OF THE BREACH OF ANY WARRANTY OR ANY OTHER CAUSE. IN NO EVENT WILL EARTHWEB, ITS AFFILIATES, SPONSORS, AGENTS, CONTENT PROVIDERS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH CONTENT OR THE SERVICE. YOU ACKNOWLEDGE THAT ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY OF THE PRODUCTS OR SERVICES DESCRIBED HEREIN IS PROVIDED SOLELY BY THE OWNER, ADVERTISER OR MANUFACTURER OF THAT PRODUCT AND/OR SERVICE, AND NOT BY EARTHWEB. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL SUBSCRIBERS. INDEMNIFICATION You agree to defend, indemnify and hold harmless EarthWeb, its affiliates, sponsors and Content Providers, and each of their respective directors, officers, employees and agents from and against all claims and expenses, including reasonable attorneys' fees, arising out of your use of the Service or your Account. NOTICES Notice of changes to this Agreement shall be made in the Subscription Plan Information section of ITKnowledge, as described in the "Changes" section of this Agreement. EarthWeb may give any other notices to you, at EarthWeb's option, by sending notices to you by electronic or conventional mail. Notices by you to EarthWeb must be given by electronic or conventional mail. Notices to EarthWeb by electronic mail must be sent to CUSTSERV@ITKnowledge.com. Notices to EarthWeb by conventional mail must be sent to: EarthWeb Inc., 3 Park Avenue, New York, New York 10016, Attn: Customer Service, ITKnowledge. Any notice conveyed by you to EarthWeb will not change the terms of this Agreement or any EarthWeb operating rule, unless the change is expressly accepted in a signed writing by an authorized officer of EarthWeb. TERMINATION Either you or EarthWeb may terminate this Agreement and your Account at any time, with or without cause. In the event that you are dissatisfied with the Service for any reason whatsoever the only right available to you is to terminate your Account by providing notice to EarthWeb pursuant to this Agreement. EarthWeb may suspend or terminate your Account, without notice, in the event of your breach of this Agreement or for other conduct which EarthWeb, in its sole discretion, considers to be unacceptable. Suspension or termination of a your Account means that the Service will no longer be accessible to you. EarthWeb shall not be responsible for any consequences of such lack of access. The provisions of the Subscriber Information, Price and Payment, Subscriber Conduct, Copyright and Limitations on Use, Disclaimers and Limitation of Liability, Indemnification, Termination, and Miscellaneous sections of this Agreement shall survive the termination of the Agreement or your Account, whether by you or EarthWeb. Special Notice to California Subscribers. As required by California Code Section 1789.3, this notice is to advise you of the following: (a) ITKnowledge is a service provided by EarthWeb Inc., 3 Park Avenue, New York, New York 10016. EarthWeb's telephone number is (212) 725-6550. (b) For a description of all current fees and charges, see the Subscription Plan Information section of ITKnowledge. EarthWeb reserves the right to change the amount of any fee or charge and to institute new fees or charges, effective upon renewal of your Subscription. (c) If you have a complaint regarding the Service or desire further information on use of the Service, contact EarthWeb by telephone at (212) 725-6550. For complaints, you may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 "R" Street, Sacramento, California 95814 or by telephone at 1-916-445-1254. RESTRICTED RIGHTS Use, duplication or disclosure by the government is subject to the restriction as set forth in subparagraph (c)(1)(ii) of the rights in Technical Data and Computer Software Clause as DFARS 252.227-7013 and FAR 52.227-19, as applicable. Supplier is EarthWeb Inc., 3 Park Avenue, New York, New York 10016. MISCELLANEOUS This Agreement constitutes the entire and only agreement between you and EarthWeb with respect to the Service, and supersedes all other communications and agreements with respect to the subject matter hereof. This Agreement may be modified from time to time upon notice by EarthWeb, as described above. This Agreement shall be deemed to have been executed in the State of New York, and shall be governed by and construed in accordance with the substantive laws of the State of New York, without regard to its conflict of laws rules. If any provision of this Agreement is determined to be invalid, all other provisions shall remain in full force and effect. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

| Products | Contact Us | About Us | Privacy | Ad Info | Home Use of this site is subject to certain Terms & Conditions, Copyright © 1996-2000 EarthWeb Inc. All rights reserved. Reproduction whole or in part in any form or medium without express written permission of EarthWeb is prohibited. Read EarthWeb's privacy statement.