1. ACCEPTANCE OF TERMS

Welcome to Carbondale Now!. Carbondale Now provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. When using particular Carbondale Now services, you and Carbondale Now shall be subject to any posted guidelines or rules  applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. If you are a recipient of  Carbondale Now ‘s xcyte.net Internet services, please note that these services are also covered in this TOS.

2. DESCRIPTION OF SERVICE

Carbondale Now through xcyte.net currently provides users with access to a rich collection of on-line resources, online business to consumer applications, career opportunities, community events calendar, community e-mail and web site directories, and any new features that augment or enhance the current Service, including the release of new Carbondale Now or xcyte.net properties, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that Carbondale Now and xcyte.net assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please be aware that Carbondale Now and xcyte.net have the right to remove any material that they may consider objectionable.

 3. YOUR REGISTRATION OBLIGATIONS

In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the various application Service's registration forms (such information  being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Carbondale Now and xcyte.net has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Carbondale Now/xcyte.net  has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
 
4. CARBONDALE NOW AND XCYTE.NET PRIVACY POLICY

 Your application registration, if required, will only be used for internal Carbondale Now use.

 5. MEMBER ACCOUNT, PASSWORD AND SECURITY

You may be asked to provide  a password and user identification during some of the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Carbondale Now or xcyte.net of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Carbondale Now and xcyte.net cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.

6. MEMBER CONDUCT

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are  the sole responsibility of the person from which such Content originated. This means that you, and not Carbondale Now and xcyte.net, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Service. Carbondale Now and xcyte.net does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that may be offensive, indecent or objectionable. Under no circumstances will Carbondale Now and xcyte.net be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, e-mailed or otherwise transmitted via the Service.

 You agree to not use the Service to:

a. upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of anther's privacy, hateful, or racially, ethnically or otherwise objectionable;

b. harm minors in any way;

c. impersonate any person or entity, including, but not limited to, a Carbondale Now and xcyte.net official, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;

d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;

e. upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

f. upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;

g. upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose;

h. upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

i. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;

j. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;

k. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;

l. "stalk" or otherwise harass another; or

m. collect or store personal data about other users.

You acknowledge that Carbondale Now and xcyte.net does not pre-screen Content, but that Carbondale Now and xcyte.net and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service. Without limiting the foregoing, Carbondale Now and xcyte.net and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must  evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Carbondale Now and xcyte.net or submitted to Carbondale Now and xcyte.net,  in all parts of the Service.

You acknowledge and agree that Carbondale Now and xcyte.net may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Carbondale Now and xcyte.net, its users and the public.

You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which
you reside.

 8. PUBLIC CONTENT POSTED TO CARBONDALE NOW

(a) For purposes of the TOS, "publicly accessible areas of the Service" are those accessible by the general public. By way of example, a publicly accessible area of the Service would include Carbondale Now Calendar of Events and the Web Site Directory

(b) With respect to Content you elect to post for inclusion in publicly accessible areas of Carbondale Now that consists of photos or other graphics you elect to post to any other publicly accessible area of the Service, you grant Carbondale Now and xcyte.net the world-wide, royalty free and non-exclusive license to reproduce, modify, adapt and publish such Content on the Service solely for the purpose of displaying and distributing to which such Content was  submitted, or, in the case of photos or graphics, solely for the purpose for which such photo or  graphic was submitted to the Service. This license exists only for as long as you elect to continue to include such Content on the Service and shall be terminated at the time you delete such Content from the Service.

(c) With respect to all other Content you elect to post to other publicly accessible areas of the Service, you grant Carbondale Now and xcyte.net the royalty free, perpetual, irrevocable, non-exclusive and fully sub licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.

9. INDEMNITY

You agree to indemnify and hold Carbondale Now and xcyte.net, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable  attorneys' fees, made by any third party due to or arising out of Content you submit, post to or  transmit through the Service, your use of the Service, your connection to the Service, your violation  of the TOS, or your violation of any rights of another.

10. NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any  portion of the Service, use of the Service, or access to the Service.

11. MODIFICATIONS TO SERVICE

Carbondale Now and xcyte.net reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Carbondale Now and xcyte.net shall no be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

12. TERMINATION

You agree that Carbondale Now and xcyte.net, in its sole discretion, may terminate your password, account (or any part
thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if Carbondale Now and xcyte.net believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Carbondale Now and xcyte.net 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 TOS may be effected without prior notice, and acknowledge and agree that Carbondale Now and xcyte.net may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Carbondale Now/xcyte.net shall not be liable to you or any third party  for any termination of your access to the Service.

13. DEALINGS WITH ADVERTISERS

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other  terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Carbondale Now and xcyte.net shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

14. LINKS

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Carbondale Now and xcyte.net has no control over such sites and resources, you acknowledge and agree that Carbondale Now and xcyte.net are not responsible for the availability of such external sites or resources, and does not  endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Carbondale Now and xcyte.net shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

15.PROPRIETARY RIGHTS

You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by xcyte.net or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
 

16. DISCLAIMER OF WARRANTIES

You expressly agree that:

a. Your use of this service is at your sole risk. The service is provided on a “as is” and “as available” basis. Carbondale Now and xcyte.net expressly declaims all warranties implied or otherwise.

b. Carbondale Now and xcyte.net make no warranty that; the service will meet your requirements, the service will be uninterrupted, timely, secure, or error free, the results that may be obtained from the use of the service will be accurate or reliable, the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and any errors in the software will be corrected.

c. Any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

d. No advice or information, whether oral or written, obtained by you from xcyte.net or through or from the Service shall create any warranty not expressly stated in this TOS.

17. LIMITATION OF LIABILITY

You expressly understand and agree that Carbondale Now or xcyte.net shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages or loss of profits, goodwill, use, data or other intangible losses (even if Carbondale Now or xcyte.net has been advised of the possibility of such damages) resulting from: the use or the inability to use the service;  the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into, through, or from the Service; unauthorized access to or alteration of your transmission or data; statements or conduct of any third party on the Service; or any other matter relating to the Service.

18. EXCLUSIONS AND LIMITATIONS

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or the exclusion of liability for incidental or consequential damages accordingly.