pulpandpaper.net - Terms of Use Agreement

TERMS OF USE AGREEMENT FOR PULPANDPAPER.NET WEBSITE

THIS AGREEMENT WAS LAST UPDATED ON 1 AUGUST 2002.

Pulpandpaper.net (the "Service") is a news and information service from Pulp and Paper Network, LLC ("PPN"). By logging in, and using the Service, you are indicating that you are 18 years old or older, and that you agree to be bound by all of the terms in this Subscription Agreement. You may print and keep a copy of this Agreement. PPN may change the terms in this Subscription Agreement. When the terms are changed, PPN will notify you by e-mail and/or online postings. The changes also will appear in this document, which you can access at any time by clicking on the "Terms of Use" on the bottom of every web page in pulpandpaper.net. By accessing the Service after any change in this Subscription Agreement is posted, you agree to be bound by all of the changes as well.

PPN’s third party information providers (e.g. OsterDowJones, Walden-Mott Corp., Pap’Argus, etc.) for the Service shall have the right to enforce the terms and to enjoy the protections of this Subscriber Agreement applicable to PPN.

By logging into the service, you also are agreeing that PPN may store information you provide as part of the registration process and usage information, and provide aggregate statistical information about the Service subscribers to advertisers, potential advertisers, and content licensors. PPN also may use the information to inform you about other PPN publications, products and services, unless you notify PPN that you do not wish to receive this information. However, no one other than PPN will receive your name, address, phone number, email address, or other specific personal identifying information, if you notify PPN by e-mail that you do not want this information shared with third parties. PPN also may deliver additional messages about the Service to you by e-mail.

If PPN and you, or your employer, have manually signed a paper version of a contract governing your use of the Service, the terms in that manually signed, paper document are not amended by, and supersede, terms in this Subscription Agreement.

FEES AND PAYMENTS

You can always find the current Subscription Fees and charges posted on the Subscription Services page. Your subscription will continue until terminated by PPN or until you notify PPN by telephone (+1 (201) 818-4175) or fax (+1 (201) 818-8720) of your decision to terminate your subscription. You agree to pay or have paid all fees and charges incurred in connection with your user name or password at the rates in effect when the fees and charges were incurred. All fees and charges are nonrefundable. PPN may charge late fees on overdue accounts, and you agree to pay or to have paid all costs (including, without limitation, attorneys' fees) incurred to collect overdue amounts. PPN may change the Subscription Fees and charges then in effect, or add new fees or charges, by giving you notice in advance.

All fees and charges incurred in connection with your user name or password will be billed to the credit card you designate during the registration process for the Service or if agreed in advance by PPN, billed by email invoice. If there are any annual, monthly or similar periodic fees for your Service subscription, these fees will be billed automatically to your credit card at the start of the annual, monthly or similar period, and at the start of each renewal period, unless you terminate your subscription before the relevant period begins. If you want to designate a different credit card or there is a change in your credit card validity or expiration date, or if you believe someone has accessed the Service using your user name or password without your authorization, you must call PPN Customer Service at (+1 (201) 818-4175). 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 PPN, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY, WHICH WERE NOT AUTHORIZED BY YOU.

If PPN and you, or your employer, have manually signed a paper version of a contract governing your use of the Service some or all of these "Fees and Payments" terms may not apply to you. Please contact your employer for details.

COPYRIGHT AND LIMITATIONS ON USE

Only one individual may access the Service at the same time using the same user name or password, unless agreed otherwise by PPN. The content available through the Service is the property of PPN or its licensors and is protected by copyright and other intellectual property laws. Content received through the Service may be displayed, reformatted and printed for your personal, non-commercial use only. You agree not to reproduce, retransmit, distribute, display, sell, publish, broadcast or circulate any content received through the Service to anyone, including but not limited to others in the same company or organization, without the express prior consent of PPN, with this one exception:

You may, on an occasional and irregular basis, disseminate an insubstantial portion of content retrieved from the Service, for a noncommercial purpose, without charge, and in non-electronic form, to a limited number of individuals, provided you include all copyright and other proprietary notices with such portion of the content in the same form in which the notices appear in the Service, and the phrase "Used with permission from Pulp and Paper Network and its licensors." To request consent for other matters, please send an e-mail to webmaster@pulpandpaper.net.

The Service includes facts, views, opinions and recommendations of third parties deemed of interest. PPN and its content licensors do not guarantee the accuracy, completeness or timeliness of, or otherwise endorse, these views, opinions or recommendations, give tax or investment advice, or advocate the purchase or sale of any security or investment.

DISCLAIMER OF WARRANTIES AND LIABILITY

Due to the number of sources from which content on the Service is obtained, and the inherent hazards of electronic distribution, there may be delays, omissions or inaccuracies in such content and the Service. PPN AND ITS AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT AVAILABLE THROUGH THE SERVICE OR THE SERVICE ITSELF. PPN AND ITS AFFILIATES, AGENTS OR LICENSORS SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR DAMAGE, OTHER THAN DEATH OR PERSONAL INJURY RESULTING DIRECTLY FROM USE OF THE SERVICE, CAUSED IN WHOLE OR PART BY CONTINGENCIES BEYOND THEIR CONTROL OR NEGLIGENCE IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING THE SERVICE AND ANY CONTENT THROUGH THE SERVICE. IN NO EVENT WILL PPN, ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH CONTENT. PPN AND ITS AFFILIATES, AGENTS AND LICENSORS SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES OTHER THAN DIRECT DAMAGES (INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY OF PPN, ITS AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM (WHETHER IN CONTRACT, TORT OR OTHERWISE) IN ANY WAY CONNECTED WITH THE SERVICE OR THE CONTENT IN THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO PPN FOR THE USE OF THE SERVICE IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM.

PPN may discontinue or change the Service or certain content within the Service, or its availability to you, at any time, and you may always terminate your subscription at any time. This Agreement is personal to you, and you may not assign your rights or obligations to anyone. If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. This Agreement, your rights and obligations, and all actions contemplated by this Agreement shall be governed by the laws of the United States of America and the State of New Jersey, as if the Agreement was a contract wholly entered into and wholly performed within the State of New Jersey. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.

IF YOU AGREE TO BE BOUND BY ALL OF THE TERMS IN THIS AGREEMENT, PLEASE INDICATE YOUR ACCEPTANCE BY LOGGING INTO THE SERVICE.