Acknowledgment and Acceptance of PowerBlaze Terms of Service

BY COMPLETING THE REGISTRATION PROCESS AND CLICKING THE "ACCEPT" BUTTON, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE AGREEMENT BELOW. READ THE AGREEMENT CAREFULLY AS IT SETS FORTH YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO USE OF THE POWERBLAZE SERVICES. IF YOU ARE NOT WILLING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU SHOULD CLICK THE "I DON'T ACCEPT" BUTTON.

1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE

The web-based disk space on the PowerBlaze sites ("Sites") is provided to you ("User") under the terms and conditions of these web-based disk space terms of service ("TOS") and any operating rules or policies that may be published by PowerBlaze. The TOS comprise the entire agreement between the User and PowerBlaze and supersede all prior agreements between the parties regarding the subject matter contained herein.

2. DESCRIPTION OF THE SERVICES

PowerBlaze agrees to provide the User with access to a rich collection of on-line resources, including the storage and sharing of text, music, sound, photographs, graphics, video, messages or other materials ("Services"). The Services allow the User to upload, store, and manage files in accordance with the TOS. The User must: (a) provide all equipment, including a computer and modem, necessary to establish a connection to the web; (b) provide for the User's own access to the web and pay any telephone or other connection and service fees associated with such access.

2.1 Advertising

PowerBlaze and/or its partners may serve advertisements on the Sites, or work with a third party to serve the advertisements. Advertisements placed on the Sites may include but are not limited to banner advertisements, paid links, pop-up windows, buttons, and sponsorships. The User agrees that PowerBlaze has the right to run such advertisements and promotions. The User's correspondence or business dealings with, or participation in, promotions of advertisers found on or through the Services, including payment for and delivery of related goods or services, and any other or representations associated with such dealings, are solely between the User and such advertiser. The User agrees that PowerBlaze 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 Services. Privacy protection is PowerBlaze's number one priority. PowerBlaze uses the patent-pending "dual blind" privacy protection technology which allows PowerBlaze to customize advertisements for the User's browser without ever knowing the User's name, address, social security number, telephone number or any other personally identifiable information. It's completely anonymous. And PowerBlaze does not store any data that is considered sensitive or controversial (specific medical and financial information, adult content, sexual preference, etc). PowerBlaze has some of the most privacy-safe technologies and policies on the Internet. PowerBlaze can deliver targeted advertising to the User's browser--offers and opportunities of interest to the User--without ever knowing the User's identity. But PowerBlaze believes the most important privacy safeguard is consumer choice.

3. PRIVACY POLICY

In consideration for the Services, the User agrees to: (a) provide certain current, complete, and accurate information about the User as prompted to do so by the Services; and (b) maintain and update this information as required to keep it current, complete and accurate. All information requested during original sign-up shall be referred to as registration information ("Registration Information"). This Registration Information will be owned by PowerBlaze and its partners if applicable. If any information provided by the User is inaccurate, PowerBlaze retains the right to terminate the User's membership and rights to use the Services. PowerBlaze may disclose to third parties certain aggregate information contained in the User's Registration Information or related data, provided that such information will not include personally identifying information, except as specifically authorized by the User or in the good faith belief that such action is reasonably necessary to comply with the law, legal process, to enforce the TOS or under any of the other circumstances set forth in PowerBlaze's privacy policy, as may be amended from time to time.

4. MODIFICATIONS TO TERMS OF SERVICE

PowerBlaze reserves the right to modify the terms and conditions of the TOS at any time and at its sole discretion. PowerBlaze will post any update(s) to the TOS on this web site. By continuing to use the Services, the User agrees to be bound by the amended TOS.

5. MODIFICATIONS TO THE SERVICES

PowerBlaze reserves the right to modify or discontinue the Services, or any portion thereof, at any time, with or without notice to the User. PowerBlaze shall not be liable to the User nor any third party should PowerBlaze exercise its right to modify or discontinue the Services.

6. USER ACCOUNT, PASSWORD, AND SECURITY

The User is entirely responsible for maintaining the confidentiality of the User's password and account, and for any and all activities which occur under the User's account or password. The User agrees to immediately notify PowerBlaze of any unauthorized use of the User's account, password, or any other breach of security known to the User. The User may change his or her password or icon by following instructions on the system. The User may also set up a new account and close an old one in accordance with directions on PowerBlaze's system.

7. DISCLAIMER OF WARRANTIES

PowerBlaze provides the Services on an "as is" and "as available" basis, and the User uses such Services at his or her sole risk. PowerBlaze makes no warranty that the Services will meet the User's requirements, or that the Services will be uninterrupted, timely, secure, or error free; nor does PowerBlaze make any warranty as to the results that may be obtained from the use of the Services or as to the accuracy or reliability of any information obtained through the Services, or that defects in the Services will be corrected. PowerBlaze expressly disclaims all warranties of any kind, whether express, implied or statutory, including, but not limited to, the implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. The User understands and agrees that any material and/or data downloaded or otherwise obtained through the use of the Services is done at the User's own discretion and risk, and that PowerBlaze is not responsible for any damage to the User's computer system or loss of data that results from the download of such material and/or data. PowerBlaze make no warranty regarding any goods or services purchased or obtained through the Services or any transactions entered into through the Services. No advice or information, whether oral or written, obtained by the User from PowerBlaze shall create any warranty not expressly made herein. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to the User.

8. LIMITATION OF LIABILITY

PowerBlaze will not be liable for any loss of use, interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including but not limited to lost profits) regardless of the form of action, whether in contract, tort (including negligence) strict product liability, or otherwise, even if PowerBlaze has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above limitations may not apply to the User.

9. DATA STORAGE AND OTHER LIMITATIONS

PowerBlaze retains the right, at its sole discretion, to determine whether or not the User's conduct is consistent with the letter and spirit of the TOS and may terminate the provision of Services to the User if PowerBlaze determines in its sole discretion that the User's conduct is inconsistent with the TOS. PowerBlaze ASSUMES NO RESPONSIBILITY FOR THE FAILURE TO STORE ANY DATA.

10. USER CONDUCT

The User understands 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 the User, and not PowerBlaze, is entirely responsible for all Content that the User uploads, posts or otherwise transmits via the Services. PowerBlaze does not control the Content posted via the Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. The User understands that by using the Services, the User may be exposed to Content that is offensive, indecent or objectionable. The User agrees to not use the Services to:
(a) upload, post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another'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 PowerBlaze official, forum leader, guide or host, or falsely state or otherwise misrepresent the User's 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 Services or develop restricted or password-only access pages, or hidden pages or images (those not linked to from another accessible page);
(e) upload, post or otherwise transmit any Content that the User does not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(f) upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(g) upload, post 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 of the Services that are designated for such purposes;
(h) upload, post 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 Services 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 Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
(k) intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, any rules of any national or other securities exchanges, 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;
(m) collect or store personal data about other users;
(n) promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons, and creating "Crush" sites;
(o) use the home page (or directory) as storage for remote loading or as a door or signpost to another home page, whether inside or beyond the PowerBlaze Services; or
(p) have multiple PowerBlaze addresses that are within the same PowerBlaze neighborhood or that have the same theme.

11. CONTENT SUBMITTED TO POWERBLAZE

PowerBlaze does not claim ownership of the Content the User places on the Sites. By submitting Content to PowerBlaze for inclusion on the Sites, the User grants PowerBlaze the worldwide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting the Sites on PowerBlaze's Internet properties. This license exists only for as long as the User continues to be a PowerBlaze user and shall be terminated at the time the Sites are terminated. The User acknowledges that PowerBlaze does not pre-screen Content, but that PowerBlaze 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 Services. Without limiting the foregoing, PowerBlaze and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. The User agrees that the User 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.

12. LINKS

The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because PowerBlaze has no control over such sites and resources, the User acknowledges and agrees that PowerBlaze is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible nor liable for any Content, advertising, products, or other materials on or available from such sites or resources. The User further acknowledges and agrees that PowerBlaze 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.

13. INDEMNIFICATION

The User agrees to indemnify, defend (at PowerBlaze's request), and hold PowerBlaze and PowerBlaze's parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made or brought by any third party due to or arising out of the User's use of the Services or any part thereof, the violation of this TOS or any provision therein by the User, or the infringement or misappropriation by the User, or a third party using the User's computer, account or password to access and/or use the Services, of any Intellectual Property Rights of any person or entity, or the use or misuse by the User or third parties of the User's passwords or accounts.

14. PROPRIETARY RIGHTS TO CONTENT

The User acknowledges that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements, or Internet-distributed, commercially produced information presented to the User through the Services by PowerBlaze, PowerBlaze's advertisers, or other PowerBlaze users, may be protected by copyrights, trademarks, patents or other proprietary rights and laws ("Protected Content"); therefore, the User is only permitted to use this Protected Content as expressly authorized by the owner of the Protected Content ("Owner"), the Services or the advertiser. The User may not copy, reproduce, distribute, or create derivative works from this Protected Content without expressly being authorized to do so by the Owner, the Services or the advertiser.

15. TERM AND TERMINATION

Either the User or PowerBlaze may wish to discontinue access to the Services with or without cause at any time, for any reason, including, without limitation, for lack of use or if PowerBlaze believes that the User has violated or acted inconsistently with the letter or spirit of the TOS. The User agrees that any termination of the User's access to the Services under any provision of this TOS may be effected without prior notice, and acknowledges and agrees that PowerBlaze may immediately deactivate or delete the User's Sites and all related information and files in the User's Sites and/or bar any further access to such files or the Services. Further, the User agrees that PowerBlaze shall not be liable to the User nor any third party for any termination of the User's access to the Services. Should the User object to any terms and conditions of the TOS or any subsequent modifications thereto or become dissatisfied with the Services in any way, the User's only recourse is to immediately discontinue use of the Services.

16. NOTICE

All notices to a party shall be in writing and shall be made either via online announcements, email, or conventional mail. PowerBlaze may broadcast notices or messages through the Services to inform the User of changes to the TOS, the Services, or other matters of importance; such broadcasts shall constitute notice to the User.

17. LAW

The TOS shall for all purposes be governed by and interpreted in accordance with the laws of the Hong Kong Special Administrative Region ("HKSAR"), excluding its conflict of law provisions. The User and PowerBlaze agree to submit to the exclusive jurisdiction of the courts of the HKSAR. PowerBlaze's failure to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision unless acknowledged and agreed to by PowerBlaze in writing.

18. ASSIGNMENT

No right may be assigned, and no duty may be delegated, by either party under this agreement except upon the written consent of the other party and any attempted assignment and delegation without such consent shall be void and without effect. Notwithstanding the foregoing, however, PowerBlaze shall be entitled to assign this agreement, and all rights and obligations hereunder, to a successor to all or substantially all of its assets, whether by sale, merger or otherwise. These TOS shall be binding upon and shall inure to the benefit of the parties hereto and their respective representatives, heirs, administrators, successors and permitted assigns except as otherwise provided herein.

19. NO AGENCY

Neither party is, nor will it be deemed to be, an agent or legal representative of the other party for any purpose. Neither party will be entitled to enter into any contracts in the name of or on behalf of the other party, and neither party will be entitled to pledge the credit of the other party in any way or hold itself out as having authority to do so.

20. SEVERABILITY

If any provision(s) of the TOS is/are held by a court of competent jurisdiction to be contrary to law, or otherwise invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.

21. WAIVER

Any waiver (express or implied) by either party of any breach of these TOS shall not constitute a waiver of any other or subsequent breach. No provision of the TOS will be waived by any act, omission or knowledge of a party or its agents or employees except by an instrument in writing expressly waiving such provision and signed by a duly authorized officer of the waiving party.

22. STATUTE OF LIMITATIONS

The User and PowerBlaze agree that any cause of action arising out of or related to these Services must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

23. TITLES

The section titles in the TOS are used solely for the convenience of the parties and have no legal or contractual significance.