ZipMeeting.com Terms of Use

Welcome to the ZipMeeting.com website ("ZipMeeting.com Website"), a site owned and operated by Blacks Design, Inc.

These Terms of Use, along with policies and guidelines located throughout the ZipMeeting.com Website, identify what users of the ZipMeeting.com Website and their Invitees (collectively, "Users") can expect from Blacks Design, Inc. and the ZipMeeting.com Website and what we expect from Users. ("Invitees" is defined in section II. DESCRIPTION OF SERVICES below.) By accessing any areas of the ZipMeeting.com Website, Users are deemed to have accepted these Terms of Use and other policies and guidelines identified throughout the ZipMeeting.com Website.

I. ONLINE CONDUCT

User agrees to use the ZipMeeting.com Website only for lawful purposes. User is prohibited from posting on or transmitting through the ZipMeeting.com Website any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.

If ZipMeeting.com is notified of any information, e-mails (commonly called "spam"), data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material posted on or sent through the ZipMeeting.com Website (collectively "Content") provided by User (either through a Free Trial Account or a regular Customer Account) that is allegedly infringing, harassing, defamatory, damaging, illegal, or offensive, Blacks Design, Inc. may investigate the allegation and determine in its sole discretion whether to remove the User's Account or request the removal of such Content from the ZipMeeting.com Website. Blacks Design, Inc. may disclose any Content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the ZipMeeting.com Website; or (iii) to protect the rights or property of Blacks Design, Inc. and its officers, directors, employees, agents, third-party content providers, merchants, sponsors, and licensors (collectively, "ZipMeeting.com Providers") and any other User.

Blacks Design, Inc. reserves the right to prohibit conduct, communication, or Content that it deems in its sole discretion to be harmful to individual Users, Blacks Design, Inc., the ZipMeeting.com Website, any communities that make up the ZipMeeting.com Website, or any rights of Blacks Design, Inc. or any third party, or that violate any applicable law. Notwithstanding the foregoing, no ZipMeeting.com Provider can ensure prompt removal of questionable Content after online posting. Accordingly, no ZipMeeting.com Provider shall assume liability for any action or inaction with respect to conduct, communication, or Content on the ZipMeeting.com Website.

II. DESCRIPTION OF SERVICES

The ZipMeeting.com Website offers an online system whereby a User can quickly and easily coordinate a meeting time, date, and location ("Setup a Meeting") among a group of the User's intended Meeting participants ("Invitees"). To use the ZipMeeting.com Website, Users and their Invitees must have access to e-mail and a web browser. Users can create either a Free Trial Account or complete an order to purchase a regular Customer Account.

a. Free Trial Accounts

No purchase is necessary to create a Free Trial Account. Free Trial Accounts are meant only to demonstrate the ZipMeeting.com Website system, therefore certain limitations exist: (i) Free Trial Accounts expire after 30 days, and (ii) Users may invite no more than six (6) invitees per Meeting. To open a Free Trial Account, Users need to create a password-protected account on the ZipMeeting.com Website. [See Privacy Policy]

b. Regular Customer Accounts

To open a regular Customer Account, Users need to (i) select and pay in advance for the number of months they wish to use the ZipMeeting.com Website system and, (ii) create a password-protected account on the ZipMeeting.com Website. [See Privacy Policy]

There is no limitation on the number of Meetings or number of Invitees per Meeting on a regular Customer Account; a User may setup as many Meetings as desired until his/her Account expires. Inside each Customer Account, the ZipMeeting.com Website displays the Account expiration date (visible to the User by clicking the "Manage Account" link).

c. General

The ZipMeeting.com system includes an "Activity Log" to track e-mail activity for each Meeting in each Account (in both Customer Accounts and Free Trial Accounts). A Meeting's Activity Log records the date sent, time sent, recipient and subject for every email sent to the Invitees during the process of setting up a Meeting. Activity Log entries are proof only that an email was sent — the Log entries are not proof of delivery, especially in cases where the Invitee's email address has been mis-typed or no longer exists.

III. PRIVACY POLICY

Blacks Design, Inc. respects the privacy of its Users. The terms and conditions of the Blacks Design, Inc. Privacy Policy, http://www.ZipMeeting.com/privacy.htm, are incorporated herein by reference.

IV. TRADEMARKS & COPYRIGHT

The ZipMeeting.com Website and its software are copyright © 2004-2006 Blacks Design, Inc. All rights are reserved. Microsoft Outlook^TM is a registered trademark of Microsoft Corporation. All graphics, logos, service marks, trademarks and trade dress of Blacks Design, Inc., used on the ZipMeeting.com Website, may not be used without prior written consent of Blacks Design, Inc.. Without limiting the foregoing, no Blacks Design, Inc. copyrighted material, including but not limited to its software, may be used in connection with any product or service that does not belong to Blacks Design, Inc., in any manner that is likely to cause confusion among Users, or in any manner that disparages or discredits Blacks Design, Inc.

V. CONTENT

a. Proprietary Rights

As part of the ZipMeeting.com Website system, Users may post Content within their individual, password-protected Accounts; this Content is shared with the User's Invitees as "Meeting Documents". User acknowledges that he/she may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right. In addition, User acknowledges that he/she is responsible for ensuring all posted Content is virus-free, and that use of any software Content shall be governed by the software license agreement accompanying such software.

b. Uploading and Distribution Of Content

Except as set forth in paragraph a. above, Users may upload to or otherwise distribute, as a Meeting Document within their Account on the ZipMeeting.com Website, only Content that is not subject to any copyright or other proprietary rights protection, or Content in which the author has given express authorization for distribution on the World Wide Web. Any copyrighted or other proprietary Content distributed with the consent of a copyright owner should contain a phrase such as "Copyright, owned by [name of owner]; used by permission." The unauthorized submission or distribution of copyrighted or other proprietary Content is illegal and could subject the User to criminal prosecution as well as personal liability for damages in a civil suit. User will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such submission, including harm from any virus-infected files the User may have posted. No ZipMeeting.com Provider will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such User submission, including harm from any virus-infected files the User may have posted. In compliance with the Digital Millennium Copyright Act, Users and other persons can report an infringement to Blacks Design, Inc. at support@ZipMeeting.com.

Content (in the form of Meeting Documents) that is posted by a User to a specific Meeting is initially only made available by the ZipMeeting.com Website to the Invitees of that Meeting; Content posted to one Meeting is not specifically made available by the ZipMeeting.com Website to any other Meetings within the User's Account. However, User acknowledges that by posting Content (Meeting Documents) to a Meeting, User is agreeing to share such Content with the Invitees of that Meeting, and that once the User's Invitees have access to the Content, the ZipMeeting.com Website no longer has any control over the distribution of such Content. Under no circumstances will any ZipMeeting.com Provider be liable for any loss, damage or harm caused by the manner in which a User's Invitees share, handle or distribute the User's Content.

c. Third-Party Content

Blacks Design, Inc. is a distributor and not a publisher of Content supplied by Users. Blacks Design, Inc. has no editorial control over such Content. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content expressed or made available by Users, are those of the respective authors or distributors and not of Blacks Design, Inc. or any of their officers, directors, employees, or agents. No ZipMeeting.com Provider guarantees the accuracy, completeness, or usefulness of any Content, nor its fitness for any particular purpose. Under no circumstances shall Blacks Design, Inc. or any of their officers, directors, employees, or agents be liable for any loss, damage or harm caused by a User's reliance on information obtained through the ZipMeeting.com Website. It is the responsibility of User to evaluate the information, opinion, advice, or other Content available through the ZipMeeting.com Website.

d. Export

The U.S. export control laws regulate the export and reexport of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. User agrees to abide by these laws and their regulations -- including but not limited to the Export Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any Content derived from the ZipMeeting.com Website to either a foreign national or a foreign destination in violation of such laws.

VI. TERMINATION OF USAGE

Blacks Design, Inc. may suspend or terminate any User's access to all or any part of the ZipMeeting.com Website including any account thereon, without notice, for any reason in Blacks Design, Inc.'s sole discretion, including without limitation Blacks Design, Inc.'s belief that such access would violate any applicable law or would be harmful to the interests of any ZipMeeting.com Provider or another User. Upon termination of any User's regular Customer Account, Blacks Design, Inc. will reimburse User for any unused Meetings the User had purchased.

VII. PASSWORD SECURITY

Every User is responsible for (i) keeping such User's ZipMeeting.com Website account password confidential and (ii) restricting access to such User's computer. Each User agrees to accept full responsibility for all activities that occur within such User's ZipMeeting.com Website Account.

VIII. DISCLAIMERS AND LIMITATION OF LIABILITY

THE ZIPMEETING.COM WEBSITE IS PROVIDED BY ZIPMEETING.COM PROVIDERS ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, EACH ZIPMEETING.COM PROVIDER DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

WITHOUT LIMITING THE FOREGOING, NO ZIPMEETING.COM PROVIDER MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF THE ZIPMEETING.COM WEBSITE, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT THE ZIPMEETING.COM WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE ZIPMEETING.COM WEBSITE; OR (IV) THAT THE ZIPMEETING.COM WEBSITE, ITS SERVERS, CONTENT, OR E-MAIL SENT FROM OR ON BEHALF OF ZIPMEETING.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

NO ZIPMEETING.COM PROVIDER GUARANTEES THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE ZIPMEETING.COM WEBSITE OR ANY RELATED SERVICES. THE OPERATION OF THE ZIPMEETING.COM WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF ANY ZIPMEETING.COM PROVIDER.

UNDER NO CIRCUMSTANCES SHALL ANY ZIPMEETING.COM PROVIDER BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE ZIPMEETING.COM WEBSITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THE ZIPMEETING.COM WEBSITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO ZIPMEETING.COM'S RECORDS, PROGRAMS, OR SERVICES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE ZIPMEETING.COM WEBSITE.

NO ZIPMEETING.COM PROVIDER WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THE ZIPMEETING.COM WEBSITE, EVEN IF SUCH ZIPMEETING.COM PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO A USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO SUCH USER, AND SUCH USER MAY HAVE ADDITIONAL RIGHTS.

IX. SEVERABILITY

The provisions of these Terms of Use are intended to be severable. If for any reason any provision of these Terms of Use shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.

X. APPLICABLE LAW; JURISDICTION

This site is created and controlled by Blacks Design, Inc. in the State of California. As such, the laws of the State of California will govern these Terms of Use, without giving effect to any principles of conflicts of laws.

User hereby irrevocably and unconditionally consents to submit to the exclusive jurisdiction of the courts of the State of California and of the United States of America located in the State of California for any litigation arising out of or relating to use of or purchase made through the ZipMeeting.com Website (and agrees not to commence any litigation relating thereto except in such courts), waives any objection to the laying of venue of any such litigation in the California Courts and agrees not to plead or claim in any California Court that such litigation brought therein has been brought in an inconvenient forum.

XI. BINDING ARBITRATION

Any controversy or claim arising out of or relating to this Terms of Use (including any breach thereof), the ZipMeeting.com Website, or any Content obtained from the ZipMeeting.com Website shall be settled by confidential arbitration in California, California administered by the American Arbitration Association under its Commercial Arbitration Rules (including without limitation the Supplementary Procedures for Consumer-Related Disputes), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated with any claim or controversy of any other party. The foregoing shall not preclude Blacks Design, Inc. from seeking any injunctive relief in State or Federal courts located in the State of California for protection of Blacks Design, Inc.'s intellectual property rights, and you consent to exclusive jurisdiction and venue in such courts.

XII. ACKNOWLEDGMENT

The Terms of Use, including all documents referenced herein, represents the entire understanding between User and Blacks Design, Inc. regarding User's relationship with Blacks Design, Inc. and supersedes any prior statements or representations. When using the ZipMeeting.com Website or making a purchase there from, USER AGREES TO BE BOUND BY THESE TERMS OF USE.

XIII. MODIFICATION

Blacks Design, Inc. reserves the right to make changes to the ZipMeeting.com Website, posted policies and these Terms of Use at any time without notice. These Terms of Use were last revised in April 2006.