1. Mothership
Services.
1.1 MemberClicks will provide the Mothership Services to Client
and its members in accordance with the Mothership Feature Summary
Guide, and may be amended from time to time at the sole
discretion of MemberClicks.
1.2 Client and its members will access the Mothership Services through
their regular Internet service provider(s) (ISP). Client and its
members may be required to provide a password and user identification
to gain access to the Mothership Services. Each member accessing
the Mothership Services will be required to agree to MemberClicks’
Acceptable Use Policy, which can be found at in the Support Lounge
area.
1.3 Client may place a link on its website to the web address as
provided by MemberClicks for the sole purpose of using and allowing
its members to use the Mothership Services. The provided link to
access the Mothership service is the only link that the client should
use. Risk of not being able to access the Mothership Services may
result to the Client and its members if Client uses any link other
than the link provided by MemberClicks. In addition, Client may
place a frame on its website so that the Mothership Services web
pages seen by Client’s members appear to be a component of
the Client website. Client is solely responsible for these links
and frames, which may not violate the rights of any third parties.
1.4 The Mothership Services may allow a user to access or link to
other sites on the Internet, including Client’s web site(s).
MemberClicks does not control the content, services, or areas of
these other sites or sites that are linked from within the Mothership
Services and Client acknowledges that MemberClicks is not responsible
for the content of these sites. MemberClicks does not prescreen
the information, graphics and other material and services posted
on the site by Client and its members (collectively “Content”),
and MemberClicks is not responsible for any Content that is inaccurate,
unlawful, abusive, defamatory, libelous, fraudulent, tortuous, invasive,
or offensive. Client acknowledges that the Content posted by Client
and its members is subject to certain legal rights (including rights
of privacy) of others and that MemberClicks is not responsible for
the accuracy, completeness, timeliness or usefulness of the Content
that is placed on or distributed through the Site. Client and its
members must evaluate and bear the risk associated with any reliance
on the accuracy, completeness, timeliness or usefulness of any Content.
1.5 Although MemberClicks will make commercially reasonable efforts
to make the Mothership Services available to Client and its members,
MemberClicks does not represent that services will never be suspended,
relocated, terminated, or temporarily unavailable.
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2.
Fees.
Client agrees to pay the fees associated with the Mothership Services
as listed on the Mothership fee schedule found at , as amended from
time to time at the sole discretion of MemberClicks.
3. Client's Representations and Warranties.
Client warrants and represents that: a) it has the right to enter
into this Addendum and to grant the rights granted in it; b) it
owns or is the authorized user of any Content placed on the site
by the Client and the posting of Client’s Content on the Mothership
Services will not violate any proprietary rights of a third party;
and c) Client will only use the Mothership Services for lawful purposes
and shall not under any circumstances do any of the following: i)
upload or otherwise transmit on the Mothership Services any defamatory,
harmful, obscene, threatening, vulgar, profane, or racially, ethically
or otherwise objectionable material; ii) upload or otherwise transmit files that knowingly contain a virus or otherwise corrupted data; iii) use
Mothership Services to violate the legal rights (including the rights
of privacy and publicity) the others; iv) download a file that Client
and its members know or have reason to believe cannot be distributed
legally over the Mothership Services; or v) use any application
or other means to add/ change/ delete or attempt to add/change/delete
Content in any Mothership Services' databases other than the application
and utilities provided by the Mothership Services service.
4. Interpretation.
This Addendum is only a part of the entire Agreement between Client
and MemberClicks. The Agreement consists of the General Terms and
Conditions, along with the General Billing Policies, the Order Form,
and any applicable Addenda. Any term not otherwise defined in this
Addendum shall have the meaning specified in the Agreement.
Need further Assistance?
Call us at 1.800.500.8381
or email: support@memberclicks.com
©2004 MemberClicks, Inc.
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