5. Tripod Member Profiles
Tripod Member Profiles are intended to be brief descriptions of Members and the content contained on Member Profiles should conform to the same content standards applied to Member Web pages.

6. Rules for Online Conduct: Tripod Surveys, Chatrooms, and Conferences
By participating in any of the above services, the Member agrees not to include any electronic mail or postings ("Postings") that contain any of the following material in Tripod Surveys, Chatrooms, or Conferences:

1. Material that defames, abuses or threatens others.
2. Statements that are bigoted, hateful or racially offensive.
3. Material that advocates illegal activity.
4. Material that contains obscene content.
5. Advertising or any form of commercial solicitation.

Survey responses are reviewed before appearing on the Site. Chat and Conference Postings are not reviewed prior to appearing on the Site. Tripod reserves the right to edit, delete, or move any Postings.

7. Privacy
All information provided by a Member is strictly confidential. Tripod reserves the right to distribute aggregated demographic information provided by Members, but will never release the name or other personal information about a Member without the permission of the Member.

The exchange between Tripod and the Member of information such as passwords or electronic mail may not be secure given the current state of the Internet. Tripod encourages Members to change their passwords frequently.

Postings and other communications with Tripod are not private and may be published and edited at the discretion of Tripod unless specifically instructed otherwise.

8. Copyrighted Material
All material on the Site, including, without limitation, text, software, photos, video, graphics, music and sound, are protected by U.S. and international copyright laws, both as individual works and as a collection. The downloading or use of copyrighted material provided by Tripod or a third-part content provider is allowed by Members for personal use. Members may not copy, reproduce, retransmit, distribute, publish, commercially exploit, or otherwise transfer any such copyrighted material in any format, electronic or otherwise.

Any material protected by copyright may not be placed on the Site or the Membership area without the express permission of the author or owner of the copyright on that material. With specific regard to issues of software piracy, please see our Addendum to the Terms of Service, below.

9. Limitations of Liability and Warranty
The Member agrees that the use of the Site is entirely at the Member's own risk. The Site is provided on an "as is" basis without warranties of any kind, either expressed or implied. Furthermore, neither Tripod nor any third-party content provider makes any warranty with respect to any content, information, services, or products provided through or in conjunction with the Site.

The Member specifically agrees that Tripod or third-party content providers are not liable for any conduct by Members associated with the Site, including, but not limited to, Member Web pages, resumés, Member Profiles, surveys, chatrooms, or conferencing.

Tripod and third-party content providers make no guarantee of the accuracy, correctness, or completeness of any information on the Site and are not responsible for (i) any errors or omissions arising from the use of such information; (ii) any failures, delays, or interruptions in the delivery of any content or services contained within the Site; or (iii) losses or damages arising from the use of the content or services provided by the Site.

10. Indemnity
A Member agrees to indemnify Tripod and any third-party information provider against any and all claims and expenses, including attorneys' fees, arising from the Member's use of the Site. This expressly includes: (i) Member's responsibility for any and all liability arising from the violation or infringement of proprietary rights or copyrights and (ii) any libelous or unlawful material contained within Member Web pages, resumés, profiles, or Postings.

11. Termination of Service
Tripod may terminate Membership and any and all information, communications, Postings, or Web pages at any time, without notice, for conduct that violates this Agreement or other policies or guidelines set out by Tripod elsewhere on the Site. Tripod may terminate Membership and delete any and all information, communications, Postings, or Web pages for online conduct that Tripod believes is harmful to other Members, the business of Tripod, or other third-party information providers.

12. Choice of Law
This Agreement shall be constructed and controlled by the laws of the Commonwealth of Massachusetts, without regard to its conflict of law provisions. Any dispute arising hereunder will be governed by the laws of the Commonwealth of Massachusetts. The Member agrees to personal jurisdiction by the state and federal courts of the Commonwealth of Massachusetts.

13. Merger Clause
This Agreement constitutes the entire agreement between the parties with respect to the subject matter contained herein and supersedes any other agreement, proposals and communications, written or oral, between Tripod representatives and the Member. Tripod may amend this Agreement at any time with notice from Tripod to the Member as published on the Site.

Addendum to Tripod, Inc. Membership Terms of Service

Tripod will not condone the following activities on Tripod:

i. making available copyrighted software which has been "cracked" - i.e., the copyright protection has been removed from the software;
ii. making available serial numbers for software which can be used to illegally validate or register software;
iii. making available tools which can be used for no purpose other than for "cracking" software (this does not include tools which have legitimate uses for software developers, system administrators, etc.).

If Tripod becomes aware of the presence of copyright infringing material on its server either in the course of its ordinary and reasonable business activities, or through notification by a third party who alerts Tripod, preferably by certified mail, of the specific location of the alleged presence of such materials, Tripod will:

1. Contact the member responsible for the page and alert him or her of the allegations of copyright infringement and notify the person that within five days he or she must respond as to why the allegedly infringing material does not infringe the purported copyright. Tripod will also alert the member that absent such a response, Tripod reserves the right to delete the page; and

2. If the member fails to respond within five days, Tripod will make a decision whether to remove the page. If the alerted party responds to the allegations and claims the page is not infringing, Tripod will either forward the response to the third party alleging the infringement, or in the case that Tripod has discovered the infringement, make a decision whether to remove the page. If in its sole discretion, Tripod concludes that one of its members home pages contains a particularly egregious copyright violation, Tripod reserves the right to delete the offending home page at any time.