WELCOME TO THE PEOPLEPAGES AND SITE BUILDER SERVICES!
This Policy (the "Policy") sets forth the terms of your participation in either (or both) the PeoplePages Service or the Site Builder Service, which PeoplePC, Inc. ("we," "our," "us," or "PeoplePC") provides to PeoplePC Members and others. Using the PeoplePages or Site Builder Service, you will be able to view personalized web pages (individually, a "Page") and websites (individually, a "Site") created by other PeoplePC Members and, if you are a PeoplePC Member, you will be able to create your own personalized Page or Site.

You accept this Policy by accessing the PeoplePages area of the PeoplePC website, currently located at http://members.peoplepc.com (the "PeoplePage Site"), or the Site Builder area of the PeoplePC website, currently located at http://mypeoplepc.com (the "Site Builder Site"). We may modify this Policy from time to time by posting a revised policy on the PeoplePage Site or Site Builder Site. Any changes we make will be effective from the date shown as the Effective Date. However, in order to facilitate uniform application of our policy to all PeoplePC Members, the Policy as modified will apply to you regardless of whether you first accessed the PeoplePage Site or Site Builder Site before or after such Effective Date.

To report improper or indecent content within the PeoplePages or Site Builder services, click here.

To report copyright infringment within the PeoplePages or Site Builder services, click here.

THE PEOPLEPAGES AND SITE BUILDER SERVICES
The PeoplePages and Site Builder Services currently allows PeoplePC Members to create and edit their own personalized Page or Site, to view other PeoplePC Members' Pages or Sites, and to send emails to PeoplePC Members and others containing hypertext links to one or more Pages [or Sites] (the "Service"). The Service is also configured to allow persons who are not PeoplePC Members to use these hypertext links to view the associated Pages or Sites and all other Pages [or Sites]. In addition, anyone with access to the Internet will be able to log into the PeoplePages Site and view all Pages and will be able to access a Site created using the Site Builder service. Persons who are not PeoplePC Members, i.e., persons who have not purchased personal computers systems and/or Internet access service from PeoplePC, will not be able to create their own Page or Site or send emails containing hypertext links to Pages [or Sites]. Unless explicitly stated otherwise, any new features which augment or enhance the current Service shall be subject to this Policy.

POSTED CONTENT
Responsibility for Posted Content. You understand and agree that all information, data, text, software, music, sound, photographs, likenesses, graphics, animations, video, messages, other materials, and links to other Internet sites containing any such material ("Content"), whether publicly posted or privately transmitted through the Service, are the sole responsibility of the person from which such Content originated. This means that you, not PeoplePC or its agents, are entirely responsible for all Content that you upload, post, provide a link to, or otherwise transmit via the Service. This also means that PeoplePC does not endorse or control the Content posted by others via the Service and, as such, does not and cannot guarantee the accuracy, legality, reliability, availability, or suitability of any such Content.

Rights to Posted Content. By submitting Content to PeoplePC for inclusion on your Page, Site or elsewhere, you grant to PeoplePC a perpetual license, without payment of any compensation, (a) to copy, distribute, transmit, publicly display, publicly perform, reproduce, modify, edit, and otherwise create derivative works of, translate, and reformat such Content (including but not limited to any photographs of you or your likeness) in any form, anywhere, and at any time, (b) to publish your name and other personal information (if posted by you) in connection with such Content, and (c) to allow other persons using the Service to view, download, or print such Content for their own personal use to the extent permitted by this Policy. By posting, uploading, or transmitting Content, you represent and warrant that you own or otherwise control rights to the Content sufficient to grant the permission granted above. PeoplePC is not obligated to prescreen, monitor, or edit Content. You agree that PeoplePC is under no obligation to post or use any Content, and that PeoplePC and its agents have the right, but not the obligation, in their sole discretion, to remove, modify, or edit any Content at any time without notice to you.

PEOPLEPAGES "TELL A FRIEND" EMAIL FUNCTION AND SITE BUILDER "ANNOUNCE MY SITE" FUNCTION
The "Tell a Friend" and "Announce my Site" email functions available through the Service are available to PeoplePC Members for their personal, noncommercial use, and solely for the purpose of sending hypertext links to Pages to such PeoplePC Members' friends or family. Misuse of the email function available through the Service may result in termination of the Service. Examples of unacceptable uses include the following:

• • Sending unsolicited email, including commercial advertising, informational announcements, chain letters, charity requests, and petitions for signatures or electronic signatures, as such term is defined in the federal Electronic Signatures in Global and National Commerce Act.
• • "Spamming" (i.e., sending unsolicited messages to multiple recipients) in any form.
• • Sending email for commercial purposes.
• • Sending email that threatens bodily harm or destruction of property.
• • Using email as a means to harass other Internet users, including "bombing" (attempts to impede another person's use of electronic mail services).
• • Sending email that does not accurately reflect the sender, the sender's return address, or the email address of origin.
• • Using the Service to send email that violates another Internet site's acceptable use policy or terms of service.

PeoplePC may prevent bulk email from entering or leaving the email function available through the Service. PeoplePC may also decide not to process or store email that you attempt to send using the email function available through the Service, due to space limitations set by PeoplePC from time to time.

PRIVACY; ASSUMPTION OF RISK
We want to protect your privacy while giving you the greatest benefits from your participation in the Service. For more information about what PeoplePC does to protect personal information that you do not submit for posting on your Page or Site, please read our Privacy Policy.

Please be aware, however, that your Page or Site will be available to anyone surfing the PeoplePages Site [or Site Builder Site], and may be accessible by anyone with access to the Internet, including persons who are not PeoplePC Members, and that any and all Content that you submit for posting on your Page or Site will be available to all such persons. Please also be aware that PeoplePC may feature your Page on the PeoplePages Site (as a "Featured Page," the "Page-of-the Week," or otherwise). By posting personal information on your Page or Site, you are agreeing (a) that you are assuming the risk that PeoplePC Members and other persons accessing the PeoplePages Site or any Site you create may use or misuse any personal information you submit for posting on your Page or Site, (b) that PeoplePC will not be responsible or liable in any way for such use or misuse under any circumstances, and (c) that PeoplePC may feature your Page or Site(s), and any personal information posted on such Page or Site(s), on the PeoplePages or Site Builder Sites without any compensation or liability to you.

RESTRICTIONS ON USE OF THE SERVICE
You agree to use the Service only for your personal, non-commercial purposes, and agree that you will not attempt to solicit or offer products or services through your Page or Site. You also agree that you will not sell or market Content or information available through the Service, use such Content or information to threaten, harass, stalk, defame, libel, or otherwise harm any PeoplePC Members or any other person, or otherwise misuse such Content or information in any way. You agree that your use of the Service will be consistent with the Acceptable Use Policy governing use of the PeoplePC website, including the PeoplePages Site, Site Builder Site and the Service. The Acceptable Use Policy prohibits, for example, illegal or unlawful conduct, posting or providing links to any external Internet sites that contains infringing, slanderous, harassing, obscene, pornographic, or otherwise objectionable Content, engaging in conduct that could impair network security or performance, or any unauthorized linking, framing, mirroring, or mining. Please review the Acceptable Use Policy for further details. We encourage any participant in the Service who becomes aware of a violation of this Policy or the Acceptable Use Policy to notify us, including all relevant details, by using the Content Violation Reporting Form.

ADVERTISING
In addition to Content that you submit for posting on your Page or Site, PeoplePC may post other materials in close proximity to your Page, or Site including but not limited to advertising for products or services offered by PeoplePC or third parties. For example, persons viewing your Page or Site may also see a banner advertisement for a product or service offered by PeoplePC or a third party. You agree that neither PeoplePC nor any such third party will be liable for any embarrassment, defamation, economic harm, or any other injury you may suffer by association of any such materials with your Page or Site.

PeoplePC may also notify you of promotional opportunities that, based on the Content you submit for posting on your Page or Site, PeoplePC believes may be of interest to you. For example, if you state on your Page or Site that you enjoy photography, PeoplePC may notify you, by email or otherwise, of opportunities to purchase photographic products or services. You agree to PeoplePC's use of your Content to notify you of promotional opportunities.

COPYRIGHTS, TRADEMARKS, AND OTHER INTELLECTUAL PROPERTY RIGHTS
PeoplePC respects the copyrights, trademarks, and other intellectual property rights of others, and asks that all participants in the Service do the same. The copyright of all Content provided on the Pages, Sites or through the Service is held by PeoplePC or by the original creator of the Content. Similarly, the trademarks, service marks, logos, and names ("Trademarks") displayed on the Pages, Sites and through the Service, including but not limited to the mark "PeoplePages," are registered and unregistered Trademarks of PeoplePC, participating PeoplePC Members, and others. Because any unauthorized use of materials on the Pages may violate copyright laws, trademark laws, the laws of publicity and privacy, and communications regulations or statutes, you agree to refrain from making any such unauthorized uses. Content and Trademarks may not be reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the express prior written permission of the owner of the Content or Trademarks, whether the owner is PeoplePC or some other person. The foregoing notwithstanding, you may print or download one copy of any Content on this site using a single computer for your personal, non-commercial use (except to the extent prohibited otherwise in this Policy), provided that you keep intact all copyright, trademark, service mark, and any other proprietary notices associated with such Content.

PeoplePC is not liable for any direct, vicarious, contributory, or other infringement of copyrights, Trademarks, or other intellectual property rights arising out of Content posted by you on your Site, or provided by other PeoplePC Members or others on the Pages, Sites or through the Service. If you believe that material included on the Pages, any Site or through the Service infringes a copyright, please contact us promptly so that we may investigate the situation and, if appropriate, block or remove the Content. It is the policy of PeoplePC to terminate the access of repeat infringers to the PeoplePages Site or Site Builder Site. Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, PeoplePC designates the following agent for receipt of notifications of claimed copyright infringement:

Legal name and address of service provider:
PeoplePC, Inc.
P.O. Box 26909
San Francisco, CA 94612 USA

Name(s) under which service provider does business:
PeoplePC, Inc., PeoplePC

Designated Agent and Contact Information:
General Counsel
PeoplePC, Inc.
P.O. Box 26909
San Francisco, CA 94612 USA
Telephone number: (415) 732-4400
Facsimile number: (415) 837-3857
Electronic mail address: legal@peoplepchq.com

SOFTWARE
As part of the Service, PeoplePC may make computer software available to you (the "Software"). When you access the PeoplePages Site or Site Builder Site, PeoplePC may from time to time automatically update the Software you previously obtained from PeoplePC. All Software is the copyrighted work of PeoplePC or its suppliers. You acknowledge and agree that the Service and any Software contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement. For any Software not accompanied by a License Agreement, PeoplePC hereby grants to you a personal, non-transferable, non-exclusive, revocable-at-any-time license to use the Software for viewing the PeoplePages Site or Site Builder Site, creating or modifying your Page or Site, emailing your Page or Site to others, or otherwise using the Service, in accordance with this Policy, and for no other purpose. You agree to keep intact all copyright and other proprietary notices associated with the Software. Any reproduction, modification, redistribution, public display, or public performance of any Software is expressly prohibited by law, and may result in severe civil and criminal penalties. PeoplePC reserves the right, at any time and in its sole discretion, to modify or discontinue any Software it provides to you, and to limit, terminate, or suspend your use of such Software.

MINORS
The Service and the Pages and Sites are not directed at or intended for use by persons less than 13 years old, and you may not use the Service if you are less than 13 years old. Some Content may not be appropriate for persons under 18 years old ("Minors"). You agree not to use the Service or the Pages or Sites to harm Minors in any way.

TERMINATION
PeoplePC may terminate or suspend your right to use the Service and access Pages or Sites at any time, and without notice to you, for any reason or no reason. PeoplePC also reserves the right, but is under no obligation, to remove or edit offending Content. If your right to use the Service and access Pages or Sites is terminated, PeoplePC may, without notice to you, delete your Page or Site(s) or any other personal data you submitted to the PeoplePages Site or Site Builder Site. Any suspension or termination will not relieve any person of any obligations incurred and accrued prior to the effective date of such suspension or termination.

MODIFICATIONS TO SERVICE
PeoplePC reserves the right, at any time and from time to time, to temporarily or permanently modify, discontinue, or suspend the Services (or any part thereof) with or without notice. You agree that PeoplePC will not be liable to you or any third party for any such modification, discontinuance, or suspension of the Service.

OTHER AGREEMENTS
If you are a PeoplePC Member, your use of the PeoplePC website as a whole, including your use of Pages, Sites and the Service, is subject to the PeoplePC Membership Agreement and the PeoplePC Agreement for Online Services. In the event of any conflict between this Policy and the PeoplePC Membership Agreement or the PeoplePC Agreement for Online Services, this Policy will control.

DISCLAIMER OF WARRANTIES
You understand and agree that you use the Service at your own risk. PeoplePC makes no representations or warranties about the suitability, reliability, usability, availability, timeliness, security, or accuracy of the Service, the Pages, the Sites, the PeoplePages Site, the Site Builder Site, any Software provided in connection with the Service, or any Content. The Service, the Pages, the Sites, the PeoplePages Site, the Site Builder Site, and any related Content, services, Software, and information, are made available on an "as is" and "as available" basis, and PeoplePC does not warrant that the foregoing will be free of errors or defects, or that any such errors or defects will be corrected. PeoplePC disclaims all implied warranties, including the implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose. Neither PeoplePC nor its suppliers will be responsible or liable for any act or omission of any third party (including other PeoplePC Members, persons to whom you have emailed hypertext links to Pages, Sites, and other persons browsing the PeoplePages Site, the Site Builder Site, or any Site), including but not limited to any threatening, harassing, defamatory, libelous, obscene, offensive, or illegal or unlawful content or conduct of such third party or any infringement of another party's rights, including intellectual property rights. No PeoplePC employee or agent is authorized to create any warranty not expressly made in this Policy.

LIMITATION OF LIABILITY
PeoplePC will not be liable for any indirect, punitive, incidental, exemplary, special, or consequential damages (including without limitation damages for loss of use, lost or undelivered emails, Content, or other data, or lost profits or other economic advantage or other advantage resulting from your inability to use the Service) arising out of PeoplePC's breach of this Policy or any other action or failure to act by PeoplePC, under a claim based on contract, tort, negligence, strict liability, or any other theory, even if PeoplePC has been advised of the possibility of such damages. The total aggregate liability of PeoplePC will not exceed the cumulative amount of fees paid by you to PeoplePC for the Service, if any, within the 12 months prior to the time such liability is assessed.

EXCLUSIONS AND LIMITATIONS
Because some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for consequential or incidental damages, some of the limitations in the two preceding paragraphs may not apply to you.

INDEMNITY
You agree to defend, indemnify, and hold harmless PeoplePC, and its affiliates, suppliers, agents, representatives, officers, directors, employees, and partners, from and against any and all liabilities, damages, judgments, costs, and expenses (including but not limited to reasonable attorneys' and experts' fees) to the extent that any of the foregoing arise out of or are related to (a) your breach of this Policy, the Acceptable Use Policy, the Membership Agreement if applicable, or the Agreement for Online Use if applicable; (b) your Content or your Page or Site, (c) any email which you send or cause to be sent using the Service, or (d) your violation of any rights (including intellectual property rights) of a third party.

LINKS
The PeoplePages Site, Site Builder Site, the various Pages displayed on the PeoplePages Site and any Site, may display links to websites sponsored by third parties ("Third Party Sites"). If you click on one of these links, you will be leaving the PeoplePages Site. The Third Party Sites may contain material or information that may be inappropriate or offensive. The Third Party Sites are not under the control or supervision of PeoplePC, and the presence of such links does not imply that PeoplePC endorses or is affiliated with such Third Party Sites or any related third parties. You acknowledge that PeoplePC is not responsible for the content or operation of Third Party Sites reached by virtue of such links. Please be aware that the PeoplePC Privacy Policy and other polices and terms applicable to persons using the PeoplePC website do not apply to such Third Party Sites, but instead are governed by such Third Party Sites' privacy policies and other terms of use, if any. Therefore, please exercise your own independent judgment in deciding what websites to visit, and investigate the applicable policies, if any, posted on such websites if you do visit them.

OTHER
If any provision of this Policy is held unlawful, void, or for any reason unenforceable, then that provision will be deemed severable and will not affect the validity and enforceability of any other provision. The failure of PeoplePC to exercise or enforce any right or provision of this Policy will not constitute a waiver of such right or provision or of any other right or provision (including this waiver provision).

Any claim or dispute with PeoplePC arising out of or relating in any way to this Policy, the Pages, the Sites or the Service will be resolved (a) under California law without regard to its choice of law provisions, and (b) exclusively in a state or federal court located in San Francisco, California, and you consent to the personal jurisdiction of such courts over you for such purpose. PeoplePC makes no representation that Content on the PeoplePages Site or Site Builder Site is appropriate or available for use in locations outside the United States, and accessing Content from territories where such Content is illegal is prohibited. If you access the PeoplePages Site or Site Builder Site from locations other than United States, you do so on your own initiative and are responsible for compliance with all local laws.

This Policy, together with all other agreements incorporated by reference herein and applicable to you, state the entire agreement between you and PeoplePC relating to your use of the Pages and the Service. All other prior and contemporaneous agreements and understandings relating to the subject matter of this Policy are merged herein and superseded by this Policy.

FURTHER INQUIRIES
You may direct questions about this Policy to:

PeoplePC, Inc.
P.O. Box 26909
San Francisco, CA 94126-0909
Attention: General Counsel