WebTV Page Builder Agreement
June 1999

Areas of concern have been highlighted in bold print.
NOTES: The Page Builder is a new feature WebTV implememted with the so-called Grunge Upgrade. Some observers believe that this is part of WebTV's trend to offer new features that do not enhance the browser's functionality (as would offering streaming video, java and a streaming audio update) but only encourage subscribers to utilize WTV and WTV partner pages in order to generate revenue.

PageBuilder This is the license agreement for PageBuilder. Use the arrow buttons on your remote control to move down, then choose either I accept or I don't accept at the bottom of the page. WebTV Network, Inc. ("WNI") provides Page Builder in order to enable its subscribers to create personal web pages and to use space on the WebTV Network to host personal web sites. In order to use Page Builder, you must agree to and comply with the Terms of Service for the WebTV Network (the "Terms of Service") and this License Agreement (the "License"). By agreeing to this License and clicking on the "I ACCEPT" link provided below, you are entering into a contract with WNI regarding your use of Page Builder. For purposes of this License, "Page Builder" shall include the Page Builder feature on the WebTV Network and your Space and URL Address, both as defined below, and Primary User and Secondary User shall have the same meaning as in the Terms of Service. 1.License to the Space. Subject to the Terms of Service and this License, WNI grants you a personal, non-exclusive, non-transferable license to use up to three (3) megabytes of storage space on the WebTV Network (the "Space") for your personal web site. WNI reserves the right to restrict the size of your personal web site, and its file type(s), at any time and for any reason. You may not let anyone else use your Space or store any files on the WNI Network other than the content for your personal web site as authorized in this License. 2.License to the URL Address. Subject to the Terms of Service and this License, WNI grants you a personal, non-exclusive, non-transferable license to use the Page Builder Universal Resource Locator that WNI assigns to your personal web site for the purpose of publishing your personal web site (the "URL Address"). You acknowledge that WNI is the sole owner of the URL Address and IP address/number assigned to your personal web site by WNI and that WNI reserves the right, in its sole discretion, to change or remove such URL Address and IP address/number at any time and for any reason. 3.WebTV Network Account in Good Standing. Your WNI account must be in good standing in order to use Page Builder. If your account is terminated for any reason, this License will be terminated automatically and WNI may unpublish or remove your personal web site. If you are a Secondary User, then the termination of the Primary User's account will terminate your use of Page Builder. 4.WebTV Banner Ads Associated with Your Space. In order to make it possible for us to offer Page Builder to you, WNI reserves the right to use space associated with the display of each individual page of your personal web site for WNI banner advertising and other inventory (the "WNI Space"), such that the WNI Space always appears to users in conjunction with each page of your personal web site. WNI may, among other things, sell and otherwise place banner advertisements in the WNI Space. You agree that you will not alter, tamper with, block or remove any content in the WNI Space. 5.Noncommercial Use Only. WNI is providing Page Builder only for your personal, residential and non-commercial use. You agree not to use your personal web site for any financial or commercial value such as discounts, goods or services. For example, you agree not to use your personal web site as a store front for a commercial web site, to solicit donations, to gather information for commercial use, or to drive traffic to a commercial site in exchange for value. 6.Your Responsibilities Concerning Content. You understand that the Internet is public and the content on your personal web site, when published, is accessible to the public. You agree that you are legally liable for the content of your personal web site and that WNI is not responsible for the content of your or any other personal web site developed or published via Page Builder. For example, you may be held liable to WNI and/or third parties if your personal web site includes defamatory comments or material protected by copyright, trademark, patent, or trade secret laws without the express written permission of the owner. You agree that you will not post or upload the following kinds of content on your personal web site: pornography; obscenity; nudity; offensive material such as expressions of racism, bigotry and hatred; content that impersonates, defames, abuses or threatens others; hacking methods and power off codes; content that is illegal under local, state, provincial or federal regulations; content that promotes illegal activities or provides instructions about illegal activities; content that infringes any copyright, trademark, patent, trade secret, or other intellectual property or violates third party rights of privacy and publicity; or content that disparages or diminishes the value of any content in the WNI Space. You agree to indemnify and hold harmless WNI and WNI's affiliates, directors, officers, employees, agents or independent contractors (collectively, the "WNI Indemnitees") with respect to any loss, liability, damages, claim or expense (including without limitation reasonable attorneys' fees and costs incurred by such WNI Indemnitees) arising from any claim related to your personal web site. 7.Legal Actions. WNI reserves the right to provide information regarding your personal web site to law enforcement officials and other third parties as required by law or in the event of a law enforcement investigation or other legal proceeding related to your personal web site or any content thereon. 8.Reservation of Rights by WNI. WNI reserves the right to change or terminate this License at any time in its sole discretion without prior notice, and to temporarily or permanently unpublish or delete your personal web site or any pages thereof and/or terminate your access to Page Builder if WNI in its sole discretion deems it necessary or appropriate (including without limitation based on a breach by you of any of the terms of this License). WNI further reserves the right to terminate, remove, restrict or modify Page Builder that it makes available at any time without prior notice. WNI shall have no obligation to release any update, upgrade or new version of Page Builder. Without limiting the generality of the foregoing provisions, you understand that if your personal web site attracts sufficient traffic to disrupt the WebTV Network service, as determined in WNI's sole discretion, or if your personal web site has not been viewed by anyone or edited by you for ninety (90) consecutive days, WNI may in its discretion unpublish or remove and delete your personal web site from the WebTV Network without prior notice. 9.Primary and Secondary Users. If a Primary User's access to Page Builder is disabled, all Secondary Users' personal web sites will be permanently unpublished and removed from the WebTV Network. Further, a Secondary User's violation of this License may cause the Primary User's access to Page Builder (including without limitation such Primary User's personal web site) to be permanently disabled. 10.WNI PROVIDES PAGE BUILDER, THE SPACE AND THE URL ADDRESS "AS IS" AND WITH ALL FAULTS. THE ENTIRE RISK AS TO QUALITY AND PERFORMANCE OF PAGE BUILDER IS WITH YOU. WNI HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, WNI HEREBY DISCLAIMS ANY WARRANTIES OF TITLE, QUIET ENJOYMENT OR NONINFRINGEMENT. 11.WNI SHALL NOT BE LIABLE TO YOU IN CONNECTION WITH THIS LICENSE AGREEMENT, PAGE BUILDER, YOUR PERSONAL WEB PAGE OR SITE, THE SPACE AND THE URL ADDRESS FOR ANY DAMAGES INCLUDING INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA) EVEN IF WNI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY BY WNI. WNI IS NOT RESPONSIBLE FOR OR LIABLE FOR ANY LOSS OF DATA RESULTING FROM THE UNPUBLISHING OR REMOVAL OF A PERSONAL WEB SITE, EQUIPMENT FAILURE, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION, USER ERROR OR ANY OTHER REASONS. I accept I don't accept