1. Service
EnCirca grants You a non-exclusive license to use New dot SEO for such purposes as are ordinary and customary. You are free to use New dot SEO on any registered domain name under your control

You may not alter or modify the Service. You are not authorized to combine New dot SEO with any other software program or application, nor are You authorized to integrate any plug-in or enhancement which uses or relies upon New dot SEO. You further agree not to reverse engineer, decompile or otherwise attempt to uncover the New dot SEO source code.

New dot SEO is an Internet Marketing Service that simplifies the web site submission process. New dot SEO is intended to assist website operators in increasing traffic to their sites through search engine/directory submission and pre-submission optimization recommendations. Among other things, New dot SEO will give You:

• An IP Address in EnCirca's data center (Herndon, Virginia, US)
• Submission to all major search engines and internet directories (numbering in the thousands) using the keywords you specify
• Status reports for the duration of the package you selected

New dot SEO is intended for domain names that do not have an existing website. It can be used for existing websites as well. If you utilize New dot SEO for an existing website, You agree that any URL or web page you submit using New dot SEO must resolve to an operational web page and may not resolve to a DNS error, a 404 error or other error message. Your web page must be publicly accessible without the use of passwords or other access codes. Because of the spidering technology used in many search engines, Your web pages must not reside on a secure server or use any spider blocking technology. The description of Your web page must be relevant to the page content.

You represent and warrant that Your URL and/or web page(s) do not infringe the intellectual property rights of any third party. You further represent and warrant that EnCirca, its search engine and directory partners, and each of them, have the right and license under any intellectual property rights You may have in Your URL and/or web page(s) to publicly perform, publicly display, and distribute any search listings generated by New dot SEO, and to copy, modify or manipulate the search listings as necessary to conform to search engine standards. You further agree not to independently submit Your URL or web page to any EnCirca' search engine partner directly or by any other method.

2. Limitations
New dot SEO is not intended to assist You in engaging in unlawful or morally objectionable activities. EnCirca' search engine partners reserve the right to refuse or remove any URL or web page from a search engine's index for any reason. Furthermore, EnCirca explicitly reserves the right to terminate Your license if it comes to EnCirca' attention that You are using New dot SEO to enable or otherwise enhance Your participation in objectionable activities, which include, but are not limited to, the following: spamming or churning; activities designed to undermine the validity and/or credibility of search engine results; activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties; activities prohibited by the laws of the United states and/or foreign territories in which You live or access the Internet; activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography; activities that are tortuous, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable; activities designed to impersonate the identity of a third party; or activities designed to harm minors in any way.

As used herein, the term "spamming" is intended to include, but not be limited to, the following: URLs which are intended to harm the accuracy or relevance of search engine results; URLs which merely forward visitors to another web page; URLs which infringe the intellectual property rights of third parties; URLs intended to artificially inflate the popularity of a web page; and, forms of spamming as the term is ordinarily and customarily understood in the search engine optimization industry.

EnCirca expressly disclaims any guarantee of the level of success You will achieve by using New dot SEO. You understand that there is no guarantee that You will be listed by search engines, nor that You will achieve significant rankings. Furthermore, New dot SEO fees are non-refundable.

3. Liability and Indemnification
EnCirca provides New dot SEO "as is" and without warranty or guarantee of any kind, either express or implied, including but not limited to, the implied warranties or conditions of merchantability or fitness for a particular purpose. In no event shall EnCirca be liable for any loss of profits, loss of business, loss of data, unsecured transactions, interruption of business, or for indirect, special, or consequential damages of any kind, even if EnCirca has been advised of the possibility of such damages arising from any defect or error in the Software.

You shall indemnify, defend by counsel reasonably acceptable to EnCirca, protect and hold EnCirca harmless from and against any and all claims, liabilities, losses, costs, damages, expense, including consultants' and attorneys' fees and court costs, demands, causes of action, or judgments directly or indirectly arising out of or related to Your use of New dot SEO.

Neither EnCirca nor its affiliates nor any of its employees shall assume responsibility for or be held liable for the acts or omissions of third parties, which include the search engine and directory site submission services. There shall be no refunds for any reason at any time. In no event shall EnCirca, its affiliates, or employees be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of the third party services, even if advised of the possibility of such damage. This disclaimer of liability applies to any damages or injury, including but not limited to those caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence or under any other cause of action.

EnCirca does not endorse the services of any third parties associated with the New dot SEO site submission services, and it is not responsible for any off-site web pages referenced.

Copyright 2007 EnCirca, Inc.

All Rights Reserved.

Last updated July 16, 2007