Kazaa, Inc. Terms and Conditions of use Welcome to this website of Kazaa, Inc. (the "Site"). Introduction Please read the following Terms and Conditions of Use carefully before using this Site or ordering/downloading any of our products, so that you are aware of your legal rights and obligations with respect to Kazaa, Inc. and its parents, affiliates and subsidiaries (individually and collectively, "Kazaa"). By using this Site you may access software, including the Altnet Music Plugin. As used in these Terms and Conditions of Use, the term, "Software" includes the Altnet Music Plugin, any other software owned or controlled by Kazaa which you have selected for downloading and installation, and any online or enclosed documentation, data distributed to your computer for processing and any future programming fixes, updates and upgrades provided to you. The Software includes security components that permit digital information to be protected and use to occur only as permitted by usage rules set by Kazaa and/or its licensors who have provided Materials (as defined herein) for the Services. Using this Site or the Software, you may access some or all of the services (the "Services") offered by Kazaa and its licensors and authorized business partners (the "Kazaa Providers"). The Services include, but are not limited to the Kazaa music, video and ringtone subscription and download facility, and the Kazaa subscription service (the "Subscription Service"). By using this Site, the Services, or downloading and/or using the Software, you signify your acceptance of these Terms and Conditions of Use. You also agree to ensure that anyone who uses this Site, the Software or the Services on your computer also abides by the Terms and Conditions of Use. Kazaa has the right to revise the Terms and Conditions of Use at any time without providing notice to its users. Your continued use of this Site, the Software or the Services shall be deemed acceptance of those revisions. We reserve the right to change, modify, suspend or discontinue any portion of this Site, the Software or the Services at any time. We may also impose limits on certain features or restrict your access to parts or the entire Site without notice or liability. If you do not agree to (or cannot comply with) these Terms and Conditions of Use, as amended, you must stop using the Site, Software, and Services and, if applicable, cancel your Subscription Service. You will be deemed to have accepted these Terms and Conditions of Use, as amended, if you continue to use the Site, Software or Services after any amendments are posted. This license will terminate upon conditions set forth elsewhere within these Terms and Conditions of Use or if you fail to comply with any term or condition of these Terms and Conditions of Use. In such event, no notice shall be required by Kazaa to effect such termination. The license for use of the Software and aspects of the Services which may only be accessible through the Software is governed by the applicable Service's or Software's end user license agreement if there is any conflict between these Terms and Conditions of Use and any other end user license agreement for the Software or applicable Service. Privacy Your privacy is very important to us at Kazaa. To better protect your rights we have provided the Kazaa Privacy Policy to explain our privacy practices in detail. Accounts If you desire to download or subscribe for music available from Kazaa or its licensors, you must register with Kazaa to open a Kazaa account ("Account") for the purpose of subscribing for and downloading or using content from the Site or to purchase Subscription Services. You represent, covenant and agree that you will access the Services in connection with your Account only from the country you identify as your residence when you establish your account. As part of the registration process, each user will select a password ("Password") and User Name ("User Name"). You agree to provide Kazaa with accurate, complete, and updated Account information. Failure to do so will constitute a breach of these Terms and Conditions of Use, which may result in immediate termination of your Account. You may not (i) select or use a User Name of another person with the intent to impersonate that person; (ii) use a name subject to the rights of any other person without authorization; or (iii) use a User Name that Kazaa, in its sole discretion, deems inappropriate or offensive. You shall notify Kazaa at customersupport(at)altnet.com, of any known or suspected unauthorized use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your Password. You will be responsible for maintaining the confidentiality of your Password. Kazaa may immediately terminate your Account, or suspend your access to your Account, without notice, for conduct that Kazaa believes is: (i) illegal, fraudulent, harassing or abusive;(ii) a violation of these Terms and Conditions of Use, any other policies or guidelines posted by Kazaa; or (iii) harmful to other users, third parties, the Services, or the business interests of Kazaa. If Kazaa has terminated a portion, but not all, of your access to the Services for the foregoing reasons, you will nevertheless be responsible for all the charges for the Services, if any. Use of an Account for illegal, fraudulent or abusive purposes may be referred to law enforcement authorities without notice to you. If you file a claim against Kazaa, or a claim which in any way involves Kazaa, then Kazaa may terminate your Account. Upon termination of your Account by Kazaa for any of the above-mentioned reasons, you will not establish a new Account for a period of not less than five years from the date of termination. Upon termination of your Account, Kazaa will have no obligation to notify any third parties nor will Kazaa be responsible for any damages that may result or arise out of termination of your Account. Use of Materials; Usage Restrictions Your use of the Materials is subject to the following restrictions: The Materials may not be copied, reproduced, uploaded, exported, transferred, sold, forwarded, shared with others or transmitted in any way unless specifically authorized by Kazaa. You may use the Materials for personal, noncommercial entertainment use only; You are not granted any commercial, sale, resale, reproduction, distribution or promotional use rights for the Materials, including any rights for uses that require a synchronization or public performance license with respect to the underlying musical composition. Making modifications to the Materials or creating derivative works based on the Materials is prohibited, as is using the Materials on any networked computer environment or other website. You may not make any use of the Materials that would infringe the copyright therein. You must comply with all applicable law in your use of Materials and agree to protect any third party licensor's rights therein. You may not make any unauthorized reproduction or distribution of Materials that violates applicable law. You agree and accept that these usage restrictions may be enforced through technological means via applicable security solutions and/or DRM settings. All rights not expressly granted to you in these Terms and Conditions of Use are reserved to Kazaa and/or its licensors. Kazaa (for itself and for the Materials owners) reserves the right to enforce these usage rules and restrictions with or without notice to you.

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