Internetworks

Services

Welcome to Earth Stats, owned and operated by Internetworks, Inc. ("Internetworks"). By using the Earth Stats service (the "Service"), you accept and agree to be bound by the following terms and conditions (the "Terms of Service"). Nothing in the Terms of Service should be construed to confer any rights to third party beneficiaries.

Internetworks reserves the right to terminate any and all of the following: account(s),alliance site(s),clan site(s),files and any other content hosted on the Internetworks servers.

Termination of services may occur for the following reasons:

(a) Sexual content (nudity, eroticism)

(b) Vulgar Profanity

(d) References to software piracy or any copyright material

(e) References to 'hacking', 'phreaking', etc.

(f) Hosting any copyright files (MP3's included)

(g) Accessing Internetworks content via a script

(h) Ads of any kind other than those that Internetworks chooses to display.

(i) Any illegal activity of any kind (United States and International Law).

(h) Use of any software that blocks the display of ads on your browser.

Internetworks reserves the right to terminate your site without notice and without reason.

Internetworks also reserves the right to modify the service agreement at any time.

By logging into the Service you agree to the following:

1. Advertisements
Earth Stats is an ad-supported service. As such, we display advertisements and promotions on the Service. The manner, mode and extent of advertising by Internetworks on the Service are subject to change. You agree that Internetworks shall not be responsible or liable for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such advertisers on the Service.

2. User Privacy
As a condition of using the Service, you agree to the terms of the Internetworks Privacy Policy, as it may be changed from time to time. You understand and agree that Internetworks may access, preserve, and disclose your personal information and the contents of your account in order to provide the Service or if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to comply with legal process or protect the rights, property and/or safety of Internetworks, its affiliates or the public. Personal information collected by Internetworks may be stored and processed in the United States or any other country in which Internetworks or its agents maintain facilities. By using the Service, you consent to any such transfer of information outside of your country. For a full description of how Internetworks maintains the personal information you provide, please see our Privacy Policy.

3. Disclaimer of Warranties
Internetworks and its affiliates, licensors, partners, suppliers, consultants and agents ("Internetworks Entities") disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or Content displayed on the Service. The Internetworks Entities disclaim any and all responsibility and liability for your conduct and for the conduct of others using the Service. THE SERVICE, AND ALL CONTENT, INFORMATION (INCLUDING, WITHOUT LIMITATION, ANY INFORMATION OR CONTENT OBTAINED OR ACCESSED THROUGH THE SERVICE), PRODUCTS AND SERVICES INCLUDED THEREIN ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. THE Internetworks ENTITIES EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. Some states do not allow the exclusion or limitation of implied warranties, so the above disclaimers and exclusions may not apply to you. YOU AGREE THAT YOUR USE OF THE SERVICES ARE ENTIRELY AT YOUR OWN RISK.

4. Hold Harmless and Indemnity
You agree to hold harmless and indemnify Internetworks from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Internetworks will provide you with written notice of such claim, suit or action.

5. Limitation of Liability
UNDER NO CIRCUMSTANCES WILL Internetworks BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE SERVICE, WHETHER OR NOT Internetworks HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION OF LIABILITY SHALL APPLY (I) WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICE, FROM INABILITY TO USE THE SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), AND (II) NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation and exclusions may not apply to you. UNDER NO CIRCUMSTANCES SHALL Internetworks BE LIABLE TO YOU FOR ANY AMOUNT EXCEEDING ONE DOLLAR ($1.00).

6. Term and Termination
These Terms of Service will apply to your use of the Service. You may terminate your use of the Service immediately at any time, for any reason, by contacting customer support. We may terminate your use of the Service immediately at any time, for any reason, and at such time you will have no right to use the Service. Our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any such termination.

7. Notices
Internetworks may provide you with notices regarding the Service or these Terms of Service by email or postings to this Web site.

8. Miscellaneous Provisions
These Terms of Service will be governed by and construed in accordance with the laws of the State of New York, without giving effect to its conflict of laws provisions or your actual state or country of residence. The parties agree to submit to the personal and exclusive jurisdiction of the courts located in the County of Nassau, New York. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect. You shall not assign these Terms of Service or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without our prior written consent. Any such purported assignment or delegation will be null and void and of no force or effect. Without limiting the foregoing, under no circumstances shall Internetworks be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning. These Terms of Service constitute the entire agreement between you and Internetworks with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service by a party will be effective only if in writing and signed by a party.