SOLICITATION OF SUBSCRIBERS. (a) MERCHANT will not send unsolicited, commercial e-mail through or into AOL's products or services, absent a Prior Business Relationship. For purposes of this Agreement, a "Prior Business Relationship" will mean that the AOL User to whom commercial e-mail is being sent has voluntarily either (i) engaged in a transaction with MERCHANT or (ii) provided information to MERCHANT through a contest, registration, on other communication, which included notice to the AOL User that the information provided could result in commercial e-mail being sent to that AOL User by MERCHANT or its agents. More generally, any commercial e-mail to be sent through or into AOL's products or service shall be subject to AOL's then-standard restrictions on distribution of bulk e-mail (e.g., related to the time and manner in which such e-mail can be distributed through the AOL service in question) and the limitations set forth in Exhibit B.
(b) MERCHANT shall ensure that its collection, use and disclosure of Information obtained from AOL Users under this Agreement ("User Information") complies with (i) all applicable laws and regulations and (ii) AOL's standard privacy policies, available on the AOL Service at the keyword term "Privacy."
(c) MERCHANT will not disclose User Information to any third party in a manner that identifies AOL User as end users of an AOL product or service or use User Information collected under this Agreement to market an interactive Service competitive with AOL; provided that the restrictions in this subsection (c) shall not restrict MERCHANT's use of any information collected independently of this Agreement. For the purpose of this Agreement, the term "Interactive Service Provider" shall mean and refer to an entity offering one or more of the following: (i) online or Internet connectivity services (e.g., an Internet service provider); (ii) a broad selection of aggregated third party interactive content (or navigation thereto) (e.g., an online service or search and directory service); (iii) communications software capable of serving as the principal means through which a user creates, sends and receives electronic mail or real time online messages.
SOLICITATION OF SUBSCRIBERS. During the Term and for the [*] period following the expiration or termination of this Agreement, neither ICP nor its agents will use the AOL Network to (i) solicit or participate in the solicitation of AOL Members when that solicitation is for the benefit of any entity (including ICP) which could reasonably [*] or become [*] or (ii) promote any services which could reasonably be construed to be in competition with services available through AOL including, but not limited to, services available through the Internet (e.g., an ICP Interactive Site). ICP may not send any AOL Member unsolicited email communications on or through the AOL Network without a "Prior Business Relationship." For purposes of this Agreement a "Prior Business Relationship" shall mean that the AOL Member has either (i) purchased Products from ICP through the AOL Network or (ii) voluntarily provided information to ICP through a contest, registration, or other communication, which included dear and conspicuous notice to the AOL Member that the information provided by the AOL Member could result in an e-mall being sent to that AOL Member by ICP or its agents. A Prior Business Relationship does not exist solely by virtue of an AOL Member's visit to the ICP Sites (absent the additional elements described above). In any commercial e-mail communications to AOL Members which are otherwise permitted hereunder, ICP will provide the recipient with a prominent and easy means to 'opt-out" of receiving any future commercial e-mail communications from ICP. Collection of Member Information. ICP is prohibited from collecting AOL Member screen names from public or private areas of the AOL Network, except as specifically provided below. ICP shall ensure that any survey, questionnaire or other means of collecting Member Information including, without limitation, requests directed to specific AOL Member screen names and automated methods of collecting screen names (an "Information Request") complies with (i) all applicable laws and regulations, (ii) AOL's applicable Terms of Service, and (iii) any privacy policies which have been Issued by AOL in writing during the Term (or, in the case of a Linked ICP Interactive Site, ICP's standard privacy policies, to the extent such policies are prominently published on the site and provide adequate notice and disclosure to users regarding ICP's collection, use and disclosure of any user information) (collectively, the "Applicable Privacy Policies"). Each Information Re...
SOLICITATION OF SUBSCRIBERS. During the term of this Agreement and for a two year period thereafter, ICP will not use the AOL Network (including, without limitation, the e-mail network contained therein) to solicit AOL Members on behalf of another Interactive Service. More generally, ICP will not send unsolicited, commercial e-mail (i.e., "spam") or other online communications through or into AOL's products or services, absent a Prior Business Relationship. For purposes of this Agreement, a "Prior Business Relationship" will mean that the AOL Member to whom commercial e-mail or other online communication is being sent has voluntarily either (i) engaged in a transaction with ICP or (ii) provided information to ICP through a contest, registration, or other communication, which included clear notice to the AOL Member that the information provided could result in commercial e-mail or other online communications being sent to that AOL Member by ICP or its agents. Any commercial e-mail or other online communications to AOL Members which are otherwise permitted hereunder will (x) include a prominent and easy means to "opt-out" of receiving any future commercial e-mail communications from ICP and (y) shall also be subject to AOL's then-standard restrictions on distribution of bulk e-mail (e.g., related to the time and manner in which such e-mail can be distributed through or into the AOL product or service in question).
SOLICITATION OF SUBSCRIBERS. During the term of this Agreement and for a two year period thereafter, ICP will not use the AOL Network (including, without limitation, the e-mail network contained therein) to solicit AOL Members on behalf of another Interactive Service. More generally, ICP will not send unsolicited, commercial e-mail (i.e., "spam") or other online communications through or into AOL's products or services, absent a Prior Business Relationship. For purposes of this Agreement, a "PRIOR BUSINESS RELATIONSHIP" will mean that the AOL Member to whom commercial e-mail or other online communication is being sent has voluntarily either (i) engaged in a transaction with ICP or (ii) provided information to ICP through a contest, registration, or other communication, which included clear notice to the AOL Member that the information provided could result in commercial e-mail or other online communications being sent to that AOL Member by ICP or its agents. Any commercial e-mail or other online communications to AOL Members which are otherwise permitted hereunder will (a) include a prominent and easy means to "opt-out" of receiving any future commercial e-mail communications from ICP and (b) shall also be subject to AOL's then-standard restrictions on distribution of bulk e-mail (e.g., related to the time and manner in which such e-mail can be distributed through or into the AOL product or service in question).
SOLICITATION OF SUBSCRIBERS. During the Term and for the two-year period --------------------------- following the expiration or termination of this Agreement, neither ICP nor its agents will use the AOL Network to (i) solicit or participate in the solicitation of AOL Members when that solicitation is for the benefit of any entity (including ICP) which could reasonably be construed to be or become in competition with AOL or (ii) promote any services which could reasonably be construed to be in competition with services available through AOL including, but not limited to, services available through the Internet (e.g., the ICP Internet Site). ICP may not send any AOL Member unsolicited e-mail communications on or through the AOL Network without a "Prior Business Relationship." For purposes of this Agreement, a "Prior Business Relationship" shall mean that the AOL Member has either (i) purchased Products from ICP through the AOL Network or (ii) voluntarily provided information to ICP through a contest, registration, or other communication, which included clear and conspicuous notice to the AOL Member that the information provided by the AOL Member could result in an e-mail being sent to the AOL Member by ICP or its agents. In any commercial e-mail communications to AOL Members which are otherwise permitted hereunder, ICP shall provide the recipient with a prominent and easy means to "opt-out" of receiving any future commercial e-mail communications from ICP.
SOLICITATION OF SUBSCRIBERS. During the term of this Agreement, and for the one-year period following the expiration or termination of this Agreement, neither FLOWERS nor its affiliates or agents (such agents acting at the direction of FLOWERS) will use the AOL Network to (i) solicit, or participate in the solicitation of AOL Members when that solicitation is for the benefit of any AOL Competitor or (ii) promote any services which could reasonably be construed to be in competition with the business of AOL in providing Internet, online or related services. In addition, FLOWERS may not send any AOL Member e-mail communications through the AOL Network without a "Prior Business Relationship." For purposes of this Agreement, a "Prior Business Relationship" **** Represents material which has been redacted and filed separately with the Commission pursuant to a request for confidential treatment under Rule 406 of the Securities Act of 1933, as amended. shall mean that the AOL Member has either (i) engaged in a transaction with FLOWERS through the AOL Network or (ii) voluntarily provided information to FLOWERS through a contest, registration, or other communication, which, in the case of clause (ii), included notice therein to the AOL Member that the information provided by the AOL Member could result in an e-mail being sent to that AOL Member by FLOWERS or its affiliates or agents. A Prior Business Relationship does not exist by virtue of an AOL Member's visit to the Online Area (absent the additional elements described above).
SOLICITATION OF SUBSCRIBERS. During the term of this Agreement, and --------------------------- for the one-year period following the expiration or termination of this Agreement, neither Preview nor its Affiliates or agents will use the AOL Network to promote, solicit, or participate in the solicitation of AOL Users when that promotion or solicitation is for the benefit of any AOL Competitor. In addition, Preview may not send any AOL User e-mail communications through the AOL Network without a "Prior Business Relationship." For purposes of this Agreement, a "Prior Business Relationship" shall mean that the AOL User has either (i) engaged in a transaction with Preview through the AOL Network or (ii) voluntarily provided information to Preview through a contest, registration, or other communication, which, in the case of clause (ii), included notice therein to the AOL User that the information provided by the AOL User could result in an e-mail being sent to that AOL User by Preview or its Affiliates or agents. A Prior Business Relationship does not exist by virtue of an AOL User's visit to the Online Area (absent the additional elements described above).
SOLICITATION OF SUBSCRIBERS. A. Nothing shall prohibit Grantee from soliciting subscriptions prior to the commencement of operation provided that each such potential subscriber is advised in writing:
(1) Of a reasonable estimate of time when the cable system will commence operation;
(2) That such subscriber may cancel his or her subscription at any time prior to the commencement of service and thereby accrue no charge or penalty, and that deposits shall be refunded within fifteen (15) days.
B. Grantee shall provide to the City upon written request all solicitation materials used by Grantee in the solicitation or education of potential and current subscribers.
SOLICITATION OF SUBSCRIBERS. During the term of this Agreement, and for the two-year period following the expiration or termination of this Agreement, neither N2K nor its agents shall use the AOL Network to (i) solicit, or participate in the solicitation of AOL Members when that solicitation is for the benefit of any entity (including N2K) which could reasonably be construed to be or become in competition with AOL or (ii) promote any services which could reasonably be construed to be in competition with AOL including, but not limited to, services available through the Internet. In addition,
SOLICITATION OF SUBSCRIBERS. During the Term of this Agreement neither the Xxxxxxx Group nor its agents will (a) solicit or participate in the solicitation of CYL subscribers when that solicitation is for the benefit of any entity (including the Xxxxxxx Group) which could reasonably be construed to be or become in competition with CYL or (b) promote any services which could reasonably be construed to be in competition with services available through CYL, including, but not limited to, services available through the Internet and the on-line services of any aggregators of personal and professional development Content.
