Common use of SOLICITATION OF SUBSCRIBERS Clause in Contracts

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 Request shall clearly and conspicuously specify to the AOL Members at Issue the purpose for which Member Information collected through the information request shall be used (the "Specified Purpose").

SOLICITATION OF SUBSCRIBERS. (a) During the Term term of this Agreement and for a two year period thereafter, Company will not use the [*] period following AOL Network (including, without limitation, the expiration e-mail network contained therein) to solicit AOL Members on behalf of another Interactive Service. More generally, Company will not send unsolicited, commercial e-mail (i.e., "spam") or termination other online communications through or into AOL's products or services, absent a Prior Business Relationship. For purposes 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 will mean that the AOL Member to whom commercial e-mail or other online communication is being sent has voluntarily either (i) purchased Products from ICP engaged in a transaction with Company (not including any transaction through the AOL Network PMR Service); or (ii) voluntarily provided information to ICP Company through a contest, registration, or other communication, which included dear and conspicuous clear notice to the AOL Member that the information provided by the AOL Member could result in an commercial e-mall mail or other online communications being sent to that AOL Member by ICP Company 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 Any commercial e-mail or other online communications to AOL Members which are otherwise permitted hereunder, ICP hereunder will provide the recipient with (a) include a prominent and easy means to '"opt-out" of receiving any future commercial e-mail communications from ICP. Collection Company and (b) shall also be subject to AOL's then-standard restrictions on distribution of Member Information. ICP is prohibited from collecting AOL Member screen names from public bulk e-mail (e.g., related to the time and manner in which such e-mail can be distributed through or private areas of into the AOL Network, except as specifically provided below. ICP product or service in question). (b) Company shall ensure that any surveyits collection, questionnaire or other means use and disclosure of collecting information obtained from AOL Members under this Agreement ("Member Information including, without limitation, requests directed to specific AOL Member screen names and automated methods of collecting screen names (an "Information RequestInformation") complies with (i) all applicable laws and regulations, regulations and (ii) AOL's applicable Terms of Servicestandard privacy policies, and (iii) any privacy policies which have been Issued by available on the AOL in writing during Service at the Term keyword term "Privacy" (or, in the case of a Linked ICP Interactive the Company Internet Site, ICPCompany's standard privacy policies, to the extent policies so long as such policies are prominently published on the site and provide adequate notice notice, disclosure and disclosure choice to users Members regarding ICPCompany's collection, use and disclosure of any user information) (collectively, the "Applicable Privacy Policies"). Each Information Request shall clearly and conspicuously specify to the AOL Members at Issue the purpose for which Company will not disclose Member Information collected through the information request shall be used (the "Specified Purpose")hereunder to any third party in a manner that identifies AOL Members as end users of an AOL product or service or use Member Information collected under this Agreement to market another Interactive Service.

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.e.g, an the ICP Interactive SiteSites). ICP may not send any AOL Member unsolicited email e-mail communications on or through the AOL Network without a "Prior Business Relationship." For purposes of this Agreement 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 clear and conspicuous notice to the AOL Member that the information provided by the AOL Member could result in an e-mall mail 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 screennames 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 screennames and automated methods of collecting screen names screennames (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 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 AOL Privacy Policies"). Each Information Request shall clearly and conspicuously specify to the AOL Members at Issue issue the purpose for which Member Information collected through the information request Information Request shall be used (the "Specified Purpose").

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 information available or obtained as a result of this Agreement to (i) solicit or participate in the solicitation of AOL Members ***** when that solicitation is for the benefit of any entity (including ICPa party hereunder) which could reasonably [*] be construed to be or become [in competition with *] **** or (ii) promote any services which could reasonably be construed to be in competition with services of or available through AOL *****, including, but not limited to, services available through the Internet (e.g., an ICP Interactive Site)Internet. ICP ***** may not send any unsolicited e-mail communications to the ***** AOL Member unsolicited email communications Members *****, on or through the AOL Network without a "Prior Business Relationship." For purposes of this Agreement Agreement, a "Prior Business Relationship" shall mean that the AOL Member *****, as the case may be, has either (i) purchased Products or services or Content from ICP through the AOL Network ***** or (ii) voluntarily provided information to ICP ***** through a contest, registration, or other communication, which included dear clear and conspicuous notice to the AOL Member that the information provided by the AOL Member could result in an e-mall mail 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 *****, as applicable, which are otherwise permitted hereunder, ICP will the sending party shall provide the recipient with a prominent and easy means to '"opt-out" of receiving any future commercial e-mail communications from ICPsaid party. Collection of Member Information. ICP ***** is prohibited from collecting ICP Subscriber or AOL Member screen names screennames, as applicable, from public or private areas of the AOL Network, the ICP Internet Site, ICP Interactive Site or otherwise, except as specifically provided below. ICP ***** shall ensure that any survey, questionnaire or other means of collecting Member Information information including, without limitation, requests directed to specific AOL Member screen names screennames and automated methods of collecting screen names screennames (an "Information Infor mation 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 issued by AOL ***** in writing during the Term (or, in the case of a Linked ICP Interactive Site, ICP's standard privacy policies, and which have been provided 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) other party in writing (collectively, the "Applicable Privacy Policies"). Each Information Request shall clearly and conspicuously specify to the AOL Members at Issue *****, as applicable, the purpose for which Member Information collected through the information request Information Request shall be used (the "Specified Purpose").

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., 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 Request shall clearly and conspicuously specify to the AOL Members at Issue the purpose for which Member Information collected through the information request shall be used (the "Specified Purpose").

SOLICITATION OF SUBSCRIBERS. (a) During the Term and for the [*] two-year period following the expiration or termination of this Agreement, neither ICP nor its agents affiliates will use the AOL Network (including, without limitation, the e-mail network contained therein) to (i) solicit or participate in the solicitation of AOL Members when that solicitation is (as hereinafter defined) from whom ICP has received Member Information on behalf of or for the benefit of another Interactive Service or any entity (including ICP) which could reasonably product or service competitive with products or services offered through AOL or the AOL Network. Notwithstanding the foregoing, ICP shall have the right to send [***] or become during the [***] or (ii) promote any day period immediately prior to the expiration of this Agreement to each [***] from whom ICP has [***] informing such [***] that ICP will no longer be providing 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 Network, provided that such [***] shall be subject to the other terms of this Section 7 and the contents thereof shall be subject to AOL's prior written approval, not to be unreasonably withheld or denied. 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 Agreement, a "Prior Business Relationship" shall will mean that the AOL Member to whom commercial e-mail or other online communication is being sent has voluntarily either (i) purchased Products from engaged in a transaction with ICP through the AOL Network or (ii) voluntarily provided information to ICP through a contest, registration, or other communication, which included dear and conspicuous clear notice to the AOL Member that the information provided by the AOL Member could result in an commercial e-mall mail or other online communications 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 Any commercial e-mail or other online communications to AOL Members which are otherwise permitted hereunder, ICP hereunder will provide the recipient with (a) include a prominent and easy means to '"opt-out" of receiving any future commercial communications from ICP and (b) shall also be subject to AOL's then-standard restrictions on distribution of bulk e-mail communications from ICP. Collection of Member Information. ICP is prohibited from collecting AOL Member screen names from public (e.g., related to the time and manner in which such e-mail can be distributed through or private areas of into the AOL Network, except as specifically provided below. product or service in question). (b) ICP shall ensure that any surveyits collection, questionnaire or other means use and disclosure of collecting information obtained from AOL Members under this Agreement ("Member Information including, without limitation, requests directed to specific AOL Member screen names and automated methods of collecting screen names (an "Information RequestInformation") complies with (i) all applicable laws and regulations, regulations and (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 available on the site and provide adequate notice and disclosure to users regarding ICP's collection, use and disclosure of any user informationAOL Service at the keyword term "Privacy". ICP will not (x) (collectively, the "Applicable Privacy Policies"). Each Information Request shall clearly and conspicuously specify to the AOL Members at Issue the purpose for which disclose Member Information collected through the hereunder to any third party in a manner that identifies AOL Members as end users of an AOL product or service, (y) rent, sell or barter Member Information, or (z) use Member Information collected under this Agreement to market another Interactive Service. Nothing herein shall prevent ICP from using Member Information to compile, for ICP's internal use, statistical or demographic information request or for other legal purposes ("Compilations"); such Compilations may only be used for ICP's internal purposes and shall be used (deemed to be AOL Confidential Information, provided that, ICP shall be able to use such aggregate numbers included in the "Specified Purpose")Compilations for general information purposes.

SOLICITATION OF SUBSCRIBERS. During the Term and for the [*] Confidential Treatment Requested*]-year period following the expiration or termination of this Agreement, neither ICP Infonautics nor its agents (with respect to which Infonautics exercises control over the promotion and solicitation methods (as opposed to content)) will use the AOL Network to (i) promote, or solicit or participate in the solicitation of AOL Members for, any product, serevice or goods (each a "Product") which is not the Exclusive Product or directly related to the Exclusive Product or Infonautics' core business of providing interactive research resources, (ii) solicit or participate in the solicitation of AOL Members when that solicitation is for the benefit of any Interactive Service or any entity (including ICPInfonautics) which could reasonably [*] offers, sells, licenses, distributes or become [*] provides a Product which is competitive with a Product offered, sold, licensed or distributed by AOL or its Affiliates or (iiiii) promote any services which could reasonably be construed to be in competition with services available through any AOL includingcommerce partner having exclusivity, but or pervasive placement and/or promotion, with respect to such Product over the AOL Network or a portion thereof (provided that clause (i) shall govern over this clause (iii) in the event of a conflict between the two clauses so long as Infonautics' exclusivity rights under this Agreement remain in effect); provided, however, that Infonautics shall not limited to, services be deemed to have violated the foregoing restriction due to promotions or solicitations which appear on a generally available web site accessible through AOL NetFind (provided there is no link to such web site from the Customized Infonautics Internet (e.g., an ICP Interactive SiteSite or the AOL Service). ICP Infonautics may not send any AOL Member unsolicited email Members bulk e-mail communications on or through the AOL Network without a "Prior Business Relationship." For purposes of this Agreement Agreement, a "Prior Business Relationship" shall mean that the AOL Member has either (i) purchased Products products or services from ICP Infonautics through the AOL Network or (ii) voluntarily provided information to ICP Infonautics through a contest, registration, or other communication, which included dear clear and conspicuous notice to the AOL Member that the information provided by the AOL Member could result in an e-mall mail being sent to that AOL Member by ICP Infonautics or its agents. A Prior Business Relationship does not exist solely by virtue of an An AOL Member's visit to the ICP Sites (Customized Infonautics Internet Site, an Infonautics Interactive Site 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 ICPset forth above does not qualify. Collection of Member Information. ICP Infonautics is prohibited from collecting AOL Member screen names screennames from public or private areas of the AOL Network, except as specifically provided below. ICP Infonautics shall ensure that any survey, questionnaire or other means of collecting AOL Member Information screennames, addresses or other information identifying or relating to AOL Members ("Member Information") including, without limitation, requests directed to specific AOL Member screen names screennames and automated methods of collecting screen names screennames (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 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 AOL Privacy Policies"). Each Information Request shall clearly and conspicuously specify to the AOL Members at Issue issue the purpose for which Member Information collected through the information request Information Request shall be used (the "Specified Purpose").