Terms

ACCEPTANCE OF TERMS

Welcome to the Web site operated by FerkEnterprises, INC., a Delaware Corporation. We maintain this Web site as a service to its visitors. By using this Web site, you are agreeing to comply with and be bound by the following terms of services. Please review the following terms carefully. If you do not agree to these terms, you have no right from FerkEnterprises to obtain information from or otherwise use this Web site. Failure to use this Web site in accordance with the following terms of use may subject you to severe civil and criminal penalties. 
In addition, when using particular FerkEnterprises services, you and FerkEnterprises shall be subject to any posted guidelines or rules applicable to such
services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the Terms. Please be aware that FerkEnterprises has created certain areas on all its domains on the Service that contain adult or mature content. You must be at least 18 years of age to access and view such areas. 
You agree to the terms and conditions outlined in this Terms of Services with respect to this Web site (the "Site"). This Terms of Services constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content and computer programs provided by or through the Site, and the subject matter of this Terms of Services. This Terms of Services may be amended at any time by us from time to time without specific notice to you. The latest Terms of Services will be posted on the Site, and you should review this Terms of Services prior to each use of the Site. 

REGISTRATION OBLIGATIONS 
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form and maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or FerkEnterprises has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, FerkEnterprises has the right to suspend or terminate your account and refuse any and all current or future use of the Service. FerkEnterprises is concerned about the safety and privacy of all its users. 

FerkEnterprises PRIVACY POLICY

Registration Data and certain other information about you is subject to our Privacy Policy.

MEMBER CONDUCT

You understand that all information, data, text, software, photographs, graphics, messages or other materials (Content), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not FerkEnterprises, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Service. FerkEnterprises does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will FerkEnterprises be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Service.

You agree to not use the FerkEnterprises Service to:

Upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (Rights) of any party.

Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose.

Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service. "Stalk" or otherwise harass another or collect or store personal data about other users.

Upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable or harm minors in any way.

Impersonate any person or entity, including, but not limited to, a FerkEnterprises official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity.

Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service.

Upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).

Upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges.

You acknowledge that FerkEnterprises does not pre-screen Content, but that FerkEnterprises and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, FerkEnterprises and its designees shall have the right to remove any Content that violates the Terms or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by FerkEnterprises or submitted to FerkEnterprises, including without limitation information in FerkEnterprises Message Boards, FerkEnterprises Clubs, and in all other parts of the Service.

You acknowledge and agree that FerkEnterprises may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
- comply with legal process
- enforce the Terms
- respond to claims that any Content violates the rights of third-parties or
- protect the rights, property, or personal safety of FerkEnterprises, its users and the public.

You understand that the technical processing and transmission of the Service, including your Content, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices.

LINKS TO OTHER WEB SITES

The Site may now, or hereafter from time to time, contain links to third-party Web sites. We do not control, investigate, monitor or check such Web sites, we are not responsible for the computer programs available from, content in or opinions expressed at such Web sites, and we do not investigate, monitor or check. We provide such third-party links only as a convenience to visitors of the Site, and the inclusion of a link does not imply approval or endorsement of the linked site by us. If you decide to
leave the Site and access any third-party Web site, you do so at your own risk.

FOR INTERNATIONAL USE

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

EXPORT CONTROL

Any text, logos, designs, graphics, images, sounds, information, documents, or other materials (collectively, "Materials") available from or through the Site are or may be subject to United States export controls. No such Materials from this site may be downloaded or otherwise exported or re-exported (1) into (or to a national or resident of) country to which the United States has embargoed goods; or (2) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders (each, a "Restricted List"). By using or downloading any Materials from the Site, you are warranting that you are not located in, under the control of, or a national or resident of any such country or on any Restricted List.

INDEMNITY

You agree to indemnify and hold FerkEnterprises, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the Terms, or your violation of any rights of another.

NO REPRODUCTION

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

VISITORS COMMUNICATIONS

Except where expressly provided otherwise by us, all comments, feedback, information, or materials that you submit through or in association with the Site shall be considered non-confidential. By submitting such comments, feedback, information, or materials to us:

i. You represent and warrant that FerkEnterprises's use of your submission does not and will not breach any agreement, violate any law, or infringe any third party's rights;
ii. You represent and warrant that you have all rights to enter into this agreement;
iii. FerkEnterprises is free to use in any manner all or part of the content of any such communications on an unrestricted basis without the obligation to notify, identify or compensate you or anyone else; and
iv. You grant FerkEnterprises all necessary rights, including a waiver of all privacy and moral rights, to use all comments, feedback, information, or materials, in whole or in part, or as a derivative work, without any duty by FerkEnterprises to anyone whatsoever.

We do not accept unsolicited ideas, works, or other materials, and you acknowledge that you are responsible for and bear all risk as to the use or distribution of any such ideas, works, or materials. 

MISCELLANEOUS

The Site can be accessed from different locations around the world and may contain references to FerkEnterprises services, and programs that have not been announced where you are located. These references do not imply that FerkEnterprises intends to announce such products, services or programs where you are located. This Agreement shall be treated as though it were executed and performed in New York, New York, and shall be governed by and construed in accordance with the laws of the United States of America and of the State of New York (without regard to conflict of law principles). Any cause of action by you with respect to the Site (and/or information, documents and other materials contained therein) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth under "Disclaimer" above. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against you or us. You expressly submit to the exclusive personal jurisdiction and venue of the Superior Court of New York and the United States District Court for the Central District of New York with respect to all matters relating to this Agreement or your use of the Site, and consent to extra-territorial service of process in connection therewith. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.

GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that FerkEnterprises may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service. You agree that FerkEnterprises has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that FerkEnterprises reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that FerkEnterprises reserves the right to change
these general practices and limits at any time, in its sole discretion, with or without notice.

MODIFICATIONS TO SERVICE

FerkEnterprises reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that FerkEnterprises shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

TERMINATION

You agree that FerkEnterprises, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if FerkEnterprises believes that you have violated or acted inconsistently with the letter or spirit of the Terms. FerkEnterprises may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms may be effected without prior notice, and acknowledge and agree that FerkEnterprises may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that FerkEnterprises shall not be liable to you or any third-party for any termination of your access to the Service.

FerkEnterprises'S PROPRIETARY RIGHTS

You acknowledge and agree that the Service and any necessary software used in connection with the Service (Software) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by FerkEnterprises or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

FerkEnterprises grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by FerkEnterprises for use in accessing the Service.

NOTICES

The Service may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to you generally on the Service.

TRADEMARK INFORMATION

FerkEnterprises, the FerkEnterprises logo, FerkEnterprises in other Characters, and other FerkEnterprises logos and product and service names are trademarks of FerkEnterprises, INC. (the FerkEnterprises Marks). Without FerkEnterprises's prior permission, you agree not to display or use in any manner, the FerkEnterprises Marks.

COPYRIGHTS

FerkEnterprises respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide FerkEnterprises's Team the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest a description of the copyrighted work that you claim has been infringed, a description of where the material that you claim is infringing is located on the site, your address, telephone number, and email address, a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law, a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

LIMITED RIGHT TO USE

The viewing, printing or downloading of any content, video, audio, graphic, form or document from the Site grants you only a revocable, nonexclusive license for use solely by you for personal, noncommercial purposes limited to the use as is reasonably required to view and listen to the content and navigate through the pages and links generally available to the public using a standard Internet browser and standard media player, and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, graphic, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal, noncommercial use (but not for resale or redistribution).

EDITING, DELETING AND MODIFICATION

We reserve the right in our sole discretion to change, edit or delete any documents, information or other content appearing on the Site.

INDEMNIFICATION

You agree to indemnify, defend and hold FerkEnterprises and their respective directors, officers, shareholders, employees, agents, attorneys, merchants, and affiliates (collectively, "Our Affiliated Parties") harmless from any liability, loss, claim or expense, including reasonable attorneys' fees, related to your use of the Site or violation of this Agreement.

NONTRANSFERABLE

Your right to use the Site is not transferable. Any password or right given to you to obtain information or documents from the Site is not transferable.

CONTACT US

By mail:
Ferk Enterprises, Inc
7095 HOLLYWOOD BLVD, # 476
HOLLYWOOD, CA 90028
US

By email: info@FerkEnterprises.com 

GENERAL INFORMATION

The Terms constitute the entire agreement between you and FerkEnterprises and govern your use of the Service, superceding any prior agreements between you and FerkEnterprises. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The Terms and the relationship between you and FerkEnterprises shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You and FerkEnterprises agree to submit to the personal and exclusive jurisdiction of the courts located within the city of New York, New York. The failure of FerkEnterprises to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. 

RESPONSIBILITY OF MEMBERS 

Everyone who sign's with us as a partner must follow the rules: Visitors must come through the Search Box or through result page (xml feed) No incentive searches or clicks are allowed. Incentive clicks are cause for immediate termination. All foreign traffic from partner's to US advertisers will be ignored. If partner send's to much foreign traffic we'll terminate partners account. Foreign traffic from the following countries to US advertisers will be ignored: Afghanistan, Algeria, Angola, Armenia, Azerbaijan, Bahrain, Bangladesh, Belize, Benin, Bhutan, Bolivia, Botswana, Brunei, Burkina Faso, Burundi, Cambodia, Cameroon, Central African Republic, Chad, China, Comoros, Congo, Cote d'Ivoire, Cuba, Cyprus, Djibouti, Ecuador, Egypt, El Salvador, Equatorial Guinea, Eritrea, Ethiopia, French Guyana, French Polynesia, Gabon, Gambia, Georgia, Ghana, Gibraltar, Guatemala, Guernsey, Guinea, Guinea-Bissau, Guyana, Aceh, EastTimor, Iran, Iraq, Israel, Ivory Coast (Cote D'Ivoire), Jordan, Kazakhstan, Kenya, Kiribati, South Kurdish, Iraq, Iran, Kuwait, Kyrgyzstan, Laos, Lebanon, Lesotho, Liberia, Libya, Lithuania, Macao (China), Madagascar, Malawi, Malaysia, Maldives, Mali, Mercosur, Micronesia, Moldova, Mongolia, Morocco, Mozambique, Myanmar, Burma, Nagorno-Karabakh, Artsakh (Azerbaizan), Namibia, Nauru, Nepal, Nicaragua, Niger, Nigeria, Niue, Oman, Pakistan, Palau, Palestinian, Qatar, Rwanda, Sahara, Sao Tome and Principe, Saudi Arabia, Senegal, Seychelles, Sierra Leone, Singapore, Somalia, South Korea, Sri Lanka, Sudan, Suriname, Swaziland, Syria, Tajikistan, Tibet, Togo, Tonga, Tunisia, Turkmenistan, Turks and Caicos Islands, Tuvalu, Uganda, United Arab Emirates, Uzbekistan, Vanuatu, Vietnam, North Vietnam, South Western Sahara, Yemen, Zaire (Dem. Rep. of Congo), Zambia and Zimbabwe. If you have your data base of members and want them to participate in our program, you can only invite them as direct members, your referrals. Do not send them to your site as visitors, because this will cause automatic activation of filters which will disable normal activities of your account. The section titles in the Terms are for convenience only and have no legal or contractual effect.

Ougo Browser is a 100% real free freeware. It is fully multithreaded and it means that you can open several web pages simultaneously in one session. It is customizable, providing options for changing the way Ougo Browser looks and operates.

Ougo Browser is Freeware, not adware or spyware! Ougo Browser will never send any data to us or any third party!

Thank you for using Ougo Browser, which is developed by Cymicom, Inc. for Ferk Enterprises, Inc., and completely free to use. We are committed to respecting the privacy rights and concerns of all users of Ougo Browser. As such, we have established and implemented this privacy policy with regard to the Ougo Browser. The effective date of this privacy policy is August 1, 2004.

No pop-up or pop-under advertisements. Ougo Browser is a Web browsing software. When users use Ougo Browser to browsing websites, some website may popup Web pages that may contain advertisements. But Ougo Browser doesn't launch any pop-up or pop-under advertisements. Instead, Ougo Browser has a useful feature to block those annoying pop-up or pop-under advertisements for you.

No user information collecting . Ougo Browser doesn't collect/log any information of users. When users check for new version of Ougo Browser, Ougo Browser doesn't send any user information to the Server. It downloads the latest version information and compares with the current version information to tell if there is a new version. If Similar Websites Toolbar is visible , Ougo Browser will look up the categories related to the Web page that user is browsing. Ougo Browser and the Server doesn't collect/log any information used for looking up the related categories. And the communication between Ougo Browser and the Server is 128-Bit Encrypted. If Similar Websites Toolbar is invisible , Ougo Browser will NOT look up the categories related to the Web page that user is browsing, and there is no communications with the Server.

Does not modify the Web pages. Whenever you open a Web page, the page is what it is designed to be. Ougo Browser doesn't modify any information in the Web page.

Does not automatically download any 3rd party software. User may use Ougo Browser to download files from Internet. But Ougo Browser will not automatically download any 3rd party software without user's permission.

Does not create security holes. Ougo Browser doesn't contain any functions or codes to help other people or programs to access your computer.

Does not block uninstall. Ougo Browser can be easily removed from the Windows Add/Remove Programs dialog. When you remove Ougo Browser, it will automatically set Internet Explorer as the default Web browser. It's recommended to completely close Ougo Browser before uninstall it.

Ougo browser has few features for testing, which can be easy misused in wrong hands. You are solely responsible for any use of Ougo Browser as such. When set on Automatic clicks Ougo browser may be used just for testing purposes and not for fraud. Companies Ferk Enterprises and Cymicom are not responsible for such reckless use.

Please report any violations of the Terms to FerkEnterprises Team.

Ferk Enterprises © 2003