BenselsPencils.com Terms of Use

1) Welcome to the BenselsPencils.com (the "website"), which is owned and operated by Network Solutions, LLC ("Network Solutions"). Network Solutions maintains the website as a service to the community, subject to the following terms and conditions ("Terms of Use") concerning the use of the website. When you use and/or visit the website you accept these Terms of Use. Network Solutions reserves the right to modify content on the website and these Terms of Use periodically without prior notice. The Terms of Use incorporate by reference the Terms and Conditions of the Network Solutions Service Agreement at http://www.networksolutions.com/legal/static-service-agreement.jsp. The term "You" or "you" refers to any user or visitor of the website.

BenselsPencils.com has been established by Network Solutions as a website where you can submit an original drawing (the "Drawing") and vote on drawings (a "Vote") that have been submitted. For purposes of the website and these Terms of Use a Drawing or a Vote is considered Content on the website.

You may submit a Drawing and/or a Vote on a Drawing on the website. Drawings may be submitted from March 22, 2010 to April 2, 2010. The Drawing that receives the most votes from the visitors to the website between March 22, 2010 and April 9, 2010 will receive designation as highest vote recipient on the website (the "Best Drawing"). The individual who submits the Best Drawing shall qualify to have Network Solutions make a donation on such individual's behalf in the amount of up to $10,000 to the March of Dimes National Capital Area Chapter (http://www.marchofdimes.com/marylandmetrodc/) (the "Drawing Winner"). The process for such a donation will be that Network Solutions will donate $10,000 to March of Dimes National Capital Area Chapter, and the Drawing Winner can then claim $1.00/vote of that donation for his/her March for Baby team up to $10,000. The $1/vote claim will be calculated by the number of total votes that were submitted on the website for the Best Drawing. Network Solutions will make the entire donation directly to the March of Dimes National Capital Area Chapter.

The Drawing Winner will be announced by Network Solutions on April 14, 2010. To the extent that there is a tie in the number of highest votes that are received for more than one Drawing that was submitted on the website, the Drawings that all received the most votes will be posted on Twitter by Network Solutions and the first three tweets voting for one of the Drawings will determine the Drawing Winner.

2) The primary rule when adding Content to the website is to be relevant and respectful in your postings of such Content. Network Solutions may not pre-screen or regularly review posted Content. This website may have a moderator who will have the right to remove any Content that violates this Terms of Use or the Network Solutions Acceptable Use Policy found at http://www.networksolutions.com/legal/aup.jsp. We reserve the right, in Network Solutions sole discretion, to revoke a user's privilege to post Content on our site if we believe that such Content is detrimental, objectionable or of questionable value.

3) We respect your privacy. The Network Solutions Privacy Policy shall govern on the website. Notwithstanding as this website is a public forum, please do not post or supply any personal, confidential, or proprietary information that you or a third party may wish to keep private. If you submit Content on the website that includes the name of another person we may delete it to protect the privacy of that person.

4) We may cookie files to make it easier for you to access the website. A cookie file is a small data file that certain websites write to your hard drive when you visit them. A cookie file can contain information such as a user ID that the site uses to track the pages you have visited. However, the only personal information a cookie can contain is information you supply yourself. A cookie cannot read data off your hard disk or read cookie files created by other sites. We use cookies to track user traffic patterns (as described above) when you register for Network Solutions services. When you register, we may use a cookie to store a unique, random user ID. We use this ID to identify you anonymously in our database and to track the pages you visit on our site.

If you have set your browser to warn you before accepting cookies, you will receive the warning message with each cookie.

Please Be Respectful To Others

5) It is our goal to maintain a website that is respectful of various views and opinions and is appropriate for the BenselsPencils.com community. With this in mind, we cannot permit Content that in our judgment:

a. harass or advocate harassment of another person or organization;

b. are obscene, exploitive, offensive, promote racism, terrorism, prejudice, bigotry, hatred, violence or physical harm of any kind against any group, company, country or individual;

c. promote information that is false or misleading or promotes actual or potential illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

d. further or promote any criminal activity or enterprise or provide instructional information about actual or potential illegal activities or violating someone's privacy;

e. solicit passwords or personal information from others for commercial or unlawful purposes;

f. introduce viruses, worms, harmful code or Trojan horses on the Internet;

g. may create liability for Network Solutions, its affiliates, its owners or employees; or

h. involve commercial activities and/or sales without our prior written consent.

6) By posting Content to the website, you represent and warrant that you either own or control all of the rights to that Content, and such Content does not violate these Terms of Use and the Content is wholly original. You agree that all opinions expressed by users of the website are expressed in their individual capacities, and not as representatives of Network Solutions. You agree and understand that we will not review the Content that you post.

7) We reserve the right, in our sole discretion, to edit or delete any Content that we believe is inappropriate or undesirable for the site.

8) You agree that Network Solutions has no obligation to store and will not store any Content that you create, post or store on the website. Network Solutions will not store or back-up any Content related to this website and any data or Content that is lost will not be restored or recoverable. You expressly agree that you will not hold Network Solutions or any of its affiliates liable in any way for any data or Content that is lost, removed, edited, revised or deleted on the website.

9) You represent that you have all power and authority to make and agree to this agreement and your Content does not infringe any third party's rights, and is your creation. Further you represent that your Content does not contain any viruses, worms, Trojan horses, malicious or nefarious code or other harmful or destructive content.

10) You warrant and represent that there is no pending or anticipated claims of any kind relating to the Content.

11) For any Content that you post, you hereby grant to Network Solutions a world-wide, royalty-free, irrevocable, perpetual, exclusive and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content in whole or in part, and to incorporate it in other works, in any form, media or technology now known or later developed.

12) You agree that you will indemnify Network Solutions, its employees, agents, and affiliates from any and all claims and/or damages (including but not limited to reasonable attorneys' fees) resulting from any claim brought by any third party relating to Content you have posted or any violation of this agreement.

13) You understand and agree that Network Solutions is not responsible for any Content posted by third parties. You further understand that Network Solutions may monitor any of the posted Content as it chooses and reserves the right to remove, edit or otherwise alter Content that it deems inappropriate for any reason whatever without consent.

14) You agree that you are fully responsible for the Content that you post. You agree that you will not post Content that violates the copyright, trademark, patent or other intellectual property or proprietary right of any third party and that you will immediately remove the same should you discover that you have violated this provision.

15) You agree that you will not impersonate others or post Content that is libelous, defamatory, obscene, abusive, that violates a third party's right to privacy, that otherwise violates any applicable local, state, national or international law, or that is otherwise inappropriate. You may not post Content that is intended to intimidate or to incite violence against anyone or degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification.

16) Minors (under the age of 13) are not allowed to use the service. Your submissions may be deleted if we believe you are under the age of 13.

17) Posting on this website does not constitute notice to Network Solutions of any such matters or for any legal purposes.

18) This website is provided on an "as is" and "as available" basis, and Network Solutions makes no representations or warranties of any kind, express or implied, as to the website's operation, availability or the information, content or materials included in the website. To the full extent permissible by applicable law, Network Solutions hereby disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for any particular purpose. Network Solutions will not be liable for any damages of any kind arising from the use of or inability to use the website.

19) Network Solutions may modify these Terms of Use at any time, and your continued use of the website signifies your assent to such modified terms.

20) You agree that by submitting Content on the website and providing contact information, including, but not limited an email address, that Network Solutions is permitted to market offers related to Network Solutions products and services to you via email or other marketing channels.

21) Network Solutions employees and families may submit Content on the website, but are not eligible to be selected as the Drawing Winner.