Common use of Interactive Service Clause in Contracts

Interactive Service. An entity, other than Onvia (subject to the product and services restrictions in this Agreement), which is or offers one or more of the following: (i) online or Internet connectivity services (e.g., an Internet service provider ("ISP")); (ii) any Portal; and (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; provided, however, that an entity otherwise satisfying one or more of these criteria shall not be considered an Interactive Service if and to the extent that major divisions or subsidiaries of such entity offer products and services which, if offered by an unrelated entity, would not make such entity an Interactive Service (e.g., an entity which offers an ISP service or which serves as a Portal would not be considered an Interactive Service if and only to the extent that separate major divisions or subsidiaries thereof offer products and services unrelated to the ISP service (e.g., such that the Co-Branded Site could promote laser printers offered by a separate division or subsidiary of such ISP or Portal, but not the ISP or Portal services themselves)), provided, however, that any entity which is primarily an Interactive Service (e.g., a reasonably significant portion of its products or services satisfy one or more of the three criteria above) shall not be excluded from the definition of Interactive Service regardless of the product or service in question (e.g., even laser printers from Yahoo! would fall outside the scope of this exception, and may not be promoted in the Co-Branded Site).

Interactive Service. An entity, other than Onvia (subject to the product and ------------------- services restrictions in this Agreement), which is or offers one or more of the following: (i) online or Internet connectivity services (e.g., an Internet service provider ("ISP")); (ii) any Portal; and (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; provided, however, that an entity otherwise satisfying one or more of these criteria shall not be considered an Interactive Service if and to the extent that major divisions or subsidiaries of such entity offer products and services which, if offered by an unrelated entity, would not make such entity an Interactive Service (e.g., an entity which offers an ISP service or which serves as a Portal would not be considered an Interactive Service if and only to the extent that separate major divisions or subsidiaries thereof offer products and services unrelated to the ISP service (e.g., such that the Co-Branded Site could promote laser printers offered by a separate division or subsidiary of such ISP or Portal, but not the ISP or Portal services themselves)), provided, however, that any entity which is primarily an Interactive Service (e.g., a reasonably significant portion of its products or services satisfy one or more of the three criteria above) shall not be excluded from the definition of Interactive Service regardless of the product or service in question (e.g., even laser printers from Yahoo! would fall outside the scope of this exception, and may not be promoted in the Co-Branded Site).