Common use of No Communication Clause in Contracts

No Communication. During the Term and for the two (2) ---------------- year period following the expiration or termination of this Agreement (and without limiting any other provision of this Agreement, including Section 5.3.1), N2P agrees not to send any ICQ User any messages or communications on or through the Qualified ICQ Services for any commercial purpose, unless N2P has an Independent Business Relationship with such ICQ User. Any commercial e-mail communications (i.e., e-mail communications offering products or services) to ICQ Users on or through the ICQ Service or the ICQ IP Telephony Services which are otherwise permitted hereunder (i.e., permitted as exceptions to general prohibitions included in this Agreement) shall include a prominent and easy means to "opt-out" of receiving any future commercial e-mail communications from N2P. The Parties acknowledge that any incidental (i.e., de minimis) failure by N2P to comply with the terms of this provision shall not be deemed a material breach of this Agreement; provided, however, that N2P shall take appropriate -------- ------- steps to prevent any further failure to comply with the terms of this Section 5.3.3.

No Communication. During the Term and for the two (2) **** ---------------- year period following the expiration or termination of this Agreement (and without limiting any other provision of this Agreement, including Section 5.3.1), N2P agrees not to send any ICQ User any messages or communications on or through the Qualified ICQ Services for any commercial purpose, unless N2P has an Independent Business Relationship with such ICQ User. Any commercial e-mail communications (i.e., e-mail communications offering products or services) to ICQ Users on or through the ICQ Service or the ICQ IP Telephony Services which are otherwise permitted hereunder (i.e., permitted as exceptions to general prohibitions included in this Agreement) shall include a prominent and easy means to "opt-out" of receiving any future commercial e-mail communications from N2P. The Parties acknowledge that any incidental (i.e., de minimis) failure by N2P to comply with the terms of this provision shall not be deemed a material breach of this Agreement; provided, however, that N2P shall take appropriate -------- ------- steps to prevent any further failure to comply with the terms of this Section 5.3.3.

No Communication. During the Term and for the two (2) ---------------- year [****] period following the expiration or termination of this Agreement (and without limiting any other provision of this Agreement, including Section 5.3.1), N2P agrees not to send any ICQ User AIM Member any messages or communications on or through the Qualified ICQ AIM Services for any commercial purpose, unless N2P has an Independent Business Relationship with such ICQ UserAIM Member. Any commercial e-mail communications (i.e., e-mail communications offering products or services) to ICQ Users AIM Members on or through the ICQ AIM Service or the ICQ AIM IP Telephony Services which are otherwise permitted hereunder (i.e., permitted as exceptions to general prohibitions included in this Agreement) shall include a prominent and easy means to "opt-out" of receiving any future commercial e-mail communications from N2P. The Parties acknowledge that any incidental (i.e., de minimis) failure by N2P to comply with the terms of this provision shall not be deemed a material breach of this Agreement; provided, however, that N2P shall take appropriate -------- ------- steps to prevent any further failure to comply with the terms of this Section 5.3.35.3.