Common use of SOLICITATION OF SUBSCRIBERS Clause in Contracts

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., the ICP Internet Site). ICP may not send any AOL Member unsolicited e-mail 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 clear and conspicuous notice to the AOL Member that the information provided by the AOL Member could result in an e-mail being sent to the AOL Member by ICP or its agents. In any commercial e-mail communications to AOL Members which are otherwise permitted hereunder, ICP shall provide the recipient with a prominent and easy means to "opt-out" of receiving any future commercial e-mail communications from ICP.

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., the an ICP Internet Interactive Site). ICP may not send any AOL Member unsolicited e-mail 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 clear and conspicuous notice to the AOL Member that the information provided by the AOL Member could result in an e-mail being sent to the 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 Online Area (absent the additional elements described above). In any commercial e-mail communications to AOL Members which are otherwise permitted hereunder, ICP shall will provide the recipient with a prominent and easy means to "opt-out" of receiving any future commercial e-mail communications from ICP.

SOLICITATION OF SUBSCRIBERS. During the Term and for the twoone-year period --------------------------- following the expiration or termination of this Agreement, neither ICP POC nor its agents will use the AOL CompuServe Network to (i) solicit or participate in the solicitation of AOL CompuServe Members when that solicitation is for the benefit of any entity (including ICPPOC ) which could reasonably be construed to be or become in competition with AOL CompuServe or (ii) promote any services which could reasonably be construed to be in competition with services available through AOL CompuServe including, but not limited to, services available through the Internet (e.g., the ICP Internet Site)Internet. ICP POC may not send any AOL CompuServe Member unsolicited e-mail communications on or through the AOL CompuServe Network without a "Prior Business Relationship." For purposes of this Agreement, a "Prior Business Relationship" shall mean that the AOL CompuServe Member has either (i) purchased Products from ICP POC through the AOL CompuServe Network or (ii) voluntarily provided information to ICP POC through a contest, registration, or other communication, which included clear and conspicuous notice to the AOL CompuServe Member that the information provided by the AOL CompuServe Member could result in an e-mail being sent to the AOL that CompuServe Member by ICP POC or its agents. In any commercial e-mail communications to AOL Members CompuServe Members, which are otherwise permitted hereunder, ICP POC shall provide the recipient with a prominent and easy means to "opt-out" of receiving any future commercial e-mail communications from ICPPOC .