Terms of Service

By using the Start Page Service, Customer agrees to the following Terms of Service.

Start Page Service. Google will use commercially reasonable efforts to provide the Start Page Service to Customer during the Term of the Google Apps Premier Edition Agreement entered into by Customer and Google (the “Agreement”). Subject to the terms and conditions of the Agreement and the policies set forth therein, Customer may use the Start Page Service to (a) provide a Start Page to its End Users, and (b) administer such Start Page through the provided Administrative Console. Capitalized terms used in these Terms of Service but not defined herein shall have the same meanings set forth in the Agreement and the Admin Policy.

Search Box and Search Results. Customer agrees that Google will display a Google search box (“Search Box”) in the position specified by Google on the Start Page. All search queries must originate from individual human end users inputting data directly into the Search Box. Google will use commercially reasonable efforts to provide search results (“Search Results”) in response to queries processed through the Search Box. Search Results and any accompanying Ads will be displayed on Web pages hosted by Google (each, a “Search Results Page”), the format, look and feel of which will be determined by Google in its sole discretion, and which may be modified by Google from time to time. Customer agrees that while Google will not serve Ads on the Start Page itself, Google may, in its sole discretion, serve Ads in connection with the Search Results. Customer agrees that any revenue generated by Google from the Ads or otherwise derived by Google from the Start Page Service will be retained by Google and will not be subject to any revenue sharing.

Start Page Content. Customer may use the Administrative Console of the Start Page Service to add modules of Customer-provided content to the Start Page (“Customer Content”). Customer may develop “gadgets” for inclusion in the Start Page Service using the API and development information available at http://www.google.com/apis/homepage/ or such future URL as Google may designate, and by executing the Google Gadgets API Terms of service, located at http://www.google.com/apis/homepage/terms.html or such future URL as Google may designate. Google will not host Customer Content, which shall be hosted by Customer, or hosted by a third party on behalf of Customer, and contained in the modules identified as Customer's content on the Start Page. Customer Content shall conform to Google's reasonable technical requirements, including but not limited to size, dimensions and language, and Google's content policies, as such may be modified by Google from time to time. Google may provide Customer and/or End Users with access to content from publicly available sources or which Google licenses from third parties (e.g., current news and weather information) which may be used to enhance the Start Page (collectively “Additional Content” and provides of Additional Content “Additional Content Providers”). Areas on the Start Page not reserved for Customer Content may be modified by Google from time to time at its sole discretion. Notwithstanding the foregoing, the parties further acknowledge that End Users will have the ability to make personal customizations to certain aspects of the Start Page through an End User Account. Such customizations may include, without limitation, moving or removing modules, regardless of whether such modules contain Customer Content or Additional Content, and/or adding new content from third party content providers (e.g., via RSS feeds or similar mechanisms). The parties further agree that any revenue generated by Customer Content or Additional Content shall each be retained by Customer and Google, respectively, and shall not be subject to any revenue sharing or payment commitments hereunder.

Appropriate Customer Content. Customer agrees that all Customer Content is the sole responsibility of Customer. Google reserves the right (but shall not have the obligation) to remove any Customer Content or other content that violates this Agreement or the Admin Policy, or applicable laws and/or regulations. Customer acknowledges and agrees that: (i) Customer and End Users may be exposed to content that is offensive, indecent or objectionable through their use of the Start Page Service, and (ii) Customer and its End Users use the Start Page Service at their own risk.

Restriction. Customer will not (and will not allow any third party to) use the Start Page Service to track or collect personally identifiable information of Internet users who is not also an End User, nor will Customer (or will Customer allow any third party to) associate any other data gathered from the Start Page Service with any personally identifying information from any source.

Disclaimer Regarding Additional Content. Any Additional Content provided may be modified or removed by Google at any time, including at the request of Additional Content Providers. Customer acknowledges that: (i) Additional Content may not be provided “real-time” and be delayed the Additional Content Provider (e.g., financial data as provided by a financial exchange); (ii) Google does not verify any data contained in Additional Content and disclaims any and all obligations with respect to Additional Content. Google, each Additional Content Provider, and each of their affiliates, third party licensors, and business partners expressly disclaim any and all liability for: (a) the accuracy, adequacy, or completeness of the Additional Content; (b) any errors, omissions or other defects in, delays or interruptions in such Additional Content; or for any actions taken in reliance thereon; and (c) any damages relating to Customer's or End User's use of the Additional Content. As used here, “business partners” does not refer to an agency, partnership, or joint venture relationship between Google and any such parties. Customer agrees not to copy, modify, reformat, download, store, reproduce, reprocess or redistribute any data or information made accessible as part of the Additional Content without obtaining prior written consent from Google. Customer acknowledges and agrees that all data and information is provided “as is” for personal informational purposes only, and is not intended for the purposes of buying or selling stock or as financial advice. With respect to any Additional Content provided by financial exchanges, a broker or financial representative should be consulted to verify pricing before the execution of any trade. Either Google or an Additional Content Providers has exclusive proprietary rights in the Additional Content.

Fixed Footer Information. Customer acknowledges that the Start Page will contain a fixed footer set by Google that may contain, among other things, a link to a Google end user privacy policy and end user terms of service, as each may be updated by Google from time to time. Customer agrees not to interfere with the display of or links contained in such fixed footer.

Access to the Start Page. Customer understands that the Start Page is hosted on a publicly accessible web server by Google, and that third parties other than Customer's End Users may be able to view and access the Start Page and any Customer Content and Additional Content on the Start Page.