IMPORTANT: Floppybank Network Publishers, please read "Publishers Affiliate Service Agreement" regarding the terms, conditions, payment and user privacies.

FloppyBank Usage Guidelines for Clients 

FloppyBank understands the value of the use of its data by its clients in the public arena.  FloppyBank also believes in a "full disclosure" policy where a reasonable reader should be able to understand the source of all FloppyBank data presented whether in a sales presentation, a general presentation, in press releases, or in a public securities filing (or any other public use of the data).  These guidelines are designed to provide our clients with a clear understanding of the permissible and impermissible uses of the data produced, in whatever form it is obtained.  Please read these guidelines for press and other use of our intellectual property.

Copyright Law

All information created by FloppyBank, in any form, is proprietary to it and is protected by U.S. and foreign laws governing intellectual property.  All such information published by us or created using our proprietary data, regardless of form, is copyright protected.  The law does not require a "©" copyright notice, so the omission of such notice does not invalidate copyright protection and it does not indicate that either FloppyBank authorizes the reproduction of such proprietary material.

The United States Copyright Act gives the owner of a copyright the exclusive right to reproduce the copyrighted work, to prepare derivative works based upon the copyrighted work, to distribute copies and to display the work publicly.  These rights apply to both information that is purchased by our clients and information that we may choose to provide at no charge.  In the absence of approval from us, no person or entity may reproduce the copyrighted information, prepare derivative works based on the information, distribute copies of it or display it publicly.

Violation of our copyright may permit us to recover actual damages, statutory damages, punitive damages and attorneys' fees through actions in the United States, international and foreign courts.

Press Use

We grant permission to members of the press to use (1) reports created by us and posted on our Web sites, (2) reports created by a member of the press on our Web sites, and (3) other reports published by us, with the following conditions.

• Reprinted in the press member's publication in full, 
• Excerpted, provided the excerpt is a verbatim excerpt, and 
• Summarized by stating factual information contained in the report. 

We are entitled reprint rights of the articles in which our material is reprinted or referenced, including the right to publish the article on our Web sites or in our marketing materials.

FloppyBank Review Guidelines

In addition to the restrictions on usage of our data that are imposed by the copyright laws discussed above, FloppyBank has requests that its clients comply with certain rules of usage and citation. We require that our clients seek approval of any citation of our data in public filings with the Securities and Exchange Commission or other regulatory authorities to insure a consistency of presentation and definition of the data presented.  Clarity and equity of presentation are key goals of FloppyBank. Filing documents for public companies, presentations, and similar materials where the data are to be used should be submitted to your account representative at FloppyBank, as the case may be, twenty-four hours (24) prior to the final preparation of the document.  In reviewing the presentation of the data, we will look toward the clarity and accuracy of the information presented.

As a courtesy to our clients, we will also review press releases by such clients, provided that such press releases are submitted to your account representative at least 24 hours in advance of release.  We strongly encourage all of our clients, and in particular those clients new to FloppyBank, to submit their press releases to the company for review to ensure proper usage of the data.  We remind all of our clients that in the event that you do not ask for FloppyBank review of the data presented in a press release and such data is inaccurate, we will be unable to confirm the numbers when questioned by third parties or the press. 

We understand that the nature of the business that certain of our clients are involved in, including those clients involved in advertising, marketing and the provision of financial advisory and investment banking advice require that their license permit them to share our data with their clients.  While we acknowledge that this is a valid use of the data, we ask that clients in these sectors and others adhere to the following restrictions in providing our data to their clients:

General

Data is not to be used in consultative or strategic consultations with clients of the advertising agency, ad network, financial institution or consulting firm unless that client is also licensed to use the data.  FloppyBank clients cannot provide data to their clients, nor may they offer nor act as an agent for their clients to acquire the data, to the extent that the provision of the data obviates the need for such clients to purchase the data themselves.  This applies to all data, whether in printed form or in any custom analysis performed by the client or by FloppyBank on behalf of the client.  A client wishing to use the data for purposes other than the permissible uses stated in this paragraph should contact their account representative for permission, and may be subject to additional licensing fees for such usage.

Advertising Agencies and Ad Networks

We allow advertising agencies and ad networks to license our data for use in their capacity as buying agents for companies purchasing media "space" for advertising.  We have found, however, that these clients are also using the data as a tool to consult with clients which are developing a web presence.  These clients are license to use the data for the sole purpose of planning and buying advertising space and exposures.  As such, the data may not be shared with or distributed, in any form, other than for this express purpose. 

Financial Institutions and Consulting Firms

Our clients in the financial and consulting sectors are licensed to use the data for the purpose of preparing reports and analyses for internal use.  The data may also be shared by these clients with third parties to provide analytical services that such clients provide in the normal course of business.  However, these clients may not act as an agent on behalf of a third party for the purpose of licensing or disseminating the data.

UNDER NO CIRCUMSTANCES IS ANY CLIENT LICENSED TO RESELL OR REPACKAGE AND SELL DATA WITHOUT OUR PRIOR WRITTEN CONSENT.

Citation Formats

Citation formats vary depending on the source of the data being published.  Typically, there are three ways in which data are derived: 

• from compiled and published reports (whether publication is in book format or from our web sites); 
• from special client generated tabulations derived from web site tools which clients license from FloppyBank; or, 
• from special, custom tabulations which we produce for clients. 

Published Data (whether published in "book" form or from our web sites): The survey period (month or week and year) should be cited, whether in the body of the text or as a footnote.  If citation is for a particular category defined by FloppyBank, then the category should be cited.  Should the client define its own category, then that needs to be clearly denoted in the text or by footnote.  Below are two examples:

>By Citation in text: "According to the July 1999 Women Web Users Report by FloppyBank, abc.com had a 9.2% reach of all Internet users from home and work, representing just over 2 million different people."

>By footnote:  "Source: FloppyBank, July 1999, Key Women Web Users Report."
 

Client Compiled Data from Web Site:  Special data compilations derived from the FloppyBank website (regardless of version) need to be sited. Because the client selects the specifications for a special tabulation performed at the http://FloppyBank.com site, special wording should be used.  If a special set of sites are defined and do not comprise a FloppyBank category, a notation that the sites selected for analysis were defined by the client should be placed as either a footnote or in the body of the text.  Below is the text which should accompany any site-based tabulations:

>Note on Source:  "Data were compiled by [name of client] from the FloppyBank web site and are based upon FloppyBank reports for June and July 1999."

As always, the marketing and sales staff at FloppyBank. We are happy to assist our clients with any questions that they may encounter in reviewing and complying with these guidelines.  We encourage our clients to contact their account representative with any such questions.

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