This page states the 'Terms of Use' under which Customer and its Users may use Zenhire.net and any other websites under the control of Zenhire, Inc. ('the Company') (whether partial or otherwise) and other than such other websites to which Customer is not provided access pursuant to the Agreement (as defined below). Capitalized terms used but not otherwise defined herein shall have the respective meanings assigned thereto in the Agreement.

TERMS OF USE

1. Use of Material

The Company authorizes Customer to view and download copies of (i) the publicly accessible material and (ii) the material available from those additional areas of Zenhire.net and the other websites under The Company's control (whether partial or otherwise) (Zenhire.net and such other sites collectively referred to as the 'Zenhire Sites') to which Customer may be permitted access pursuant to these Terms of Use and the agreement and related quote (collectively, the 'Agreement') to which they are attached.

The contents of the Zenhire Sites, such as text, graphics, images, logos, button icons, software and other material (collectively, 'Material'), are protected under both United States and foreign copyright, trademark and other laws. Except as provided in the Agreement, all Material is the property of the Company or its content suppliers or clients. The compilation (meaning the collection, arrangement and assembly) of all content on each Zenhire Site (other than on Private Label pages of Zenhire.net) is the exclusive property of the Company, subject to any and all intellectual property rights that Customer may have in the materials prepared and posted by Customer on a Zenhire Site and all other prior intellectual property rights that Customer may have, and may be protected by U.S. and international copyright laws. Unauthorized use of the Material may violate copyright, trademark, and other laws. Except with respect to materials prepared and posted by Customer on a Zenhire Site, Customer must retain all copyright, trademark, service-mark and other proprietary notices contained in the original Material on any copy Customer makes of the Material. Except to the extent owned by Customer or otherwise permitted by license, Customer may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public purpose. Except to the extent owned by Customer or otherwise permitted by the Agreement, the use of the Material on any other website or in a networked computer environment for any purpose is prohibited.

Zenhire™, ZenSuite™, Applicant Triage™ and myzennet™ are trademarks of Zenhire, Inc. All other trade and service marks, registered or otherwise, are the property of their respective owners.

Other than with respect to any Private Label pages, if a Private Label arrangement is set forth in the Quote, Customer shall not copy or adapt the HTML code that the Company creates to generate its pages. Such HTML code is also protected by the Company's copyright (other than Private Label pages).

2. Acceptable Site Use

General Rules: Neither Customers nor its Users may use any Zenhire Site in order to transmit, distribute, store, alter, copy or destroy material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the patent, copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is malicious, racist, defamatory, obscene, threatening, abusive, hateful or destructive.

3. Zenhire Site Security Rules

Customer and its Users are prohibited from violating or attempting to violate the security of any Zenhire Site, including, without limitation, (a) accessing data not intended for such party or logging into a server or account which such party is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus, worm, time bomb, cancelbots or trojan horse to any Zenhire Site, overloading, 'flooding', 'spamming', 'mailbombing' or 'crashing', (d) sending unsolicited or subscription list e-mail, including promotions and/or advertising of products or services, or (e) falsifying or forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. The Company may investigate occurrences which may involve these and other similar such violations, and may involve and cooperate with, law enforcement authorities in prosecuting parties who are involved in such violations.

4. Specific Prohibited Uses

The Company specifically prohibits any use of any Zenhire Site, and all users agree not to use any Zenhire Site, for any of the following:

Posting any incomplete, false or inaccurate information or, with respect to job postings, information which is not Customer's own accurate job posting.

Posting any franchise, pyramid scheme, 'club membership', distributorship, investment or sales representative agency arrangement or other business opportunity which requires an up front or periodic payment, pays commissions only (no significant salary), requires recruitment of other members, sub-franchisors, sub-distributors or sub-agents.

Deleting or altering any material posted by any other person or entity.

Using any device, software or routine to interfere or attempt to interfere with the proper working of any Zenhire Site, server, network connectivity or any activity or process being conducted thereon.

Taking any action which imposes an unreasonable or disproportionately large load on any Zenhire Site's infrastructure.

Disclosing or sharing a password with any party that is not expressly permitted to use such password, or failing reasonably to protect any such password or using a password for any unauthorized purpose.

Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of any Zenhire Site.

Accessing any segment of any Zenhire Site for which a fee is required without paying such fee.

5. User Submissions

Customer is responsible for its communications and (including without limitation those of its Users) for the consequences of postings and other submissions of Customer and its Users, if any. Customer shall not do, and Customer shall cause its Users not to do, the following things: post material that is copyrighted, unless Customer is the copyright owner or has the permission of the copyright owner to post it; post material that reveals trade secrets, unless Customer owns them; post material that infringes on any other intellectual property rights of others or on the privacy, publicity or other personal rights of others; post material that is obscene, defamatory, racist, threatening, harassing, abusive, destructive or hateful; post sexually-explicit images or statements; post advertisements or solicitations of business other than job postings as contemplated by the Agreement, post chain letters or pyramid schemes; impersonate another person; or post material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.

The Company does not represent or guarantee the truthfulness, accuracy, or reliability of communications posted by users or endorse any opinions expressed by users. Customer acknowledges that any reliance on material posted on any Zenhire Site will be at Customer's own risk.

The Company acts as a passive conduit for the online distribution and publication of user-submitted information and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring material posted by users. If notified by Customer or any other user of communications which allegedly do not conform to the Agreement or these Terms of Use or, with respect to non-member users of any Zenhire Site, which do not conform to the terms of use applicable to the public access areas of any Zenhire Site, The Company may investigate the allegation and determine in its sole discretion whether to remove or request the removal of the communication. The Company has no liability or responsibility to Customer or other users for performance or nonperformance of such activities. The Company reserves the right to remove communications that are abusive, illegal or disruptive. The Company may take any action with respect to user-submitted information that it deems necessary or appropriate in its reasonable discretion if it believes it may create liability for the Company or may cause the Company to lose (in whole or in part) the services of its ISPs or other suppliers.

6. Policy Regarding Termination Of Users And Account Holders Who Repeatedly Infringe The Copyright Or Other Intellectual Property Rights Of Others

The Company and all of its affiliated companies respect the intellectual property of others, and asks Customers, users, account holders and content partners to do the same. The unauthorized reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes infringement of the copyright owner’s rights. As a condition to Customer's use of any Zenhire Site, Customer agrees not to use any Zenhire Site to infringe the intellectual property rights of others in any way. The Company reserves the right to terminate the accounts of any account holders, and block access to all Zenhire Sites of any Customer or other user who is a repeat infringer of the copyrights, or other intellectual property rights, of others. The Company reserves the right to take these actions at any time, in its sole discretion, with or without notice, and without any liability to the person or entity who is terminated or whose access is blocked.

7. Identification of Agent to Receive Notification and Elements of Notification of Claimed Copyright Infringement

If Customer believes that Customer's copyrighted work has been uploaded, posted or copied to any Zenhire Site and is accessible on any Zenhire Site in a way that constitutes copyright infringement, please notify The Company by providing The Company's designated copyright agent with the following information:

The physical or electronic signature of either the copyright owner or of a person authorized to act on the owner's behalf; A description of the copyrighted work Customer claims has been infringed, and a description of the activity that you claim to be infringing; Identification of the URL or other specific location on the Zenhire Site where the material or activity Customer claims to be infringing is located or is occurring; Customer must include enough information to allow us to locate the material or the activity; Customer's name, address, telephone number and, if Customer has one, Customer's e-mail address; A statement by Customer that Customer has a good faith belief that use on the Zenhire Site of the copyrighted work in the manner Customer is complaining of is not authorized by the copyright owner, any agent of the copyright owner, or the law; and A statement by Customer, made under penalty of perjury, that the information Customer has provided in Customer's notice is accurate and that Customer is either the copyright owner or is authorized to act on behalf of the copyright owner. The Company has designated Karen M. Doherty, President, Zenhire, Inc., or her successor in such office as its agent to receive notices of claims of copyright infringement on our web site. Customer can contact as follows:

By mail:
     Robert H Fritzinger, President
     Zenhire, Inc.
     1576 Sweet Home Road, Suite 220
     Amherst, New York 14228

By telephone: 716-639-9674

By facsimile: 716-639-0841

By email: rfritzinger@zenhire.com

8. Registration and Password

Customer is responsible for maintaining the confidentiality of its information and password(s) assigned to Customer or its Users. Customer shall immediately notify The Company of any unauthorized use of any password of which Customer becomes aware. Customer agrees to notify the Company promptly after the departure of any person to whom a password was provided and the Company reserves the right to cancel such password and issue a new password in lieu thereof. The Company reserves the right to periodically change issued passwords, in its sole discretion.

9. The Company's Liability

Zenhire Sites are only a venue and the Company does not screen or censor the listings offered. The Company is not involved in the actual transactions between employers and candidates. As a result, The Company has no control over the quality, safety or legality of the jobs or resumes posted, the truth or accuracy of the listings, the ability of employers to offer job opportunities and pay salaries and benefits to candidates or the ability of candidates to fill job openings. In addition, note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretenses. Customer assumes all risks associated with dealing with other users with whom Customer comes in contact through any Zenhire Site.

Because user authentication on the Internet is difficult, the Company cannot and does not confirm that each user is who he, she or it claims to be. Because the Company does not and cannot be involved in user-to-user dealings or control the behavior of participants on any Zenhire Site, in the event that Customer has a dispute with one or more users, Customer releases the Company (and its representatives, agents and employees) from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, to the extent resulting from such disputes. If Customer is a California resident, Customer waives California Civil Code 1542, which says: A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.

The Company is under no legal obligation to, and generally does not, control the information provided by other users which is made available through any Zenhire Site. By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. The Company expects that Customer will use caution and common sense when using Zenhire Sites.

The Material may contain inaccuracies or typographical errors. Except and only to the extent expressly provided to the contrary in the Agreement, (i) The Company makes no representations about the accuracy, reliability, completeness, or timeliness of Zenhire Sites or the Material and (ii) changes are periodically made by the Company to Zenhire Sites and may be made by the Company at any time.

Customer acknowledges and agrees that it is solely responsible for the form, content and accuracy of any job posting or any material placed by Customer on any Zenhire Site.

The Company is not to be considered to be an employer with respect to Customer's use of any Zenhire Site and The Company shall not be responsible for any employment decisions, for whatever reason made, made by any entity posting jobs on any Zenhire Site.

10. Links to Other Sites

Zenhire Sites contain links to third party web sites. These links are provided solely as a convenience to Customer and/or other users and not as an endorsement by the Company of the contents on such third-party websites. The Company is not responsible for the content of linked third-party sites and does not make any representations regarding the safety, content or accuracy of materials on such third party websites. If Customer decides to access linked third party websites, Customer does so at its own risk. The Company makes no assurance that such sites are free of any virus, worm, time bomb, cancelbots or trojan horse.

11. General

The Company makes no claims that the Materials may be lawfully viewed or downloaded outside of the jurisdiction of the applicable Zenhire Site (the jurisdiction of Zenhire.net is the United States of America, etc.). Access to the Materials may not be legal by certain persons or in certain countries. If Customer or any of its Users accesses a Zenhire Site from outside of the jurisdiction of such Zenhire Site, it does so at its own risk and is solely responsible for compliance with the laws of, or applicable to, its jurisdiction. Jurisdiction for any claims arising under the Agreement, including but not limited to these Terms of Use, shall lie exclusively with the state or federal courts within the County of Erie and State of New York. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term.