|
e. Contractual Liability k. Electronic Chatrooms Or Bulletin Boards
<br /> "Personal and advertising injury" far which the "Personal and advertising injury" arising out of
<br /> insured has assumed liability in a contract or an electronic chatroom or bulletin board the
<br /> agreement. This exclusion does not apply to insured hosts, owns, or over which the insured
<br /> liability for damages that the insured would exercises control.
<br /> have in the absence of the contract or agree- I. Unauthorized Use Of Another's Name Or
<br /> ment. Product
<br /> f. Breach Of Contract "Personal and advertising injury" arising out of
<br /> "Personal and advertising injury" arising out of the unauthorized use of another's name or
<br /> a breach of contract, except an implied con- product in your e-mail address, domain name
<br /> tract to use another's advertising idea in your or metatag, or any other similar tactics to mis-
<br /> "advertisement". lead another's potential customers.
<br /> g. Quality Or Performance Of Goods— Failure m. Pollution
<br /> To Conform To Statements "Personal and advertising injury" arising out of
<br /> "Personal and advertising injury" arising out of the actual, alleged or threatened discharge,
<br /> the failure of goods, products or services to dispersal, seepage, migration, release or
<br /> conform with any statement of quality or per- escape of"pollutants"at any time.
<br /> formance made in your"advertisement". n. Pollution-Related
<br /> h. Wrong Description Of Prices Any loss, cost or expense arising out of any:
<br /> "Personal and advertising injury" arising out of (1) Request, demand, order or statutory or
<br /> the wrong description of the price of goods, regulatory requirement that any insured or
<br /> products or services stated in your "advertise- others test for, monitor, clean up, remove,
<br /> ment". contain, treat, detoxify or neutralize, or in
<br /> i. Infringement Of Copyright, Patent, Trade- any way respond to, or assess the effects
<br /> mark Or Trade Secret of,"pollutants"; or
<br /> "Personal and advertising injury" arising out of (2) Claim or suit by or on behalf of a govern-
<br /> the infringement of copyright, patent, trade- mental authority for damages because of
<br /> mark, trade secret or other intellectual prop- testing for, monitoring, cleaning up, remov-
<br /> erty rights. Under this exclusion, such other ing, containing, treating, detoxifying or
<br /> intellectual property rights do not include the neutralizing, or in any way responding to,
<br /> use of another's advertising idea in your or assessing the effects of,"pollutants".
<br /> "advertisement". o. War
<br /> However, this exclusion does not apply to in- "Personal and advertising injury",", however
<br /> fringement, in your "advertisement", of copy- caused, arising,directly or indirectly, out of:
<br /> right,trade dress or slogan. (1) War, including undeclared or civil war;
<br /> j. Insureds In Media And Internet Type Busi-
<br /> (2) Warlike action by a military force, including
<br /> nesses action in hindering or defending against an
<br /> "Personal and advertising injury" committed by actual or expected attack, by any govern-
<br /> an insured whose business is: ment, sovereign or other authority using
<br /> (1) Advertising, broadcasting, publishing or military personnel or other agents; or
<br /> telecasting; (3) Insurrection, rebellion, revolution, usurped
<br /> (2) Designing or determining content of web- power, or action taken by governmental
<br /> sites for others;or authority in hindering or defending against
<br /> (3) An Internet search, access, content or
<br /> any of these.
<br /> service provider. p. Distribution Of Material In Violation Of
<br /> However, this exclusion does not apply to
<br /> Statutes „
<br /> Paragraphs 14.a., b. and c. of "personal and "Personal and advertising injury arising directly
<br /> advertising injury" under the Definitions Sec- or indirectly out of any action or omission that
<br /> tion. violates or is alleged to violate:
<br /> For the purposes of this exclusion, the placing (1) The Telephone Consumer Protection Act
<br /> of frames, borders or links, or advertising, for (TCPA), including any amendment of or
<br /> you or others anywhere on the Internet, is not addition to such law; or
<br /> by itself, considered the business of advertis- (2) The CAN-SPAM Act of 2003, including any
<br /> ing, broadcasting, publishing or telecasting. amendment of or addition to such law; or
<br /> Page 6 of 14 ©ISO Properties,Inc.,2006 CG 00 01 12 07
<br />
|