|
2. Exclusions
<br />This Insurance does 'not apply to:
<br />a. Knowing Violation Of Rights Of Another
<br />"Personal and advertising injury arising out of an
<br />offense committed by, at the direction or with the
<br />consent or acquiescence 'of the insured with the
<br />expectation of inflicting "personal -and advertising
<br />injury„ -
<br />b. Material Published With Knowledge Of Falsity
<br />"Personal and advertising injury" arising out of oral,
<br />written or electronic publication of material; if done
<br />by or at the direction of the Insured with knowledge
<br />of its falsity.
<br />c. Material Published Prior To Polley Period
<br />"Personal and advertising injury" arising out of oral,
<br />written or electronic publication of material whose
<br />first publication` took place before the beginning of
<br />the policy period:
<br />d. Criminal Acts
<br />"Personal and advertising Injury" arising out of a
<br />criminal act committed by or at the direction of the
<br />Insured.
<br />e. Contractual Liability
<br />"Personal and advertising injury" for which the
<br />insured has assumed liability in a contract or
<br />agreement. This exclusion does not apply to liability
<br />for damages that the insured would have in the
<br />absence of the ,contract or agreement.
<br />f. Breach Of Contract `
<br />"Personal and advertising Injury"- arising out of a
<br />breach of contract, except an implied' contract to use
<br />another's "advertising idea" In y "advertisement".
<br />g. Quality Or Performance Of Goods - Failure, To
<br />Conform To Statements
<br />"Personal and advertising injury " arising out of the
<br />failure of goods, products or services to conform
<br />with any statement of quality or performance made
<br />in your "advertisement": ,
<br />h. Wrong Description Of Prices
<br />"Personal and advertising injury" arising out of the
<br />wrong description of the price of goods, products or
<br />services.
<br />1. infringement Of Intellectual Property Rights
<br />"Personal and advertising injury" arising out of any
<br />violation of any intellectual property rights such as
<br />copyright, patent, trademark, trade name, trade
<br />secret, service mark or other designation of origin
<br />or authenticity.
<br />However, this exclusion does not apply to
<br />infringement, in your "advertisement ", of:
<br />(1) Copyright;
<br />(2) Slogan, unless the slogan is also a trademark,
<br />trade name, service mark or other designation
<br />of origin or authenticity; or
<br />(3) Title of any literary or artistic work.
<br />J. Insureds In Media And Internet Type
<br />Businesses
<br />"Personal and advertising injury" committed by an
<br />insured whose business is:
<br />(1) Advertising; broadcasting, publishing or
<br />telecasting;
<br />(2) Designing or determining content of web sites
<br />for others; or
<br />(3) An Internet search, access, content or service
<br />provider.
<br />However, this exclusion- does not apply to
<br />Paragraphs. 17,a., b. and c. of "personal and
<br />advertising injury" under the Definitions Section.
<br />For the purposes of this exclusion, placing an
<br />"advertisement" for or linking to others on your web
<br />site, by itself, is not considered the business of
<br />advertising, broadcasting, publishing ortelecasting.
<br />k. Electronic Chatrooms Or Bulletin Boards
<br />"Personal and advertising injury" arising out of an
<br />electronic chatroom or bulletin board the insured
<br />hosts,, owns, or over which the insured exercises
<br />control.
<br />I. Unauthorized Use Of Another's Name Or
<br />Product
<br />"Persona( and advertising injury" arising out of the
<br />unauthorized use of another's name or product in
<br />your e-mail address, domain name or metatags, or
<br />any other similar tactics to mislead another's
<br />potential customers.
<br />m. Pollution
<br />"Personal and advertising Injury" arising out of the
<br />actual, alleged or threatened discharge, dispersal,
<br />seepage, `migration, release or ` escape of
<br />"pollutants" at anytime.
<br />n. Pollution- Related
<br />Any loss, cost or expense arising out of any:
<br />(1) Request, demand, order or statutory or
<br />regulatory requirement that any Insured or
<br />others test for,' monitor, clean'up,' remove,
<br />contain; treat, detoxify or neutralize; or in any
<br />way respond to, or assess the effects of,
<br />"pollutants "; or ,
<br />(2) Claim or suit by on behalf of a governmental
<br />authority for damages because of testing for,
<br />monitoring, cleaning up, removing, containing,
<br />treating, detoxifying or neutralizing, or in any
<br />way responding to, or assessing the effects of,
<br />"pollutants ".
<br />Page 6 of 18 HG 00 0106 05
<br />
|