Wireless Network Directory {public beta}

Terms of Service

Following are the Terms of Service that govern your use of the kismap.com Service.

We would ask that if you are between 14 and 18 years old that you check with your parents or guardians before you agree to the Terms of Service, and you get them to explain anything in this document that you might not understand.

PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY IN ORDER TO UNDERSTAND YOUR RIGHTS AND OBLIGATIONS AS A VISITOR OR USER OF THE kismap.com SERVICE. BY ENTERING OR USING kismap.com ,YOU ARE CONSENTING TO BE BOUND BY THESE TERMS OF SERVICE.

THE DATA ARE LICENSED TO YOU FOR ENTERTAINMENT PURPOSES ONLY. kismap.com DOES NOT CONDONE, ENDORSE OR ENCOURAGE ILLEGAL ACTIVITY. YOU UNDERSTAND AND AGREE THAT THE DATA ARE NOT TO BE USED FOR ANY ILLEGAL PURPOSE. SUCH USE AUTOMATICALLY TERMINATES THIS AGREEMENT. FURTHER, YOU UNDERSTAND THAT POSSESSION OF THE DATA MAY BE RESTRICTED BY STATE OR LOCAL LAWS AND AGREE THAT YOU HAVE DETERMINED THAT POSSESSION OF THE DATA VIOLATES NO SUCH LAWS IN YOUR JURISDICTION.

THERE ARE NO WARRANTIES TO YOU OR ANY OTHER PERSON OR ENTITY FOR THE DATA EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH WARRANTIES ARE EXPRESSLY AND SPECIFICALLY DISCLAIMED. IN NO EVENT SHALL kismap.com BE RESPONSIBLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR SIMILAR DAMAGES OR LOST DATA OR PROFITS TO YOU OR ANY OTHER PERSON OR ENTITY REGARDLESS OF THE LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

kismap.com provides the kismap.com Service to you, subject to the following Terms of Service ("TOS"), which may be updated by kismap.com from time to time without notice to you. In addition, when using particular kismap.com Services, you and kismap.com shall be subject to any guidelines and rules applicable to such services which may be posted by kismap.com from time to time. All such guides and rules are hereby incorporated by reference into the TOS. In most cases the guides and rules are specific to a particular part of the Service and will assist you in applying the TOS to that part, but to the extent of any inconsistency between the TOS and any guide or rule, the TOS will prevail.

kismap.com may also offer services from time to time that are governed by other Terms of Service. In such cases the other Terms of Service will be posted on the relevant service to which they apply.

1. DESCRIPTION OF SERVICE
kismap.com is an online directory that currently provides the ability to map wireless networks and to submit Kismet network scanner log files. That includes a wide variety of services, tools, products and other resources to assist you in mapping and finding wireless networks and other purposes for non-commercial use through its network of properties (the "Service").
You acknowledge and agree that the Service and the information, products and services associated with it are provided to you on an "AS IS", "AS AVAILABLE" basis and that kismap.com assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. Unless expressly otherwise stated, any new features that augment or enhance the existing services available through the kismap.com Service shall be subject to these TOS.
These TOS do not grant to you or any other user any license or right in or to any patent, copyright, trademark, trade secret or other proprietary right of kismap.com or any other party.
In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service and/or telephony fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem, web-enabled mobile phone or PDA, or other access device.

2. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to:
(a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Account Information /Registration Data") and
(b) maintain and promptly update the Account Information/Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or kismap.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, kismap.com has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
kismap.com is concerned about the safety and privacy of all its users. For this reason, parents who wish to allow their children access to the Service should assist them in setting up any relevant accounts and supervise their access to the Service.

3. MEMBER ACCOUNT, PASSWORD AND SECURITY
You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to:
(a) immediately notify kismap.com of any unauthorized use of your password or account and any other breach of security, and
(b) ensure that you exit from your account at the end of each session. kismap.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 3.

4. MEMBER/USER CONDUCT
You acknowledge that all information, data, text, software, log files, comments, messages and other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not kismap.com are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Service. kismap.com does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You acknowledge that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will kismap.com be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Service.

kismap.com does not actively monitor or review the Information uploaded, posted, transmitted or made available on or through the Service. kismap.com shall not be responsible in any way for any such Information and does not guarantee the accuracy, integrity or quality of such Information. You understand that by using the Service you may be exposed to Information that is offensive, indecent or otherwise objectionable. kismap.com and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service. Without limiting the foregoing, kismap.com and its designees shall have the right to remove any Content, including usernames and site names, that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by kismap.com or submitted to kismap.com including without limitation information in kismap.com and in all other parts of the Service.

You acknowledge and agree that kismap.com may preserve Content and may also disclose Content:
(a) to its affiliated companies worldwide for the purpose of providing the Content to you in an efficient manner,
(b) for the purpose of properly administering your account in accordance with the standard operating procedures of kismap.com , kismap.com or its affiliated companies; and/or
(c) if required to do so by law or in the good faith belief that any such preservation or disclosure is reasonably necessary to:
(d) comply with legal process;
(e) enforce the TOS;
(f) respond to claims that any Content violates the rights of third-parties; or
(g) protect the rights, property, or personal safety of kismap.com , its users and the public.

You acknowledge that the technical processing and transmission of the Service, including your Content, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. kismap.com reserves the right to terminate your access to some or all parts of its Service if you withdraw your consent in this paragraph at any time.

5. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which you reside (if different from the aforementioned).

6. PUBLIC CONTENT POSTED TO kismap.com
(a) For purposes of the TOS, "publicly accessible areas" of the Service are those accessible by the general public. By way of example, a publicly accessible area of the Service would include public kismap.com browsable map and list of wireless networks, but would not include private kismap.com communication Services such as a private password protected.
(b) With respect to Content you elect to post or submit for inclusion in publicly accessible areas of kismap.com that consists of kismet log files, text, photos or other graphics you elect to post to any other publicly accessible area of the Service, you grant kismap.com a world-wide, royalty free and non-exclusive license to reproduce, modify, adapt and publish such Content on the Service solely for the purpose of displaying, distributing and promoting kismap.com to which such Content was submitted, or, in the case of photos or graphics, solely for the purpose for which such photo or graphic was submitted to the Service. This license exists only for as long as you elect to continue to include such Content on the Service and shall be terminated at the time you delete such Content from the Service.
(c) With respect to all other Content you elect to post to other publicly accessible areas of the Service, you grant kismap.com the royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.

By transmitting, uploading, posting or submitting any Information to the kismap.com Site you:
(a) declare such Information is not confidential, secret or proprietary information;
(b) warrant that no other party has rights to the Information and that your transmission, posting, uploading or submission of such Information and Content, including usernames and site names deemed to be owned by someone else, to the Service does not violate any copyright or other laws; and
(c) irrevocably grant to kismap.com a worldwide, royalty-free, non-exclusive, perpetual license to use, display, perform, distribute, modify, reproduce and publish the Information in any form anywhere.

kismap.com is not responsible for comments, advice, information or any other posting made by users, visitors, licensors of kismap.com or others in these public areas. kismap.com reserves the right, but without any obligation, to review materials posted in these public areas and to delete or edit them at any time for any reason or for no reason.

7. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

8. MODIFICATIONS TO SERVICE
kismap.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that kismap.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

9. TERMINATION
You agree that kismap.com in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if kismap.com believes that you have violated or acted inconsistently with the letter or spirit of the TOS. kismap.com may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be affected without prior notice, and acknowledge and agree that kismap.com may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that kismap.com shall not be liable to you or any third-party for any termination of your access to the Service.

10. LINKS
The Service may provide, or third parties may provide, links to other World Wide Web sites, mobile/wireless internet sites, or resources. Because kismap.com has no control over such sites and resources, you acknowledge and agree that kismap.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. The inclusion of any link on the Service does not imply endorsement by kismap.com of the linked site or its sponsoring organization. Your linking to any off-site Web pages or other Web sites is at your own risk. kismap.com reserves the exclusive right in its sole discretion to add, decline or remove, without notice, any icon or link to any other Web site. You further acknowledge and agree that kismap.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

11. kismap.com'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by kismap.com or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

kismap.com grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. The foregoing is subject to applicable statute and other express laws. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by kismap.com for use in accessing the Service.

12. DISCLAIMERS

kismap.com AND ALL OTHER PARTIES INVOLVED IN THE CREATION, PRODUCTION, MAINTENANCE OR DELIVERY OF THE SERVICE DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE SERVICES AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED ON OR THROUGH THE SERVICE, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. kismap.com ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY AFFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY IN CONNECTION WITH YOUR ACCESS TO, USE OF, OR BROWSING THE SERVICE OR YOUR DOWNLOADING OF ANY INFORMATION FROM THE SERVICE.
kismap.com IS NOT RESPONSABLE FOR THE CONTENT POSTED AND SUBMITTED BY USERS.
kismap.com IS NOT RESPONSABLE FOR THE USAGE DONE WITH THE SERVICE AND THE CONTENT.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

1) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, kismap.com EXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITIONS AND OTHER TERMS OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED TERM OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY TERM AS TO THE PROVISION OF SERVICES TO A STANDARD OF REASONABLE CARE AND SKILL OR AS TO NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT.

2) kismap.com MAKES NO WARRANTY OR REPRESENTATION THAT
(i) THE SERVICE WILL MEET YOUR REQUIREMENTS,
(ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
(iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE,
(iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND
(v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
(vi) ANY INFORMATION AVAILABLE ON OR THROUGH THE SERVICE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING DESTRUCTIVE PROPERTIES;
(vii) THE INFORMATION AVAILABLE ON OR THROUGH THE SERVICE WILL NOT CONTAIN ADULT-ORIENTED MATERIAL OR MATERIAL WHICH SOME INDIVIDUALS MAY DEEM OBJECTIONABLE; OR
(viii) THE FUNCTIONS OR SERVICES PERFORMED BY THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. kismap.com MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE SUITABILITY OF THE INFORMATION AVAILABLE OR WITH RESPECT TO ITS LEGITIMACY, LEGALITY, VALIDITY, QUALITY, STABILITY, COMPLETENESS, ACCURACY OR RELIABILITY. kismap.com DOES NOT ENDORSE, VERIFY OR OTHERWISE CERTIFY THE CONTENT OF ANY SUCH INFORMATION. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OF IMPLIED WARRANTIES, SO THE FOREGOING EXCLUSIONS, AS TO IMPLIED WARRANTIES, MAY NOT APPLY TO YOU.

3) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

4) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM kismap.com OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY OR OTHER OBLIGATION NOT EXPRESSLY STATED IN THE TOS.


12. LIMITATION OF LIABILITY
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT kismap.com SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF kismap.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
(i) THE USE OR THE INABILITY TO USE THE SERVICE;
(ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
(iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(iv) INFRINGEMENT OF YOUR PRIVACY
(v) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR
(vi) ANY OTHER MATTER RELATING TO THE SERVICE.

YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SERVICE OF THESE TOS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

13. INDEMNIFICATION
You expressly agree to indemnify and hold kismap.com and its subsidiaries, affiliates, officers, agents, co-branders and other partners, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

You expressly agree that kismap.com shall not be responsible or liable for the accuracy, usefulness or availability of any Information transmitted, uploaded, posted or made available on or through the Service. You must evaluate, and bear the risk associated with, the accuracy, completeness or usefulness of any such Information. kismap.com shall not be obligated to actively monitor or review the Information which users or other third parties post, upload or transmit through the Service. However, kismap.com reserves the right, in the exercise of its sole discretion but without any obligation, to refuse or remove any Information available on or through the Service that violates these TOS or is otherwise objectionable in the sole opinion of kismap.com .

THE INFORMATION ON THE SERVICE MAY INCLUDE INAPPROPRIATE MATERIAL. BY ENTERING OR USING THE SERVICE YOU UNDERTAKE FULL RESPONSIBILITY TO:
(A) DETERMINE WHETHER THE INFORMATION COMPLIES WITH YOUR NEEDS;
(B) DETERMINE WHETHER YOU HAVE ADEQUATE LEGAL RIGHTS TO STORE, REPRODUCE OR OTHERWISE USE THE INFORMATION IN ANY MANNER CONTEMPLATED BY YOU; AND
(C) COMPLY WITH ANY AND ALL LEGAL OBLIGATIONS, INCLUDING WITHOUT LIMITATION OBLIGATIONS IMPOSED BY COPYRIGHT, TRADE SECRET, DEFAMATION, INDECENCY, ONLINE CONDUCT AND ACCEPTABLE CONTENT, PRIVACY AND EXPORT LAWS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ENTER OR USE THE SERVICE.

14. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

IN PARTICULAR, NOTHING IN THESE TOS SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM THE NEGLIGENCE OR FRAUD OF kismap.com.

15. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
If you intend to create or join any service, receive or request any news, messages, alerts or other information from the Service concerning companies, stock quotes, investments or securities, please read the above sections again. In addition, for this type of information particularly, the phrase "Let the investor beware" is apt. The Service is provided for informational purposes only, and no Content included in the Service is intended for trading or investing purposes. kismap.com shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted via the Service, and shall not be responsible or liable for any trading or investment decisions made based on such information.

16. NOTICE
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.

17. GENERAL INFORMATION
These TOS (including the guides and rules referred to herein) constitute the entire agreement between you and kismap.com and govern your use of the kismap.com Service, superseding any prior agreements between you and kismap.com . You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. You and kismap.com agree to submit to the exclusive jurisdiction of the United States courts. The failure by kismap.com to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of these TOS is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced. kismap.com 's failure to act with respect to a breach by any user or others does not waive kismap.com 's right to act with respect to subsequent or similar breaches. The section headings and subheadings contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement.

The section titles in the TOS are for convenience only and have no legal or contractual effect.

18. VIOLATIONS
Please report any violations of the TOS to kismap.com to info@kismap.com

REMOVAL REQUESTS

If you wish to remove some content from kismap.com database, you can ask it sending an e-mail to info@kismap.com with the subject REMOVAL
Your request will be examined as soon as possible.

Last Modified: January 08, 2009