This online gaming service ("The Service") is the copyrighted work of Sierra Entertainment(r) ("Sierra") or its suppliers. All use of The Service is governed by the terms of use provided below ("The Service Terms of Use"). The Service is provided "as is" solely for use by end users of Sierra software products according to the terms of conditions contained herein. Any use of The Service not in accordance with the terms of The Service Terms of Use is expressly prohibited. 

In addition to the terms herein, your use of The Service is also subject to additional terms unique for each Sierra Entertainment Software product that includes The Service technology (the "Additional Terms"). The Additional Terms follow The Service Terms of Use.

1. Grant of License. Sierra hereby grants, and by using The Service you thereby accept, a limited, personal, non-exclusive license and right to use The Service using either a home, work or portable computer. Subject to the foregoing Grant of License, you may not remove any proprietary notices or labels on The Service without the prior consent, in writing, of Sierra. Sierra reserves the right for any reason to remove, without notice, any content of The Service received from users, including without limitation, bulletin board postings. Sierra reserves the right to deny, at its sole discretion, any user access to The Service or any portion thereof without notice. Without limiting the foregoing, Sierra retains the right to decline the Service to any user who violates The Service Terms of Use. 

2. Registration Information. To register your account on The Service, you will be required to provide your name, user id (or user "handle"), email address, and, where applicable, the "CD-Key" from the Sierra Entertainment Software product you have purchased that includes The Service technology. This information is used to identify you as a "unique user" of The Service. In the event that Sierra learns that you have provided Sierra with false or misleading registration information, Sierra reserves the right to terminate your Service account.   Your user id or user handle must be in accordance with the Account Naming Policy set forth within the Additional Terms of the Software product.

3. Ownership. All title, ownership, and intellectual property rights in and to The Service (including, but not limited to, any titles, computer code, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, any related documentation, "applets" incorporated into The Service, transcripts of the chat rooms, member profile information, recordings of games played on The Service, and software) are owned by Sierra Entertainment or its licensors. All rights are reserved. The Service is protected by the copyright laws of the United States, international copyright treaties and conventions, and other laws. All rights are reserved. The Service may contain certain licensed materials, and Sierra's licensors may protect their rights in the event of any violation of this Agreement. 

4. Your Use of The Service. 
A. You are entitled to use The Service for your own personal use, but you shall not be entitled to 
(i) sell or grant a security interest in or transfer reproductions of The Service to other parties in any way, nor to rent, lease, or license The Service to others without the prior written consent of Sierra;
(ii) copy, photocopy, reproduce, translate, reverse engineer, modify, disassemble, or de-compile in whole or in part any The Service software;
(iii) create derivative works based on The Service;
(iv) provide matchmaking services for any Sierra software programs or emulate or redirect the communication protocols used by Sierra as part of The Service, through protocol emulation, tunneling, modifying or adding components to the Program, use of a utility program, or any other technique now known or hereafter developed, for any purpose, including, but not limited to, network play over the Internet, network play utilizing commercial or non-commercial gaming networks, or as part of content aggregation networks without the prior written consent of Sierra or exploit The Service or any of its parts for any commercial purpose, including, but not limited to, use at a location such as a cyber cafe, arcade, or other location where users are charged a fee, whether hourly or otherwise, to use The Service;
(v) use any third-party software to modify The Service to change game play, including, but not limited to cheats and/or hacks; 
(vi) use Sierra's intellectual property rights contained in The Service to create or provide any other means through which Sierra Entertainment Software products may be played by others, including, but not limited to, server emulators; 
(vii) institute attacks upon a The Service server or otherwise disrupt The Service;
(viii) harass, threaten, stalk, embarrass, or cause distress, unwanted attention or discomfort upon another user of The Service or other person or entity; cheat during gameplay, including but not limited to modification of the game program files; 
(ix) transmit or post sexually explicit images or other content which in the sole discretion of Sierra is deemed to be offensive; nor shall you transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, racially, ethnically, or otherwise objectionable content; 
(x) carry out any action with a disruptive effect, such as causing the screen to "scroll" faster than other users are able to view or type to it;
(xi) impersonate a Sierra official or employee or any other person;
(xii) disrupt the normal flow of dialogue in a chat room or otherwise act in a manner that negatively affects other users, individuals, or entities, including, but not limited to, posting "Spam" messages on The Service. "Spam" messages as used herein include, but are not limited to any effort to use a computer or other electronic device to post an unauthorized and/or unsolicited advertisement to The Service;
(xiii) post or transmit chain letters, "cashbots," or pyramid schemes; post or transmit any unsolicited advertising, promotional materials, or other forms of solicitation to other users, individuals, or entities on The Service; 
(xiv) intentionally or unintentionally violate any applicable local, state, national, or international law or regulation; 
(xv) modify any file that Sierra does not specifically authorize you to modify; 
(xvi) "spam" by posting or sending more than one unsolicited message or piece of mail to a single address or in a chat area;
(xvii) create or maintain, under any circumstance, more than one simultaneous connection to The Service. All such connections to The Service, whether created by Sierra software products or by other tools and utilities, may only be made through methods and means expressly approved by Sierra Entertainment. Under no circumstances may you connect or create tools that allow you to connect to The Service's private binary interface or interfaces other than those explicitly provided by Sierra Entertainment for public use;
(xviii) Communicate or post any user's personal information in or on the The Service game network, web site, or forums. 

B. In the event that you violate any of the foregoing provisions, Sierra may at its option and without notice to you 
(i) temporarily suspended your access to The Service; or 
(ii) immediately terminate your access to The Service; and 

C. In the event that Sierra is contacted by governmental authorities and/or parties seeking legal redress against you for a violation committed by you or alleged to have been committed by you involving your use of The Service, Sierra will cooperate fully with and all governmental authorities and any lawful orders of the court with regards to the release of information that relates to you and your use of The Service, including, but not limited to, user Internet Protocol (IP) addresses, associated personal information, and all other user information on file. 

5. Content Uploads to The Service. You may upload content to The Service in various forms, including, but not limited to, the selections you make for the Program, in chat rooms, and similar user-to-user areas (collectively, your "Content"). Your Content shall not: (a) infringe any third party intellectual property, other proprietary or publicity/privacy rights; (b) violate any law or regulation; (c) be defamatory, obscene, or pornographic; or (d) contain any viruses, Trojan horses, cancelbots, worms, time bombs, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information. Sierra reserves the right to any legal remedies available to Sierra with respect to your Content, including, but not limited to, termination of your use of The Service if we believe your Content may create liability for Sierra or may cause Sierra to lose (in whole or in part) the services of our ISPs or other suppliers. You hereby grant to Sierra a worldwide, perpetual, irrevocable, royalty-free, sublicenseable (through multiple tiers) right to exercise all intellectual property rights, in any media now known or not currently known, associated with your Content.

6. Use of Your Content. Sierra and/or its parent, subsidiaries or affiliates may gather, process, and use (and allow others to use) any and all information which you provide directly to Sierra ("Content"), as well as information regarding the manner in which you use The Service. You hereby grant to Sierra a worldwide, perpetual, irrevocable, royalty-free, sublicenseable (through multiple tiers) right to exercise all intellectual property rights, in any media now known or not currently known, associated with your Content. 

7. Information found on The Service. Sierra does not endorse or stand behind the accuracy, truthfulness or reliability of any information (including statements of opinion or advice) provided on or by means of The Service. Any and all statements made in forums, conferences, or chats or during game play reflect only the views of their authors. 

8. Termination. This agreement is effective until termination by either party. You may terminate this agreement at any time by destroying all materials obtained from this Site and/or The Service and all related documentation thereof. Sierra reserves the right to terminate this agreement without notice at Sierra's sole discretion if you fail to comply with any term of this agreement, including, but not limited to, disruptive behavior, cheating, instituting attacks upon a The Service server, and any unlawful activity. It is the policy of Sierra to co-operate fully in criminal investigations, including, but not limited to, and if permitted by local laws, tracing user Internet Protocol IP addresses and associated personal information, as well as sharing all other user information on file with the proper authorities upon request. 
Sierra reserves the right, in its sole discretion, to suspend the Services or any portion thereof, either temporarily, indefinitely, or permanently at any time, with or without notice. Further, Sierra reserves the right to terminate the Service at any time without further obligation to you. IF THE SERVICE OR YOUR ACCOUNT IS TERMINATED OR CANCELLED AT ANY TIME FOR ANY REASON, YOU AGREE TO THE FOLLOWING: (1) YOU WILL NOT BE ENTITLED TO ANY DAMAGES OR LOSSES; (2) YOU WILL LOSE ANY ONLINE DATA (AS DEFINED BELOW) DEVELOPED OR ACCUMULATED AND YOU WILL NOT HAVE THE RIGHT TO TRANSFER, SELL OR ASSIGN ANY ONLINE DATA TO ANYONE ELSE; (3) YOU MAY NOT ACCESS THE SERVICE IN ANY MANNER OR FOR ANY REASON, INCLUDING VIA ANY OTHER ACCOUNT. IN THE EVENT THAT AN ACCOUNT IS TERMINATED, SIERRA MAY TERMINATE ANY AND ALL OTHER ACCOUNTS THAT SHARE THE ACCOUNT NAME, USER ID OR HANDLE NAME, EMAIL ADDRESS, INTERNET PROTOCOL ADDRESS OR CD KEY WITH THE TERMINATED ACCOUNT.

9. Acknowledgments. You hereby acknowledge that (i) You assume the cost of all telephone charges, necessary servicing, repair, or correction for connecting to The Service; (ii) the materials in this site and/or the Service are provided "as is" and without warranties of any kind, either express or implied, including, but not limited to, warranties of accuracy, reliability, merchantability, fitness for a particular purpose, and non-infringement; (iii) that as part of your registration process and in consideration for the privilege of accessing The Service and if permitted by local laws Sierra has the right to send your computer one or more "cookies" without any further notice to you (these cookies only retain your user preferences) and, Sierra has the right to obtain certain identification information about your computer and its operating system, including the identification numbers of your hard drives, central processing unit, IP addresses, and operating systems for identification purposes; (iv) that, if permitted by local law, Sierra has the right to obtain "non-personal" data from your Internet browsing software in order to make certain demographic assumptions regarding the users of The Service without any further notice to you (v) Sierra does not warrant that The Service will be uninterrupted or error-free, that defects will be corrected, or that this site and/or the Service or the server are free of viruses or other harmful components; (vi) you may not be able to access The Service whenever you want, and there may be extended periods of time where you cannot access The Service; (vii) Sierra shall not be held liable for any delay or failure to perform resulting from causes outside the reasonable control of Sierra; (viii) as certain games played on The Service require electronic files, including, but not limited to, player characters, accounts, statistics, user profiles, weapons, armor, quests, and maps ("Online Data"), be stored upon The Service for Your use when utilizing The Service to play these games online, You hereby agree and acknowledge that Sierra shall not have any liability to You for the loss of Online Data for any reason whatsoever, including, but not limited to, server failure, telephonic interruptions of any kind, defects, viruses or other harmful components, and negligent acts of Sierra and/or its affiliates; (ix) you may not use "Duplicated Characters" and/or "Duplicated Items" on The Service, including, but not limited to, weapons, armor, rings, amulets, stones, staves, etc., that were created by exploiting a slow connection or "lag," programming error, or any other manner that allows you to utilize "Duplicate Characters" and/or "Duplicated Items" on The Service. In the event that Sierra discovers that you are utilizing such characters and/or items on The Service, you hereby acknowledge that Sierra may, at its sole discretion, delete such characters and/or items from your account on The Service; (x) Sierra reserves the right, at its sole discretion, to modify or delete any information, including, but not limited to, player characters, accounts, statistics, user profiles, and any other information accumulated or uploaded on The Service; (xi) any accounts and their associated information and characters that are inactive for ninety (90) days will be deleted; (xii) any characters you create are done so at your own risk, and Sierra shall not be held liable for the permanent death of said characters under any circumstances, including, but not limited to, disruptions in The Service the Service, lag, defects, errors, or ISP (Internet Service Provider) interruptions; (xiii) Sierra does not warrant The Service or any of the games played over The Service will be free of cheats, hacks, or programming errors that may affect the outcome of games, tournaments, The Service's ladder ranking systems or the general use of The Service; and (xiv) the terms of this Agreement shall extend to anyone that you allow to use your The Service account, user name or player character(s) and that you are personally responsible and liable for the consequences that may result if any such person violates the terms of the Agreement, including, but not limited to, termination of your account and loss of your user names and characters. 

10. Indemnification. Upon request of Sierra, you agree to defend, indemnify and hold harmless Sierra, its parent, subsidiaries, affiliates, licensees, and distributors from all liabilities, claims and expenses, including attorneys' fees arising from breach of The Service Terms of Use by use of, or in connection with, the transmission by, or through your account of any content on The Service. Sierra reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and in such event, you shall have no further obligation to provide indemnification for such matter. 

11. DISCLAIMER OF WARRANTY. THE SERVICE IS PROVIDED TO YOU "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND. SIERRA DOES NOT WARRANT THAT THE PROGRAM WILL BE UNINTERRUPTED OR ERROR FREE. SIERRA DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 

12. Limitation of Liability. NEITHER SIERRA, ITS PARENT, OR AFFILIATES SHALL BE LIABLE IN ANY WAY FOR LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. 

13. Miscellaneous. This agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. Those who choose to access this Site and/or The Service from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable. Software from this Site and/or The Service is further subject to United States export controls. No software from this Site and/or The Service may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein. Sierra may change the terms of this Agreement upon such advance notice, if any, as may be required by law. 
Sierra(r) is a registered trademark of Sierra Entertainment in the U.S. and/or other countries. All rights reserved.

NASCAR Racing 2003 Season online racing game specific terms of use.

All use of this online gaming service ("The Service") is governed and conditioned on your acceptance of the terms of use contained in The Service Terms of Use.  Your use of NASCAR Racing 2003 Season with The Service is subject to the additional terms below.  Your use of The Service constitutes your agreement to all such terms, conditions, and notices. 

Sierra Account Naming Policy
-----------------------------
The guidelines listed below outline the types of names that you may NOT use when creating a Sierra account for The Service:
1. You may not use any names that are hateful, defamatory, racist, ethnically, religiously, politically, or historically offensive, obscene, vulgar, sexually explicit, or any other language that is offensive in nature.
2. You may not use names that refer to illegal substances or that are related to illegal substances.
3. You may not use names that are harassing or defamatory to other players or representatives of Vivendi Universal Games, Sierra, or any of their subsidiaries.
4. You may not use names that imply you are a representative of Vivendi Universal Games, Sierra, or any of their subsidiaries.
5. You may not use misspellings, abbreviations, or alternative spellings of names that violate any of the above rules.

Prohibited Conduct
-------------------
The guidelines listed below outline the types of conduct that are NOT allowed while playing NASCAR Racing 2003 Season online.
1.  You may not intentionally wreck other players, regardless of whether you are the instigator or retaliator.  Please do not intentionally ruin the online play and races.
2.  You may not converse in a manner that is hateful, defamatory, racist, ethnically, religiously, politically or historically offensive, obscene, vulgar, sexually explicit, or use any other language that is offensive in nature.  This includes use of misspellings, abbreviations, or alternate spellings.  You may not harass, threaten, stalk, etc.
3.  You may not alter and/or hack game executable(s) and/or game data files, or use any third party software to modify Sierra.com and/or NASCAR Racing 2003 Season, including without limitation, for the purpose of gaining an unfair advantage over other users and violating the spirit of fair play.
 
Any account names that violate the above rules may be disabled without warning.  User accounts may be permanently terminated for violations of these terms and conditions without any warning or notification to you at the sole discretion of Sierra.  Repeated violations may result in suspension of privileges in The Service.  Thank you and have fun.
