PORT NEWARK CONTAINER TERMINAL L.L.C.
WEBSITE TERMS OF USE
(Revised February 6, 2006)

NOTE: BY USING THIS WEBSITE, YOU WILL BE ACCEPTING THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, DO NOT USE THIS WEBSITE.

Disclaimer:
Although every effort has been made to ensure the accuracy of the information provided in report and inquiry results, we are dependent on information from our customers and other sources and there are occasionally sudden changes (real-time) over which we have no control. PNCT, therefore, accepts no responsibility for any inaccuracies, errors, or omissions contained in the report and inquiry results.

This Website (the "Website") is operated by Port Newark Container Terminal L.L.C. (PNCT) or one of its affiliates. PNCT is located at 241 Calcutta Street, Port Newark, NJ 07114 Telephone: 973-522-2200 Fax: 973-465-8827.

PNCT may from time to time unilaterally amend the Terms of Use by posting the revised language on the Website. The amendment will become effective at the time of such posting. Your continued use of the Website after amendments are posted will constitute acceptance of such amendments. We may at any time modify or discontinue any aspect or component of the Website.

a) Use of Website.

a. Through the Website, PNCT provides information and services to the marine container terminal industry. PNCT grants to you a revocable, nontransferable, nonexclusive license to use the Website solely for your internal purposes and pursuant to these Terms of Use. You may view and download material displayed on the Website, provided that you retain all copyright, trademark and other proprietary notices displayed on the materials. You may not distribute, retransmit, republish, reuse, repost, or use the contents of the Website for purposes of competing with PNCT. Except for the alteration of materials that you post in authorized areas, you may not alter or interfere with the content or functioning of the Website, or "mirror" any content contained on this Website on any other server. If you breach these Terms of Use, your right to use the Website will terminate automatically.

b) Copyrights.

a. All content included on the Website, including text, graphics, logos, button icons, images, audio clips, and software, is the copyrighted property of PNCT or other content suppliers and is protected by U.S. and foreign copyright laws and international conventions. Any unauthorized use of materials on this Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations or statutes. Such content may not be reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the express prior written permission of PNCT or other copyright owner, as the case may be.

b. As a service provider under the Digital Millennium Copyright Act, PNCT is not liable for any direct, vicarious, contributory, or other infringement of copyrights arising out of content included by other users of this Website. If you believe that material included on this Website infringes a copyright, contact us promptly so that we may investigate the situation and, if appropriate, block or remove the material. It is the policy of PNCT to terminate the access of repeat infringers to the Website. Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, PNCT designates an agent for receipt of notifications of claimed copyright infringement as described below:

Legal name and address of service provider:
Port Newark Container Terminal LLC
241 Calcutta Street
Port Newark, NJ, 07114
USA

c) Trademarks.

a. The trademarks, service marks and logos ("Trademarks") used and displayed on this Website are registered and unregistered Trademarks of PNCT and others in the United States and other countries. No display or use of such Trademarks may be made without the express prior written permission of PNCT or other Trademark owner, as the case may be.

b. PNCT is not responsible for infringement of Trademarks arising out of content included by other users of this Website. If you believe that material included on this Website infringes such rights, contact us promptly so that we may investigate the situation and, if appropriate, block or remove the material.

d) Linking, Framing, Bots, and Spiders.

a. The Website may from time to time display links to websites sponsored by third parties. If you click on one of these links or sites, you will be leaving the PNCT Website. PNCT is not responsible for the content or operation of third-party sites reached by virtue of such links, and the presence of such links does not imply that PNCT endorses or is affiliated with such sites or third parties.

b. Third parties are authorized to include active links on websites they control directing a browser to the PNCT Website's "home page" at http://www.pnct.net ; provided, that any use of PNCT trademarks in such links will be subject to PNCT policies regarding trademark usage. PNCT does not authorize "deep linking" to interior pages on the PNCT Website. The PNCT Website may not be linked to in such a way that the pages of the Website are displayed within a frame on a third-party website, or are otherwise displayed on a browser screen accompanied by advertising or other content not found on the PNCT Website. No links to the PNCT Website will imply an endorsement, agency, joint venture, or similar relationship between PNCT and any third party.

c. No user or other third party is authorized to use bots, spiders, or other automated information-gathering devices or programming routines to "mine" information displayed on the Website, for display on or use with a website or service sponsored by a third party.

e) Termination.
In its sole and absolute discretion, PNCT may with or without notice restrict or terminate any person's use of the Website. Any termination of this Agreement will not relieve any person of obligations incurred and accrued prior to the effective date of such termination.

f) Disclaimer of Warranties.

a. The Website and any content or information provided therein is made available on an "as is" and "as available" basis. PNCT does not warrant that the Website or any content or service provided therein will be timely, secure, uninterrupted, or error-free, or that defects in the Website or in any content or service provided therein, if any exist from time to time, will be corrected. PNCT makes no warranty regarding any information made available through or on the Website. PNCT makes no express or implied warranties with respect to the Website, including without limitation warranties of merchantability or fitness for a particular purposes.

b. No PNCT employee or agent is authorized to create any warranty not expressly made herein.

g) Limitation of Liability, etc.

a. In no event shall PNCT or any of its officers, directors, employees or agents be liable for any of the following (collectively referred to as "Injuries"): injuries (including death) or damages to persons or to property, or damages of any other kind, direct, indirect, special, exemplary, incidental, or consequential, including, but not limited to, loss of use, lost profits, lost revenues, loss of data, replacement costs, debt service or rental payments, or damages owing by you to others, whether arising out of contract, tort, strict liability or otherwise, resulting in any way from your access to or use of the Website or any content or services provided therein (whether or not PNCT knew or should have known of the possibility of any such Injuries).

b. You agree to indemnify and hold PNCT harmless from any loss, liability, cost or expense (including, without limitation, attorney's fees) relating in any way to Injuries, whether or not such Injuries are based in whole or in part on the negligence or alleged negligence of PNCT.

c. This Section 7 will apply notwithstanding any other provision of these Terms of Use.

h) Other.

a. PNCT controls and operates this Website from its offices in New Jersey, USA. If you use this Website from other locations you are responsible for compliance with applicable local laws. The Terms of Use will be governed by the substantive laws of the State of New Jersey, as applied to contracts entered into between New Jersey residents and performed in New Jersey, regardless of whether you reside or transact business with PNCT in New Jersey or elsewhere. Use of this Website will be deemed to take place solely in New Jersey. All disputes (other than disputes over ownership of the intellectual property rights) arising out of or in connection with these Terms of Use or your use of the Website will be submitted to arbitration in New Jersey according to the Commercial Arbitration Rules of the American Arbitration Association. The decision of the arbitrator rendered in any dispute will be final and binding upon the parties, and judgment may be entered thereon in any court with appropriate jurisdiction over the parties or their property. In connection with any dispute arising out of or related to these Terms of Use or your use of this Website, the prevailing party will be entitled to its reasonable attorneys' fees and costs, in addition to all other available recovery and relief.

b. If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions.

c. The Terms of Use state the entire agreement between you and PNCT relating to use of the Website, and all prior and contemporaneous agreements and understandings relating to the subject matter hereof are merged herein and superseded hereby. These Terms of Use may not be amended except by PNCT as provided herein.