|
insured hosts, owns, or over which the
<br />insured exercises control.
<br />I. Unauthorized Use Of Another's Name Or
<br />Product
<br />"Personal and advertising injury" arising out of
<br />the unauthorized use of another's name or
<br />product in your e-mail address, domain name
<br />or metatags, or any other similar tactics to
<br />mislead another's potential customers.
<br />m. Pollution
<br />"Personal and advertising injury" arising out of
<br />the actual, alleged or threatened discharge,
<br />dispersal, seepage, migration, release or
<br />escape of "pollutants" at any time.
<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
<br />any way respond to, or assess the effects
<br />of, "pollutants"; or
<br />(2) Claim or suit by or on behalf of a
<br />governmental authority for damages
<br />because of testing for, monitoring,
<br />cleaning up, removing, containing,
<br />treating, detoxifying or neutralizing, or in
<br />any way responding to, or assessing the
<br />effects of, "pollutants".
<br />o. War
<br />"Personal and advertising injury", however
<br />caused, arising, directly or indirectly, out of:
<br />(1) War, including undeclared or civil war;
<br />(2) Warlike action by a military force, including
<br />action in hindering or defending against an
<br />actual or expected attack, by any
<br />government, sovereign or other authority
<br />using military personnel or other agents;
<br />or
<br />(3) Insurrection, rebellion, revolution, usurped
<br />power, or action taken by governmental
<br />authority in hindering or defending against
<br />any of these.
<br />p. Internet Advertisements And Content Of
<br />Others
<br />"Personal and advertising injury" arising out
<br />of:
<br />(1) An "advertisement" for others on your web
<br />site;
<br />(2) Placing a link to a web site of others on
<br />your web site;
<br />(3) Content, including information, sounds,
<br />text, graphics, or images from a web site
<br />of others displayed within a frame or
<br />border on your web site; or
<br />(4) Computer code, software or programming
<br />used to enable:
<br />(a) Your web site; or
<br />(b) The presentation or functionality of an
<br />"advertisement" or other content on
<br />your web site.
<br />q. Right Of Privacy Created By Statute
<br />"Personal and advertising injury" arising out of
<br />the violation of a person's right of privacy
<br />created by any state or federal act.
<br />However, this exclusion does not apply to
<br />liability for damages that the insured would
<br />have in the absence of such state or federal
<br />act.
<br />r. Violation Of Anti -Trust law
<br />"Personal and advertising injury" arising out of
<br />a violation of any anti-trust law.
<br />s. Securities
<br />"Personal and advertising injury" arising out of
<br />the fluctuation in price or value of any stocks,
<br />bonds or other securities.
<br />t. Recording And Distribution Of Material Or
<br />Information In Violation Of Law
<br />"Personal and advertising injury" arising
<br />directly or indirectly out of any action or
<br />omission that violates or is alleged to violate:
<br />(1) The Telephone Consumer Protection Act
<br />(TCPA), including any amendment of or
<br />addition to such law;
<br />(2) The CAN -SPAM Act of 2003, including
<br />any amendment of or addition to such law;
<br />(3) The Fair Credit Reporting Act (FCRA), and
<br />any amendment of or addition to such law,
<br />including the Fair and Accurate Credit
<br />Transaction Act (FACTA); or
<br />(4) Any federal, state or local statute,
<br />ordinance or regulation, other than the
<br />TCPA or CAN -SPAM Act of 2003 or FCRA
<br />and their amendments and additions, that
<br />addresses, prohibits or limits the printing,
<br />dissemination, disposal, collecting,
<br />recording, sending, transmitting,
<br />communicating or distribution of material
<br />or information.
<br />u. Employment -Related Practices
<br />"Personal and advertising injury" to:
<br />(1) A person arising out of any "employment-
<br />related practices"; or
<br />(2) The spouse, child, parent, brother or sister
<br />of that person as a consequence of
<br />"personal and advertising injury" to that
<br />person at whom any "employment-related
<br />practices" are directed.
<br />Page 8 of 21 HG 00 01 09 16
<br />
|