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i. Infringement Of Copyright, Patent,
<br />Trademark Or Trade Secret
<br />"Personal and advertising injury" arising out of
<br />the infringement of copyright, patent, trade-
<br />mark, trade secret or other intellectual prop-
<br />erty rights. Under this exclusion, such other
<br />intellectual property rights do not include
<br />the use of another's advertising idea in your
<br />"advertisement".
<br />However, this exclusion does not apply to in-
<br />fringement, in your "advertisement", of copy-
<br />right, trade dress or slogan.
<br />j. Insureds In Media And Internet Type
<br />Businesses
<br />"Personal and advertising injury" committed by
<br />an insured whose business is:
<br />(1) Advertising, broadcasting, publishing or
<br />telecasting;
<br />(2) Designing or determining content of web
<br />sites for others; or
<br />(3) An Internet search, access, content or
<br />service provider.
<br />However, this exclusion does not apply to
<br />Paragraphs 14.a., b. and c. of "personal
<br />and advertising injury" under the Definitions
<br />section.
<br />For the purposes of this exclusion, the placing
<br />of frames, borders or links, or advertising, for
<br />you or others anywhere on the Internet, is not
<br />by itself, considered the business of advertis-
<br />ing, broadcasting, publishing ortelecasting.
<br />k. Electronic Chatrooms Or Bulletin Boards
<br />"Personal and advertising injury" arising out of
<br />an electronic chatroom or bulletin board the in-
<br />sured hosts, owns, or over which the insured
<br />exercises control.
<br />I. Unauthorized Use OfAnother'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 metatag, or any other similar tactics to mis-
<br />lead 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 es-
<br />cape 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 govern-
<br />mental authority for damages because of
<br />testing for, monitoring, cleaning up, re-
<br />moving, containing, treating, detoxifying or
<br />neutralizing, or in any way responding to,
<br />or assessing the 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 govern-
<br />ment, sovereign or other authority using
<br />military personnel or other agents; 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. Recording And Distribution Of Material Or
<br />Information In Violation Of Law
<br />"Personal and advertising injury" arising di-
<br />rectly or indirectly out of any action or omis-
<br />sion 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 any
<br />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 />Transactions Act (FACTA); or
<br />(4) Any federal, state or local statute, ordi-
<br />nance or regulation, other than the TCPA,
<br />CAN-SPAM Act of 2003 or FCRA and
<br />their amendments and additions, that
<br />addresses, prohibits, or limits the print-
<br />ing, dissemination, disposal, collecting,
<br />recording, sending, transmitting, com-
<br />municating or distribution of material or
<br />information.
<br />CG 00 01 0413 Copyright, Insurance Services Office, Inc., 2012
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