MESSAGEREMIND TERMS AND SERVICE AGREEMENT

MessageRemind ("MessageRemind") shall provide reminder products and services ("the MessageRemind Service") to you ("User") under the terms and conditions of this MessageRemind User Agreement ("the Agreement"). USER UNDERSTANDS AND ACKNOWLEDGES THAT USER IS ENTERING INTO AN AGREEMENT WITH MESSAGEREMIND AND NOT THE WEB SITE WITH WHOM MESSAGEREMIND HAS ASSOCIATED TO BRING YOU THIS SERVICE. BY COMPLETING THE REGISTRATION PROCESS YOU ARE AGREEING TO BECOME A PARTY TO THIS AGREEMENT WITH MESSAGEREMIND AND TO THE TERMS AND CONDITIONS HEREIN AND ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ANY APPLICABLE ASSOCIATE STATEMENT ACCESSIBLE FROM THE LOGIN PAGE OF THIS E-MAIL SITE. PERSONS UNDER 13 MAY NOT SIGN UP FOR THE MESSAGEREMIND SERVICE AT THIS TIME.

Title, ownership rights, and intellectual property rights in all content and material that is part of, contained in, or accessed through the MessageRemind Service, and provided by either MessageRemind or sponsors or any other content provider shall remain the sole property of MessageRemind and/or its sponsors or any other content provider. User acknowledges and agrees that certain college, university, team, celebrity or business names contained within MessageRemind E-mail addresses may represent protected trademarks and service marks. Such content and materials are protected by the copyrights, trademark, service mark and patent laws and treaties.

User agrees to indemnify and hold MessageRemind and its licensors, parents, subsidiaries, affiliates, network partner sites, officers and employees ("Affiliated Parties"), harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of User's use of the MessageRemind Service, the violation of the Agreement by User, or the infringement by User, or by any other user of the MessageRemind Service using User's computer, of any intellectual property or other right of any person or entity, or as a result of any threatening, libelous, obscene, harassing or offensive material contained in any User communications.

Disclaimer of Warranty

MESSAGEREMIND EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE MESSAGEREMIND SERVICE. THE MESSAGEREMIND SERVICE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE ENTIRE RISK AS TO THE PERFORMANCE OF, OR ARISING OUT OF THE USE OF THE MESSAGEREMIND SERVICE IS BORNE BY USER. MESSAGEREMIND MAKES NO WARRANTY REGARDING ANY GOODS, INFORMATION OR SERVICES PURCHASED OR OBTAINED THROUGH THE USE OF THE MESSAGEREMIND SERVICE. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO USER AND USER MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION.

Limitation of Liability

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL MESSAGEREMIND OR ITS LICENSORS OR RESELLERS BE LIABLE TO USER OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM THE USE OF OR THE INABILITY TO USE THE MESSAGEREMIND SERVICE, THE PERFORMANCE OF MESSAGEREMIND SERVICE, OR DAMAGES FOR LOSS OF GOODWILL, BUSINESS PROFIT, BUSINESS STOPPAGE, LOSS OF DATA OR BUSINESS INFORMATION, COMPUTER DAMAGE, OR DAMAGES RESULTING FROM UNAUTHORIZED ACCESS TO OR CHANGES MADE TO USER'S TRANSMISSIONS OR DATA, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL MESSAGEREMIND BE LIABLE FOR ANY DAMAGES IN EXCESS OF WHAT MESSAGEREMIND RECEIVED FROM USER FOR THE MESSAGEREMIND SERVICE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO USER.

Delivery

MessageRemind assumes no responsibility for the deletion or failure to store, deliver or timely deliver messages. Without limiting the foregoing sentence, MessageRemind may, from time to time and without notice, set limit(s) on the number of messages a member may send, store, or receive through the service, and MessageRemind retains the right to delete any messages above or below such limit(s) as well as to deactivate any account which is over such limit(s) without any liability whatsoever, and User hereby releases MessageRemind from any such liability. Any notice provided by MessageRemind to Users in connection with such limit(s) shall not create any obligation to provide future notification regarding any change(s) to such limit(s).

Modification

MessageRemind reserves the right to modify the MessageRemind Service as described in the Agreement and on the site, and to change the terms and conditions of the Agreement at any time, without notice. Continued use of the MessageRemind Service after such modifications shall be deemed an acceptance by the User to be bound by the terms of the modified Agreement.

Termination

MessageRemind Service may be terminated for any reason, in whole or in part, effective immediately, by either MessageRemind at any time without notice and without any liability whatsoever, and User hereby releases MessageRemind from any such liability. Upon termination, User's right to use the MessageRemind Service immediately ceases, and MessageRemind is not obligated to forward any unread or unsent messages to User or any third party. MessageRemind shall not be liable to User or any third party for termination of the MessageRemind Service. In the case of a terminated paid MessageRemind Service ("Premium Service"), upon written request to MessageRemind, User shall receive at MessageRemind's option, either i) reimbursement of the pro-rata portion of the amount paid for the period remaining on User's account for the terminated Premium Service; or ii) credit for another Premium Service equivalent to the pro-rata portion of the amount paid for the period remaining on User's account for the terminated Premium Service. There shall be no reimbursement or credit if the MessageRemind Service is terminated due to User's violation of the terms of this Agreement. MessageRemind reserves the right to terminate User's E-mail address in the event that MessageRemind's rights to use certain domain names or E-mail addresses terminate or expire. In addition, MessageRemind retains the right, at MessageRemind's sole discretion, to terminate any and all parts of the MessageRemind Service provided to User, without refunding User for any annual fees paid but not yet accrued, if it determines that User has failed to comply with any of the terms of the Acceptable Use Policy. If MessageRemind determines that User has failed to comply with any of the terms of the Acceptable Use Policy above, MessageRemind shall, if and when it deems it appropriate, (1) facilitate criminal prosecution against such User by referring User's spamming activity to the appropriate legal authorities, and (2) bring a civil action against such User, who shall be liable to MessageRemind for any direct, indirect, special, incidental, or consequential damages incurred by MessageRemind as a result of User's spamming or other prohibited activity.

MessageRemind exercises no control over the content of the information passing through its networks.

MessageRemind makes no warranties of any kind, whether expressed or implied, for the service it is providing. MessageRemind also disclaims any warranty of merchantability or fitness for a particular purpose. MessageRemind will not be responsible for any damages you suffer. This includes loss of data resulting from delays, non-deliveries, mis-deliveries, or service interruptions caused by its own negligence or your errors or omissions, or due to inadvertent release or disclosure of information sent by you.

MessageRemind Services and all other services provided may only be used for lawful purposes. Transmission or storage of any information, data, or material in violation of any US Federal or state regulation or law is prohibited. This includes, but is not limited to: copyrighted material, material legally judged threatening or obscene, or material protected by trade secret. You agree to indemnify and hold harmless MessageRemind from any claims resulting from your use of the service that damages you or another party or parties.

Any access to other networks connected to the MessageRemind Service must comply with the rules for that other network.

Use of any information obtained via the MessageRemind Service is at your own risk. MessageRemind specifically denies any responsibility for the accuracy or quality of information obtained through its services.

The right to use the MessageRemind Service is not transferable.

MessageRemind reserves the right to suspend, restrict, or terminate your access to MessageRemind Service for any reason, including in particular if your use of MessageRemind causes or is likely to cause the whole or part of the MessageRemind Service to be interrupted, damaged, rendered less efficient or in any way impaired.

MessageRemind reserves the right to change prices and institute new fees. MessageRemind will announce price changes at www.messageremind.com , or via e-mail or conventional mail at least 30 days before change occurs.

Billing begins the day your account is created (usually the same day you submit a completed Application). You are responsible for paying for your account, regardless of how much you use it, until the account is terminated. Credit Cards (Visa,MasterCard, American Express) are the preferred payment method for individual accounts. Credit cards are billed monthly, quarterly, or annually. Should MessageRemind encounter difficulty billing a credit card, MessageRemind may deny access to the account without notice until the problem is resolved.

The subscriber must notify MessageRemind to cancel their service.

Billing and Payments

For accounts with approved credit with MessageRemind, payment is due upon receipt of invoice. Accounts are in default if payment is not received prior to service renewal date. If your payment is returned by your bank to MessageRemind you are immediately in default and subject to a returned check charge of $20 plus any bank charges. Accounts unpaid prior to the date of renewal will be disconnected. Such disconnection does not relieve you from the obligation to pay the monthly account charge. Only a written request to terminate your service relieves you of your obligation to pay the monthly account charge. Accounts in default are subject to an interest charge of 1.5% per month. If you default, you agree to pay MessageRemind its reasonable expenses, including attorney and collection agency fees, incurred in enforcing its rights under these Terms and Conditions. An act of default accelerates payments to be due immediately, as credit is no longer being extended. If your account is disconnected for non-payment or for violations of any terms and conditions, you will be required to pay for monthly service in advance.

MessageRemind requires 30 days notification prior to disconnect. Partial month refunds will not be issued.

Refunds for cancellation of prepaid months in excess of 30 days will be prorated on current effective monthly rate.

MessageRemind has the right to delete all data, files or other information that is stored in your account if your account is terminated for any reason by you or MessageRemind.

These Terms and Conditions supersede all previous representations, understandings or agreements and shall prevail notwithstanding any variance with terms and conditions of any order submitted. MessageRemind reserves the right to change rates and otherwise modify these Terms and Conditions by notifying you 30 days in advance of the effective date of the change.

The resale of MessageRemind's Internet Service or any other associated services by any and all means is strictly prohibited unless approved in advance by MessageRemind.

MessageRemind is not responsible for any down time or service interruptions due to Telephone line conditions, cell phone service, computer, or modem difficulties.

Use of MessageRemind Services constitutes acceptance of these Terms and Conditions.

Disputes must be received no later than 30 days from the bill date.

MESSAGEREMIND ACCEPTABLE USE POLICY

This Acceptable Use Policy was written to keep MessageRemind and the Internet useful for all our subscribers. Violation of this Policy may result in suspension or cancellation of MessageRemind services.

MessageRemind does not monitor or exercise editorial control over the content of any message, appointment, email, or other information accessible through MessageRemind. MessageRemind does, however, reserve the right to remove any materials MessageRemind becomes aware of that are, in MessageRemind's sole discretion, potentially illegal, could subject MessageRemind to liability, or violate this Policy.

MessageRemind collects personal information when you register with MessageRemind or when you use MessageRemind products or services. Once you register with MessageRemind and sign in to our services, you are not anonymous to us. All information provided by you is considered private. MessageRemind will not rent, sell, or share information about you, your messages, or your customers with other people or companies.