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					                                      Terms and Conditions

  PLEASE READ THE USER AGREEMENT (the "AGREEMENT" or the "Agreement")
BELOW. BY USING THESE SERVICES, YOU ARE AGREEING TO BE BOUND BY THIS
  AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT,
                        PLEASE EXIT THIS SITE.

By using these Services, you are indicating that you are 18 years old or older, and agree to be
bound by all of the terms in this Agreement. You may print and keep a copy of this Agreement.
Where’s Your Fishbowl, Inc. ("Where’s Your Fishbowl") may change the terms in this
Agreement at any time. When the terms are changed, Where’s Your Fishbowl will notify you by
placing a notice at www.wheresyourfishbowl.com. The changes also will appear in this
document, which you can access at any time by clicking on the "Terms of Service Agreement"
link found on www.wheresyourfishbowl.com. If you do not agree to be bound by the changes,
you should not use the web site again. If you use the web site after notification of a change in the
Agreement, You are deemed to have accepted all of the changes and will be bound by all such
changes, in addition to the terms which have not changed.

   1. Services. Where’s Your Fishbowl will provide you with online email marketing services
      ("the Services") and you agree to use the Services in accordance with the following
      terms and conditions:
          A. Database. The Database consists of customer data which has been obtained by
             Where’s Your Fishbowl as a result of the Services. Customer data includes but is
             not limited to, the customer's name, email address, IP address and birth date
             information.
                 1. Ownership. You retain sole ownership of the Database during the term of
                     this agreement, and grant Where’s Your Fishbowl the right to use the
                     Database to perform its obligations under this Agreement.
                 2. Database Management. Notwithstanding the above, you acknowledge
                     and agree that Where’s Your Fishbowl will wholly manage the Database
                     during the Term of this Agreement. You further agree not to send, either
                     directly or through any third party, any emails to the Database, other than
                     through the Services. You further agree not to disseminate the Database
                     for use by other individuals or vendors during the term of this Agreement,
                     to ensure that opt-in and unsubscribe services are maintained according to
                     industry standards.
          B. List Collection Guidelines. Where’s Your Fishbowl will transmit messages only
             to users who have opted-in to receive messages from you through the Services
             ("Customers"). For purposes of this Agreement, "opt-in" means making an
             affirmative action or statement consenting to receive messages from you though
             the Services. Customers may opt-in by: (i) completing a sign-up form; (ii)
             clicking a "yes" checkbox on a web page, or (iii) providing a business card in a
             receptacle that clearly communicates to the Customer that they are opting to
             receive email communications from you by supplying their business card.
             Where’s Your Fishbowl may refuse to deliver messages to Customers that have
             not, or that Where’s Your Fishbowl reasonably believes have not, opted-in to
           receive messages from you. Where’s Your Fishbowl reserves the right to inspect
           all Point of Purchase (POP) materials and displays regarding the Services to
           ensure that they comply with this Section 1.B.
        C. Federal and State Email Restrictions. You agree not to use the Services to send
           messages which would violate the CAN-SPAM Act of 2003, 15 USC 7701 et
           seq., or its regulations, and/or the Children's Online Privacy Protection
           Act(COPPA), 15 USC 6501 et seq., or its regulations, as each of these laws may
           be amended from time to time. You further agree not to use the Services to send
           messages which would violate any state's anti-SPAM or Child Protection Registry
           laws or regulations, (e.g. Utah and Michigan's Child Protection Registry laws) as
           such laws may be enacted or amended from time to time. Where’s Your Fishbowl
           will make every attempt to inform you of new state laws and regulations as they
           are enacted, but it is your sole responsibility to seek the advice of your own legal
           counsel to ensure that your use of the Services does not violate any state law. You
           shall be solely responsible for any fees (e.g. monthly list cleansing fees) related to
           compliance with any state's anti-SPAM or Child Protection Registry laws and
           regulations. You further agree to notify Where’s Your Fishbowl of all complaints
           regarding e-mail messages within 48 hours of receipt of such complaints.
        D. Changes in Technology. Where’s Your Fishbowl reserves the right to upgrade,
           add and modify software, databases and proprietary programming and code used
           to provide the Services as Where’s Your Fishbowl deems necessary in its sole
           discretion.
2. Legal. All text, software (including source and object codes), visual, oral or other digital
   material, photographs, information, data, graphics and all other content of any description
   available on the Web Site, or included in the Services (collectively, the "Content"), and
   all copyrights, trade marks, service marks, patents, patent registration rights, trade
   secrets, know-how, database rights, and all other rights in or relating to the Content
   (collectively, the "Intellectual Property") are owned by Where’s Your Fishbowl or its
   licensors, and are protected by copyrights, trademarks, service marks, international
   treaties or other proprietary rights and laws of the United States of America ("U.S.").
        A. The Services are also protected as a collective work or compilation under U.S.
           copyright and other laws and treaties.
        B. You may only use the Content, Services, or Intellectual Property, or access the
           Web Site, as expressly permitted in this Agreement and for no other purposes.
        C. Except as expressly provided in this Agreement, nothing contained herein shall be
           construed as conferring upon you any license or right, by implication, estoppel or
           otherwise, under copyright or other intellectual property rights, laws or treaties.
        D. Furthermore, you may not use any of Where’s Your Fishbowl's trademarks, trade
           names or service marks in any manner which creates the impression that such
           names and marks belong to, or are associated with, you or are used with Where’s
           Your Fishbowl's consent, and you acknowledge that you have no ownership rights
           in and to any of these names and marks.
        E. All present and future rights in, and title to, the Services (including the right to
           exploit the Services and any portions of the Services over any present or future
           technology) are reserved to Where’s Your Fishbowl for its exclusive use.
3. Grant of License. As a User of the Services, Where’s Your Fishbowl grants you a
   personal, nonexclusive, nontransferable, non-assignable, revocable, limited license to
   access and use the Services as specified in this Agreement.
4. Limitations on Use. You may not use the Service or the Content for any illegal purpose
   or in any manner inconsistent with this Agreement.
       A. The Content on this Web Site is for personal, non-commercial use only and not
           for commercial exploitation.
       B. No hard copy or electronic duplication, transmission, redistribution, or publication
           of any Content is allowed other than in conjunction with your personal, non-
           commercial use, and you may not use or include any Content in any other print or
           electronic publication or service.
       C. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell,
           sublicense, or create derivative works from the Web Site or the Content, nor may
           you use any network monitoring or discovery software to determine the site
           architecture, or extract information about usage or users.
       D. You may not use any robot, spider, other automatic device, or manual process to
           monitor or copy the Web Site or the Content without Company's prior written
           permission.
       E. You may not copy, modify, reproduce, download, republish, distribute, display, or
           transmit for commercial, non-profit or public purposes all or any portion of the
           Web Site or the Content, except to the extent permitted in this Agreement.
       F. You may not upload to the Web Site any data, material, code, virus, or any other
           digital information that is intended to, or has the effect of, rendering all or parts of
           the Web Site or the Content ineffective, unavailable, or unusable, or which uses,
           or attempts to use, the Web Site for any purpose not intended by the Company.
       G. You may not use or otherwise export or re-export the Web Site or any portion
           thereof, or the Content or any software available on or through the Web Site, in
           violation of the export control laws and regulations of the United States of
           America or any other country in which you may be using the Web Site.
       H. You shall not alter or remove any trademark, copyright or other notice from any
           copies of the Content.
       I. You may not sublicense, assign or transfer this license.
       J. Any unauthorized use of the Web Site, Service or Content is prohibited.
       K. Your violation of any of the foregoing provisions may result in civil or criminal
           liability.
       L. Requests regarding use of the Web Site, Service or Content for any purpose other
           than personal, non-commercial use should be directed to
           info@wheresyourfishbowl.com.
5. User Conduct. You are solely responsible for your information and warrant that you
   have all legal rights and licenses necessary for you to comply with Section 3.
       A. In connection with the Services and Content, You shall not use the Services to
           send emails which:
               1. infringe on the intellectual property rights or privacy/publicity rights of
                    any third party;
               2. violate any law or regulation;
               3. are defamatory, harmful to minors, or obscene;
                  4. contain any viruses or other computer programming routines or code that
                     are intended to damage, detrimentally interfere with, surreptitiously
                     intercept or appropriate any system, data, or personal information; or
                  5. are materially false or misleading.
        B. You shall not use the Services to send emails, the subject lines of which are
             misleading in any way as to their nature, and shall ensure that the subject lines of
             all emails sent or proposed to be sent accurately reflect the content of such emails.
        C. You shall notify Where’s Your Fishbowl of all complaints regarding emails
             within 48 hours of receipt of such complaints.
6. Linking. Where’s Your Fishbowl does not control the content of the web sites of third
    parties and is not responsible for any representations, advice or other assistance, or any
    errors or inaccuracies contained therein, that is shown on those web pages, or otherwise
    provided to Users or obtained from the third parties who own such web sites.
7. Third Party Content. Third party content may appear on this Web Site or may be
    accessible via links from this Web Site. Where’s Your Fishbowl is not responsible for,
    and assumes no liability for, any mistakes, misstatements of law, defamation, slander,
    libel, omissions, falsehood, obscenity, pornography or profanity in the statements,
    opinions, representations or any other form of content contained in any third party
    content appearing on the Web Site. You understand that the information and opinions in
    the third party content is neither endorsed by, nor does it reflect the belief of, Where’s
    Your Fishbowl. User hereby irrevocably waives any claim against Where’s Your
    Fishbowl in connection with any of the foregoing.
8. Restrictions on Linking and Framing Activities. Where’s Your Fishbowl is concerned
    about the integrity of the Web Site when it is accessed in a manner solely determined by
    third parties or viewed in a setting solely created by third parties. Specifically, Where’s
    Your Fishbowl is concerned with activities such as linking to an internal or subsidiary
    page of the Web Site that is located one or several levels down from the Home Page
    ("deep linking" or "deep link"), or bringing up or presenting content of the Web Site
    within another Web site ("framing" or "frame"). In this regard, without limiting the
    provisions contained in this Agreement, You must make a specific request for, and secure
    permission from, Where’s Your Fishbowl prior to deep linking to, or framing, this Web
    site or any of its content, or engaging in similar activities. If you would like to deep link
    to, or frame, this Web site, or any of its Content, You must request permission from
    Where’s Your Fishbowl by writing to info@wheresyourfishbowl.com.
9. Errors and Corrections. Where’s Your Fishbowl does not represent or warrant that the
    Web Site will be error-free, free of viruses or other harmful components, or that defects
    will be corrected; however, it will make reasonable efforts to correct any such problems
    if notified by a User. Such notice, with as much detail as possible, should be sent to info
    @wheresyourfishbowl.com. Where’s Your Fishbowl does not warrant or represent that
    the Content will be correct, accurate, timely, or otherwise reliable. However, Where’s
    Your Fishbowl will make reasonable efforts to correct errors or problems if notified in
    writing about the error or problem. Notice of such problems, with as much detail as
    possible, should be sent to info@wheresyourfishbowl.com. Where’s Your Fishbowl may
    make improvements or changes to its features, functionality or Content at any time.
10. DISCLAIMER. THE WEB SITE IS PROVIDED ON AN "AS IS" BASIS. WHERE’S
    YOUR FISHBOWL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND,
    EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE
    WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY,
    FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, ACCURACY OR
    INTEGRATION AND ANY WARRANTIES ARISING OUT OF COURSE OF
    DEALING OR COURSE OF PERFORMANCE.
11. Warranties.
       A. Internet. You acknowledge that Where’s Your Fishbowl provides the Services
          through the Internet to the extent commercially reasonable, and subject to outages
          and communication and data flow failures, interruptions and delays inherent in
          Internet communications. You and your customers are responsible for acquiring
          and maintaining access to the Internet in order to access and use the Services.
          Where’s Your Fishbowl acknowledges that problems with the Internet, including
          equipment, software or network failures, impairments or congestion, or the
          configuration of Where’s Your Fishbowl's or your or a customer's system, may
          prevent, interrupt or delay the Services. Where’s Your Fishbowl will not be liable
          for any such delay, interruption, suspension or unavailability of email and web-
          based Services.
       B. Emails. You understand and agree that Where’s Your Fishbowl is not responsible
          for undelivered emails or for emails that do not appear in a customer's email
          window as previewed. You understand and agree that once emails are approved
          for delivery, you may not rescind or otherwise interrupt delivery of the emails.
       C. Maintenance. You and your customers acknowledge that unforeseen downtime
          and unscheduled remedial maintenance of Where’s Your Fishbowl's equipment,
          software and Internet access may interrupt the Services. Where’s Your Fishbowl
          will use reasonable efforts to minimize the duration and impact of any such
          occurrence on access to or use of the Services.
       D. Disclaimer. THE FOREGOING WARRANTIES ARE MADE IN LIEU OF ALL
          OTHER WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT
          LIMITATION, ANY IMPLIED WARRANTIES OF TITLE,
          MERCHANTABILITY, INTEGRATION, PERFORMANCE, FITNESS FOR A
          PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT, AND
          ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE OF
          TRADE OR COURSE OF PERFORMANCE, ALL OF WHICH ARE
          EXPRESSLY DISCLAIMED. WHERE’S YOUR FISHBOWL DOES NOT
          WARRANT THAT THE OPERATION OF, ACCESS TO OR USE OF ALL OR
          ANY PART OF THE SERVICES OR THE EQUIPMENT WILL BE
          CONTINUOUS, UNINTERRUPTED OR ERROR FREE, THAT THE
          RESULTS ARISING OUT OF THE SERVICES OR THE USE OF THE
          EQUIPMENT WILL BE ACCURATE, COMPLETE OR ERROR FREE.
       E. Remedy. IF THE RESULTS OBTAINED FROM THE SERVICES ARE
          INACCURATE, INCOMPLETE OR ERRONEOUS DUE TO THE FAULT OF
          WHERE’S YOUR FISHBOWL, WHERE’S YOUR FISHBOWL'S SOLE
          OBLIGATION WILL BE TO REPERFORM THE SERVICES AT NO
          ADDITIONAL CHARGE.
12. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL WHERE’S
    YOUR FISHBOWL BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR
    DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE WEB SITE.
    WHERE’S YOUR FISHBOWL DISCLAIMS ALL RESPONSIBILITY FOR ANY
    LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND, INCLUDING
    INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE
    DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, ATTORNEYS'
    FEES AND EXPENSES) RESULTING FROM, ARISING OUT OF OR IN ANY WAY
    RELATED TO THE SERVICE, WEB SITE, CONTENT OR THIRD PARTY
    MATERIALS THEREIN INCLUDING, WITHOUT LIMITATION (A) ANY ERRORS
    IN, OR OMISSIONS FROM, THE WEB SITE AND THE CONTENT INCLUDING,
    BUT NOT LIMITED TO, TECHNICAL INACCURACIES, TRANSLATIONS, AND
    TYPOGRAPHICAL ERRORS; (B) ANY THIRD PARTY WEB SITES OR CONTENT
    THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THE
    WEB SITE INCLUDING, BUT NOT LIMITED TO, ANY ERRORS IN OR
    OMISSIONS THEREFROM; (C) THE UNAVAILABILITY OF THE WEB SITE OR
    ANY PORTION THEREOF; (D) YOUR USE OF, OR INABILITY TO USE, THE WEB
    SITE; (E) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION
    WITH THE WEB SITE; OR (F) ANY COMPUTER VIRUSES, "WORMS," OR
    "TROJAN HORSES," ANY OTHER TYPE OF DESTRUCTIVE OR MALICIOUS
    COMPUTER CODE (BY WHATEVER NAME IT IS CALLED), OR ANY
    UNAUTHORIZED COMPUTER CODE WHICH IS ATTACHED TO, OR MADE A
    PART OF, THE WEB SITE BY ANY PERSON, GROUP, OR ORGANIZATION. TO
    THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED,
    WHERE’S YOUR FISHBOWL'S SOLE OBLIGATION TO YOU FOR DAMAGES
    SHALL BE LIMITED TO FIFTY DOLLARS ($50).
13. Unlawful Activity. Where’s Your Fishbowl reserves the right to investigate complaints
    or reported violations of the Agreement and to take any action Where’s Your Fishbowl
    deems appropriate including, but not limited to, reporting any suspected unlawful activity
    to law enforcement officials, regulators, or other third parties and disclosing any
    information necessary or appropriate to such persons or entities relating to User profiles,
    email addresses, usage history, posted materials, IP addresses and traffic information.
14. Authorized Third Parties. Where’s Your Fishbowl reserves the right to allow third
    parties to provide any necessary services to Where’s Your Fishbowl and/or to Users to
    enable Where’s Your Fishbowl to provide the Service.
15. Remedies for Violations. Where’s Your Fishbowl reserves the right to seek any and all
    remedies available at law and in equity for violations of this Agreement including, but
    not limited to, the right to block access from a particular Internet address to the Web Site.
16. Governing Law and Jurisdiction. This Agreement will be governed by the laws of the
    Commonwealth of Virginia, without regard to any provision of Virginia law that would
    require or permit the application of the substantive law of any other jurisdiction. You
    agree to submit to the exclusive jurisdiction of the courts of Fairfax County, Virginia and
    the U.S. District Court for the Eastern District of Virginia, Alexandria Division.
17. Access outside the United States. Where’s Your Fishbowl does not represent that the
    Content, Service or the Web Site are appropriate or available for use in countries outside
    the U.S. If you choose to access the Web Site from outside the U.S., you are responsible
    for compliance with foreign and local laws, if applicable.
   18. Privacy. Your use of the Web Site is subject to Where’s Your Fishbowl's Privacy Policy,
       available through this link and from any page on the Web Site.
   19. Severability of Provisions. This Agreement incorporates by reference the Privacy
       Policy, and together they constitute the entire agreement with respect to access to, and
       use of, the Web Site. If any provision of this Agreement is unlawful, void or
       unenforceable, then that provision shall be deemed severable from the remaining
       provisions and shall not affect their validity and enforceability.
   20. Modifications to this Agreement. Where’s Your Fishbowl reserves the right to change
       this Agreement at any time. Updated versions of the Agreement will appear on the Web
       Site and are effective immediately. You are responsible for regularly reviewing the
       Agreement. Continued use of the Web Site after any such changes constitutes your
       consent to such changes.
   21. Headings. The section titles in the Agreement are used solely for the convenience of you
       and Where’s Your Fishbowl, and they have no legal or contractual significance.
   22. Survival. Notwithstanding any other provisions of this Agreement, or any general legal
       principles to the contrary, any provision of this Agreement that imposes or contemplates
       continuing obligations on a party will survive the expiration or termination of this
       Agreement.

YOU CONFIRM YOUR AGREEMENT TO VOLUNTARILY USE THE SERVICE AND
ACCESS THE CONTENT SUBJECT TO THE TERMS AND CONDITIONS OF THIS
AGREEMENT BY USING THIS WEB SITE. IF YOU DO NOT AGREE TO THE TERMS OF
THIS AGREEMENT, PLEASE EXIT THIS WEB SITE.

Last Updated: August 1, 2009

				
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