EmailMarketing
SITE OWNER AGREEMENT AND SOFTWARE LICENSE TERMS

Through its EmailMarketingTM (the "Services") EmailMarketing ("EmailMarketing") provides web site operators and other individuals a variety of tools and resources to collect visitor e-mail addresses and to create, launch, and manage online e-mail campaigns. This service may not be used for the sending of unsolicited e-mail (sometimes called "spam"). The following are the terms and conditions for use of the Services. By checking the "I accept these terms and conditions" box on the Sign Up page or after logging in for the first time, you accept these terms and conditions.

1. Services and Support

1.1 The Services are provided subject to this Agreement, as it may be amended by EmailMarketing, and any guidelines, rules or operating policies that EmailMarketing may establish and post from time to time (the "Agreement"). By posting updated versions of the Agreement at the EmailMarketing.com web site, or otherwise providing notice to you, EmailMarketing may modify the terms of the Agreement and may discontinue or revise any or all other aspects of the Services at its sole discretion. All such changes shall become effective upon posting of the revised Agreement on the Service.

1.2 The Services are available only to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, the Services are not available to individuals under the age of 18. If you do not qualify, please do not use the Services.

1.3 The Services enable corporate web sites, small business web sites, and community sites to sign up web site visitors, collect and retrieve visitor sign-up data, and develop and execute e-mail communications with visitors and other targeted prospects.

1.4 Both the number of e-mail messages sent and the number ofKiloBytes of data stored are metered by EmailMarketing. carges are incurred based upon the number of emails sent and the size of your storage facility on the email marketing services.

1.6 For all accounts, EmailMarketing may charge an account re-activation fee should an account need to be re-activated by customer after account has become de-activated due to non-payment or an untimely authorization for payment.

1.7 You must complete the registration form on the Sign Up page in order to use the Services. You will provide true, accurate, current, and complete information about yourself as requested in the registration form. As part of the registration process, you will identify an e-mail address and password for your EmailMarketing account. You are responsible for maintaining the security of your account, passwords, and files, and for all uses of your account and of the Services in your name. EmailMarketing reserves the right to refuse registration of, or cancel, accounts it deems inappropriate.

1.8 It is understood that EmailMarketing makes no guarantee that HTML messages will be rendered properly on all recipients' e-mail programs, due to the wide variety of HTML generation tools available. EmailMarketing makes every attempt to make sure that all e-mail messages sent through our servers follow W3C and IETF e-mail standards, but we cannot guarantee that messages will look consistent across all e-mail platforms due to the number of different HTML composition tools available. For example, if you use Microsoft Word to generate HTML e-mail messages, it is expected that recipients of your message using a non-Microsoft e-mail application may have difficulty reading your message. For best results EmailMarketing recommends, but does not guarantee, the use of HTML editors that generate HTML that adheres to W3C standards. EmailMarketing also provides a built-in browser-based HTML editor which you may use to compose your HTML message. This is provided as-is. EmailMarketing makes no guarantee that the HTML generated by the browser-based HTML editor will result in messages that look the same on all e-mail platforms.

1.9 To receive support, you must either send an e-mail to help@dk-media.co.uk. E-mails about new support issues sent directly to a EmailMarketing staff member may result in a delayed response. Some support issues are outside the scope of EmailMarketing's standard support -- these issues may be denied support alltogether or quoted for separately, at which time the customer will have the opportunity to decide whether to have the EmailMarketing staff person proceed or not.

2. Restrictions and Responsibilities

2.1 This is an Agreement for Services, and you are not granted a license to any software by this Agreement. You will not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Services or any software, documentation, or data related to the Services ("Software"); remove any proprietary notices or labels from the Services or any Software, modify, translate, or create derivative works based on the Services or any Software; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Services or any Software. The Services shall be used for your internal business (which includes civic or charitable) purposes only and you shall not use the Services or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third party. If you are using the Services in any country in the European Community, the prohibition against modifying, translating, reverse engineering, decompiling, disassembling or creating derivative works based on the Services or the Software does not affect your rights under any legislation implementing the E.C. Council Directive on the Legal Protection of Computer Programs.

2.2 You acknowledge and agree that the Services and the EmailMarketing company names and logos and all related product and service names, design marks and slogans, are the property of EmailMarketing or its affiliates or suppliers (collectively, the "Marks"). You are not authorized to use any of the Marks in any advertising, publicity or any other commercial manner without the prior written consent of EmailMarketing. Your use of the Services confers no title or ownership in the Service, the Software or the Marks and is not a sale of any rights in the Service, the Software or the Marks. All ownership rights remain in EmailMarketing or its third party suppliers, as the case may be.

2.3 You represent, covenant, and warrant that you will use the Services only in compliance with the Agreement and all applicable laws (including but not limited to policies and laws related to spamming, privacy, obscenity, or defamation). You agree you will not access or otherwise use third party mailing lists in connection with preparing or distributing unsolicited e-mail to any third party. You hereby agree to indemnify and hold harmless EmailMarketing against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys' fees) in connection with any claim or action that arises from an alleged violation of the foregoing or otherwise arising from or relating to your use of the Services. Although EmailMarketing has no obligation to monitor the content provided by you or your use of the Services, EmailMarketing may do so and may remove any such content or prohibit any use of the Services it believes may be (or is alleged to be) in violation of the foregoing.

2.4 The Services may only be used for lawful purposes. Transmission or solicitation of any material that violates United States federal, state or other laws that may apply in this jurisdiction or your local area is prohibited. This may include material that is obscene, threatening, harassing, libelous, or in any way a violation of intellectual property laws or a third party's intellectual property rights.

2.5 In using the varied features of the Services, you may provide information (such as name, contact information, or other registration information) to EmailMarketing. EmailMarketing may use this information and any technical information about your use of the Services to tailor its presentations to you, facilitate your movement through the Service, or communicate separately with you. If you licensed the Services as a result of solicitation by a Marketing Partner of EmailMarketing, EmailMarketing may share your information with the Marketing Partner. EmailMarketing will not provide information to companies you have not authorized, and EmailMarketing will not permit the companies that get such information to sell and redistribute it without your prior consent.

2.6 EmailMarketing will not use your customer list or any other customer information for any other purposes than those intended with the service. Your customer information will not be shared with any other parties. In addition, EmailMarketing will not use your customer information for the purpose of sending unsolicited commercial e-mail.

2.7 You will adopt and maintain the Privacy Statement, which may be modified by EmailMarketing from time to time.

3. Termination

3.1 You may terminate this Agreement at any time by sending an e-mail message to administrator@dk-media.co.uk . Correspondence must include your first name, last name, and EmailMarketing username. No refunds will be issued if you terminate this agreement.

3.2 EmailMarketing may terminate this Agreement or the Services at any time with or without cause, and with or without notice. Upon termination by EmailMarketing for reason other than violation of the Anti-Spam policy, EmailMarketing will provide you a proportionate refund of the advance quarterly payment which EmailMarketing has received for the then-current month, based on the number of days remaining in the quarter following the date of termination. Except for such refund, EmailMarketing shall have no liability to you or any third party because of such termination. If EmailMarketing terminates this agreement because you violated the Anti-Spam policy, no refund will be issued.

3.3 EmailMarketing may delete any of your archived data within 30 days after the date of termination. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, ownership, warranty disclaimers and limitations of liability.

3.4 If you do not log into your account for more than 90 days, the account will become inactive. When an account is classified (at EmailMarketing's sole discretion) as inactive, EmailMarketing will notify you by e-mail. INACTIVE ACCOUNTS HAVE 30 DAYS TO BECOME ACTIVE OR THE ACCOUNT AND ITS DATA, INCLUDING SUBSCRIBER SIGNUPS, MAY BE PERMANENTLY REMOVED FROM THE EmailMarketing DATABASE.

4. Warranty Disclaimer; Remedies

USE OF THE SERVICES AND ANY RELIANCE BY YOU UPON THE SERVICES, INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. EmailMarketing DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. THE SERVICES ARE PROVIDED "AS IS" AND EmailMarketing DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

Your sole and exclusive remedy for any failure or nonperformance of the Services shall be for EmailMarketing to use commercially reasonable efforts to adjust or repair the Services.

5. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL EmailMarketing OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS "EmailMarketing ") BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF EmailMarketing SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN THE EVENT THAT NOTWITHSTANDING THE FOREGOING, EmailMarketing IS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), THE LIABILITY OF EmailMarketing TO YOU WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

6. Export of Services or Technical Data

You may not remove or export from the United States or allow the export or re-export of the Services, or any direct product thereof, including technical data, in violation of any restrictions, laws, or regulations of the United States or any other applicable country.

7. Miscellaneous

7.1 If any provision of the Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.

7.2 EmailMarketing and you agree that the Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of the Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No delay or omission by either party in exercising any right or remedy under this Agreement or existing at law or equity shall be considered a waiver of such right or remedy.

7.3 No agency, partnership, joint venture, or employment is created as a result of the Agreement, and you do not have any authority of any kind to bind EmailMarketing in any respect whatsoever.

7.4 In any action or proceeding to enforce rights under the Agreement, the prevailing party will be entitled to recover its costs and attorneys' fees.

7.5 The Agreement shall be governed by the laws of the State of Ohio, USA without regard to its choice or law or conflict of laws provisions. All legal actions in connection with the Agreement shall be brought in the state or federal courts located in Dayton, Ohio.

8. System Requirements

It is understood that in order to use EmailMarketing, a Windows PC with Internet Explorer 4.0 or higher must be used. Additionally, a stable connection to the Internet is required. EmailMarketing may work in a limited manner on Macintosh, Unix, and other platforms, but there is no guarantee of functionality on non-Windows platforms. Additionally, EmailMarketing may work in a limited manner on a non-Internet Explorer web browser (such as Netscape Navigator), but there is no guarantee of full functionality on web browsers other than Microsoft's Internet Explorer.