Golden Web Promotions, LLC Terms of Service and Use Agreement

LAST REVISION: 3/1/2006

PLEASE READ THIS Golden Web Promotions, LLC TERMS OF SERVICE AND USE AGREEMENT CAREFULLY. BY COMPLETING THE REGISTRATION PROCESS OR USING THIS WEB SITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This Golden Web Promotions, LLC Terms of Service and Use Agreement (the "Agreement") governs the provision of the Services (as defined below) by Golden Web Promotions, LLC, Inc. ("Golden Web Promotions, LLC") to you. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below, including the Privacy Policy set forth in Section 5 below. Golden Web Promotions, LLC reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this site (www.Golden Web Promotions, LLC and any Web site incorporating the content of www.Golden Web Promotions, LLC is referred to herein as the Golden Web Promotions, LLC Web site). Golden Web Promotions, LLC will alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Web site. Your use of the Services following the posting of any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. Golden Web Promotions, LLC encourages you to review this Agreement whenever you visit the Golden Web Promotions, LLC Web site to make sure that you understand the terms of the Services provided to you. This Agreement does not alter in any way the terms or conditions of any other agreement you may have with Golden Web Promotions, LLC for other products or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Services. If you would like to print this Agreement, please click the print button on your browser toolbar.

Grant of Limited License.
MyInfo and the Golden Web Promotions, LLC Web site offer an electronic information service provided by Golden Web Promotions, LLC which allows you to access a list of names, addresses, telephone numbers and other information compiled from telephone company databases (the "Service"). The proprietary software associated with the Service which shall be deemed to include any enhancements or modifications thereto and any related documentation, is a copyrighted work. Subject to your compliance with all of the terms and conditions of this Agreement, and in consideration of your promises reflected in this Agreement, Golden Web Promotions, LLC grants to you a personal, nonexclusive, nonassignable and nontransferable license to use the Service from a single computer and to use the Service solely as permitted under this Agreement.

Restrictions of Limited License.
Unless you have a separate agreement with Golden Web Promotions, LLC authorizing you to do so, you will: (i) not copy or distribute the software or source code behind the Service to any third party; (ii) not reverse engineer, disassemble or decompile any portion of the Service or otherwise attempt to discover or re-create the source code to the Service; (iii) comply with all applicable laws, including U.S. export control laws, applicable to the Service; (iv) not make any modification, adaptation, improvement, enhancement, translation, or derivative work of or to any portion of the Service; (v) not remove, alter, or obscure any proprietary notices (including copyright notices) of Golden Web Promotions, LLC or its suppliers in any portion of the Service or on the Golden Web Promotions, LLC Web site; (vi) not interfere with or disrupt the use and enjoyment of the Services by other users; and (vii) not use any type of automated means to (a) utilize the Service or (b) download or retrieve directory listings or other information.

Reservation of Rights.
Golden Web Promotions, LLC and its suppliers reserve all rights not granted in this Agreement. You agree to use your best efforts to prevent and protect the Service from unauthorized disclosure or use.

Your Registration and Account.

Registration Obligations.
In consideration for access to certain Services (e.g., MyInfo), and to establish a Services account, you must provide Golden Web Promotions, LLC with certain information ("Registration Data") requested on the registration form; inquiries marked "required" must be answered, and any other request for information may be left blank. You agree that the Registration Data you provide: (1) is true, accurate, current and complete, and (2) will be maintained and updated by you to keep it true, accurate, current and complete. Golden Web Promotions, LLC reserves the right to terminate your use of the Services and refuse to provide you with any and all current or future use of the Services if Golden Web Promotions, LLC, in its sole discretion, determines that any of your Registration Data is untrue, inaccurate, not current or incomplete.

Registry Information Download.
As part of the registration process and once you have completed the information specified in (a) above, the Service software automatically collects certain information from your computer (including your Internet address, browser type, operating software, computer language and e-mail type and other computer registry information). You will allow the Golden Web Promotions, LLC software to obtain this information and not to manipulate or falsify such information.

Account Security.
You will select a user name and password upon completing the registration process. You are responsible for maintaining the confidentiality of your user name and password and are fully responsible for all activities, charges and/or liabilities that occur under your user name and password or account number whether or not authorized by you. You will immediately notify Golden Web Promotions, LLC of any unauthorized use of your user name or any other breach of security. Golden Web Promotions, LLC cannot, and will not, be liable for any loss or damage arising from your failure to comply with this section.

Privacy Policy.
Golden Web Promotions, LLC is committed to protecting your privacy. The personal information you provide to Golden Web Promotions, LLC is governed byGolden Web Promotions, LLC's privacy policy (the "Privacy Policy"). Click here to view Golden Web Promotions, LLC's Privacy Policy. This Privacy Policy, which is a binding part of this Agreement, explains the type of information Golden Web Promotions, LLC collects through the Golden Web Promotions, LLC Web site and MyInfo and what Golden Web Promotions, LLC does with it. Please read the following Privacy Policy carefully before using the Service or using the Golden Web Promotions, LLC Web site. If you use MyInfo or use the Golden Web Promotions, LLC Web site, you will be bound by the terms of this Agreement, including this Privacy Policy. This Privacy Policy may change from time to time so you should check it frequently.

DISCLAIMER OF WARRANTY.
YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK.

TO THE FULLEST EXTENT PERMISSIBLE UNDER THE APPLICABLE LAW, Golden Web Promotions, LLC AND ITS AFFILIATES AND LICENSEES DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, NEITHER Golden Web Promotions, LLC NOR ANY OF ITS AFFILIATES OR LICENSEES, NOR ANY OF THEIR OFFICERS, DIRECTORS, LICENSORS, EMPLOYEES OR REPRESENTATIVES REPRESENT OR WARRANT (i) THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR BE ACCURATE, COMPLETE, RELIABLE, OR ERROR FREE; (ii) THAT THE SERVICE WILL ALWAYS BE AVAILABLE OR WILL BE UNINTERRUPTED, ACCESSIBLE, TIMELY, OR SECURE; (iii) THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE WILL BE FREE FROM VIRUSES, "WORMS," "TROJAN HORSES" OR OTHER HARMFUL PROPERTIES; (iv) THE ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF ANY MATERIAL PUBLISHED OR ACCESSIBLE ON OR THROUGH THE SERVICE OR THE Golden Web Promotions, LLC WEB SITE; (v) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND (vi) THAT THE SOFTWARE BEHIND THE SERVICE IS NONINFRINGING. Golden Web Promotions, LLC AND ITS AFFILIATES AND LICENSEES HEREBY DISCLAIM, AND YOU HEREBY WAIVE AND RELEASE Golden Web Promotions, LLC AND ITS AFFILIATES AND LICENSEES FROM, ANY AND ALL OBLIGATIONS, LIABILITIES, RIGHTS, CLAIMS OR REMEDIES IN TORT ARISING OUT OR IN CONNECTION WITH THIS AGREEMENT AND THE SERVICE, WHETHER OR NOT ARISING FROM THE NEGLIGENCE (ACTIVE, PASSIVE OR IMPUTED) OF Golden Web Promotions, LLC OR ITS AFFILIATES OR LICENSEES.

YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE OR CONTENT OBTAINED THROUGH THE USE OF THE SERVICE AND Golden Web Promotions, LLC WEB SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SOFTWARE AND/OR CONTENT.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION.

LIMITATION OF LIABILITY.
IN NO EVENT SHALL Golden Web Promotions, LLC OR ANY OF ITS AFFILIATES OR LICENSEES, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, INFORMATION PROVIDERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES (REGARDLESS OF THE FORM OF ACTION) ARISING OUT OF (I) USE OF THE SERVICE BY ANY PERSON, INCLUDING BUT NOT LIMITED TO, ANY DAMAGE CAUSED BY ANY RELIANCE ON, OR ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS IN, ANY INFORMATION AND CONTENT ACCESSED OVER THE SERVICE, (ii) ANY USE OR INABILITY TO USE THE SERVICE FOR WHATEVER REASON, INCLUDING BUT NOT LIMITED TO COMMUNICATIONS FAILURE OR ANY OTHER FAILURE WITH TRANSMISSION OR DELIVERY OF ANY INFORMATION ACCESSED THROUGH THE SERVICE, OR (iii) ANY GOODS OR SERVICE DISCUSSED, PURCHASED OR OBTAINED, DIRECTLY OR INDIRECTLY, THROUGH THE SERVICE, IN EACH CASE EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW THESE LIMITATIONS OR EXCLUSIONS SO THEY MAY NOT APPLY TO YOU.

Termination.
Your rights under this Agreement terminate automatically if you fail to comply with any of the terms and conditions of this Agreement. No notice is required from Golden Web Promotions, LLC to effectuate such termination. Additionally, Golden Web Promotions, LLC may terminate this Agreement at any time and for any reason and may effect notice of such termination through any means, including but not limited to posting such notice on the Golden Web Promotions, LLC Web site or otherwise publicly proclaiming such termination. Upon termination, you must stop using the Service.

Your Indemnification.
You agree to hold harmless, defend, and indemnify Golden Web Promotions, LLC and its licensees, and their officers, directors, employees, subsidiaries, contractors, subcontractors, suppliers, agents, partners and affiliates, successors and assigns from all liabilities, claims, demands and expenses, including attorneys' fees, that are due to, or that arise from your use or misuse of the Golden Web Promotions, LLC Web site and/or Service, or for infringement by you of intellectual property rights or other right of any third party. We may assume exclusive control of any defense or any defense or any matter subject to indemnification by you, and you agree to cooperate with us in such event.

Spam and Acceptable Use.
While we encourage you to refer friends, family, colleagues, and others to use the Service, you may do so only through methods that are consistent with the terms and conditions of your own Internet service provider as well as prevailing standards of acceptable Internet use and behavior. In particular, you may not use the Service, name, trademarks, or other intellectual property of Golden Web Promotions, LLC in conjunction with the sending of unsolicited e-mail, or cause to be used Golden Web Promotions, LLC equipment, network connectivity, or other resources to originate, deliver, relay, or otherwise transmit unsolicited e-mail messages. You may not engage in any of these prohibited activities by using the service of any other provider, third-party agent, remailing service, or address forwarding service, in such a way that Golden Web Promotions, LLC's network addresses or Golden Web Promotions, LLC services are in any way identified as being associated with the sending of unsolicited e-mail. Other prohibited methods of advertising or promoting your involvement with Golden Web Promotions, LLC include multiple postings of messages to Usenet newsgroups, mailing lists, chat rooms (including IRC, AIM, ICQ, or other interactive chat services) or other online forums. Incidents of "spamming" or similar inappropriate behavior should be reported to Golden Web Promotions, LLC immediately.

Other Web Sites To Which The Service May Link Or Refer To.

Third Party Links.
Golden Web Promotions, LLC is not responsible in any way for, and does not guaranty the availability of, any e-mail from or links to third party Web sites and resources which may be accessed through the Golden Web Promotions, LLC Web site. In addition, Golden Web Promotions, LLC does not endorse and is not responsible or liable for any content, advertising, goods or services, or other materials available on or from such Web sites or resources. Golden Web Promotions, LLC will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, advertising, goods or services, or other materials on or available from such Web sites or resources.

Infringer Notification.
If you believe that any material available through the Golden Web Promotions, LLC Web site infringes upon any copyright you own or control, or that any link on the Golden Web Promotions, LLC Web site directs users to another Web site that contains material that you own or control, please contact Customer Support.

Feedback.
Any comments or materials sent to Golden Web Promotions, LLC including feedback data, such as questions, comments, suggestions, or the like regarding the Service or any other products or programs of Golden Web Promotions, LLC (collectively "Feedback"), is non-confidential. Golden Web Promotions, LLC has no obligation to you of any kind with respect to such Feedback and is free to reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute the Feedback to others without limitation. Further, Golden Web Promotions, LLC is free to use any ideas, concepts, know-how or techniques contained in such Feedback for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products incorporating such Feedback.

Notices; Announcements.
Golden Web Promotions, LLC may provide you notices of changes to this Agreement or any other matter by displaying notices to you generally on the Golden Web Promotions, LLC Web site. Golden Web Promotions, LLC may change its addresses (e-mail or mailing) by displaying such changes on the Golden Web Promotions, LLC Web site. All notices not sent by e-mail shall be delivered in writing and must be sent by either overnight courier or certified mail, return receipt requested. All written notices to Golden Web Promotions, LLC shall be delivered via our contact us page.

Miscellaneous.

Entire Agreement.
This Agreement constitutes the complete and entire agreement between you and Golden Web Promotions, LLC as it pertains to the Services and shall supplement any written agreements.

Severability.
If any provision of this Agreement is held to be unenforceable for any reason, such provision will be reformed only to the extent necessary to make it enforceable, and such decision will not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances.

Jurisdiction.
This Agreement is governed by the laws of the State of Texas, without regard to conflicts of law provisions, and you hereby consent to the exclusive jurisdiction of the state and federal courts sitting in Collin County, Texas, USA.