GENIESYS, Inc. ("Provider") agrees to provide Application Hosting and related service ("Service") pursuant to the Terms and Conditions set forth below. By establishing your service, you ("Subscriber") agree to use the Service in a manner consistent with the Software License Agreement and Terms and Conditions of this Agreement and with all applicable laws and regulations. The Provider may modify this Agreement at any time.

1. SUBSCRIBER CONDUCT.

You agree that you are solely responsible for the content of your account, and you further acknowledge that the Provider acts as a passive conduit for the storage of data. You represent and warrant that the content you provide to the Provider: (a) does not infringe on any third party's intellectual property or proprietary rights, or rights of publicity or privacy; (b) does not violate any law, statute, ordinance or regulation; (c) is not defamatory, trade libelous, threatening, abusive, pornographic or obscene; (d) does not contain viruses or other similar harmful or deleterious programming routines; and (e) does not contain links to any such sites referenced above. If you violate any aspect of this provision you may be penalized up to and including loss of the Service and any other remedies available to the Provider by law.

2. REGISTRATION DATA.

In consideration of use of the Service, you agree to provide the Provider current, complete, and accurate registration information (the "Registration Data") as prompted by the Service, and to maintain and update the Registration Data as required keeping it current, complete and accurate.

The Provider considers the Registration Data and the content of all databases to be private. Except as provided in Sections 1 and 2 above, the Provider will not intentionally monitor or disclose any data entered or Registration Data unless required by law. Additionally, you agree to respect the privacy and confidentiality of others. Since Subscriber privacy is a function of your password, the Provider encourages Subscribers to change passwords frequently and further not to share the password with any third party.

4. USE PURPOSE.

You agree not to resell the Service without the express written consent of the Provider and you agree to be fully liable for the use of your account, including any unauthorized use of your account by a third party.

5. INDEMNIFICATION.

You agree to defend, indemnify and hold harmless the Provider, its employees, directors, officers, agents and their successors and assigns from and against any and all liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon the use of your account, including but not limited to any claim of libel, defamation, violation of rights of privacy or publicity, loss of service and infringement of intellectual property or other rights. You agree that the reseller of this Service (if any) is not responsible for any direct or indirect damages resulting from use of the Service.

6. TERM.

This Agreement shall continue in full force and effect for so long as you are using the Service.

7. MISCELLANEOUS.

This Agreement shall be governed by and construed in accordance with Federal laws and the laws of the State of Delaware without giving effect to principles of conflict of laws. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. The Provider's failure to act with respect to a breach by a Subscriber does not waive its right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between you and the Provider.

GenieTracker™ is a trademark of GENIESYS, Inc.

GENIESYS, Inc.
41 Byron Drive
Pleasant Hill, CA 94523

www.geniesys.net
email us