mmpulse Terms of Service and Software Policy Agreement

Through its mmpulse Software (the "Services" - "the Software") "MindHarbor, Inc." provides professionals a variety of tools to enable email campaign management. The following are the terms and conditions for use of the Services and the Software. By clicking the 'I accept these terms and conditions' button on the sign-up page -or- by logging in to mmpulse, you accept these terms and conditions.

Services and Support:

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

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, you are not permitted to use the Services.

The Services enable individuals to conduct permissive opt-in only email campaign management without technical programming knowledge.

The Services will be subject to monthly subscription fees. Fees are billed monthly, according to the fee price list provided to you by MindHarbor, Inc.. The fee price list, is subject to change at any time in MindHarbor, Inc.'s discretion. Amounts paid for the services are not refundable.

Payment for Services will be made by a valid credit card or by invoice if accepted by MindHarbor, Inc.. If using a credit card for payment or if you have previously provided your credit card for payment, you hereby authorize MindHarbor, Inc. to charge your credit card for such amounts on a regular monthly basis. Fees are payable in US dollars. If MindHarbor, Inc. is for any reason unable to effect automatic payment via your credit card, you will be notified via email and your mmpulse account will be disabled until payment is received. Monthly pricing may change and you are responsible for reviewing the fee price list from time to time and remaining aware of the fees charged by MindHarbor, Inc..

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 email address for your mmpulse 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. MindHarbor, Inc. reserves the right to refuse registration of, or cancel, accounts it deems inappropriate.

Restrictions and Responsibilities:

MindHarbor, Inc. will not use your customer information for any other purposes than those intended with the service.

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.

You acknowledge and agree that the Services and the MindHarbor, Inc. company names and logos and all related product and service names, design marks and slogans, are the property of MindHarbor, Inc. 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 MindHarbor, Inc.. 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 MindHarbor, Inc. or its third party suppliers, as the case may be.

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 privacy, obscenity, or defamation). You hereby agree to indemnify and hold harmless MindHarbor, Inc. 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. In addition, you acknowledge and agree that MindHarbor, Inc. has the right to seek damages when you use the Services for unlawful purposes, in an unlawful manner, and/or in a manner inconsistent with the terms of this Agreement, and that such damages may include, without limitation, direct, indirect, special, incidental, cover, reliance and/or consequential damages. Although MindHarbor, Inc. has no obligation to monitor the content provided by you or your use of the Services, MindHarbor, Inc. 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.

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. See MindHarbor, Inc.'s Prohibited Content and Commerce Statement for details.

In using the varied features of the Services, you may provide information (such as name or other registration information) to MindHarbor, Inc.. MindHarbor, Inc. 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.

Account Termination:

You may terminate this Agreement at any time by sending an email message to support@MindHarbor.com or by sending written notice to MindHarbor, Inc. 1850-E Beaver Ridge Circle, Norcross, GA 30071 . There are no refunds for any fees paid.

MindHarbor, Inc. may terminate this Agreement or the Services at any time with or without cause, and with or without notice. MindHarbor, Inc. shall have no liability to you or any third party because of such termination.

MindHarbor, Inc. will 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.

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. MINDHARBOR, INC. 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 MINDHARBOR, INC. 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 MindHarbor, Inc. to use commercially reasonable efforts to adjust or repair the Services.

Limitation of Liability:

TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL MINDHARBOR, INC. 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 "MINDHARBOR, INC.") BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF MINDHARBOR, INC. 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, MINDHARBOR, INC. 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 MINDHARBOR, INC. 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.

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.

Miscellaneous:

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.

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 MindHarbor, Inc. in any respect whatsoever.

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

The Agreement shall be governed by the laws of the State of Georgia, 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 Atlanta, Georgia.

mmpulse Prohibited Commerce / Content Policy:

MindHarbor, Inc. prohibits the use of the mmpulse service by any company or site that engages in any of the following:

• emails /posts any content that advocates, promotes or otherwise encourages violence against any governments, organizations, groups or individuals or which provides instruction, information or assistance in causing or carrying out such violence
• Displays material that exploits children, or otherwise exploits children under 18 years of age
• emails / posts or discloses any personally identifying information or private information about children without their consent (or their parents consent in case of a minor)
• Provides, sells or offers to sell the following products or content (or services related to the same): pornography or illicitly pornographic sexual products; escort services; illegal goods; illegal drugs; illegal drug contraband; pirated computer programs; instructions on how to assemble or otherwise make bombs, grenades or other weapons
• Sells or promotes any products or services that are unlawful in the location at which the content is posted or received
• Introduces viruses, worms, harmful code and/or Trojan horses on the Internet
• Provides material that is grossly offensive, including blatant expressions of bigotry, prejudice, racism, hatred or excessive profanity or post any obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable content
• Promotes, solicits or participates in pyramid schemes
• Engages in any libelous, defamatory, scandalous, threatening, harassing activity

MindHarbor, Inc. reserves the right to prohibit the use of mmpulse by any company or site in its sole discretion.