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1. THE SERVICE The Service consists of a browser interface, data encryption, data transmission, data access (as available), data storage and, if applicable, synchronization software. You are responsible for obtaining and maintaining all computer hardware, software and communications equipment needed to access the Service, and for paying all third-party access charges (e.g., ISP, telecommunications) incurred while using the Service. IPing.com makes no guarantees as to the continuous availability of the Service or of any specific feature(s) of the Service. IPing.com reserves the right to change the Service or the terms and conditions of this Agreement at any time without notice. 2. USE OF PROPRIETARY SOFTWARE Subject to the terms and conditions of this Service Agreement, IPing.com grants you an individual, personal, non-sublicensable, non-exclusive and non-transferable license (the "License") to use its proprietary software, in object code form only, and only in accordance with the applicable end user documentation, if any, and only in conjunction with this Service Agreement. You will not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code or underlying ideas or algorithms of the software; modify, translate, or create derivative works based on the software; or copy (except for archival purposes), rent, lease, distribute, assign, or otherwise transfer rights to the software; use the software for timesharing or service bureau purposes or otherwise for the benefit of a third party; or remove any proprietary notices or labels on the software. As between the parties, you acknowledge that IPing.com and its licensors retain ownership of all software, any portions or copies thereof, and all rights therein. Upon termination of this Service Agreement for any reason, this License will terminate and you will destroy and cease to use the software. THE SOFTWARE IS PROVIDED "AS IS" AND SUBJECT TO THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY FOUND IN THIS SERVICE AGREEMENT. 3. MEMBER ACCOUNT, PASSWORD, AND SECURITY To open a IPing.com account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the Registration Form. You will also choose a password and an username. You are entirely responsible for maintaining the confidentiality of your password and username. Furthermore, you are entirely responsible for any and all activities that occur under your account. You will also be asked to validate one telephone number at the time of registration by entering a validation code via the telephone. You agree to notify IPing.com immediately of any unauthorized use of your account or any other breach of security. 4. MEMBER PRIVACY It is iPing.com's policy to respect the privacy of its Members. IPing.com will not monitor, edit, or disclose any personal information about you or your IPing.com account, including its contents, without your prior permission unless IPing.com has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of iPing.com; (3) enforce this Service Agreement; (4) respond to request for identification in connection with claim of copyright or trademark infringement by you or a claim by a third party that you are using the Service in connection with an infringing, illegal or improper activity; or (5) act to protect the interests of its Members or others. IPing.com transmits your name and/or email address with each notification that you send. For more information, see the IPing.com Privacy Statement. You agree that IPing.com may access your account, including its contents, as stated above or to respond to service or technical issues. 5. MESSAGE AND ADDRESS BOOK STORAGE, OUTBOUND MESSAGES, NOTIFICATIONS AND OTHER LIMITATIONS IPing.com assumes no responsibility for the deletion or failure to store information. IPing.com has set no fixed upper limit on the number of messages a Member may store or send through the Service; however, IPing.com retains the right, at IPing.com's sole discretion, to determine whether or not Member's conduct is consistent with the letter and spirit of the Service Agreement and may terminate Service if a Member's conduct is found to be inconsistent with the Agreement. IPing.com may, in the future, with prior notification, limit the amount of storage space available to each Member. 6. MEMBER CONDUCT Any unauthorized commercial use of the Service, or the resale of the Services, is expressly prohibited. You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account or password, including the content of your transmissions through the Service. By way of example, and not as a limitation, you agree not to: A. use the Service in connection with chain letters, junk email, junk phone messages, junk faxes, spamming or any duplicative or unsolicited messages (commercial or otherwise); B. harvest or otherwise collect information about others, including email addresses, without their consent; C. create a false identity or forged email, phone or fax address or header, or otherwise attempt to mislead others as to the identity of the sender or the origin of the message; D. transmit through the Service unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature; E. transmit any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright or right of publicity; F. libel, defame or slander any person, or infringe upon any person's privacy rights; G. transmit any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs; H. violate any U.S. law regarding the transmission of technical data or software exported from the United States through the Service; I. interfere with or disrupt networks connected to the Service or violate the regulations, policies or procedures of such networks; J. attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means; K. interfere with another Member's use and enjoyment of the Service or another entity's use and enjoyment of similar services; or L. engage in any other activity that IPing.com believes could subject it to criminal liability or civil penalty or judgment. Any unauthorized use will be subject to prosecution for violation of Federal Law under FCC regulation, Telecommunication Act of 1996, Pub. LA. No. 104-104, 110 Stat. 56 (1996). 7. FEES, AND YOUR RIGHT TO CANCEL A. Fees. In consideration for the use of iPing.com and its services, you will not be charged any fees for the use of iPing.com's service. All services are sponsored based and for using the services, you are permitting iPing, Inc to transmit sponsors' messages on every notification either Audio or Text (including links). IPing, at its own discretion may introduce a fee based service in the future, and it will notify you of such premium services. B. Termination or Cancellation by You. You are free to terminate or cancel this Agreement at any time, and for any reason; provided, however, for such termination or cancellation to be effective you must carry out such termination in accordance with the policies and procedures established by IPing.com which will be posted in the Billing Information section or similar location within iPing.com. If you have any questions concerning the appropriate method by which to cancel this Agreement, you should contact at iPing.com's Customer Support representative at questions@iping.com 8. MODIFICATION OF TERMS; TERMINATION, CANCELLATION, AND SUSPENSION A. Modification of Terms. IPing.com frequently updates, modifies, and otherwise continually seeks to improve the Service. Such changes often dictate that we simultaneously modify our terms of service. As such, IPing.com shall have the right to modify the terms of this Agreement and to change or discontinue any aspect or feature of iPing.com, in either case as it deems reasonably necessary. Such changes shall be effective immediately upon posting of such addition, change, or deletion. Any use by you of IPing.com after any such change has been posted shall constitute your acceptance of any such changes. If you do not agree with any such changes, you may cancel the Service in accordance with the procedures for cancellation set forth in this Agreement. You acknowledge and agree that it is your responsibility to review this Agreement from time to time and to be aware of any such changes. The current version of this Agreement may be obtained by calling a Customer Support representative and may also be posted in the Privacy area linked to the IPing.com Sign On page. B. Termination, Cancellation and/or Suspension by iPing.com. This Agreement and the license granted hereunder may be terminated, canceled and/or suspended by IPing.com at any time if, in iPing.com's determination, you breach these terms of service. Such termination, cancellation and/or suspension by IPing.com shall be effective immediately upon notification by IPing.com to you in any reasonable manner, including but not limited to, notification by e-mail. Upon, during, and/or after any such breach, IPing.com may elect to suspend, terminate and/or cancel this Agreement and/or recover any and all damages from you arising from or relating to the event(s) giving rise to the suspension, termination or cancellation. C. Termination or Cancellation by You. You are free to terminate or cancel this Agreement at any time, in accordance with Section 7(B). D. Obligations Upon Termination and/or Cancellation. Upon termination and/or cancellation, for any reason, You agree to immediately cease using IPing.com. IPing.com shall have no obligation to you after any termination or cancellation of this Agreement. 9. NO WARRANTIES OR LIABILITIES A. GENERALLY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF IPING.COM AND THE INTERNET GENERALLY IS AT YOUR OWN RISK AND THAT IPING.COM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OR CONDITIONS WHATSOEVER, EXPRESS OR IMPLIED. IPING.COM WILL USE COMMERICIALLY REASONABLE EFFORTS TO MAKE ACCESS TO IPING.COM AVAILABLE TO YOU THROUGH THE REQUIRED ACCESS PROTOCOLS, BUT MAKES NO WARRANTY OR GUARANTEE THAT YOU WILL BE ABLE TO ACCESS IPING.COM AT ANY PARTICULAR TIME OR ANY PARTICULAR LOCATION. B. ADDITIONAL LIMITATIONS. Without limiting the generality of the terms set forth in Section 9(A), IPING.COM and its affiliates, agents, content providers, service providers, and licensors: (i) HEREBY DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES AS TO THE ACCURACY, COMPLETENESS, NONINFRINGEMENT, MERCHANTABLITY OR FITNESS FOR PARTICULAR PURPOSE OF IPING.COM GENERALLY, AND ANY CONTENT OR SERVICES CONTAINED THEREIN, AS WELL AS ALL EXPRESS AND IMPLIED WARRANTIES THAT THE OPERATION OF IPING.COM GENERALLY AND ANY CONTENT OR SERVICES CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; (ii) SHALL IN NO EVENT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INACCURACY, ERROR OR OMISSION IN, OR LOSS, INJURY OR DAMAGE CAUSED IN WHOLE OR IN PART BY FAILURES, DELAYS OR INTERRUPTIONS IN IPING.COM GENERALLY, AND ANY CONTENT OR SERVICES CONTAINED THEREIN; (iii) SHALL IN NO EVENT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES ARISING OUT OF, RESULTING FROM, OR RELATING IN ANY MANNER TO THE USE OR INABILITY TO USE IPING.COM GENERALLY, AND ANY CONTENT OR SERVICES CONTAINED THEREIN. WITHOUT IN ANY WAY LIMITING THE FOREGOING, IPING.COM SHALL IN NO EVENT HAVE (IN THE AGGREGATE) ANY LIABILITY WHATSOEVER IN CONNECTION WITH THIS AGREEMENT. C. HIGH RISK ACTIVITIES. IPING.COM IS NOT FAULT-TOLERANT AND IS NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE OR RESALE AS ONLINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO USE IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT MACHINES, OR WEAPONS SYSTEMS, IN WHICH THE FAILURE OF IPING.COM COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE ("HIGH RISK ACTIVITIES"). IN ADDITION TO THE OTHER DISCLAIMERS AND LIMITATIONS CONTAINED WITHIN THIS AGREEMENT, IPING.COM AND ITS AFFILIATES, AGENTS, CONTENT PROVIDERS, SERVICE PROVIDERS AND LICENSORS SPECIFICALLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES INCLUDING EMERGENCY NOTIFICATION SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF WARRANTIES OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, MESSAGEBLASTER!'S LIABILITY (AND THE LIABILITY OF ITS AFFILIATES, AGENTS, CONTENT PROVIDERS AND SERVICE PROVIDERS) SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW. 10. THIRD PARTY BENEFICIARIES Notwithstanding anything to the contrary contained herein, the provisions for "No Warranties and Liabilities" set forth in Section 9 herein are for the benefit of IPing.com and its affiliates, agents, content providers and service providers and each shall have the right to assert and enforce such provisions directly on its own behalf. 11. INDEMNIFICATION You agree to indemnify, hold harmless, and defend iPing and all its services, and its affiliates, agents, content providers and service providers, against any and all claims, liabilities, damages, costs and expenses (including, but not limited to, consequential damages, incidental damages, special damages, attorneys' fees and disbursements) arising from or relating to the use of IPing.com in any manner which violates the terms of this Agreement or otherwise violates any law, rule, or regulation. You agree to cooperate as fully as reasonably required in the defense of any claim. IPing.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. 12. U.S. GOVERNMENT RIGHTS You may not remove or export from the United States or allow the export or re-export of any part of the software or applicable documentation, if any, or any direct product thereof in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign agency or authority. As defined in FAR section 2.101, the Software and Documentation licensed in this Service Agreement are "commercial items" and according to DFAR section 252.227-7014(a)(1) and (5) are deemed to be "commercial computer software" and "commercial computer software documentation." Consistent with DFAR section 227.7202 and FAR section 12.212, any use modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by the terms of this Service Agreement and will be prohibited except to the extent expressly permitted by the terms of this Service Agreement. 13. MISCELLANEOUS The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Service Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Service Agreement will otherwise remain in full force and effect and enforceable. This Service Agreement is not assignable, transferable or sublicensable by you except with iPing.com's prior written consent. This Service Agreement will be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts and the United States of America without regard to the conflict of laws provisions thereof. You and IPing.com agree to submit to the exclusive jurisdiction of the courts located in the county of Manhattan, NYC. Both parties agree that this Service 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 this Service Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Service Agreement and you do not have any authority of any kind to bind IPing.com in any respect whatsoever. In any action or proceeding to enforce rights under this Service Agreement, the prevailing party will be entitled to recover costs and attorneys' fees. All notices under this Service Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested.