1. ACCEPTANCE OF TERMS

Welcome to the Connect Product's family of online services provided by Feist Publications, Inc. ("Feist"). This Terms of Service ("TOS") explains the terms and conditions governing your use of ConnectBuildersm technology and services. ConnectBuildersm is an online service dedicated to providing small businesses and organizations the web tools needed to easily build and maintain an online business.

When accepted by Feist, your submitted offline order form ("Order") to purchase the Service (as defined) and this TOS creates a contract between you and Feist. Feist will provide, and you will pay for, the services per the service fees ("Service Fees") specified in the Order. As set forth in Section 12, this TOS shall become a binding and noncancelable contract for the Initial Term and thereafter will automatically renew from month-to-month. The length of the Initial Term is defined within the Order. All fees and monthly payments due during the Term (as defined) shall be nonrefundable.

Upon purchasing the Service, you agree to use the Connect Productssm resources in a manner consistent with all applicable laws and regulations and in accordance with the terms and conditions outlined below.

2. DESCRIPTION SERVICE

ConnectBuildersm affords you the flexibility to select one or more of the following on-line services:

CB Publisher Toolbox
CB Email Toolbox
CB Data Toolbox
Other ConnectBuilder Products & Features ConnectPages Listings (as bundled with ConnectBuildersm services only)

You may use ConnectBuildersm service separately or in combination to create the integrated solution that fits your online business needs (individually and collectively the "Service").

Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to this TOS, as amended by Feist from time-to-time in Feist's sole discretion. In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. You must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. You must also agree to purchase and own your own domain name(s) and agree to have them hosted on the ConnectBuildersm domain name servers. The exceptions to this domain name requirement are as follows: 1) The ConnectBuilder One Page Websitesm does not require a domain name because a URL convention of yourphonenumber.connectbuilder.net is utilized. 2) ConnectPagessm products (e.g. online directory enhanced listings) can be bundled with ConnectBuildersm services and do not require the purchase of a domain name.

3. YOUR REGISTRATION OBLIGATIONS

In consideration of use of the Service, you agree to:

(a) Provide true, accurate, current and complete information about yourself as prompted by the Order and additional data forms (such information being the "Customer Data", as defined within the Connect Products Privacy Policy).

(b) Maintain and promptly update the Customer Data to keep it true, accurate, current and complete during the Initial Term and the duration of the relationship between the parties. If you provide any information that is untrue, inaccurate, not current or incomplete, or Feist has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Feist has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

(c) Pay for the Service and all related fees which are due as set forth in the Order.

4. CONNECT PRODUCTS PRIVACY POLICY

Pursuant to the Connect Products Privacy Policy, which may be amended from time-to-time in Feist's sole discretion, generally, we may disclose to third parties certain information as forth in the Privacy Policy. For more information, please see the Connect Products Privacy Policy.

5. SUBSCRIBER CONDUCT

You understand that all Customer Data, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Feist, are entirely responsible for all Content that you upload, post or otherwise transmit via the Service. You are also solely responsible for the customer information you gather from or upload to the Service ("Subscriber Customer Data"). Feist does not control the Content you post or the Subscriber Customer Data uploaded and/or gathered via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content and Subscriber Customer Data.

You agree to not use the Service to: (i) upload, post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) harm minors in any way; (iii) impersonate any person or entity, including, without limitation, a Feist official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; (iv) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service or develop restricted or password-only access pages, or hidden pages or images (those not linked to from another accessible page); (v) upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements); (vi) upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (vii) upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas of the Service that are designated for such purpose; (viii) upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (ix) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; (x) "stalk" or otherwise harass another person; (xi) collect or store personal data about other users; and/or (xii) promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, without limitation, providing instructions on how to assemble bombs, grenades and other weapons.

6. SPECIAL ADMONITIONS FOR INTERNATIONAL USE

Recognizing the global nature of the Internet, you agree to comply with all laws of the United States of America and all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

7. CONTENT AND SUBSCRIBER CUSTOMER DATA SUBMITTED TO FEIST Feist does not claim ownership of the Content you place on the Service. However, by submitting Content to Feist for inclusion on your Service you grant Feist the world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your Service on Feist Internet properties (e.g. www.myconnectbuilder.com, www.feist.com). This license exists only for as long as you continue to be a subscriber and shall be terminated at the time your Service is terminated.

Feist does not claim ownership of custom template, graphics and form designs and/or text produced through the purchase of Feist's custom template, design, programming, and/or content services.

Feist does not claim ownership of the Subscriber Customer Data you upload and/or gather via the Service. Feist does not willfully sell, lease or rent Subscriber Customer Data to any third party without first receiving your permission.

You acknowledge that Feist does not pre-screen Content, but that Feist and its designees shall have the right (but not the obligation) in Feist's sole discretion to refuse to permit or remove any existing Content that is available via the Service. Without limiting the foregoing, Feist and its designees shall have the right to remove any Content that violates this TOS or is otherwise objectionable to Feist, in Feist's sole discretion. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

8. INDEMNITY

You agree to indemnify and hold Feist, and its subsidiaries, parent corporations, affiliates, officers, directors, agents, attorneys, co-branders, third party providers, other partners, and employees, harmless from any claim, expense, cost, and/or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your Content, your Subscriber Customer Data, your use of the Service, your connection to the Service, your violation of this TOS, and/or your violation of any rights of another.

9. NO RESALE OF SERVICE

You may not use the Service for any purpose other than accessing and using the Service. You agree not to reproduce, transfer, duplicate, copy, sell, resell or exploit any portion of, use of, or access to, the Service.

10. GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that Feist may establish general practices and limits concerning use of the Service from time-to-time in Feist's sole discretion, and you agree to follow them.

You agree to monitor the storage space and bandwidth usage limits established through your Order. The ConnectBuilder Space Monitor tool provides you with the ability to monitor these resources. If storage space and bandwidth usage in any month exceeds your "global limit," Feist may, without limiting its other rights or remedies, assess additional fees called an Overage Charge (as defined).

11. MODIFICATIONS TO SERVICE

Feist reserves the right at any time and from time-to-time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Feist shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

12. TERM/TERMINATION

(a) Term: Service will commence on the Effective Date (the "Effective Date" is the date you are notified that your Service is ready for use) and will continue for the duration of the Initial Term. The length of the Initial Term is defined within the Order. Thereafter the Order will automatically renew for successive periods from month-to-month. The Initial Term and all such renewal periods are collectively referred to herein as the "Term."

(b) Termination by Feist: pursuant to Section 11 of this TOS (i) Feist may at any time, with thirty (30) days written or electronic notice to you, modify or discontinue any or all aspects of the Service, if you otherwise fail to make payments due to Feist; (ii) you agree that Feist, in its sole discretion, may terminate your use of the Service without notice and remove and discard any Content and/or Subscriber Customer Data within the Service, for any reason, including, without limitation, if Feist believes you have violated or acted inconsistently with the letter or spirit of this TOS; and (iii) upon termination, all rights granted to you under this TOS shall terminate immediately. If Feist terminates or suspends your access to the Service, you will remain liable for the full charge for the Term. Following such termination or suspension, you agree not to re-register for, or otherwise access, the Service without Feist's prior written approval.

(c) Termination by You: After the Initial Term, you may cancel your Service at any time. To cancel, you must mail, email, or fax a written notice to:

Connect Products Customer Support
3020 N. Cypress, Suite 200
Wichita, Kansas 67226
Email: rburris@feistcorp.com
Fax: 316-303-3362
Attention: Customer Support Manager

Upon confirmation of your cancellation request, your Service will be terminated and all contents deleted within 30 days. Within the month the Service cancellation request is confirmed, one last monthly Service Fee will be charged and paid by you.

FEIST IS NOT RESPONSIBLE FOR THE DELETION OF ANY FILES, ATTACHMENTS, INFORMATION, CONTENT, OR ANY OTHER CONSEQUENCE OF YOUR DECISION TO CANCEL THE SERVICE NOR IS FEIST OBLIGATED TO TRANSFER ANY OF THE SAME TO YOU.

13. SERVICE FEES, PAYMENTS

(a) Service Fees: "Service Fees" include, without limitation (i) a one-time set up fee payable upon submission of the Order; (ii) monthly payments; (iii) one-time fees for special orders; and (iv) Overage Charges (as defined). Feist may change Service Fees at any time on or after the expiration of the Initial Term by providing ten (10) days prior written or electronic notice thereof to you.

(b) Overage Charges: Disk space and data transfer limits are allocated to each account according to the Service purchased. When the limit for either one of these resources is exceeded, you pay for your actual usage and an "Overage Charge" equal to 10% of such excess.

(c) Payments: All Service Fees are fully earned when due and non-refundable when paid. Unless otherwise specified, invoices for the Service Fees and related charges shall be due and payable within 30 days after the date of the invoice. Any amounts payable to Feist not paid when due will bear interest at the rate of one and one half percent (1.5%) per month or the maximum rate permitted by law, whichever is less. If Feist collects any payment through any attorney at law or under advice therefrom or through a collection agency, you will pay all costs of collection, including, without limitation, all court costs and reasonable attorneys' fees. If any check is returned for insufficient funds, Feist may impose a processing charge of $25. All payments of Service Fees are due and payable to:

Feist Publications Inc.
Box 98
Spearville, Kansas 67876

(d) Payment Options: Feist accepts checks, major credit cards and ACH payments. Credit card and ACH payment methods require that an additional authorization agreement be signed and submitted with the Order.

14. LINKS

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Feist has no control over such sites and resources, you acknowledge and agree that Feist is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Feist shall 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, goods or services available on or through any such site or resource.

15. FEIST PROPRIETARY RIGHTS

(a) You acknowledge and agree that the Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws.

(b) Feist hereby grants to you a non-exclusive, non-transferable, royalty-free license, exercisable solely during the term of this TOS, to use applicable Connect Products Technology (as defined) solely for the purpose of accessing and using the Service. You may not use Connect Products Technology for any purpose other than accessing and using the Service. This TOS does not transfer from Feist to you any Connect Products Technology, and all rights, titles and interests in and to the Connect Products Technology shall remain solely with Feist. You shall not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any of the Connect Products Technology.

"Connect Products Technology" means Feist's proprietary technology, including, without limitation, Connect Products services, software tools, hardware designs, algorithms, software (in source code and object code forms), user interface designs, shared website templates, architecture, class libraries, objects and documentation (both printed and electronic), network designs, know-how, trade secrets and any related intellectual property rights throughout the world (whether owned by Feist or licensed to Feist from a third party), and also including any derivatives, improvements, enhancements, updates, modifications or extensions of Connect Products Technology conceived, reduced to practice or developed during the term of this TOS by either party.

(c) Feist's trademarks, trade names, service marks, logos, other names and marks, and related product and service names, design marks and slogans are the sole and exclusive property of Feist. You may not use any of the foregoing in any advertising, publicity or in any other commercial manner without the prior written consent of Feist.

(d) Any feedback, data, answers, questions, comments, suggestions, ideas or the like which you send to Feist relating to the Service will be treated as being non-confidential and non-proprietary. Feist may use, disclose or publish any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever.

(e) You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Feist or such advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service, in whole or in part.

16. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FEIST EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

(b) FEIST MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR CORRUPTION TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FEIST OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TOS.

17. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT FEIST SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FEIST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; AND/OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. NOTWITHSTANDING ANYTHING TO CONTRARY HEREIN, FEIST'S MAXIMUM AGGREGATE LIABILITY TO YOU UNDER THIS TOS WILL BE LIMITED TO THE TOTAL AMOUNTS PAID BY YOU TO FEIST FOR THE IMMEDIATELY PRIOR TWO (2) MONTH PERIOD.

18. EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 16 AND 17 MAY NOT APPLY TO YOU. HOWEVER, FOR PURPOSES OF THIS TOS AND ALL MATTERS RELATED TO THE SERVICE, YOU AGREE THAT THE LAWS OF THE STATE OF KANSAS SHALL GOVERN.

19. NOTICE

Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to this TOS or other matters by displaying notices or links generally on the Service.

20. SUCCESSORS AND PERMITTED ASSIGNS

This TOS shall be binding upon and inure to the benefit of the parties hereto and their respective successors, permitted assigns, heirs and personal representatives. Feist may assign this TOS and any portion of any right, title, interest or obligation hereunder. You may not assign this TOS.

21. SURVIVAL

The obligations, covenants, agreements, representations, warranties and indemnifications included or provided for herein or in other document delivered pursuant to this TOS shall survive the execution of the Order and shall be in full force and effect during and after the Term.

22. COMPLIANCE

You agree that, during the Term of this TOS, you shall lawfully operate and advertise your business, which lawful operation and advertisement shall include, without limitation, obtaining and maintaining any and all registrations, licenses or certifications for your business required by local, city, county, state, and federal law and paying all local, city, county, state and federal taxes, including, without limitation, all sales taxes, use taxes, transfer taxes and/or documentary taxes applicable to your business.

23. ATTORNEY FEES

You agree that if Feist is required by your conduct to bring suit or other action to enforce any provision of this TOS, Feist shall be entitled to reimbursement by you (and you shall so reimburse Feist) for all reasonable costs and attorneys' fees incurred.

24. GENERAL INFORMATION

This TOS, the Connect Products Privacy Policy, the Order and the agreement referenced in Section 13(d) herein collectively and as amended from time-to-time in Feist's sole discretion, constitute the entire agreement between you and Feist and governs your use of the Service, superceding any prior agreements between you and Feist (including, without limitation, any prior versions of this TOS). This TOS and the relationship between you and Feist shall be governed by the laws of the State of Kansas without regard to its conflict of laws provisions. You and Feist agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Sedgwick, Kansas. The failure of Feist to exercise or enforce any right or provision of this TOS shall not constitute a waiver of such right or provision. If any provision of this TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision and the other provisions of this TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service and/or this TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in this TOS are for convenience only and have no legal or contractual effect.

25. VIOLATIONS

Please report any violations of this TOS to: abuse@myconnectbuilder.com.