Email Express Direct® provides its Services to you ("the User"), subject to the following Terms of Service ("TOS"), which may be modified from time to time without notice to you. 1.0 End User License Agreement The Terms of Service provided to you ("the User") in this agreement will govern the access and use of the Email Express Direct (doing business as Advanced Media Productions, Inc.) services and any other operating rules or policies that may be published by Email Express Direct. Email Express Direct grants to the User a non-exclusive right to the use of a variety of tools to create a user account, email communications and manage email marketing campaigns, during the term of this TOS. The User is not granted a license to any software by this TOS. By completing the registration form and clicking the "I accept the Terms of Service" box on the sign-up page, you are indicating that you accept all of the terms and conditions of the Terms of Service. 2.0 Services Description Email Express Direct offers its services on an "as is" basis. Email Express Direct will provide the User with the capability to create, store and send electronic mail ("email") via the Internet. In consideration for this Service, the User agrees to: (1) provide certain current, complete, and accurate information about the User as prompted to do so by the Service, (2) maintain and update this information as required to keep it current, complete and accurate. All information requested on original sign up shall be referred to as registration data ("Registration Data"). If any information provided by the User is inaccurate, Email Express Direct retains the right to terminate the User's account and rights to use the Service. The User acknowledges and agrees that Email Express Direct neither endorses the contents of any User's Services or Products or User's Subscriptions nor assumes responsibility for any threatening, libelous, obscene, illegal, pornographic, harassing or offensive material contained therein, any infringement of third party intellectual property rights arising there from or any crime facilitated thereby. The User acknowledges and agrees that certain technical processing of email messages and their content may be required to: (1) send and receive messages; (2) embed targeted advertisements; (3) conform to connecting networks' technical requirements; (4) conform to the limitations of the Service; or (5) conform to other similar requirements. In addition, the User agrees to the following: User certifies that User holds the copyright to message contents. User agrees to allow Email Express Direct to use User's email address and domain name for responses. User agrees to allow Email Express Direct to audit email address lists and messages for quality and compliance purposes. Email Express Direct will maintain list confidentiality on a best-effort basis only. Email Express Direct cannot guarantee delivery of messages for various reasons. Email Express Direct reserves the right to reschedule email delivery. 3.0 Eligibility The Email Express Direct services are available to individuals who are eighteen (18) year of age as well as corporations and other organizations who can form legally binding contracts under applicable law. Users who do not qualify are not permitted to use the Service. 4.0 Registration The User must complete the registration form on the Sign Up page in order to use the Services. The User will provide true, accurate, current information as requested in the sign up form. Email Express Direct retains the right to terminate the User's account and rights to use the Services if there are reasonable grounds to believe that any data provided is or becomes untrue, inaccurate, not current or incomplete. Email Express Direct reserves the right to refuse registration of, or cancel, accounts it deems inappropriate. 5.0 User Account, Password and Security The User is responsible for maintaining the confidentiality and security of the user account, password, and files. Furthermore, the User is entirely responsible for any and all activities that occur under its user name and password. The User is to immediately notify Email Express Direct of any unauthorized use of the account or any breach of security. 6.0 Modifications To Terms Of Service Email Express Direct reserves the right to change the TOS at anytime, effective upon posting of the modified provision on the Email Express Direct web site. The User is responsible for regularly reviewing these terms and conditions. Continued use of Email Express Direct after such changes have been made shall constitute the User's consent to such changes including changes in fees. Email Express Direct does not and will not assume any obligation to notify User of any changes to the TOS. If at any time, User disagrees with the terms and conditions of the TOS, User may terminate the Service. 7.0 Modifications To Terms Of Service The User represents, warrants, covenants that use of the Services will only be in compliance with this TOS and all applicable laws. With regard to email campaigns, the User specifically agrees not to: Send unsolicited bulk email, for commercial or non-commercial purposes, chain letters or any use of email address lists to any person who has not given specific permission to be included in such a process. Use the Services for any unlawful purposes. Harass, threaten, embarrass or cause distress, unwanted attention or discomfort to a person or entity. Send, submit, or publish any sexually explicit images or material that is grossly offensive to the Web community, including blatant expressions of bigotry, racism, hatred, or profanity or any other images or material deemed by Email Express Direct to be offensive. Send, submit or publish any defamatory, inaccurate, abusive, obscene, profane, or threatening material which is racially or ethnically offensive or which infringes upon the right of any third party, as determined by Email Express Direct. Encourage the use of any controlled substance, transmission of material, information or software in violation of any local, state or federal law. Impersonate any person, including but not limited to, an official of Email Express Direct or an information provider, or communicate under a false name or a name that the User is not entitled or authorized to use. Upload, post or reproduce in any manner any material protected by copyright without the permission of the copyright owner. Send content that promotes or provides instructional information about illegal activities, or promotes physical harm or injury against any group or individual. Send content that contains links to web pages that contain nudity, sex, pornography, tasteless images, foul language, hate propaganda, anything illegal, illegal software, serial numbers for unlocking software, mail fraud, pyramid schemes or content that is otherwise insulting to another person(s). Attempt to gain unauthorized access to other computer systems. The user agrees that all email campaigns initiated from Email Express Direct comply with the rules laid out in the CAN-SPAM Act of 2003. The anti-spam law: Prohibits the presentation of misleading information in the subject line, from field, headers, return addresses, etc. Use a subject line that accurately reflects the content of the message, a legitimate message header and valid From address. Requires that the sender’s valid, physical address and working phone number be clearly listed in the content of the email message. Requires that the email broadcast system operates a working unsubscribe system with clearly marked unsubscribe link and instructions that makes it easy for recipients to unsubscribe from the email address list for up to 30 days after the broadcast date. Implicates not only spammers, but also those who procure their services. Requires that all commercial, promotional email messages are clearly marked is advertising, unless recipients have previously opted in. Criminalizes transmission of sexually-oriented e-mail messages without clear markings. Makes it illegal to send messages to email addresses that have been harvested from websites. Includes both criminal and civil penalties and allows suits by the Federal Trade Commission (FTC), State Attorneys General, and Internet Service Providers. To learn more details about the CAN-SPAM Act of 2003 visit www.spamlaw.com. The User agrees not to directly or indirectly reverse engineer, decompile, disassemble, or otherwise attempt to discover source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Services of any software, documentation, or data related to the Services. The Services shall be used for the Users own internal business purposes only. 8.0 Account Use And Storage Email Express Direct stores account information, email address lists, email messages, campaign statistics and other information in its databases for the User. Email Express Direct has established general practices and limits concerning the use of the of disk storage space that will be allotted to each User and the maximum size of campaigns sent through the broadcast system. Email Express Direct has no responsibility or liability for the deletion or failure to store any messages, content or other information maintained or transmitted through the Service. If the User does not log into its account for more than 90 days, the account will become inactive. When an account is inactive, Email Express Direct, at its sole discretion, will notify the User by email. Inactive accounts have 30 days to become active or the account and its data may be permanently removed from the Email Express Direct databases. 9.0 Payment User agrees to pay all applicable charges as described in the TOS, including any applicable taxes or charges imposed by a state or government entity. Email Express Direct may change its minimum pricing at any time. All fees are payable in US dollars. 9.1 Self Service Subscription Plan If User selects the monthly Self Service Subscription Plan, the user will be billed monthly on the day of the month which their account was created, in advance, according to the Self Service Subscription Plan fee schedule, for the services, data storage and broadcast of up to the specified maximum number of emails per month as defined in the plan. Such monthly charges continue until User changes the plan or discontinues the Service. The Self Service Subscription Plan and fee schedule are subject to change at any time. Payments for the monthly Self Service Subscription Plan will be made by a valid credit card accepted by Email Express Direct. If User chooses the Self Service Subscription Plan, User automatically authorizes Email Express Direct to charge User’s credit card monthly for the amount due on the same day of the month the account was created. If Email Express Direct, for any reason, is unable to charge User’s credit card for the monthly amount due, User’s account will be disabled until payment is received. Amounts paid for the Services are not refundable. The User is responsible for reviewing the pricing and remaining aware of the fees charged by Email Express Direct. If User decides to select another plan that results in an increase or decrease of the monthly subscription fee, this change will be effective at the User's next account anniversary date. In the event that the User decides to terminate the account, the termination will be effective upon the User's next anniversary date provided that such monthly anniversary date is not less than 3 business days from the Users monthly anniversary. If it is less than 3 business days from the Users monthly anniversary date, then the User will be charged the monthly subscription fee and such services will be available to the User for one more month. 9.2 Pay-As-You-Go Plan If User selects the Pay-As-You-Go Plan at the time of sign-up, User will be charged for the number of email messages sent per campaign. User will be billed each time a campaign is scheduled. Payment for services performed in accordance to the Pay-As-You-Go rate chart in effect at the time the campaign is run and will be made by a valid credit card accepted by Email Express Direct. If User chooses the Pay-As-You-Go Plan at the time of sign-up, User automatically authorizes Email Express Direct to charge User’s credit card for the amount due at the time of scheduling for each campaign. Amounts paid for the Services are not refundable. The User is responsible for reviewing the pricing and remaining aware of the fees charged by Email Express Direct. 9.3 Free Trial Any User may sign-up for a free trial and use the Email Express Direct tools to create email communications online and broadcast up to 30 email messages per month free of charge. User will be prompted to sign up for paid services (Self Service Subscription Plan or Pay-As-You-Go Plan) when the scheduled broadcast exceeds the free subscription limit of 30 email message per month. The subscriber limits to a free trial are subject to change at any time. 9.4 Message Delivery User agrees to pay for all email messages sent through the Email Express Direct email broadcast system, regardless of whether delivery of such messages to their intended recipients is prevented or blocked by filter software on the recipients computer or any third party. 10.0 Termination Either Email Express Direct or User may terminate the Service with or without cause at any time by sending an email message to support@emailexpressdirect.com or by sending written notice to Email Express Direct, 251 West Central Street, Suite 28, Natick, MA 01760. The termination of the Service by either party will not affect (i) the User obligation to pay the charges incurred for services consumed, or (ii) Email Express Direct's responsibility to return the User's funds for services not consumed in the event that the User has prepaid for services for a period greater than one month. Email Express Direct will remove any of User's archived data within 30 days after the date of termination. All terms of the TOS which by their nature survive termination, will survive termination, including without limitation, ownership, warranty disclaimers and limitations of liability. Upon termination by Email Express Direct, the User's right to use the Services will terminate immediately. The User acknowledges and agrees that Email Express Direct may remove the User's files and information. 11.0 Disclaimer Of Warranties User expressly agrees that use of the Service is at User's sole risk. The Service is provided on an "as is" and "as available" basis. Email Express Direct expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability and fitness for a particular purpose. Email Express Direct makes no warranty that the Service will meet User's requirements, or that the Service will be uninterrupted, timely, secure, or error free, or that any defects or errors in Email Express Direct will be corrected, or that Email Express Direct is compatible with any particular computer platform, nor does Email Express make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service. User also agrees that any material and/or data downloaded or otherwise obtained through the use of the Service is done at User's own discretion and risk and that User will be solely responsible for any damage to User's computer system or loss of data that results from the download of such material and/or data. Email Express Direct makes no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service. No advice or information, whether oral or written, obtained by User from Email Express Direct or through the Service shall create any warranty not expressly made herein. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to User. 12.0 Limitation Of Liability In no event will Email Express Direct be liable to User or any third party for any direct, indirect, incidental, special or consequential damages, resulting from the use or the inability to use the Service or for cost of procurement of substitute goods and services or resulting from any goods or services purchase or obtained or messages received or transactions entered into through the Service or resulting from unauthorized access to or alteration of User's transmissions or data, including but not limited to, damages for loss of profits, use, data or other intangible, even if Email Express Direct has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to User. 13.0 Indemnification User agrees to indemnify and hold Email Express Direct, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Users's use of the Service, the violation of this TOS by User, or the infringement by User, or other user of the Service using User's computer, of any intellectual property or other right of any person or entity. 14.0 Miscellaneous This TOS is expressly made subject to any laws, regulations, orders, or other restrictions on the export from the United States of America of Email Express Direct or information about such software which may be imposed from time to time by the government of the United States of America. User shall not export Email Express Direct, the documentation, or information about Email Express Direct, and the documentation without consent of Email Express Direct and compliance with such laws, regulations, orders, or other restrictions. Any waiver by either party of any default or breach hereunder shall not constitute a waiver of any provision of this TOS or of any subsequent default or breach of the same or a different kind. This TOS constitutes the entire TOS, supersedes all prior agreements, and changes are only effective when in writing and signed by both parties. User acknowledges that the software, algorithms and other processes used to provide the Services, the content (other than content owned by the user or any third party), user names, passwords, look, feel and functionality of the Services are the property of Email Express Direct or in the case of services being offered by Email Express Direct's partners under approved distribution agreements, the property of Email Express Direct's partners. These terms and conditions represent the complete, final and exclusive agreement between Email Express Direct and the User, and supersede and merge all prior oral, written or electronically transmitted agreements, representations and understandings between Email Express Direct and the User. The laws of the State of Massachusetts will govern this TOS. If any of the provisions of this TOS is determined by a court to be void, invalid, unenforceable or illegal, the enforceability of the other provisions of this TOS will not be affected.