Service Contract

1. ACCEPTANCE AND ACKNOWLEDGEMENT OF TERMS OF SERVICE

The @Gratis services and software (in sum, "Service") is provided to you ("Member") under the terms and conditions of this @Gratis Terms of Service agreement (@GTS) and any operating rules or policies that may be produced by @Gratis. The Service is owned and operated by @Gratis ("@Gratis"). The @GTS constitutes the entire agreement between Member and @Gratis and annuls all prior agreements between the parties regarding the subject matter contained herein.

2. DESCRIPTION OF SERVICE

@Gratis Service is furnishing Member with the following capabilities: To send and receive @Gratis electronic mail ("email"); to provide Member with access to important sites on the World Wide Web using the @Gratis Browser Default Startup Page; to provide links to free services to the World Wide Web using @Gratis Best of the Web; to receive the @Gratis A Joke A Day email; to use the @Gratis Infonizer Personal Information Manager (PIM); to use the @Gratis Portable Memory to store personal information; to use the Email Reminder to be reminded of events before they occur; to use the @Gratis Medical Emergency Life Card, which provides Member with a wallet-sized card complete with Internet address and toll-free phone number where @Gratis database stores the important information; to use the Internet Watch which provides the police and fire authorities, as well as neighbors, friends and relatives, with important information about your property and allows the authorities and/or your neighbor to access information and take necessary actions; and to use the Web Answering Machine that allows Member to record an Internet address on your answering machine or voice mail. The @Gratis Service uses the World Wide Web and @Gratis’s own system. @Gratis offers these services free to Member, subject to the terms and conditions of the @GTS. @Gratis grants Member a non-exclusive, non-transferable, limited license to use any software delivered by @Gratis to Member for using the Service solely for such purpose and for the term of this agreement.

3. MEMBER'S RESPONSIBILITIES:

Member agrees to: (1) Provide accurate, complete and current information about Member as instructed to do so by the Service and (2) update and maintain this information as required to keep it current, complete and accurate. All information given upon original sign up shall be referred to as registration data ("Registration Data"). In addition, Member grants @Gratis the right to disclose to third parties certain Registration Data about Member and Service membership in the aggregate; nevertheless, such disclosures will exclude Member's name, mailing address, account number, email address and phone number information unless: (1) Member expressly instructs @Gratis, or any other person Member, to disclose such information through the Service as provided by the Service or (2) @Gratis is required to disclose such information by any applicable law, agency or legal process. @Gratis retains the right to terminate Member’s membership and rights to use the Service if any information provided by Member is inaccurate. Member must allow for the reception of text and banner ads placed by @Gratis and in no way is Subscriber allowed to impede the vision of such banner ads, whether it may be by software or by any other means. It is the obligation of Member to (1) provide own access to the World Wide Web including paying any telephone or other connection and service charges associated with such access. (2) Member is responsible for all equipment and software necessary to connect to the World Wide Web, including computer and modem.

4. @GRATIS’S PRIVACY POLICY

It is the policy of @Gratis to respect the privacy of its Members. @Gratis will not monitor, edit or disclose the contents of a Member’s private communications or records unless required to do so by law or in the good faith belief that such action is necessary to: (1) conform to law, judicial or agency order or other like instructions; (2) protect and defend the rights or property of @Gratis; (3) act under demanding circumstances to protect the personal safety of its members or the public or (4) as @Gratis determines is reasonably necessary for the maintenance of the Service.

MEMBER ACKNOWLEDGES AND AGREES THAT @Gratis DOES NOT ENGAGE IN MONITORING OR EXERCISING EDITORIAL CONTROL OVER ANY MESSAGES, OR ANY INFORMATION DATA SENT, OR STORED IN THE SERVICE AND THAT @Gratis SHALL NOT BE LIABLE FOR FAILURE TO SO MONITOR OR EDIT. Member further acknowledges and agrees that @Gratis neither endorses the contents of any Member communications nor assumes responsibility for any threatening, libelous, obscene, harassing or offensive material contained therein, any infringement of third party intellectual property rights arising therefrom or any crime facilitated thereby.

Member acknowledges and agrees that certain technical processing of data stored and email messages and their contents may be required to: (1) send and receive messages; (2) conform to connecting networks’ technical requirements; (3) conform to the limitations of the Service; or (4) conform to other similar requirements. Member acknowledges that such processing and alteration are automated and do not constitute the exercise of editorial control over the messages or the monitoring of message content.

5. LIMITATION OF LIABILITY

@Gratis WILL NOT BE LIABLE FOR ANY DIRECT OR 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 PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATIONS OF MEMBER'S TRANSMISSIONS OR DATA INCLUDING BUT NOT LIMITED TO DAMAGE FOR LOSS OF PROFITS, INTERRUPTION OF BUSINESS, OR ANY SPECIAL INCIDENTAL, OF ANY KIND USE, DATA OR OTHER INTANGIBLE, EVEN IF @Gratis HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, OR NOT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY, OR OTHERWISE.

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 MEMBER.

6. DISCLAIMER OF WARRANTIES

MEMBER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT MEMBER’S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

@Gratis MAKES NO WARRANTY THAT THE SERVICE WILL MEET MEMBER’S REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES @Gratis 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 OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.

@Gratis EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

MEMBER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT MEMBER’S OWN DISCRETION AND RISK AND THAT MEMBER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO MEMBER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

@Gratis 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 MEMBER FROM @Gratis 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 MEMBER.

7. MEMBER ACCOUNT, PASSWORD AND SECURITY

Member is entirely responsible for maintaining the confidentiality of Member’s password and account. Furthermore, Member is entirely responsible for any and all activities which occur under Member’s account and agrees to indemnify, defend and hold harmless @Gratis for any liability or expense arising from such use or misuse. Member agrees to immediately notify @Gratis of any unauthorized use of Member’s account or any other breach of security known to Member.

Member may change his or her password or icon by following instructions on the System; Member may also set up a new account and close an old one in accordance with directions on the System.

8.MODIFICATIONS TO TERMS OF SERVICE

@Gratis may change the terms and conditions of the @GTS from time to time. In the event that a change is made to the terms and conditions of the @GTS, @Gratis will notify Member prior to Member’s subsequent use of the Service by posting the changes as a start-up screen. Member must click on the "Log In" button to accept and be bound by the modifications of Service. Continued use of the Service by Member establishes an acceptance by Member of the @GTS to include without limitation any modifications or changes thereto.

9.MODIFICATIONS TO THE SERVICE

@Gratis reserves the right to modify or discontinue the Service or any portion thereof, with or without notice to Member. @Gratis shall not be liable to Member or any third party should @Gratis exercise its right to modify or discontinue the Service.

10.NO RESALE OR COMMERCIAL USE OF THE SERVICE

Member’s right to use the Service is personal to Member. MEMBER MAY ONLY BE AN INDIVIDUAL: Member may not be a corporation or other business entity. Member agrees not to resell or make any commercial use of the Service without the express consent of @Gratis.

11. SERVICE MESSAGES DELIVERY, STORAGE AND OTHER LIMITATIONS

@Gratis assumes no responsibility for the deletion or failure to store, deliver or timely deliver email messages or for missing and/or incorrect information or for outdated or missing links. @Gratis has set no fixed upper limit on the number of messages or the number or records a Member may send or receive throughout the Service; however, @Gratis retains the right, at @Gratis’s sole discretion, to determine whether or not Member’s conduct is consistent with the letter and spirit of the @GTS and may terminate Service if a Member’s conduct is found to be inconsistent with the @GTS.

@Gratis reserves the rights to set limits on number of messages or their storage requirements.

12. MEMBER CONDUCT

Member agrees: (1) not to interfere or disrupt networks connected to the Service; (2) to comply with U.S. law regarding the transmission of technical data exported from the United States through the Service; (3) not to use the Service for illegal purposes; and (4) to comply with all regulations, policies and procedures of networks connected to the Service. Member is solely responsible for the contents of his or her transmissions through the Service. Member’s use of the Service is subject to all applicable local, state, national and international laws and regulations.

The Service makes use of the Internet to send and receive certain messages, to browse the Internet for information and to store and retrieve personal data. Therefore, Member’s conduct is subject to Internet regulations, policies and procedures. Member will not use the Service for chain letters, junk mail, spamming or any use of distribution lists to any person who has not given specific permission to be included in such a process.

Member agrees not to transmit through the Service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. Attempts to gain unauthorized access to other computer systems are prohibited.

Member shall not interfere with another Member’s use and enjoyment of the Service or another entity’s use and enjoyment of similar services.

@Gratis MAY, AT ITS SOLE DISCRETION, IMMEDIATELY TERMINATE SERVICE SHOULD MEMBER’S CONDUCT FAIL TO CONFORM WITH THESE TERMS AND CONDITIONS OF THE @GTS

13. INDEMNIFICATION

Member agrees to indemnify and hold @Gratis, 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 Member’s use of the Service, the violation of this @GTS by Member, or the infringement by Member, or other user of the Service using Member’s computer, of any intellectual property or other right of any person or entity.

14. TERMINATION

Either Member or @Gratis may terminate the Service with or without cause at any time and effective immediately. Termination shall be accompanied by a written notice to the other party. @Gratis shall not be liable to Member or any third party for termination of Service.

Should Member object to any terms and conditions of the @GTS or any subsequent modifications thereto or become dissatisfied with the Service in any way, Member’s only recourse is to immediately: (1) discontinue use of the Service; (2) terminate Service membership; and (3) notify @Gratis of termination.

Once Member terminates Service, Member’s right to use the Service and Software ceases immediately. Member shall have no right and @Gratis will have no obligation thereafter to forward any unread or unsent messages or to maintain any data information stored in our @Gratis system to Member or any third party.

15. NOTICE

All notices to a party shall be in writing and shall be made either via email or conventional mail. @Gratis may broadcast notices or messages through the Service to inform Member of changes to the @GTS, the Service or other matters of importance; such broadcasts shall constitute notice to Member.

16. PARTICIPATION IN PROMOTIONS OF ADVERTISERS

@Gratis assumes no liability, obligation or responsibility of Member participation in promotions of Advertisers showing their products on the Service. Member may participate in promotions of the Advertisers and enter into correspondence. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between the corresponding Member and the Advertiser.

17. PROPRIETARY RIGHTS TO CONTENT

Member acknowledges that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or email-distributed, commercially produced information presented to Member by the Service ("Content") by @Gratis or @Gratis’s suppliers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws; therefore, Member is only permitted to use this Content as expressly authorized by the Service or the Advertiser. Member may not copy, reproduce, distribute, or create derivative works from this Content without expressly being authorized to do so by the Service or the Advertiser. Except as expressly permitted by law, Member agrees not to disassemble or otherwise reverse engineer any of the software of the Service for any reason, or permit any third party to do so.

18. GENERAL

This Agreement shall for all purposes be governed by and interpreted in accordance with the laws of the State of Illinois as those laws are applied to contracts entered into and to be performed entirely in Illinois by Illinois residents. Any suit or proceeding arising out of or relating to this Agreement shall be commenced in a federal court in the State of Illinois and each party irrevocably submits to the jurisdiction and venue of such courts.

No right may be assigned, and no duty may be delegated, by either party under this Agreement except upon the written consent of the other party and any attempted assignment and delegation without such consent shall be void and without effect. Notwithstanding the foregoing, however, @Gratis shall be entitled to assign this agreement, and all rights and obligations hereunder, to a successor to all or substantially all of its assets, whether by sale, merger or otherwise. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective representatives, heirs, administrators, successors and permitted assigns except as otherwise provided herein.

If any provision(s) of the @GTS is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.

In the event any provision of this Agreement is held to be invalid or unenforceable, the valid or enforceable portion thereof and the remaining provisions of this Agreement will remain in full force and effect.

Any waiver (express or implied) by either party of any breach of this Agreement shall not constitute a waiver of any other or subsequent breach. No provision of the Agreement will be waived by any act, omission or knowledge of a party or its agents or employees except by an instrument in writing expressly waiving such provision and signed by a duly authorized officer of the waiving party.

Member and @Gratis agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

The section titles in the @GTS are solely used for the convenience of the parties and have no legal or contractual significance.