SURVEY-WEB TERMS OF USE AGREEMENT

SERVICES - Survey-Web agrees to provide web based survey hosting, and related services to the Customer, subject to the following terms and conditions.

CONTENT AND INDEMNIFICATION - Customer acknowledges that Survey-Web does not regulate or take any responsibility for the content of information, files, images, or other communication transmitted to or by Survey-Web. The Customer warrants that it has all rights necessary to lawfully submit any information or materials that it is uploading or transmitting to Survey-Web, including all intellectual property rights, and Customer agrees not to publish or transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, or racially or ethnically derogatory content, or any content expressing hate towards any person or groups of persons due to race, religion, color, creed, national origin or sexual orientation. The Customer agrees to indemnify Survey-Web against actions brought by a third party as a result of such material or information, or as a result of Customer's use in any way of the Services provided by Survey-Web.

TERMINATION - In the event that Survey-Web at any time reasonably believes that the Customer is in breach of any of the terms and conditions contained in this agreement or is using Survey-Web services in an unacceptable manner, Survey-Web may immediately terminate this agreement without liability. Survey-Web may terminate this contract with 30 days notice to Customer for any reason or for no reason. Customer may terminate this contract at any time by notifying Survey-Web. At the time of notification, Customer shall be responsible for the entire amount of the most recent statement and any excess usage charges at the time of termination.

NO WARRANTIES - Survey-Web makes no warranties of any kind, whether express or implied, for the services to be provided hereunder. Customer agrees that Survey-Web shall not be liable for any losses or damages of any kind to Customer, including, but not limited to, those that may result from service interruptions, delays, non-deliveries, or mis-deliveries. Additionally, Survey-Web makes no warranties regarding its ability to recover any lost data, lost files, or other information, regardless of how or why the file was lost.

BILLING POLICIES - Service invoices will be sent to Customer in advance of receiving services and will be in accordance with the Billing policies and service rates as set forth on the Survey-Web Rates page. Customer agrees to submit payment in US funds for all statements upon receipt. Accounts 30 days past due are subject to suspension or termination and a service resumption fee. Cancellation of an account will result in deletion of all of Customer's files, including email. Customer agrees that submission of credit card information to Survey-Web constitutes authorization by Customer for Survey-Web to bill the specified credit card for all fees owed by customer to Survey-Web.

AMENDMENTS - Survey-Web reserves the right to make amendments or changes to this agreement with 30 days notice to Customer.

ACCEPTANCE OF TERMS - Use of Survey-Web services constitutes acceptance of the terms and conditions contained in this agreement and any amendments thereto.

LITIGATION AND ATTORNEY'S FEES - In the event of any dispute arising out of or relating to this agreement, such dispute shall be resolved in Riverside, California and the prevailing party in any such dispute shall be entitled to reasonable costs, including collection costs, and attorney's fees.

ENTIRE AGREEMENT AND SEVERABILITY - This represents the complete agreement and understanding between Survey-Web and Customer with respect to the subject matter herein. In the event that any term or provision of this agreement is held by a court to be unenforceable, then the remaining provisions shall remain in full force and effect.