Read These Terms of Use Agreement Before Accessing Website.

Effective Date: This Terms of Use Agreement was last updated on 1/3/2008.

Welcome to Media Syndicates.com On demand Email Marketing Services. Media Syndicates provides the MediaSyndicates.com service to you as a Registered Member, subject to the following Terms of Service and Use (“TOSU”). This Terms of Service and Use Agreement set forth the standards of use of the Media Syndicates.com Online Service for Registered Members. By using the www.MediaSyndicates.com website you (the “Member”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. The Terms of Service and Use may be updated by Media Syndicates from time to time and with out notice. You may review the latest revision of MediaSyndicates “Terms of Service and Use” by visiting. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately. You may review the latest version of the TOSU by visiting www.MediaSyndicates.com/TOSU.html. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

1. Description of Service

Media Syndicates.com is providing Member with On Demand Email Marketing Services. Member must provide (1) all equipment necessary for their own Internet connection, including computer and legal software and (2) provide for Member’s access to the Internet, and (3) pay any fees related with such connection.

2. Disclaimer of Warranties.

The site is provided by Media Syndicates.com on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, Media Syndicates.com makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. Media Syndicates.com shall have no liability for any interruptions in the use of this Website. Media Syndicates.com disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. No advice or information obtained by you from MediaSyndicates.com or through this service whether oral or written will create a warrantee not expressly stated in the TOSU. Some jurisdictions do not allow the exclusion of implied warranties; therefore the above-referenced exclusion may not be inapplicable in those jurisdictions.

3. MediaSyndicates.com Privacy Policy

MediaSyndicates.com may disclose to third parties certain composite information contained in your Registration Data or in related data, provided that such information will not include personally identifying information, except as specifically authorized by you or except as reasonably necessary to (i) comply with legal requirements, (ii) enforce the TOSU, or (iii) take action under any of the circumstances set forth in MediaSyndicates.com’s privacy policy, as amended from time to time. MediaSyndicates.com’s full privacy policy is located at www.MediaSyndicates.com/privicy.html

4. Limitation of Liability

Media Syndicates.com SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR MEDIA SYNDICATES.COM SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF MEDIA SYNDICATES.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.

5. Indemnification

Member agrees to indemnify and hold MediaSyndicates.com, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member’s computer, of any intellectual property or any other right of any person or entity.

You are solely liable and responsible for any claim or demand made by a third party due to or arising out of your Content, your use of the Service, your connection to the Service, your violation of the TOSU, or your violation of any rights of another.

You are responsible for protecting the security of any access security device, including your user name and password. You agree to keep all access security devices and means to attain an access security device confidential to prevent unauthorized access to your account and to prevent unauthorized use of the service. In the event you believe the security of your access security device is compromised, you must change the components of the device. It is your obligation to inform us if you believe unauthorized use has occurred. We can cancel your access to this service at our discretion and without prior notification.

6. Obligations of Registered Users

In consideration of your use of the Media Syndicates service, you will: (a) provide true, accurate, current and complete information about your company, organization, and yourself as prompted by the MediaSyndicates registration form (i.e. – the Registration Data), and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. Failing to do so may result in suspension, termination, or denial of access to the MediaSyndicates.com site and its’ described services.

You are solely responsible and liable for all information, data, text, software, music, sound, photographs, graphics, video, messages, images, links, email addresses, email lists or other materials (collectively "User Content"), whether publicly posted or privately transmitted, that you upload, post, link to or transmit via this Service. MediaSyndicates.com does not (i) control the Content users post via the Service, or (ii) guarantee the accuracy, integrity, or quality of such Content. In using the Service, you will not, whether intentionally or unintentionally:

(a) Upload, post, link to or transmit any Content, regardless of whether such Content actually violates applicable statutes or other laws, that (i) is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, racially or ethnically offensive, or otherwise objectionable, (ii) depicts sexual acts or conduct, whether involving minors or adults, and whether implicit or explicit, the primary appeal of which is prurient, or (iii) contains sexually-oriented material that, in the specific context, is offensive or otherwise inappropriate;

(b) Harm anyone in any way, including minors;

(c) Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

(d) Upload, post, or transmit any Content (i) to which you do not have the requisite rights, (ii) that infringes any patent, trademark, trade secret, copyright, or other proprietary right of any party, (iii) that constitutes unsolicited or unauthorized advertising, promotional material, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation, or (iv) that contains software viruses or any other computer code, files, or programs designed to interrupt, limit the functionality of, or otherwise adversely affect any computer software or hardware or any telecommunications equipment;

(e) Interfere with or disrupt the Service, or the servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service;

(f) Violate any applicable local, state, national, or international law;

(g) Collect or store personal data about other users;

(h) Promote or provide instructional information about illegal activities, promote harm or injury against any group or individual, or promote any act of cruelty, whether to animals, plants or otherwise;

(i) Violate any aspect of the CAN-SPAM Act of 2003 or any other state, federal or International law to send non-compliant email solicitations over the Internet; including; obtaining, harvesting or buying, illegally and or unethically obtained email addresses when used in conjunction with the MediaSyndicates system and software.

7. Modifications to Services

MediaSyndicates.com reserves the right to at any time; modify, suspend, or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. MediaSyndicates.com will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service. MediaSyndicates.com reserves the right to charge monthly fees for any Service. You will be given thirty days notice prior to the assessment of any fees.

8. MediaSyndicates Proprietary Rights

The MediaSyndicates.com services and any software provided by MediaSyndicates.com in connection with the use of this Service and its "Software" contain proprietary or confidential information that is protected by applicable intellectual property and other laws. Further, Content contained in syndicated sponsor articles and or advertisements or other information available to you through the MediaSyndicates Service is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Except as expressly authorized by MediaSyndicates.com, you will not modify, rent, lease, loan, sell, distribute, or create derivative works based on this Service or its Software, in whole or in part. MediaSyndicates.com grants you a limited, personal, non-transferable, non-exclusive license to use this service on a single computer (the computer you are using at a specific time), provided that with respect to such Service or its Software you do not (and do not allow any third party to) copy, modify, sell, sublicense or otherwise transfer, create a derivative work of, reverse engineer, decompile, reverse assemble or otherwise attempt to discover any source code (except as expressly permitted by local laws), or grant a security interest in or otherwise assign any right. You will not use modified or unauthorized versions of the Software for any purpose, including for the purpose of obtaining access to the Service; you will not access the Service or its Software by any means other than through the interface that is provided by MediaSyndicates.com for such use.

9. Members Account

All Members of the Service shall receive a password and an account. Members are entirely responsible for any and all activities which occur under their account whether authorized or not authorized. Member agrees to notify Media Syndicates.com of any unauthorized use of Member’s account or any other breach of security known or should be known to the Member. Member’s right to use the Service is personal to the Member. Member agrees not to resell or make any commercial use of the Service without the express written consent of Media Syndicates.com.

10. Modifications and Interruption to Service

Media Syndicates.com reserves the right to modify or discontinue the Service with or without notice to the Member. Media Syndicates.com shall not be liable to Member or any third party should Media Syndicates.com exercise its right to modify or discontinue the Service. Member acknowledges and accepts that Media Syndicates.com does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

11. Third-Party Sites

Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties’ sites.

12. Disclaimer Regarding Accuracy of Vendor Information

Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While Media Syndicates.com makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.

Media Syndicates.com makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.

13. Governing Jurisdiction of the Courts Utah

Our website is operated and provided in the State of Utah. As such, we are subject to the laws of the State [Insert State], and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State Utah.

14. Compliance with Laws.

Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. 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.

15. Copyright and Trademark Information

All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2008 Media Syndicates.com, will all rights reserved, or is the property of Media Syndicates, LLC and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Media Syndicates.com is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Media Syndicates.com.

Media Syndicates.com™ and Media Syndicates.com.™ are proprietary marks of Media Syndicates.com. Media Syndicates.com’s trademarks may not be used in connection with any product or service that is not provided by Media Syndicates.com, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Media Syndicates.com.

All other trademarks displayed on MediaSyndicates.com’s website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Media Syndicates.com.

16. Notification of Claimed Copyright Infringement

Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Media Syndicates.com.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement.

By Mail
Media Syndicates, LLC
2001 S 2300 E, SLC, UT 84108
By Telephone: 801 303 8822
By Email: Legal@MediaSyndicates.com

17. Botnets

Media Syndicates.com retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, Media Syndicates.com reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.

18. General

The TOSU constitutes the entire agreement between you and MediaSyndicates.com governing the Service, although you may also be subject to additional terms and conditions when you use affiliate or other MediaSyndicates.com services, third-party content, or third-party software. The TOSU supersedes any prior communications, understandings, statements, or agreements between you and MediaSyndicates.com; further, the latest version of the TOSU supersedes any prior versions of the TOSU. (b) The TOSU and the relationship between you and MediaSyndicates.com will be governed by the laws of the State of Utah without regard to its conflict of law provisions. You and MediaSyndicates.com hereby submit to the personal and exclusive jurisdiction of the courts located within the county of Salt Lake, Utah. (c) The failure of MediaSyndicates.com to exercise or enforce any provision of the TOSU will not constitute a waiver of such provision. (d) If any provision of the TOSU is found by a court of competent jurisdiction to be invalid, the court should nevertheless give effect to the parties' intentions as reflected in the provision, and allow the other provisions of the TOSU to remain in full force and effect. (e) Any claim or cause of action arising out of or related to the Service or the TOSU must be filed within one year after such claim or cause of action first arises; otherwise, such claim or cause of action is forever barred, regardless of any statute or law that otherwise would provide to the contrary. All violations of the TOSU should be immediately reported by contacting Legal@mediasyndicates.com.

19. Other Terms

If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Media Syndicates.com, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Service and Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Terms of Service and Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy.