Terms of Use


USEMYBUSINESS TERMS OF USE


1. STATEMENT OF RIGHTS AND RESPONSIBILITIES

Usemybusiness provides online business listings that include, ads, and various
email services, subject to the following Terms of Use ("Terms"). By using the
Service in any way, you are agreeing to comply with the Terms. In addition, when
using particular Usemybusiness services, you agree to abide by any applicable
posted guidelines for all Usemybusiness services, which may change from time to
time. Should you object to any term or condition of the Terms, any guidelines,
or any subsequent modifications thereto or become dissatisfied with Usemybusiness
in any way, your only recourse is to immediately discontinue use of Usemybusiness.
Usemybusiness has the right, but is not obligated, to strictly enforce the Terms
through self-help, active investigation, litigation and prosecution.


2. CHANGES TO THIS AGREEMENT

We reserve the right, at our sole discretion, to change, modify or otherwise
alter these terms and conditions at any time. Such changes shall become
effective immediately upon the posting thereof. You must review this agreement
on a regular basis to keep yourself apprised of any changes. You can find the
most recent version of the Terms at:

http://www.usemybusiness.com/terms.aspx


3. DISPLAYING YOUR CONTENT AND INFORMATION

You understand that all messages, text, files, images, slogans, taglines,
mottos or other materials ("User Content") posted on, transmitted
through, or linked from the Service, are the sole responsibility of the
person from whom such User Content originated. More specifically, you are
entirely responsible for each individual item of User Content that
you post, email or otherwise make available via the Service. You understand that
Usemybusiness is not responsible for User Content made available through the
Service, and that by using the Service, you may be exposed to User
Content that is offensive, indecent, inaccurate, misleading, or otherwise
objectionable. Furthermore, the Usemybusiness site and User Content available
through the Service may contain links to other websites, which are completely
independent of Usemybusiness. Usemybusiness makes no representation or warranty
as to the accuracy, completeness or authenticity of the information contained
in any such site. Your linking to any other webites is at your own risk.
You agree that you must evaluate, and bear all risks associated with, the
use of any User Content, that you may not rely on said User Content, and that under
no circumstances will Usemybusiness be liable in any way for any User Content or for
any loss or damage of any kind incurred as a result of the use of any User Content
posted, emailed or otherwise made available via the Service. You acknowledge
that Usemybusiness does not pre-screen or approve User Content, but that
Usemybusiness shall have the right (but not the obligation) in its sole discretion
to refuse, delete or move any User Content that is available via the Service, for
violating the letter or spirit of the Terms or for any other reason.
For content that is covered by intellectual property rights, like logos and slogans
("IP content"), you specifically give us the following permission: you grant us a
non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to
display any IP content that you post on or in connection with UseMyBusiness
("IP License"). This IP License ends when you delete your IP content or your account.


4. THIRD PARTY CONTENT

The Usemybusiness site and User Content available through the Service may
contain features and functionalities that may link you or provide you with
access to third party content which is completely independent of Usemybusiness,
including web sites, directories, servers, networks, systems, information
and databases, applications, software, programs, products or services,
and the Internet as a whole.

Your interactions with businesses or individuals found on or through
the Service, including payment and delivery of goods or services, and any
other terms, conditions, warranties or representations associated with such
dealings, are solely between you and such businesses or individuals.
You should make whatever investigation you feel necessary or appropriate
before proceeding with any online or offline transaction with any of these
third parties.

You agree that Usemybusiness shall not be responsible or liable for any loss or
damage of any sort incurred as the result of any such dealings. If there is
a dispute between participants on this site, or between users and any third
party, you understand and agree that Usemybusiness is under no obligation to
become involved. In the event that you have a dispute with one or more
businessess that use the Service, you hereby release Usemybusiness, its
officers, employees, agents and successors in rights from claims, demands and
damages (actual and consequential) of every kind or nature, known or unknown,
suspected and unsuspected, disclosed and undisclosed, arising out of or in any
way related to such disputes or our service. If you are a California resident, you
waive California Civil Code Section 1542, which says: "A general release does
not extend to claims which the creditor does not know or suspect to exist in
his favor at the time of executing the release, which, if known by him must
have materially affected his settlement with the debtor."


5. PRIVACY

Your privacy is very important to us. We designed our Privacy Policy to make important
disclosures about how you can use UseMyBusiness to display your business and how we
collect and can use your User Content and information. We encourage you to read the
Privacy Policy, and to use it to help make informed decisions.
Our Privacy Policy is located at the following web address:

http://www.usemybusiness.com/privacy.aspx


Your use of the Usemybusiness website or the Service signifies acknowledgement
of and agreement to our Privacy Policy. You further acknowledge and agree that
Usemybusiness may, in its sole discretion, preserve or disclose your User Content,
as well as your information, such as email addresses, IP addresses, timestamps,
and other user information, if required to do so by law or in the good faith
belief that such preservation or disclosure is reasonably necessary to:
comply with legal process; enforce the Terms; respond to claims that any
User Content violates the rights of third-parties; respond to claims that contact
information (e.g. phone number, street address) of a third-party has been
posted or transmitted without their consent or as a form of harassment;
protect the rights, property, or personal safety of Usemybusiness, its users or
the general public.


6. CONDUCT

You agree not to post, email, or otherwise make available User Content:

a) that is unlawful, harmful, threatening, abusive, harassing, defamatory,
libelous, invasive of another's privacy, or is harmful to minors in any way;

b) that is pornographic or depicts a human being engaged in actual sexual conduct
including but not limited to (i) sexual intercourse, including genital-genital,
oral-genital, anal-genital, or oral-anal, whether between persons of the same or
opposite sex, or (ii) bestiality, or (iii) masturbation, or (iv) sadistic or
masochistic abuse, or (v) lascivious exhibition of the genitals or pubic area
of any person;

c) that harasses, degrades, intimidates or is hateful toward an individual or
group of individuals on the basis of religion, gender, sexual orientation,
race, ethnicity, age, or disability;

d) that violates the Fair Housing Act by stating, in any notice or ad for
the sale or rental of any dwelling, a discriminatory preference based on
race, color, national origin, religion, sex, familial status or handicap
(or violates any state or local law prohibiting discrimination on the
basis of these or other characteristics);

e) that violates federal, state, or local equal employment opportunity
laws, including but not limited to, stating in any advertisement for
employment a preference or requirement based on race, color, religion,
sex, national origin, age, or disability.

f) with respect to employers that employ four or more employees, that
violates the anti-discrimination provision of the Immigration and
Nationality Act, including requiring U.S. citizenship or lawful
permanent residency (green card status) as a condition for employment,
unless otherwise required in order to comply with law, regulation,
executive order, or federal, state, or local government contract.

g) that impersonates any person or entity, including, but not limited to, a
Usemybusiness employee, or falsely states or otherwise misrepresents your
affiliation with a person or entity (this provision does not apply to User
Content that constitutes lawful non-deceptive parody of public figures.);

h) that includes personal or identifying information about another person
without that person's explicit consent;

i) that is false, deceptive, misleading, deceitful, misinformative, or
constitutes "bait and switch";

j) that infringes any patent, trademark, trade secret, copyright or other
proprietary rights of any party, or User Content that you do not have a right
to make available under any law or under contractual or fiduciary relationships;

k) that constitutes or contains "affiliate marketing," "link referral code,"
"junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited
commercial advertisement;

l) that constitutes or contains any form of advertising or solicitation if:
emailed to Usemybusiness users who have not indicated in writing that
it is ok to contact them about other services, products or commercial interests.

m) that advertises any illegal service or the sale of any items the sale of
which is prohibited or restricted by any applicable law, including without
limitation items the sale of which is prohibited or regulated by California
law.

n) 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;

o) that disrupts the normal flow of dialogue with an excessive amount of
User Content (denial of service or flooding attack) to the Service, or that
otherwise negatively affects other users' ability to use the Service; or

p) that employs misleading email addresses, forged headers or otherwise
manipulated identifiers in order to disguise the origin of User Content
transmitted through the Service.

In addition, you agree not to:

q) "stalk" or otherwise harass anyone;

r) collect personal data about other users for commercial or unlawful
purposes;

s) use automated means, including spiders, robots, crawlers, data mining
tools, or the like to download data from the Service - unless expressly
permitted by Usemybusiness;

t) repeatedly sign up as the
same or similar business or otherwise impose an unreasonable or
disproportionately large load on our infrastructure;

u) attempt to gain unauthorized access to Usemybusiness' computer systems or
engage in any activity that disrupts, diminishes the quality of, interferes
with the performance of, or impairs the functionality of, the Service or
the Usemybusiness website; or

v) use any form of automated device or computer program that enables the
submission of sign ups on Usemybusiness without each sign up being manually
entered by the author thereof (an "automated posting device"), including
without limitation, the use of any such automated posting device to submit
sign ups in bulk, or for automatic submission of listings at regular intervals.

w) use any form of automated device or computer program ("flagging tool")
that enables the use of Usemybusiness' "flagging system" or other community
moderation systems without each flag being manually entered by the person
that initiates the flag (an "automated flagging device"), or use the
flagging tool to remove accounts of competitors, or to remove account without
a good faith belief that the account being flagged violates these Terms;


7. POSTING AGENTS

A "Posting Agent" is a third-party agent, service, or intermediary
that offers to post User Content to the Service on behalf of others. To
moderate demands on Usemybusiness' resources, you may not use a Posting
Agent to post User Content to the Service without express permission or
license from Usemybusiness. Correspondingly, Posting Agents are not
permitted to post User Content on behalf of others, to cause User Content
to be so posted, or otherwise access the Service to facilitate posting
User Content on behalf of others, except with express permission or
license from Usemybusiness.


8. NO SPAM POLICY

You understand and agree that sending unsolicited email advertisements to
Usemybusiness email addresses or through Usemybusiness computer systems, which is
expressly prohibited by these Terms, will use or cause to be used servers
located in California. Any unauthorized use of Usemybusiness computer systems
is a violation of these Terms and certain federal and state laws, including
without limitation the Computer Fraud and Abuse Act (18 U.S.C. � 1030 et
seq.), Section 502 of the California Penal Code and Section 17538.45 of the
California Business and Professions Code. Such violations may subject the
sender and his or her agents to civil and criminal penalties.


9. LIMITATIONS ON SERVICE

You acknowledge that Usemybusiness may establish limits concerning use of the
Service, including the maximum number and size of accounts, email messages, or
other User Content that may be transmitted or stored by the Service, and the
frequency with which you may access the Service. You agree that Usemybusiness
has no responsibility or liability for the deletion or failure to store any
User Content maintained or transmitted by the Service. You acknowledge that
Usemybusiness reserves the right at any time to modify or discontinue the
Service (or any part thereof) with or without notice, and that Usemybusiness
shall not be liable to you or to any third party for any modification,
suspension or discontinuance of the Service.


10. ACCESS TO THE SERVICE

Usemybusiness grants you a limited, revocable, nonexclusive license to access
the Service for your own personal use. This license does not include:
(a) access to the Service by Posting Agents; or (b) any collection,
aggregation, copying, duplication, display or derivative use of the Service
nor any use of data mining, robots, spiders, or similar data gathering and
extraction tools for any purpose unless expressly permitted by Usemybusiness.
A limited exception to (b) is provided to general purpose internet search
engines and non-commercial public archives that use such tools to gather
information for the sole purpose of displaying hyperlinks to the Service,
provided they each do so from a stable IP address or range of IP addresses
using an easily identifiable agent and comply with our robots.txt file.

Usemybusiness permits you to display on your website, or create a hyperlink
on your website to, individual listings on the Service so long as such use
is for noncommercial and/or news reporting purposes only (e.g., for use in
personal web blogs or personal online media). You may also
create a hyperlink to the home page of Usemybusiness so long as the
link does not portray Usemybusiness, its employees, or its affiliates in a
false, misleading, derogatory, or otherwise offensive matter.

Use of the Service beyond the scope of authorized access granted to you by
Usemybusiness immediately terminates said permission or license. In order to
collect, aggregate, copy, duplicate, display or make derivative use of the
the Service or any User Content made available via the Service for other
purposes (including commercial purposes) not stated herein, you must first
obtain a license from Usemybusiness.


11. TERMINATION OF SERVICE

You agree that Usemybusiness, in its sole discretion, has the right (but not
the obligation) to delete or deactivate your account, block your email or IP
address, or otherwise terminate your access to or use of the Service (or any
part thereof), immediately and without notice, and remove and discard any
User Content within the Service, for any reason, including, without limitation,
if Usemybusiness believes that you have acted inconsistently with the letter or
spirit of the Terms. Further, you agree that Usemybusiness shall not be liable
to you or any third-party for any termination of your access to the Service.
Further, you agree not to attempt to use the Service after said termination.
Sections 2, 4, 6 and 10-15 shall survive termination of the Terms.


12. PROPRIETARY RIGHTS

The Service is protected to the maximum extent permitted by copyright laws
and international treaties. User Content displayed on or through the Service is
protected by copyright as a collective work and/or compilation, pursuant to
copyrights laws, and international conventions. Any reproduction,
modification, creation of derivative works from or redistribution of the
site or the collective work, and/or copying or reproducing the sites
or any portion thereof to any other server or location for further
reproduction or redistribution is prohibited without the express
written consent of Usemybusiness. You further agree not to reproduce,
duplicate or copy User Content from the Service without the express written
consent of Usemybusiness, and agree to abide by any and all copyright notices
displayed on the Service. You may not decompile or disassemble, reverse
engineer or otherwise attempt to discover any source code contained in the
Service. Without limiting the foregoing, you agree not to reproduce,
duplicate, copy, sell, resell or exploit for any commercial purposes, any
aspect of the Service.

Although Usemybusiness does not claim ownership of User Content, by posting
User Content to any public area of the Service, you automatically grant,
and you represent and warrant that you have the right to grant, to Usemybusiness
an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use,
copy, perform, display, and distribute said User Content and to prepare derivative
works of, or incorporate into other works, said User Content, and to grant and
authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by
posting User Content to any public area of the Service, you automatically grant
Usemybusiness all rights necessary to prohibit any subsequent aggregation,
display, copying, duplication, reproduction, or exploitation of the User Content
on the Service by any party for any purpose.


13. DISCLAIMER OF WARRANTIES

YOU AGREE THAT USE OF THE USEMYBUSINESS SITE AND THE SERVICE IS ENTIRELY AT
YOUR OWN RISK. THE USEMYBUSINESS SITE AND THE SERVICE ARE PROVIDED ON AN "AS
IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL
EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE
FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW,
USEMYBUSINESS DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY,
TIMELINESS, ACCURACY, AND PERFORMANCE OF THE USEMYBUSINESS SITE AND THE
SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, USEMYBUSINESS DISCLAIMS ANY
WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE
USEMYBUSINESS SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON
THE USEMYBUSINESS SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, USEMYBUSINESS
DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN
CONNECTION WITH THE USEMYBUSINESS SITE OR THE SERVICE. Some jurisdictions do
not allow the disclaimer of implied warranties. In such jurisdictions, some
of the foregoing disclaimers may not apply to you insofar as they relate to
implied warranties.


14. LIMITATIONS OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL USEMYBUSINESS BE LIABLE FOR DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF USEMYBUSINESS
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY
ASPECT OF YOUR USE OF THE USEMYBUSINESS SITE OR THE SERVICE, WHETHER THE
DAMAGES ARISE FROM USE OR MISUSE OF THE USEMYBUSINESS SITE OR THE SERVICE, FROM
INABILITY TO USE THE USEMYBUSINESS SITE OR THE SERVICE, OR THE INTERRUPTION,
SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE USEMYBUSINESS SITE
OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES
INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR
ADVERTISED IN CONNECTION WITH THE USEMYBUSINESS SITE OR THE SERVICE OR ANY
LINKS ON THE USEMYBUSINESS SITE, AS WELL AS BY REASON OF ANY INFORMATION OR
ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE USEMYBUSINESS SITE
OR THE SERVICE OR ANY LINKS ON THE USEMYBUSINESS SITE. THESE LIMITATIONS SHALL
APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions,
limitations of liability are not permitted. In such jurisdictions, some of
the foregoing limitation may not apply to you.


15. INDEMNITY

You agree to indemnify and hold Usemybusiness, its officers, subsidiaries,
affiliates, successors, assigns, directors, officers, agents, service
providers, suppliers and employees, harmless from any claim or demand,
including reasonable attorney fees and court costs, made by any third party
due to or arising out of User Content you submit, post or make available
through the Service, your use of the Service, your violation of the Terms,
your breach of any of the representations and warranties herein, or your
violation of any rights of another.


16. GENERAL INFORMATION

The Terms constitute the entire agreement between you and Usemybusiness and
govern your use of the Service, superceding any prior agreements between you
and Usemybusiness. The Terms and the relationship between you and Usemybusiness
shall be governed by the laws of the State of California without regard to
its conflict of law provisions. You and Usemybusiness agree to submit to the
personal and exclusive jurisdiction of the courts located within the county
of San Francisco, California. The failure of Usemybusiness to exercise or
enforce any right or provision of the Terms shall not constitute a waiver of
such right or provision. If any provision of the Terms 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 the Terms 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 or the Terms must be filed within one (1) year after such
claim or cause of action arose or be forever barred.


17. VIOLATION OF TERMS AND LIQUIDATED DAMAGES

Please report any violations of the Terms, by flagging the posting(s) for
review, or by emailing to:

abuse@Usemybusiness.com

Our failure to act with respect to a breach by you or others does not waive our
right to act with respect to subsequent or similar breaches.

You understand and agree that, because damages are often difficult to quantify,
if it becomes necessary for Usemybusiness to pursue legal action to enforce these
Terms, you will be liable to pay Usemybusiness the following amounts as liquidated
damages, which you accept as reasonable estimates of Usemybusiness' damages for
the specified breaches of these Terms:

a. If you post a message that (1) impersonates any person or entity; (2)
falsely states or otherwise misrepresents your affiliation with a person or
entity; or (3) that includes personal or identifying information about
another person without that person's explicit consent, you agree to pay
Usemybusiness one thousand dollars ($1,000) for each such message.
This provision does not apply to User Content that constitutes lawful
non-deceptive parody of public figures.

b. If you send unsolicited email advertisements to Usemybusiness email
addresses or through Usemybusiness computer systems, you agree to pay
Usemybusiness twenty five dollars ($25) for each such email.

c. If you post User Content in violation of the Terms, other than as described
above, you agree to pay Usemybusiness one hundred dollars ($100) for each
Item of User Content posted. In its sole discretion, Usemybusiness may elect
to issue a warning before assessing damages.

d. If you are a Posting Agent that uses the Service in violation of the
Terms, in addition to any liquidated damages under clause (d), you agree to
pay Usemybusiness one hundred dollars ($100) for each and every Item you post
in violation of the Terms. A Posting Agent will also be deemed an agent of
the party engaging the Posting Agent to access the Service (the
"Principal"), and the Principal (by engaging the Posting Agent in
violation of the Terms) agrees to pay Usemybusiness an additional one hundred
dollars ($100) for each Item posted by the Posting Agent on behalf of
the Principal in violation of the Terms.

e. If you aggregate, display, copy, duplicate, reproduce, or otherwise
exploit for any purpose any User Content (except for your own User Content)
in violation of these Terms without Usemybusiness' express written permission,
you agree to pay Usemybusiness one thousand dollars ($1,000) for each day
on which you engage in such conduct.

Otherwise, you agree to pay Usemybusiness' actual damages, to the extent such
actual damages can be reasonably calculated. Notwithstanding any other
provision of these Terms, Usemybusiness retains the right to seek the remedy
of specific performance of any term contained in these Terms, or a preliminary
or permanent injunction against the breach of any such term or in aid of the
exercise of any power granted in these Terms, or any combination thereof.

18. FEEDBACK

We welcome your questions and comments on this document in the Usemybusiness
"Contact Us" section:

http://www.usemybusiness.com/contact.aspx

COPYRIGHT NOTICE.
Copyright Usemybusiness, All rights reserved.