GoBiz Solutions Web Site Terms of Use

Effective as of October 2005

Please read carefully before accessing this web site (the “Site”). GoBiz Solutions, Inc. ("GoBiz") maintains this Site and in exchange for accessing, browsing and/ or using the Site, you agree to be bound by the following terms and conditions (such terms and conditions, this “Agreement”) and to comply with all applicable laws and regulations, including without limitation U.S. export and re-export control laws and regulations. You represent you have the legal authority to accept the Site Terms of Use on behalf of yourself or any party you represent. If you or any party that you represent do not agree to these terms, please do not access, browse or use the Site.

GoBiz reserves the right to change these terms and conditions from time to time at its sole discretion. You may read a current, effective copy of this Agreement at any time by selecting the “Terms of Use” link on various pages of the Site . The revised Agreement will become effective immediately upon posting. You are responsible for checking these Terms of Use regularly in order to be aware of any changes. If you access, browse or use the Site after any such revised Agreement is posted, you are deemed to have agreed to such revised Agreement.

Legal Notice

This Site contains material, such as software, documentation, text, graphics, images, presentations and other material (collectively referred to as the “Content”) related to products and services of GoBiz. The Content is either owned by GoBiz or provided to you through an arrangement that GoBiz has with other parties. The Content is protected by copyright under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. Subject to your compliance with this Agreement, you are hereby granted a limited non-exclusive, non-transferable, non-sublicensable, and revocable license to access, download and copy the Content or any part of the Site only for your own personal and non-commercial use. You may not alter or modify the Content in any way. You may not use any graphics separate from any accompanying text. You may distribute copies of the documentation available at this Site only to customers and potential customers of GoBiz products; provided, however, that you may not charge them for such use. Any other distribution to third parties is prohibited unless you obtain the priorwritten consent of GoBiz. You may not use any software provided on this website unless and until you agree to be bound by the terms and conditions of GoBiz's Program License Agreement. You may not modify, reverse engineer or disassemble any such software. You may not use the Content in any way that may be adverse to GoBiz's interests. You may not "mirror" any Content without GoBiz's prior express written consent. All copies of Content that you download or copy from this Site must include a copy of this Legal Notice.

GoBiz assumes no obligation to correct any errors contained herein or to advise any user of liability for the accuracy or correctness of any engineering or product documentation or assistance provided to a user. GoBiz reserves the right to make changes or update this Site or the Content at any time for any reason and has no obligation to provide notification of such changes and updates. In the case of any violation of these rules and regulations, GoBiz reserves the right to seek all remedies available by law and in equity for such violations. These rules and regulations apply to all visits to the Site, both now and in the future.

Nothing contained in this Agreement shall be construed as conferring by implication, estoppels, or any other legal theory, a license or right to any patent, trademark, copyright, or other intellectual property right, except those expressly provided herein. GoBiz products are not intended for use in life support appliances, devices, or systems and nothing on this Site or any Content thereof permits use in such application. Use of an GoBiz product in such applications without the prior express written consent of the appropriate GoBiz officer is prohibited.

Trademark Notice

The trademarks, logos and service marks displayed on this Site ("Marks") are the property of GoBiz or other third parties. You are not permitted to use these Marks without the prior written consent of GoBiz or such third party owner. "GoBiz" and the GoBiz logo are registered trademarks of GoBiz. Any rights not expressly granted herein are reserved. GoBiz also uses Marks that are not currently registered with the USPTO. Some of these unregistered Marks are the subject of trademark applications and may beregistered in the future.

Access to Password Protected/Secure Areas

Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only. Unauthorizedindividuals attempting to access these areas of the Site may be subject to prosecution. You may receive such a password and account designation upon completion of an agreement with GoBiz. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify GoBiz of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with these terms.

Links to Other Sites

This Site may contain links to other web sites operated by third parties. You acknowledge that GoBiz neither endorses nor is affiliated with the linked site and is not responsible for any content that appears on the linked site. You also acknowledge that the owner of the linked site neither endorses nor is affiliated with GoBiz.

Compliance with DMCA

The Digital Millennium Copyright Act of 1998 provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by GoBiz infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiplecopyrighted works located on the Site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow GoBiz to locate the material on the Site; (d) the name, address, telephone number, and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send GoBiz a counter-notice. Notices and counter-notices must meet the then-current statutory
requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Notices and counter-notices with respect to the Site should be sent to:

GoBiz Communications
Attn: Legal Department
393 Totten Pond Road
Waltham, MA 02451, USA.

We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties
for false claims under the DMCA.

Termination of this Agreement

You acknowledge that GoBiz reserves the right to terminate access to the Site by you at any time. In addition, your permission to use this Site and any Content terminates automatically if you breach any of the terms or conditions of this Agreement. Upon termination, you must immediately destroy any downloaded and printed materials from or related to this Site.

U.S. Government Restricted Rights

The materials and documentation are provided with "RESTRICTED RIGHTS". Use, duplication, or disclosure by the Government is subject to restrictions as set forth in FAR52.227-14 and DFAR252.227-7013 et seq. or its successor. Use of the documentation and materials by the Government constitutes acknowledgment of GoBiz's proprietary rights in them.

International Use

This Site is controlled and operated in whole or in part by GoBiz in the United States. If you access the Site from other locations you do so at your own risk and you are responsible for compliance with applicable local laws. GoBiz makes no representation that the Content in the Site is appropriate or available for use in other locations, and access to it from territories where the Content may be illegal is prohibited. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. GoBiz products and related technology are classified as telecom equipment subject to foreign policy controls under ECCN 5A991 and 5E991. You agree to comply with all governmental rules and regulations (including without limitation the regulations of the US Department of Commerce, Bureau of Export Administration and the US Export Administration Regulations (EAR)) prior to reselling, exporting, reexporting or otherwise transmitting the GoBiz product and/or related technologies to any entity in any foreign country, and you hereby agree to indemnify,defend and hold GoBiz harmless from any breach by you of this paragraph.

Disclaimers

THE SITE AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. GOBIZ, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS (COLLECTIVELY, THE “GOBIZ PARTIES“) DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, MERCHANTABILITY, NON INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE REGARDING THE SITE AND CONTENT. Some states do not allow exclusion of implied warranties, so the above limitations or exclusions may not apply to you. IN SUCH STATES, THE LIABILITY OF THE GOBIZ PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Limitation of Liability

IN NO EVENT SHALL ANY GOBIZ PARTY BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT DAMAGES, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SITE OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF A GOBIZ PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states do not allow the limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. IN SUCH STATES, THE LIABILITY OF THE GOBIZ PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL ANY THE GOBIZ PARTIES’ AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNT PAID BY YOU TO ACCESS THE WEB SITE.

Privacy Policy

Please review the Privacy Policy for this Site as it contains important information about what information we collect and how we use such information.

General

If any provision of this Agreement is held to be invalid by any law, rule, order or regulation of any government or by the final determination of any state or federal court, such invalidity shall not affect the enforceability of any other provision of this Agreement. BY ACCESSING THE SITE YOU AGREE THAT THE STATUTES, LAWS, AND REGULATIONS OF THE UNITED STATES AND THE COMMONWEALTH OF MASSACHUSETTS, U.S.A., WITHOUT REGARD TO CONFLICTS OF LAWS PRINCIPLES, WILL APPLY TO ALL MATTERS RELATING TO USE OF THE SITE, AND YOU AGREE THAT ANY LITIGATION SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE STATE OR FEDERAL COURTS IN MASSACHUSETTS, U.S.A.