1. ACCEPTANCE OF TERMS

Welcome to NewsGator Online Service (the "Service"). Your use of the Service is subject to these Terms of Service ("TOS"). NewsGator Technologies reserves the right to update and change the TOS from time to time without notice or acceptance by you. You can review the most current version of the TOS at any time at: http://www.newsgator.com/ngs/TermsOfService.aspx. You must be at least 13 years old to use the Service. The TOS will also be applicable to the use of the Service on a trial basis.

2. DESCRIPTION OF SERVICE

NewsGator Technologies provides each Account Holder with access to NewsGator Online, and certain other features including: NewsGator’s POP3 Email Reader, NewsGator’s Mobile HTML Reader, and Custom Search Feeds. The Service also includes tools that enable Account Holders to synchronize subscriptions between multiple computers, running either one of the aforementioned readers, FeedDemon, NetNewsWire, NewsGator Go! or NewsGator Inbox for Microsoft Outlook. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new versions, features, resources, or content, shall be subject to the TOS. In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. You also understand and agree that the service may include certain communications from NewsGator Technologies, including but not limited to service announcements, administrative messages, and product announcements. Should you wish, you may opt out of receiving these messages by notifying us at info@newsgator.com with your request. Please include your email address and NewsGator username. You agree not to access the Service by any means other than through the interfaces that are provided or explicitly approved by NewsGator Technologies for use in accessing the Service.

3. REGISTRATION

In order to use the Service and depending upon the type of account you have, you may need to provide NewsGator Technologies with information to create your account or accept automatically generated anonymous account information("Registration Data"). Account Holder will choose a user name and password or accept an automatically generated username and password during the Service's registration process. 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 immediately notify NewsGator Technologies of any unauthorized use of your password or account or any other breach of security. NewsGator Technologies cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 3. In consideration of use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form, and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or NewsGator Technologies has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, NewsGator Technologies has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). You agree that you alone may use the Service with your account, and that sharing your account information and access with anyone else is prohibited.

4. NEWSGATOR TECHNOLOGIES PRIVACY POLICY

Registration Data and certain other information about you is subject to our Privacy Policy, the terms of which are incorporated into this TOS by reference.

5. OWNERSHIP OF ACCOUNT AND SECURITY

You are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the Service. You agree to immediately notify NewsGator Technologies of any unauthorized uses of the account or any other breaches of security. NewsGator Technologies cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You acknowledge and agree that under no circumstances will NewsGator Technologies be liable, in any way, for any acts or omissions by an Account Holder, including any damages of any kind incurred as a result of such acts or omissions.

6. CONTENT AND CONDUCT RULES AND OBLIGATIONS

6.1 GENERAL CONTENT

You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will NewsGator Technologies be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content transmitted or otherwise made available via the Service. You acknowledge that NewsGator Technologies does not pre-screen Content, but that NewsGator Technologies and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, NewsGator Technologies and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

7. ADDITIONAL SOFTWARE

With respect to any additional software that may be made available by NewsGator Technologies in connection with the Service, if you elect to download or access such additional software, you understand that you may have to agree to additional terms and conditions before you use such software.

8. INTERNATIONAL USE

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. 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.

9. ADVERTISERS

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that NewsGator Technologies shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

10. LINKS

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because NewsGator Technologies has no control over such sites and resources, you acknowledge and agree that NewsGator Technologies is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that NewsGator Technologies shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

11. INDEMNITY

You agree to indemnify and hold NewsGator Technologies, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

12. RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express permission by NewsGator Technologies.

13. GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that NewsGator Technologies may establish general practices and limits concerning use of the Service.

14. MODIFICATIONS TO SERVICE

NewsGator Technologies reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that NewsGator Technologies shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

15. NEWSGATOR TECHNOLOGIES' PROPRIETARY RIGHTS

You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by NewsGator Technologies or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

16. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NEWSGATOR TECHNOLOGIES EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) NEWSGATOR TECHNOLOGIES WILL MAKE REASONABLE EFFORTS TO MAINTAIN THE SERVICE HOWEVER, NEWSGATOR TECHNOLOGIES IS NOT RESPONSIBLE FOR ANY DAMAGE, LOSS OF DATA, CUSTOMER INFORMATION OR VENDOR DATA, REVENUE, OR OTHER HARM TO BUSINESS ARISING OUT OF DELAYS, MISDELIVERY OR NONDELIVERY OF INFORMATION, RESTRICTION OR LOSS OF ACCESS, BUGS OR OTHER ERRORS, UNAUTHORIZED USE DUE TO YOUR SHARING OF ACCESS TO THE SERVICE, OR OTHER INTERACTION WITH THE SERVICE. YOU ARE RESPONSIBLE FOR MAINTAINING AND BACKING UP YOUR DATA AND INFORMATION THAT MAY RESIDE ON THE SERVICE. NEWSGATOR TECHNOLOGIES DOES NOT WARRANT THAT (i) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

17. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEWSGATOR TECHNOLOGIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF NEWSGATOR TECHNOLOGIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SERVICE (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

18. EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.

20. GENERAL

Notices to you may be made via either email, postal mail, or custom feed. NewsGator Technologies respects the intellectual property rights of others, and we ask our users to do the same. The TOS and the relationship between you and NewsGator Technologies shall be governed by the laws of the State of Colorado. You and NewsGator Technologies agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Douglas, Colorado. The failure of NewsGator Technologies to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. The TOS constitutes the entire agreement between you and NewsGator Technologies and governs your use of the Service, superceding any prior agreements between you and NewsGator Technologies (including, but not limited to, any prior versions of the TOS). You also may be subject to additional terms and conditions that may apply when you use affiliate or other NewsGator Technologies software or services, third-party content or third-party software. If any provision of the TOS or incorporated documents are 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 TOS 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 TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.

21. VIOLATIONS

Please report any violations of the TOS to info@newsgator.com.