BY ENTERING OR USING Cumulus9 BlueStratus YOU ARE CONSENTING TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE, DO NOT ENTER OR USE Cumulus9 BlueStratus.

1. The Service
   These Terms & Conditions govern your use of Cumulus9 BlueStratus (the "Service"), an Internet subscription service operated by Cumulus9. Cumulus9 Technology, Inc., ("Cumulus9") currently provides users with access to a rich collection of on-line resources, including personal Web site creation and hosting services ("Cumulus9 BlueStratus"). Cumulus9 BlueStratus is provided to you by Cumulus9 on an "AS IS", "AS AVAILABLE" basis subject to the provisions contained herein for your private personal use only. Any other use or attempt to use Cumulus9 BlueStratus for other purposes, directly or indirectly, by you or by a third party is prohibited. Unless explicitly stated otherwise, any new features that augment or enhance the current service shall be subject to these Terms of Service. The Service consists of computing and information services and software, information, interactive forums and other content provided by Cumulus9. In addition, third parties provide information, software and other content ("Third Party Content") which may be accessed over the Service. Your participation in the Service is conditioned upon your acceptance of the terms and conditions contained in this agreement. Please read the following terms and conditions and indicate your acceptance by clicking on the Submit button. Cumulus9 reserves the right, in its discretion, to change or modify all or any part of this Agreement at any time. Such changes or modifications shall be effective immediately upon notice published on the Service. Your continued use of the Service constitutes your binding acceptance of these terms and conditions, including any changes or modifications made by Cumulus9 as permitted above. If at any time the terms and conditions of this Agreement are no longer acceptable to you, you should immediately terminate your subscription to the Service.

1. Terms of Registration

2.1 As part of the registration process, you will select a password and fill in certain information about yourself. You must provide accurate, complete, and current registration information and you agree to provide Cumulus9 with any of that information promptly after such changes occur.

2.2 Subscriptions to the Service are available only to individuals (not to corporations or other businesses) who are at least 18 years of age. Your right to use the Service is personal to you and cannot be transferred to any other person.

2.3 You are responsible for all use of your account under any password by any person whether or not authorized by you and for ensuring that all use of your account complies with this Agreement.

2.4 Without in any way limiting your obligations under Section 3 below, Cumulus9 reserves the right to delete any Web page or Web site uploaded, posted or displayed by you or any other user, at any time, without prior notice, for any reason or no reason. Cumulus9 may terminate, at its own discretion, any registration, including without limitation any or all related information, communications, postings, Web pages or Web sites, at any time, without notice, for any reason or no reason, including without limitation for conduct that violates local, state or federal laws or regulations or these Terms of Service, or material that Cumulus9, in its sole discretion believes is harmful to others, the business of Cumulus9 or other third party information or service providers.

2.5 You acknowledge that the Service contains information, software, photographs, audio and video clips, graphics, and other material (collectively, the "Content") that is protected by copyright, trademark or other proprietary rights of Cumulus9 or third parties. All Content on the Service is copyrighted as a collective work of Cumulus9 pursuant to applicable copyright law. You agree to comply with any additional copyright notices, information, or restrictions contained in any Content available on or accessed through the Service. The Content is intended for the personal, noncommercial use of the registered subscribers of the Service.

2.6 You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit, any of the Content, in whole or in part, except as otherwise expressly permitted in this Agreement. Content consisting of downloadable software may not be reverse engineered unless specifically authorized by the owner of the software's patent and/or copyright.

2.7 You may download or copy the Content only for your own personal use, provided that you maintain all copyright and other notices contained in such Content. You shall not store electronically any significant portion of any Content. Except as expressly permitted by the copyright laws, no copying, storage, redistribution or publication of any Content is permitted without the express permission of Cumulus9 or the owners of such Content or their authorized persons, if other than Cumulus9. You may upload to or download from the Service any Content in the public domain for your own personal use or for noncommercial redistribution. You assume all risk and responsibility for determining whether any Content is in the public domain, regardless of any notices which may be posted on such Content.

2.8 You grant to Cumulus9 the right to edit, copy, publish, distribute, translate and otherwise use any Content that you place on the Service, in any medium. You represent and warrant that you are authorized to grant all rights set forth in the preceding sentence.

2.9 Any information supplied by you upon registration for the Service and certain other information which Cumulus9 BlueStratus may collect is subject to Cumulus9's privacy policy. For more information, you can review Cumulus9's privacy policy at http://www.cumulus9.com/privacy/ .

1. User Conduct
   You, as a user of the Service, understand that all information, data, text, files, links, software, chat, content, music, sound, photographs, graphics, images, video, communication, messages or other materials and terms of expression (collectively "Information"), whether publicly posted or privately transmitted, are the sole responsibility of the user generating the same. This means that you are responsible and may be held legally liable for all Information that you upload, post or otherwise transmit via Cumulus9 BlueStratus. For example, you shall not: (a) transmit upload or post via Cumulus9 BlueStratus any Information that is offensive, vulgar, sexually explicit, racial, hateful, discriminatory, unlawful, invasive of another's privacy, exploitative of a minor, identifiable information pertaining to a minor, information or instructions concerning illegal activities, information that is harmful, threatening, abusive, harassing, defamatory, libelous, obscene, or otherwise objectionable; (b) harass, threaten, abuse, defame, embarrass or cause distress or discomfort to another; (c) transmit upload or post via Cumulus9 BlueStratus any Information that you are prohibited from transmitting by any law, including without limitation Information that infringes any patent, trademark, trade secret, copyright or other proprietary right; (d) transmit, upload or post any Information 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; (e) disrupt the normal flow of Information available on or through Cumulus9 BlueStratus or otherwise act in a manner that negatively affects other participants or users, transmit, upload or post hidden pages or images, interfere with or disrupt the functionality of Cumulus9 or the Cumulus9 servers or networks, or violate any requirements, procedures, policies or regulations of networks connected to Cumulus9 BlueStratus, the Cumulus9 network, servers, directories, databases and listings; (f) transmit, upload or post any unsolicited advertising, promotional materials, or any other forms of solicitation; (g) intentionally or unintentionally violate any applicable local, state, national or international law or regulation;. (h) Translate, decompile, reverse engineer, disassemble, modify, copy, alter, merge into other software, exploit, reproduce, duplicate, rent, lease, sell, resell, lend, distribute, remarket or otherwise dispose of Cumulus9 BlueStratus, use of Cumulus9 BlueStratus, or access to Cumulus9 BlueStratus or any part thereof; (i) impersonate in any way, including without limitation by way of forging headers or otherwise manipulating identifiers, any person, entity, leader, Cumulus9 official, operator or host; (j) collect or store personal data about other users in any way or form or solicit or harvest passwords or screen names; (k) use your allocated storage space on Cumulus9 BlueStratus as storage for remote loading of Information, or rent, sub-lease or transfer your allocated space on Cumulus9 BlueStratus to any third party; or (l ) link your Web site on Cumulus9 BlueStratus to Information not allowed on Cumulus9 BlueStratus under these Terms of Service.

Cumulus9 does not control, actively monitor or review the Information uploaded, posted, transmitted or made available on or through Cumulus9 BlueStratus and shall not be responsible for any Information and does not guarantee the accuracy, integrity or quality of such Information. You understand that by using Cumulus9 BlueStratus, you may be exposed to Information that is offensive, indecent or objectionable.

1. Information Posted on Cumulus9 BlueStratus
   By transmitting, uploading, posting or submitting any Information to Cumulus9 BlueStratus you (a) declare such Information is not confidential, secret or proprietary information; (b) warrant that no other party has rights to the Information and that your transmission, posting, uploading or submission of the Information to Cumulus9 BlueStratus does not violate any copyright or other laws; and (c) irrevocably grant Cumulus9, a worldwide, royalty free, non-exclusive perpetual, worldwide license to use, display, perform, distribute, modify, reproduce and publish the Information in any form anywhere.

You must evaluate, and bear the risk associated with, the accuracy, completeness or usefulness of any Information available on or through Cumulus9 BlueStratus. Cumulus9 BlueStratus shall not be obligated to actively monitor, review, or otherwise control in any manner, the Information users post, upload or transmit through Cumulus9 BlueStratus. However, Cumulus9 reserves the right but not the obligation, in its sole discretion, to refuse or remove any Information available on or through Cumulus9 BlueStratus. Without limiting the foregoing, Cumulus9 shall have the right to remove any Information that violates these Terms of Service or is otherwise objectionable in Cumulus9 BlueStratus's sole opinion.

THE INFORMATION ON Cumulus9 BlueStratus MAY INCLUDE INAPPROPRIATE MATERIAL. BY ENTERING OR USING Cumulus9 BlueStratus YOU UNDERTAKE FULL RESPONSIBILITY TO: (A) DETERMINE WHETHER THE INFORMATION COMPLIES WITH YOUR NEEDS (B) DETERMINE WHETHER YOU HAVE ADEQUATE LEGAL RIGHTS TO STORE, REPRODUCE OR OTHERWISE USE THE INFORMATION IN ANY MANNER CONTEMPLATED BY YOU AND (C) COMPLY WITH ANY LEGAL OBLIGATIONS, INCLUDING WITHOUT LIMITATION OBLIGATIONS IMPOSED BY COPYRIGHT, TRADE SECRET, DEFAMATION, INDECENCY, ONLINE CONDUCT AND ACCEPTABLE CONTENT, PRIVACY AND EXPORT LAWS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ENTER OR USE Cumulus9 BlueStratus.

1. Third Party Links
   Some portions of the Cumulus9 BlueStratus or users' Web sites available on or through Cumulus9 BlueStratus may include links to third party sites. These links allow you to exit these Web sites and enter third party or other users Web sites. These links are provided only as a convenience. The linked Web sites are not reviewed, controlled or examined by Cumulus9 and Cumulus9 is not responsible for the Information, advertising, products, resources or other material, of any linked site or any link contained in a linked site. The inclusion of any link does not imply endorsement of the linked site by Cumulus9. In no event shall Cumulus9 be liable, directly or indirectly, to anyone for any damage or loss arising from or occasioned by the creation, use or reliance, on the third parties' Web sites or the Information, advertising, products, resources or material accessed through these Web sites. Cumulus9 reserves the exclusive right in its sole discretion to add, decline or remove, without warning, any icon or link to a Web site, from Cumulus9 BlueStratus and Cumulus9 BlueStratus users' created Web sites.

1. Fees and Payments

6.1 You agree to pay all fees and charges incurred by you or any third party using your Service account (whether or not authorized by you) at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to applicable taxes, and charges for any products or services offered for sale through the Service by Cumulus9 or by any third party. Your right to use the Service is subject to any limits established by your credit card company if billing is through a credit card.

6.2 You shall be responsible for obtaining all telephone, telephone access lines, computer equipment and other products or services necessary to access and use the Service. You shall be responsible for all charges associated with accessing and maintaining a connection to the Service (e.g., charges imposed by an Internet access provider, or your local telephone company).

6.3 For annual subscriptions: if you commit to an annual subscription, paying on a monthly basis, and cancel during the first month, you will not be charged. Thereafter, if you cancel at any time within the first 6 months of membership, you will be charged the difference between the number of months you were a registered member at the full-priced, monthly subscription rate and the amount you actually paid. If you cancel after 6 months, you will be charged the remainder of your subscription contract. If you commit to an annual subscription, prepaying the entire year's fee, and you cancel during the first month, you will be refunded the entire amount charged for your continuing membership. Thereafter, if you cancel at any time within the first 6 months of membership, you will receive a refund of the difference between the amount you paid and the number of months you were a registered member at the full-priced, monthly subscription rate. If you cancel after 6 months, you will not receive any refund.

6.4 Unless you notify Cumulus9 BlueStratus that you do not wish to renew your membership, Cumulus9 BlueStratus will automatically renew your membership at the end of each term and bill the then-current renewal fee to the same credit card or credit line your original membership fee was billed to, or to the current credit card we have on our files.

6.5 You may terminate your account at any time by completing the "Cancel Cumulus9 BlueStratus" form. You are responsible for all charges incurred up to the time the account is terminated, including all monthly charges for the month in which termination became effective. Cumulus9 reserves the right to change the amount of any fee or charge for the Service or to institute new fees or charges, effective on at least 30 days prior notice posted on the Service in the Member Services area.

6.6 Cumulus9 reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Service at any time for any reason without prior notice or liability.

6.7 Cumulus9 may change, suspend or discontinue all or any aspect of the Service at any time, including the availability of any Service feature, database, or content, without prior notice or liability.

1. DISCLAIMER OF WARRANTIES
   YOU EXPRESSLY AGREE THAT ENTERING OR USING OF Cumulus9 BlueStratus IS AT YOUR OWN RISK. NO WARRANTY, REPRESENTATION, CONDITION, UNDERTAKING OR TERM - EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE - INCLUDING BUT NOT LIMITED TO THE CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR USE OF Cumulus9 BlueStratus IS GIVEN OR ASSUMED BY Cumulus9. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS AND TERMS ARE HEREBY EXCLUDED. Cumulus9 MAKES NO WARRANTY THAT Cumulus9 BlueStratus WILL MEET YOUR REQUIREMENTS, OR THAT Cumulus9 BlueStratus WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE;

Cumulus9 MAKES NO REPRESENTATIONS AS TO THE SUITABILITY OF THE INFORMATION AVAILABLE ON OR THROUGH Cumulus9 BlueStratus, INCLUDING BUT NOT LIMITED TO USER CREATED SITES, FOR ANY PURPOSE NOR ABOUT ITS LEGITIMACY, LEGALITY, VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS. ALL SUCH INFORMATION ON THE USER CREATED SITES IS PROVIDED BY THE USERS. THE INFORMATION AVAILABLE ON OR THROUGH Cumulus9 BlueStratus USER CREATED SITES IS NOT REVIEWED, CONTROLLED OR EXAMINED BY Cumulus9 IN ANY WAY BEFORE IT APPEARS ON Cumulus9 BlueStratus. Cumulus9 DOES NOT ENDORSE, VERIFY OR OTHERWISE CERTIFY THE CONTENTS OF ANY SUCH INFORMATION. USERS ARE SOLELY RESPONSIBLE FOR THE CONTENTS OF THEIR WEB SITES AND MAY BE HELD LEGALLY LIABLE OR ACCOUNTABLE FOR THE CONTENTS OF THEIR WEB SITES (INCLUDING WITHOUT LIMITATION IN CONNECTION WITH INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF ANY OTHER PARTY).

Cumulus9 DOES NOT WARRANT OR GUARANTEE: (A) THAT ANY INFORMATION AVAILABLE ON OR THROUGH Cumulus9 BlueStratus WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; (B) THAT THE INFORMATION AVAILABLE ON OR THROUGH Cumulus9 BlueStratus WILL NOT CONTAIN ADULT-ORIENTED MATERIAL, OR MATERIAL WHICH SOME INDIVIDUALS MAY DEEM OBJECTIONABLE; OR (C) THAT THE FUNCTIONS OR SERVICES PERFORMED BY Cumulus9 WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN Cumulus9 BlueStratus WILL BE CORRECTED. IT IS THE SOLE RESPONSIBILITY OF THE USER TO ISOLATE SOFTWARE AND INFORMATION, EXECUTE ANTI-CONTAMINATION SOFTWARE AND OTHERWISE TAKE STEPS TO ENSURE THAT SOFTWARE OR INFORMATION, IF CONTAMINATED OR INFECTED, WILL NOT DAMAGE USER'S INFORMATION OR SYSTEM.

1. Limitation of Liability
   IN NO EVENT SHALL Cumulus9 BE LIABLE TO ANY PARTY FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, LOSS OF PROFITS OR GOODWILL OR LOSS OF USE OF FACILITIES OR EQUIPMENT), OR ANY OTHER DAMAGES ARISING - IN ANY WAY, SHAPE OR FORM - OUT OF THE AVAILABILITY, USE, RELIANCE ON, INABILITY TO UTILIZE OR IMPROPER USE OF Cumulus9 BlueStratus EVEN IF Cumulus9 SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IS NEGLIGENT, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE EXCLUSIONS OF INCIDENTAL AND CONSEQUENTIAL DAMAGES MAY NOT APPLY TO YOU. IN NO EVENT SHALL Cumulus9 BE LIABLE TO ANY PARTY FOR ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS WITH RESPECT TO Cumulus9 BlueStratus OR THE INFORMATION OR THE TRANSMISSION OR DELIVERY OF ALL OR ANY PART THEREOF, FOR ANY DAMAGE ARISING THEREFROM OR OCCASIONED THEREBY, OR FOR THE RESULTS OBTAINED FROM THE USE OF INFORMATION AVAILABLE ON OR THROUGH Cumulus9 BlueStratus.

YOU EXPRESSLY AGREE THAT Cumulus9 SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OF DATA, NOR SHALL Cumulus9 BE REQUIRED TO RETURN ANY LOST DATA, RESULTING FROM THE SUSPENSION OR DELETION OF USER WEB SITES OR WEB SITES, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION OR ANY OTHER REASONS. Cumulus9 URGES YOU TO MAINTAIN BACKUP VERSIONS OF YOUR WEB SITES ON YOUR COMPUTER TO GUARD AGAINST LOSSES OF ANY KIND. YOU EXPRESSLY AGREE THAT Cumulus9 SHALL NOT BE LIABLE FOR ANY CONDUCT BY USERS OF Cumulus9 BlueStratus. Cumulus9 SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, USEFULNESS OR AVAILABILITY OF ANY INFORMATION TRANSMITTED, UPLOADED, POSTED OR MADE AVAILABLE ON OR THROUGH Cumulus9 BlueStratus.

You expressly agree to indemnify and hold harmless Cumulus9, its subsidiaries, affiliates, officers, agents, co-branders and other partners, and its and their respective employees, from and against any and all damages, liabilities, actions, causes of action, suits, claims, demands, losses, costs and expenses (including without limitation reasonable attorneys' fees and disbursements and court costs) arising from or in connection with your Information, your use of or connection to Cumulus9 BlueStratus, your violation of these Terms of Service or your violation of any rights of any third party.

1. Miscellaneous
   Cumulus9 reserves the right in its sole discretion to (a) make improvements, corrections, adaptations, conversions and/or any other change in Cumulus9 BlueStratus and to any part thereof and/or to revise or modify these Terms of Service; (b) change, limit, terminate, remove or cease to provide at any time, temporarily or permanently, Cumulus9 BlueStratus or any part thereof, to all users or any number thereof including without limitation the use of or access to Cumulus9 BlueStratus, granted to you or to any other user, at any time, without notice, for any reason or no reason; (c) take and keep for itself, limit, terminate, cease to provide, or cause a user to surrender any and all sub-domains within the Cumulus9 ; (d) refrain from publishing on this site and delete or remove from Cumulus9 BlueStratus, at its sole discretion, any Web page or Information or material provided for display, posted, uploaded or transmitted by any user or any part thereof; (e) establish a new operating and usage policy for Cumulus9 BlueStratus and change it at any time for any reason or no reason; and (f) cancel, change, hold, de-list, introduce different options and features to different users or refrain from publishing Cumulus9 numbers or any other details of the users using Cumulus9 BlueStratus, at any time.

These Terms of Service do not grant to you or any other user any license or right in or to any patent, copyright, trademark, trade secret or other proprietary right of Cumulus9.

Cumulus9 may revise or replace these Terms of Service from time to time. You agree that your use of Cumulus9 BlueStratus, beyond a period of 15 days after a notice of such change has been provided on the Cumulus9 BlueStratus network or Web site for the first time, shall constitute your consent to the new or revised Cumulus9 BlueStratus Terms of Service.