GLOBAL ONE DEVELOPMENT MARKETING WEB SITE AND PRODUCTS TERMS AND CONDITIONS OF USE

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. THESE TERMS AND CONDITIONS MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEB SITE. BY USING THIS WEB SITE, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, THEN DO NOT USE THIS WEB SITE.

Global One Development Marketing provides small and medium sized businesses and organizations with (i) management of online email campaigns (the "Email Marketing Product"), (ii) reports on website traffic and activity if included in purchased service package (the “Analytics Product”), and (iii) a variety of related offerings, including email archiving. The Email Marketing Product, the Analytics Product and any related offerings are referred to in these Terms and Conditions of Use as the “Products). Global One Development Marketing’s Products may not be used for the sending of unsolicited email ( sometimes called "spam").

The following are the terms and conditions for access to this web site and use of the Products. By clicking the ‘I accept’ button on the sign-up page you accept these terms and conditions.

1. Copyright and Trademark Information

This web site, and the information which it contains, is the property of Global One Development Marketing and its affiliates and licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. Other Global One Development Marketing product or service names or logos appearing in this Site are either trademarks or registered trademarks of Global One Development Marketing and/or its affiliates. The absence of a product or service name or logo from this list does not constitute a waiver of Global One Development Marketing’s trademark or other intellectual property rights concerning that name or logo.

2. Acknowledgements

Subject in each case to the terms listed in the remainder of this Agreement, you hereby acknowledge and agree that:

The Products may not be used for the sending of unsolicited email (sometimes called "spam").
The Products may only be used for lawful purposes.
The Email Marketing Product will be subject to quarterly service contract fees. The Email Marketing Product may also be subject to per message and overage charges. For more information on fees, see Section 4 below and the Fee Schedule.
The Analytics Product will be will be included in the quarterly service contract fees unless otherwise specified in writing in signed contract agreement.
You agree you will not access or otherwise use third party mailing lists or otherwise prepare or distribute unsolicited email, in connection with the Products.
You agree to import, access or otherwise use only lists for which all listed parties have consented to receive correspondence from you ("Permission Based Lists") in connection with your use of the Products. For respondents to your surveys, consent to receive other correspondence is evidenced by the respondent opting into the "Join My Mailing List" link in the course of responding to your survey. You hereby covenant that you shall not use any other lists in connection with your use of the Products. You acknowledge and agree that not all messages sent through use of the Products will be received by their intended recipients.
You will comply with the restrictions on content of e-mail messages and activities using the Products as set forth in this Agreement.
You will adopt and maintain the Privacy Policy, which may be modified by Global One Development Marketing from time to time.

3. Products and Support

The Products are provided subject to these Terms and Conditions of Use, as they may be amended by Global One Development Marketing, and any guidelines, rules or operating policies that Global One Development Marketing may establish and post from time to time (collective, the "Agreement"), including without limitation Global One Development Marketing's customer Privacy Policy, as linked from all email generated from Global One Development Marketing or otherwise furnished to you (the "Policy") (unless otherwise stated, all references to the Agreement shall include the Policy). By posting updated versions of the Agreement on the Global One Development Marketing website, or otherwise providing notice to you, Global One Development Marketing may modify the terms of the Agreement and may discontinue or revise any or all other aspects of the Products in its sole discretion. Except as otherwise provided in the Agreement, all such changes shall become effective upon the posting of the revised Agreement on the Product or at Global One Development Marketing's website. The Products are available only to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, the Products are not available to individuals under the age of 18. If you do not qualify, you are not permitted to use the Products. If you are using the Products in your capacity as an employee, you must have the ability to bind your employer by your use of the Product. You must complete and sign the terms of service contract in order to use the Products. You shall provide true, accurate, current, and complete information about yourself and business as requested in the terms of service contract agreement.

4. Free Trial; Fees and Payment

4.1 Fees for Email Marketing Product. For the Email Marketing Product, once you have signed and submitted the terms of service contract and made payment or have exceeded the free subscriber limit, you will be subject to the quarterly contract fees in accordance with the fee schedule (the "Fee Schedule"). The Fees are based on the highest number of subscribers in your account at any time during the previous month. For purposes of this Agreement, each unique e-mail address will count as one subscriber. In addition, if you have more than 50,000 subscribers in your account, per message Fees will be incurred when the number of messages you send in a month exceeds four times the maximum number of subscribers allowed in your current pricing tier. You will be required to submit payment monthly in advance for the Email Marketing Product (unless you have already provided payment or means of payment, such as credit card information) and may purchase, in advance, a monthly subscription for the Email Marketing Product. Access to the Email Marketing Product will be disabled until payment is received. Fees will be billed quarterly or your pre-paid account will be debited monthly for the Email Marketing Product. If selected by you, you will also be billed for image creation services and analytics services that are not included with the original email product.

4.2 Fees for Anayltics Product. For the Analytics Product, if selected as a separate serice, you will be subject to quarterly service fees in accordance with the fee schedule (the "Fee Schedule"). You will be required to submit payment quarterly in advance for the Analytics Product (unless you have already provided payment or means of payment, such as credit card information) and may purchase, in advance, a quarterly service for the Survey Products. Access to the Analytics Product will be suspended until payment is received. Fees will be billed quarterly or your pre-paid account will be debited quarterly for the Analytics Product if purchased separately.

4.3 Fees for Bundled Email Marketing and Analytics Products. For the Bundled Email Marketing and Analytics Products, you will be subject to wuarterly service fees in accordance with the fee schedule (the "Fee Schedule"). The Fees are based on the highest number of subscribers in your account at any time during the previous month. In addition to Fees based on the number of subscribers, per message and per response Fees will be incurred as set forth in Sections 4.1 and 4.2 above. You will be required to submit payment quarterly in advance for the Bundled Email Marketing and Analytics Products (unless you have already provided payment or means of payment, such as credit card information) and may purchase, in advance, a quarterly subscription for the Bundled Email Marketing and Analytics Products. Access to the Bundled Email Marketing and Survey Products will be disabled until payment is received. Fees will be billed quarterly or your pre-paid account will be debited quarterly for the Bundled Email Marketing and Analytics Products. If selected by you, you will also be billed for image creation services.

4.4 Fee Schedule; Discounts. You are responsible for reviewing the Fee Schedule from time to time and remaining aware of the fees charged by Global One Development Marketing. The Fee Schedule, including subscriber levels and prices, is subject to change at any time in Global One Development Marketing's sole discretion. Global One Development Marketing will use good faith efforts to notify you via email prior to the effectiveness of any change to the Fee Schedule. If you receive special discounts through a marketing partner, those discounts may not be available if you cease to continue to be a customer of the marketing partner, in which case Global One Development Marketing's standard rates will apply. Global One Development Marketing may rely on information provided by the applicable marketing partner, if any, with respect to the status of your account.

4.5 Payment. Payment for Products will be made by a valid credit card accepted by Global One Development Marketing. Checks will be accepted for prepayments of at least six (6) months. Fees are payable in U.S. dollars. If the quarterly payment option is selected or if you have previously provided your credit card for payment, you hereby authorize Global One Development Marketing to charge your credit card for such amounts on a regular quarterly basis beginning at the end of your terms of service contract agreement (unless otherwise cancelled by authorized representative of your business). If Global One Development Marketing is for any reason unable to effect automatic payment via your credit card, Global One Development Marketing will attempt to notify you via email and your Global One Development Marketing account will be disabled until payment is received. Amounts paid for the Products are not refundable.

5. Email, Permission Practices, Image Creation Services & Prohibited Content

5.1 Subscriber Opt Out. Every email message sent in connection with the Products must contain an "unsubscribe" link that allows subscribers to remove themselves from your mailing list and a link to the then current Privacy Policy. Each such link must remain operational for a period of thirty (30) days after the date on which you send the message, and must be in form and substance satisfactory to Global One Development Marketing. You acknowledge and agree that you will not remove, disable or attempt to remove or disable either link. You shall process unsubscribe requests received by you directly within 10 days of submission, and update the email addresses to which messages are sent through your Global One Development Marketing service.

5.2 Permission Practices. You agree to import, access or otherwise use only Permission Based Lists in connection with your use of the Products. You hereby covenant that you shall not use any other lists in connection with your use of the Products. You agree to waive all liability from Global One Development Marketing. Without limiting the foregoing, you agree that you shall not utilize the Product to send any commercial electronic mail message (as that term is defined in the CAN-SPAM Act of 2003) to any person who has opted out or otherwise objected to receiving such messages from you or another sender on whose behalf you may be acting. You cannot mail to distribution lists, newsgroups, or spam or unsolicited email addresses. You cannot copy a Global One Development Marketing template or any other features or functionality from the Products and use them for any purpose other than sending email messages from the Products as agreed to by the terms of service contract agreement. Emails sent through the Product may generate spam complaints from recipients. As a matter of privacy, Global One Development Marketing cannot share with you the email addresses of those who complain about your email campaign. You are responsible for ensuring that your email campaigns do not generate a number of spam complaints in excess of industry norms. Global One Development Marketing, in its sole discretion, shall determine whether your level of spam complaints is within industry norms, and its determination shall be final, binding and conclusive for all purposes under this Agreement. Global One Development Marketing will terminate your use of its Products if Global One Development Marketing determines that your level of spam complaints is higher than industry norms.

5.3 Footers. For every email message sent in connection with the Products, you acknowledge and agree that Global One Development Marketing and its affiliates and or partners may add an identifying footer.

5.4 Use of Images created by Global One Development Marketing. Images created by Global One Development Marketing may only be used in connection with the Products and for no other purpose whatsoever.

5.5 Prohibited Content. Global One Development Marketing prohibits the use of the Products or web site by any person or entity that:

Provides, sells or offers to sell any of the following products or content (or services related to the same): pornography or illicitly pornographic sexual products, including but not limited to magazines, video and software; escort services; illegal goods; illegal drugs; illegal drug contraband; pirated computer programs; instructions on how to assemble or otherwise make bombs, grenades or other weapons.
Displays or markets material that exploits children, or otherwise exploits children under 18 years of age.
Provides, sells or offers products, services or content frequently associated with unsolicited commercial email, a.k.a. spam, such as online and direct pharmaceutical sales, including but not limited to health and sexual well-being products, work at home businesses, credit or finance management, including but not limited to credit repair and debt relief offerings and stock and trading tips, and mortgage finance offers, DJ/nightclub, event/club promotions/party lists, and odds making and betting/gambling services, including but not limited to poker, casino games, horse and dog racing and college and pro sporting events.
Provides material that is grossly offensive, including blatant expressions of bigotry, prejudice, racism, hatred or excessive profanity or post any obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable content.
Posts or discloses any personally identifying information or private information about children without their consent (or their parents consent in the case of a minor).
Sells or promotes any products or services that are unlawful in the location at which the content is posted or received.
Introduces viruses, worms, harmful code and/or Trojan horses on the Internet.
" Promotes, solicits or participates in pyramid schemes or multi-level channel and/or network marketing (MLM) businesses, including but not limited to personal work-at-home offers promoting "get rich quick", "build your wealth" and "financial independence" offerings.
Engages in any libelous, defamatory, scandalous, threatening, harassing activity.
Posts any content that advocates, promotes or otherwise encourages violence against any governments, organizations, groups or individuals or which provides instruction, information or assistance in causing or carrying out such violence.
Provides content, including images, of authors, artists, photographers or others without the express written consent of the content owner.
5.6 Right to Disable Access. Global One Development Marketing, at its own discretion, may immediately disable your access to the Products without refund if Global One Development Marketing believes in its sole discretion that you have violated any of the policies listed above or elsewhere in this Agreement.

6. Restrictions and Responsibilities

6.1 Permitted Use of the Products. The Products shall be used for your internal business (which includes civic or charitable) purposes only, and you shall not use the Products for timesharing or service-bureau purposes or otherwise for the benefit of a third party.

6.2 Compliance with Laws; Monitoring. You shall use the Products only in compliance with this Agreement, the federal CAN-SPAM Act of 2003 and all other applicable laws (including but not limited to policies and laws related to spamming, privacy, obscenity, or defamation and child protective email address registry laws). Although Global One Development Marketing has no obligation to monitor the content provided by you or your use of the Products, Global One Development Marketing may do so and may block any e-mail messages, remove any such content or prohibit any use of the Products that Global One Development Marketing believes may be (or is alleged to be) in violation of the foregoing.

6.3 Indemnification. You hereby agree to defend, indemnify and hold harmless Global One Development Marketing and its business partners, third-party suppliers and providers, licensors, officers, directors, employees, distributors and agents against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys' fees) in connection with any claim or action that (i) arises from any alleged breach of this Agreement, (ii) arises from the content or effects of any messages you distribute using the Products or (iii) otherwise arises from or relates to your use of the Products. In addition, you acknowledge and agree that Global One Development Marketing has the right to seek damages when you use the Products for unlawful purposes, in an unlawful manner, and/or in a manner inconsistent with the terms of this Agreement, and that such damages may include, without limitation, direct, indirect, special, incidental, cover, reliance and/or consequential damages.

6.4 Your Information. In using the varied features of the Products, you may provide information about yourself or your employer (such as name, contact information, or other authorized information) to Global One Development Marketing. Global One Development Marketing may use this information and any technical information about your use of the Products to tailor its presentations to you, facilitate your movement through the Product, or communicate separately with you. If you accessed the Products as a result of solicitation by a marketing partner of Global One Development Marketing, Global One Development Marketing may share your information with the marketing partner and the marketing partner may share related information with Global One Development Marketing. Global One Development Marketing will not provide your contact information to companies you have not authorized for that purpose unless required by law or unless you are terminated from Global One Development Marketing due to unsolicited commercial email being sent for Global One Development Marketing to deploy. Global One Development Marketing will never sell or rent your contact lists to anyone without your permission. In the event Global One Development Marketing amends or revises the policy described in the immediately preceding sentence, it will provide advance notice of such amendment or revision.

6.5 Use of Links in the Email Product. In connection with the Email Product, you hereby agree that you shall only distribute links to the Email Marketing Product or as a link on your web site.

7. Termination

You may terminate this Agreement at any time by calling Global One Development Marketing Customer Service. There are no refunds for any fees paid.

Global One Development Marketing may terminate this Agreement or the Products, disable your account or put your account on inactive status, in each case at any time with or without cause, and with or without notice. Global One Development Marketing shall have no liability to you or any third party because of such termination or action.

Global One Development Marketing may delete any of your archived data within 30 days after the date of termination. After termination, you shall process all unsubscribe requests within 30 days of your last email campaign. Global One Development Marketing will provide upon request the list of unsubscribe requests from your last campaign. All sections of this Agreement that by their nature should survive termination will survive termination, including, without limitation, ownership, warranty disclaimers and limitations of liability.

If your account is classified (at Global One Development Marketing's sole discretion) as inactive for over 120 days, Global One Development Marketing has the right to permanently delete your service data. Global One Development Marketing will use good faith efforts to contact you via email prior to taking any permanent removal actions.

8. Warranty Disclaimer; Remedies

USE OF THE PRODUCTS AND ANY RELIANCE BY YOU UPON THE PRODUCTS, INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. GLOBAL ONE DEVELOPMENT MARKETING DOES NOT WARRANT THAT THE PRODUCTS WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE PRODUCTS. THE PRODUCTS ARE PROVIDED "AS IS" AND GLOBAL ONE DEVELOPMENT MARKETING DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

Your sole and exclusive remedy for any failure or nonperformance of the Products shall be for Global One Development Marketing to use commercially reasonable efforts to adjust or repair the Products.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL GLOBAL ONE DEVELOPMENT MARKETING OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS "GLOBAL ONE DEVELOPMENT MARKETING") BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF GLOBAL ONE DEVELOPMENT MARKETING SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN THE EVENT THAT, NOTWITHSTANDING THE FOREGOING, GLOBAL ONE DEVELOPMENT MARKETING IS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), THE MAXIMUM AGGREGATE LIABILITY OF GLOBAL ONE DEVELOPMENT MARKETING TO YOU ARISING IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE PRODUCTS IN THE TWELVE (12) MONTHS PRIOR TO THE ACCRUAL OF THE APPLICABLE CLAIM, LESS ANY DAMAGES PREVIOUSLY PAID BY GLOBAL ONE DEVELOPMENT MARKETING TO YOU IN THAT TWELVE (12) MONTH PERIOD. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

10. Restricted Persons; Export of Products or Technical Data

You hereby warrant that you are not a Restricted Person. For purposes of this Agreement, you are a Restricted Person if you or any officer, director, or controlling shareholder of the entity on behalf of which you are using the Products is (1) a national of or an entity existing under the laws of Cuba, Iran, Sudan, Syria, or any other country with which U.S. persons are prohibited from engaging in transactions, as may be determined from time to time by the U.S. Treasury Department; (2) designated as a Specially Designated National or institution of primary money laundering concern by the U.S. Treasury Department; (3) listed on the Denied Persons List or Entity List by the U.S. Commerce Department; (4) engaged in nuclear, missile, chemical or biological weapons activities to which U.S. persons may not contribute without a U.S. Government license; or (5) owned, controlled, or acting on behalf of a Restricted Person. If you become a Restricted Person during the term of this Agreement, you shall notify Global One Development Marketing within twenty-four (24) hours, and Global One Development Marketing shall have the right to terminate any further obligations to you, effective immediately and with no further liability to you, but without prejudice to your outstanding obligations to Global One Development Marketing.

You agree that you shall not utilize the Products to conduct or facilitate any transaction with any Restricted Person, except as may be expressly authorized in advance in writing by the U.S. Government. You may not remove or export from the United States or allow the export or re-export of the Products, or any direct product thereof, including technical data, in violation of any restrictions, laws, or regulations of the United States or any other applicable country.

11. Links to Third-Party Web Sites

This web site may contain links to non-Global One Development Marketing web sites. These links are provided to you as a convenience, and Global One Development Marketing is not responsible for the content of any linked web site. Any non-Global One Development Marketing web site accessed from this web site is independent from Global One Development Marketing, and Global One Development Marketing has no control over the content of that web site. In addition, a link to any non-Global One Development Marketing web site does not imply that Global One Development Marketing endorses or accepts any responsibility for the content or use of such web site.

12. No Implied Endorsements

In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by Global One Development Marketing of that third party or of any product or service provided by a third party.

13. Notice and Take Down Procedures; Copyright Agent

If you believe any materials accessible on or from this web site infringe your copyright, you may request removal of those materials (or access thereto) from this web site by contacting Global One Development Marketing (identified below) and providing the following information:

Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
Your name, address, telephone number and (if available) e-mail address.
A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner’s behalf.
A signature or the electronic equivalent from the copyright holder or authorized representative.
Global One Development Marketing’s agent for the above issues relating to this web site is as follows:

Chris Benton
Communications Director
Global One Development Marketing
4549 Hounds Tail Lane
Keller, TX 76248
Phone: (682) 351-7547
Email: chris.benton@godmarketing.net
In an effort to protect the rights of copyright owners, Global One Development Marketing maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of this web site who are repeat infringers.

16. Miscellaneous

16.1 If any provision of the Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.

16.2 Global One Development Marketing and you agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No delay or omission by either party in exercising any right or remedy under this Agreement or existing at law or equity shall be considered a waiver of such right or remedy.

16.3 No agency, partnership, joint venture, or employment is created as a result of the Agreement, and you do not have any authority of any kind to bind Global One Development Marketing in any respect whatsoever.

16.4 In any action or proceeding to enforce rights under the Agreement, the prevailing party will be entitled to recover its costs and attorneys' fees.

16.5 The Agreement shall be governed by the laws of the Commonwealth of Texas, USA without regard to its choice or law or conflict of laws provisions. All legal actions in connection with the Agreement shall be brought in the state or federal courts located in Austin, Texas.

Additional Information

If you have any questions about the rights and restrictions above, please contact Global One Development Marketing by email at customerservice@godmarketing.net.

June 2008