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USE AGREEMENT

1. TERMS AND CONDITIONS OF SERVICE

Welcome to DATACAST® On-Demand Information Service ("Service"). The Service is owned and operated by A.M. Communications Specialists, Inc. d/b/a DATACAST® ("DATACAST"), and is provided to you ("Subscriber") under the terms and conditions of this Use Agreement ("Agreement"). For the purposes of this Agreement, "using" or "use" shall mean any accessing of the Service by sending an email requesting the Service. By using the Service, you acknowledge that you have read, understood, and agree to be bound by the terms and conditions of this Agreement.

2. DESCRIPTION OF SERVICE

DATACAST agrees to provide Subscriber with news and other information upon Subscriber's request directly to Subscriber's wireless device, from DATACAST's system. DATACAST does not charge Subscriber any Subscription fees. Subscriber agrees to provide its own equipment, including a wireless device to receive the Service. Subscriber is responsible for any telephone or wireless service fees, message fees, character fees and overcalls associated with access to or use of the Service.

Subscriber has control over the Service it receives as the Service is only provided to Subscriber upon Subscriber's request.

In consideration for this Service, Subscriber agrees to abide strictly by the provisions of this Agreement, including without limitation, the USE OF SERVICE provision.

3. USE OF SERVICE

DATACAST HEREBY AUTHORIZES SUBSCRIBER TO USE THE SERVICE SOLELY FOR PERSONAL, NON-COMMERCIAL USE. USE FOR ANY OTHER PURPOSE IS EXPRESSLY PROHIBITED.

DATACAST'S SERVICE, AND ALL PORTIONS THEREOF, INCLUDING WITHOUT LIMITATION, THE CONTENT, SCHEDULE, FORMAT AND STYLE, THE EQUIPMENT AND METHODS USED AND PREFERRED BY DATACAST, IS PROPRIETARY TO AND FOR ALL PURPOSES SHALL BE DEEMED TO BE COPYRIGHTED BY DATACAST. NO PORTION OF THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY COPYRIGHT AND/OR TRADEMARK NOTICE CONTAINED IN THE SERVICE, SHALL BE ALTERED, DELETED, AMENDED OR MODIFIED IN ANY MANNER WHATSOEVER.

THE SERVICE IS TO BE RECEIVED BY SUBSCRIBER ON ONE (1) WIRELESS DEVICE. THE SERVICE, INCLUDING ALL PORTIONS THEREOF, MAY NOT BE COPIED, DISTRIBUTED, PUBLISHED, REWRITTEN, BROADCAST, SOLD, RESOLD OR EXPLOITED FOR COMMERCIAL PURPOSES.

ANY UNAUTHORIZED USE, DISCLOSURE, REPRODUCTION, DISPLAY, RESALE OR COMMERCIAL EXPLOITATION OF ANY MATERIALS CONTAINED IN THE SERVICE MAY VIOLATE COPYRIGHT LAW, TRADEMARK LAW, THE LAW OF PRIVACY AND PUBLICITY, AND COMMUNICATIONS REGULATIONS AND STATUTES.

4. TERMINATION OF SERVICE

DATACAST retains the right to terminate this Agreement and rights to use the Service at any time without notice.

5. ACCURACY OF SERVICE

DATACAST attempts to provide accurate information in the Service. However, DATACAST and its sources of data shall in no event be liable to Subscriber or to any third parties for any errors, omissions, delays or inaccuracies in the information provided in the Service. DATACAST and its sources of data shall in no event be liable to Subscriber or to any third parties for any consequential, punitive, special, or indirect or any other damages arising from the availability, use or reliance upon the Service, or any part thereof, whether in contract, tort or otherwise, even if advised of the possibility of such damages.

6. CHANGES TO SERVICE

DATACAST is free to change the Service's categories, content, and format without notice.

7. REVISIONS TO THIS AGREEMENT

DATACAST may, at any time, revise this Agreement by updating this posting. By using this Service following the posting of any changes to this Agreement, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Agreement to which you are bound. This Agreement is not subject to modification, except in writing by DATACAST in its sole discretion.

8. SEVERABILITY

The invalidity or unenforceability of any provision, paragraph, or portion of this Agreement shall not affect the validity or enforceability of any other provision, paragraph or portion hereof. To the extent permitted by applicable law, the parties waive any provisions of law that renders any provision, paragraph, or portion of this Agreement invalid, illegal or unenforceable in any respect. It is expressly agreed that each provision of this Agreement which provides for a limitation of liability, disclaimer, or warranty or exclusions of damages is intended by the parties to be severable and independent of any other provision and is to be enforced as such. Further, it is agreed if any remedy hereunder is determined to have failed in its intended purpose, all limitations of liability and exclusions of damages set forth herein shall remain in effect.

9. VIOLATIONS

Subscriber agrees to pay and reimburse DATACAST for any and all fees, costs and expenses (including without limitation reasonable attorney's fees, court costs, collection fees, and appellate fees and costs) incurred in connection with DATACAST exercising its rights to enforce compliance with the terms and conditions as set forth hereunder.

10. VENUE

Subscriber, individually and on behalf of any unauthorized recipient the Service, specifically agrees that any litigation brought by DATACAST to enforce the terms of this Agreement, jurisdiction and venue shall be in Palm Beach County, Florida and/or in the United States District Court in and for the Southern District office of Florida.

11. NO WARRANTY

DATACAST MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SERVICE PROVIDED HEREUNDER. DATACAST SHALL HAVE NO LIABILITY ARISING FROM NEGLIGENCE, ERRORS, OMISSIONS, INTERRUPTIONS, OR DELAYS IN THE SERVICE PROVIDED BY DATACAST, INCLUDING, BUT NOT LIMITED TO, LIABILITY FOR LOST PROFITS OR REVENUE, DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES.

12. ASSIGNMENT

DATACAST may sell, assign, transfer this Agreement and Subscriber agrees that the new Service provider shall have the same rights and benefits agreed to hereunder.

13. TRADEMARK

DATACAST is a registered trademark of A.M. Communications Specialists, Inc. All Rights Reserved.

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