All services provided by XpressMotion may be used for lawful purposes only. Transmission or storage of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material legally judged to be threatening or obscene, or material protected by trade secret and other statue. The subscriber agrees to indemnify and hold harmless XpressMotion from any claims resulting from the use of the service which damages the subscriber or any other parties.

Prohibited Uses

You are solely responsible for all content, messages, information and all acts and omissions that are sent or occur under your XpressMotion account or password, and you agree not to engage in prohibited or unacceptable use of your XpressMotion Autoresponder, which includes, without limitation, use of your XpressMotion Autoresponder for:

a. "Spamming" which includes, but is not limited to,

• sending unsolicited messages in bulk, or sending unsolicited e-mails which provoke complaints from recipients,
• sending junk e-mail,
• use of distribution lists that include e-mail addresses for people who have not given specific permission to be included in such distribution process,
• e-mailing age-inappropriate communications or content to anyone under the age of 18.

b. disseminating or transmitting material that XpressMotion determines may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious;

c. disseminating, storing or transmitting files, graphics, software or other material that actually or potentially infringes a copyright, trademark, patent, trade secret or other intellectual property right of any person;

d. creating a false identity or otherwise attempting to mislead any person as to the identity or origin of any communication;

e. exporting, re-exporting or permitting downloading of any message or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses or exemptions.

f. interfering, disrupting or attempting to gain unauthorized access to other XpressMotion accounts or the XpressMotion.com server;

g. disseminating, storing or transmitting viruses, or any other malicious code or program; or

h. including fraudulent content within the body or subject line of e-mail messages;

i. engaging in any other activity deemed by XpressMotion to be in conflict with the spirit or intent of this Agreement.

You further understand that sending bulk e-mail may cause an ISP to terminate your Internet service. You are responsible for complying with the terms of service of your ISP and XpressMotion assumes no liability for your noncompliance with such terms.

Spam Complaints

Any complaints received by XpressMotion about the User engaging in Spamming will be forwarded to the User via e-mail.  XpressMotion will immediately remove the complaining recipient from User's contact list upon receipt of a complaint.

a. DVS Deactivated   ; . If you deactivated the DVS, the following provisions will apply.   You must respond to the e-mail notifying you of the complaint, via facsimile or e-mail, to XpressMotion within 24 hours of receiving notice of the complaint.  If 24 hours elapse without a response, or if the response does not verify, to XpressMotion's satisfaction, you did not send Spam to the recipient(s), XpressMotion may terminate your access to your XpressMotion Autoresponder without further notice and without any refund.  If, within any 24-hour period, NetFolio receives three (3) or more complaints of the User engaging in Spamming, the your access to your XpressMotion Autoresponder, including but not limited to the Autoresponder, will immediately be suspended pendingreceipt of your response or termination of your access as outlined above.   If, within any 24-hour period, XpressMotion receives in excess of three (3) complaints of the User engaging in Spamming, you will be charged and will pay a $5.00 Administrative fee for each additional Spam complaint, beginning with the fourth Spam complaint received by XpressMotion in any 24-hour period.  You further authorize XpressMotion to charge the amount of any such fee toyour credit card and/or set off any such fees against any sums due and owing to you from XpressMotion under the terms of this Agreement.

Importing or in any way using purchased leads with an XpressMotion account is strictly prohibited. If you paid money or in any way purchased a group of pre-existing leads these may not be used with XpressMotion. This includes co-registration services, "safe lists" or any type of free leads given to you. Only people that have specifically requested information directly from you may be emailed thru XpressMotion.

Batching or in any way trying to script the addition of new subscribers to the web form subscribe methods is strictly forbidden. A script must not be used to auto submit a web form subscriber on behalf of a website visitor. The visitor who desires to subscriber to your list must be the one to activate that subscription process.

Pornography and sex-related merchandising are prohibited on any XpressMotion server. XpressMotion will be the sole arbiter as to what constitutes a violation of this provision.

Payment is due immediately after date of invoice. All payments must be in US dollars and withdrawable from a US bank. The subscriber is responsible for providing up-to-date payment information. XpressMotion will not be held responsible should the subscriber's payment information become out-of-date.

If payment is by credit card, the subscriber authorizes XpressMotion to charge the credit card listed on the subscription form for those charges for XpressMotion services that may accrue from month to month, or for any past-due balances, in order to bring the account to current status. Credit card payments will be billed and charged automatically, and XpressMotion may charge the amount due to the provided card at any time.

Accounts are in default if payment is not received within 20 days after date of invoice. If a subscriber's check is returned by the bank as unredeemable, the subscriber will be deemed to be in default, and will be liable for a "returned check" charge of $25. Accounts unpaid 20 days after date of invoice may have their service interrupted. Such interruption does not relieve the subscriber from the obligation to pay the monthly charge. Only a written request to terminate your service relieves you of your obligation to pay the monthly account charge. Accounts in default are subject to a late payment charge of $25 and an interest charge of 1.5% per month on the outstanding balance. If the subscriber's state law does not allow an interest rate of 1.5% per month, the maximum allowable rate for the subscriber's state will be charged. If the subscriber defaults, the subscriber agrees to pay XpressMotion its reasonable expenses, including attorney and collection agency fees, incurred in enforcing its rights under these Terms and Conditions.

All files, information and mail under the account will be preserved for 20 days from the date the payment is due. If the payment is not received after 20 days, all files, information and mail under the account will be deleted. If the subscriber wishes to use the service again, the subscriber must re-apply as a new subscriber.

The subscriber agrees that the company has the right to delete all data, files or other information that is stored in the subscriber's account if the subscriber's account with the company is terminated, for any reason, by either XpressMotion or the subscriber.

System accounts can not be transferred or used by anyone other than the subscriber. Accounts which have been transferred to other parties, or show other activity in violation of this paragraph, are subject to immediate cancellation.

XpressMotion shall have the right to suspend service to the subscriber at any time, and for any reason, without notice. If such a suspension is to last for more than 20 days, the subscriber will be notified as to the reason.

Service provided by XpressMotion may be cancelled in writing at any time with no penalty. Customer unit name and password must be included in the cancellation request. Cancellation will take effect only when the receipt of the cancellation request is confirmed by XpressMotion. XpressMotion reserves the right to change the rate by notifying the subscriber 15 days in advance of the effective date of the change.

XpressMotion exercises no control whatsoever over the content of the information passing through XpressMotion. All leads (email addresses) generated by subscriber are held strictly confidential. The leads are never released to any other parties for any purpose. The lead information is only used on XpressMotion' servers to deliver the follow up messages designated by the subscriber.

Customers are prohibited from transmitting on or through any of XpressMotion' services, any material that is, in XpressMotion' sole discretion, unlawful, obscene, threatening, abusive, libelous, or hateful, or that encourages conduct which would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law.

XpressMotion makes no warranties of any kind, whether expressed or implied, for the service it is providing. XpressMotion also disclaims any warranty of merchantability or fitness for a particular purpose. XpressMotion will not be responsible for any damage suffered. This includes loss of data resulting from delays, nondeliveries, misdeliveries, or service interruptions caused by XpressMotion' negligence or the subscriber's errors or omissions. Use of any information obtained via XpressMotion is at your own risk. XpressMotion specifically denies any responsibility for the accuracy or quality of information obtained through its services.

LIMITED LIABILITY. ANY LIABILITY OF THE COMPANY, INCLUDING WITHOUT LIMITATION ANY LIABILITY FOR DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OF OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, SHALL BE STRICTLY LIMITED TO THE AMOUNT PAID BY OR ON BEHALF OF THE SUBSCRIBER TO THE COMPANY FOR THE CURRENT MONTH.

Should any provision of this agreement be held to be illegal, invalid, or unenforceable by a court law, the legality, validity and enforceability of the remaining provisions of this agreement shall remain unaffected thereby unless otherwise stated.

This agreement shall be governed by the laws of the State of Pennsylvania and the United States.

These Terms and Conditions supersede all previous representations, understandings or agreements and shall prevail notwithstanding any variance with terms and conditions of any order submitted. Use of XpressMotion service constitutes acceptance of these Terms and Conditions.

Name:	______________________________________
Signature:	______________________________________
Date:	______________________________________