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NetGram, Inc. Terms and Conditions Agreement

NetGram Incorporated ("NetGram") offers to you ("Sender"), and your designated recipients ("Recipients"), the NetGram document production and courier service ("Service") available through the NetGram Web site and electronic mail interface under the following conditions:

NOTICE TO USER: THIS IS A CONTRACT. BY REGISTERING FOR THIS SERVICE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.

1. Non-infringement of Copyright.

Sender agrees that any information published through the Service is either owned by the Sender or published with appropriate copyright permission from the legal owner of said information. Sender agrees to hold NetGram free of any claims with respect to copyright ownership which may arise as a result of use of Service.

2. Obligations.

Sender agrees to accurately identify own postal address and contact information. Sender acknowledges that fraud with respect to origin of information published with this Service is expressly prohibited, and may be restricted by state, federal or international laws, as applicable. NetGram retains the right to refuse the Service for any reason.

3. No Warranty.

The Service is being delivered to you AS IS and NetGram makes no warranty as to its use or performance. NETGRAM AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS SENDER OR RECIPIENTS MAY OBTAIN BY USING THE SERVICE. NETGRAM AND ITS SUPPLIERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL NETGRAM OR ITS SUPPLIERS BE LIABLE TO SENDER OR RECIPIENTS FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, EVEN IF A NETGRAM REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. Some states or jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, or the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you.

NetGram makes no warranty with respect to the privacy of Sender information, unless otherwise stated.

4. Jurisdiction and Coverage.

Issues arising from this agreement which lead to adjudication will be governed by the laws of the State of California. If any term or provision of this Agreement is determined to be invalid or unenforceable, other terms and provisions will remain in effect.

YOUR ACCEPTANCE OF THE FOREGOING AGREEMENT WAS/WILL BE INDICATED DURING SYSTEM REGISTRATION.