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PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE.

ACCEPTANCE
By using this Web Site ("Site"), you expressly agree to the terms and conditions of this agreement and to comply with all applicable laws and regulations, including United States export laws and regulations. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THIS SITE.

AMENDMENTS
NetBotz, Inc. reserves the right to (a) change the terms of this Agreement; (b) change the Site, including eliminating or discontinuing any product, service, or any other content on or feature of the Site; or (c) change any fees or charges for the products and services of the Site; from time to time and your only notice of such amendment shall be the posting of the amended Agreement on this Site. You are therefore advised to review the Agreement each time you visit the Site.

COPYRIGHT; LIMITED LICENSE
This Site is owned and operated by NetBotz, Inc. The software and all pages, images, text, materials, and other content within the Site are protected by copyright and/or other intellectual property laws and any unauthorized use of the content of this site may violate such laws. Except as expressly provided herein, NetBotz, Inc. does not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information with respect to the Site's content.

Except as specifically permitted herein, no portion of the information or documents on this Site may be reproduced in any form or by any means without the prior written permission of NetBotz, Inc.

If you believe in good faith that materials hosted by NetBotz, Inc. infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you may send us a counter-notice. Notices and counter-notices must meet statutory requirements imposed by The Digital Millennium Copyright Act of 1998. One place to find more information is the U.S. Copyright Office web site, currently located at http://www.loc.gov/copyright. Notices and counter-notices for the Site should be sent to copyright@netbotz.com. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be substantial penalties for false claims.

CODE OF CONDUCT
While using the Site or Site-related services, you agree not to:

Disparage or criticize in any way any other user of the Site, including, without limitation, NetBotz, Inc. partners and customers;
Restrict or inhibit any other user from using and enjoying the Site and the Site-related services;
Upload, post or transmit any content which is unlawful, fraudulent, harmful, threatening, abusive, harassing, tortious, libelous, defamatory, vulgar, obscene, hateful, invasive of privacy or publicity rights, or racially, ethnically or otherwise objectionable;
Impersonate any person or entity or falsely state or otherwise misrepresent your professional or other affiliation with NetBotz, Inc. or any person or entity;
Without NetBotz, Inc.'s prior written approval, upload, post or transmit any unauthorized advertising, promotional materials, "junk mail," "spam," "chain letter," "pyramid scheme," or any other form of unauthorized solicitation;
Upload, post or transmit any content that contains a virus, worm, "time-bomb" (sometimes called "time-lock" or "drop-dead" device), "Trojan horse", "cancelbot", unauthorized access (sometimes called "trap door") code, or any other disruptive or harmful component;
Disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges through the Site (including, without limitation, by the excessive use of scripts, sound waves or scrolling);
Interfere with or disrupt the use of the Site or servers or networks connected to the Site, through "spoofing", "denial of service" (high volume traffic) attack, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
Forge email headers or "trace route" information or otherwise manipulate any identifier in order to disguise the origin of any content uploaded, posted or transmitted on or through the Site;
Upload, post or transmit any content in violation of another party's patent, copyright, trademark, trade secret, or other intellectual property, contract or other right(s);
Upload, post or transmit any content that you do not have a confirmed right to transmit under law or under a contractual or fiduciary relationship (including, without limitation, inside information, or proprietary or confidential information learned or disclosed as part of an employment relationship or under nondisclosure agreement);
Intentionally or unintentionally violate any applicable local, state, national, or international laws or any regulations having the force of law;
Modify, adapt, sublicense, translate, sell, distribute, broadcast, publicly display, exploit for commercial purposes, reverse engineer, decompile, or disassemble any portion of the Site or any Site-related services;
"Stalk" or otherwise harass another party, or harm minors in any way; or
Collect or store personal or other individually identifiable data about another user of the Site.

You acknowledge that NetBotz, Inc.'s ability and cost to provide the Site is enabled by these requirements, and NetBotz, Inc. has no obligation to monitor, edit or revise the Site or Site-related services. However, you acknowledge and agree that NetBotz, Inc. has the right (at NetBotz, Inc.'s option) to monitor the Site and the Site-related services (including, without limitation, email, chat rooms, downloads, forums and events, if any), and to disclose any content uploaded, posted or transmitted on or through the Site to any third party in order to: (a) operate the Site, (b) enforce this Agreement, (d) comply with a legal obligation or governmental request or order, (d) respond to a claim that any such content violates the intellectual property or other right of a third party, and (e) protect NetBotz, Inc. and its partners, customers and the public.

NetBotz, Inc. reserves the right, at any time and with or without notice, to refuse to post or to remove any such content, in whole or in part, that is, in its sole discretion, unacceptable, offensive or in violation of this Agreement or any applicable law.

WARRANTY AND LIMITATION OF LIABILITY INFORMATION
YOU ACKNOWLEDGE AND AGREE THAT EACH OF THE SITE, THE SITE-RELATED SERVICES, THE CONTENT UPLOADED, POSTED OR TRANSMITTED ON OR THROUGH THE SITE, AND ANY PRODUCT, SOFTWARE, DATA, OR SERVICE DOWNLOADED, LICENSED OR PURCHASED THROUGH THE SITE ARE PROVIDED SOLELY ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, PERFORMANCE, TITLE, AND QUALITY, WHICH ARE EXPRESSLY DISCLAIMED EXCEPT AS PROVIDED FOR UNDER THE NETBOTZ STANDARD SALES TERMS AND CONDITIONS AGREEMENT.

NETBOTZ, INC. MAKES NO WARRANTY THAT YOUR ACCESS TO THE SITE OR THE SITE-RELATED SERVICES WILL BE UNINTERRUPTED, TIMELY, ACCURATE, RELIABLE, ERROR-FREE, OR SECURE. NO OPINION, ADVICE, OR STATEMENT OF NETBOTZ, INC. OR ITS AGENTS SHALL CREATE ANY WARRANTY. YOUR USE OF THE SITE AND PURCHASE OR USE OF CONTENT, PRODUCTS, DATA, AND/OR SERVICES PROVIDED THROUGH THE SITE ARE ENTIRELY AT YOUR OWN RISK.

YOU ACKNOWLEDGE AND AGREE THAT NETBOTZ, INC. AND EACH OF ITS PARTNERS, AFFILIATES, ITS THIRD PARTY CONTENT PROVIDERS AND LICENSORS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, ARE NOT AND WILL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR DATA) UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT, THE SITE, THE SITE-RELATED SERVICES AND/OR ANY CONTENT UPLOADED, POSTED, DOWNLOADED FROM OR TRANSMITTED ON OR THROUGH THE SITE. WITHOUT LIMITING THE FOREGOING, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NETBOTZ, INC. IS NOT LIABLE TO YOU OR ANY THIRD PARTY FOR ANY THIRD PARTY'S NEGLIGENT, OR INTENTIONALLY HARMFUL DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT, INCLUDING THE ACTIONS OF OTHER USERS OR THIRD-PARTIES, AND THAT ANY RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, THE SITE-RELATED SERVICES AND/OR ANY CONTENT UPLOADED, DOWNLOADED, POSTED OR TRANSMITTED ON OR THROUGH THE SITE IS TO STOP USING THE SITE AND/OR THOSE SERVICES.

A possibility exists that the Site could include inaccuracies or errors. Additionally, a possibility exists that unauthorized additions, deletions and alterations could be made by third parties to the Site. You understand that all content uploaded, posted or transmitted on or through the Site, whether publicly or privately, is the sole responsibility of the person from which such content originated. Although NetBotz, Inc. plans to attempt to use reasonable efforts to protect the integrity of the Site, NetBotz, Inc. can make no guarantee whatsoever as to any Site content timeliness, completeness, or accuracy. NetBotz, Inc. assumes no liability or responsibility for any error or representation in the content of this Site. In the event that such an inaccuracy arises, please inform NetBotz, Inc. so that it can be reviewed and hopefully corrected.

In many instances, content uploaded, posted or transmitted on or through the Site represents the opinions and judgments of the respective content provider, Site user, a NetBotz, Inc. customer (or employee of a customer), or some other user not under contract with NetBotz, Inc. Consequently, NetBotz, Inc. can neither endorse nor be responsible for the accuracy or reliability of any opinion, advice or statement made on the Site by anyone other than a specifically-designated authorized NetBotz, Inc. employee spokesperson while acting in his/her official capacities. Under no circumstances will or can NetBotz, Inc. be liable to you or any third party for any loss or damage caused by your reliance on any content uploaded, downloaded, posted or transmitted on or through the Site. It is your responsibility to evaluate the accuracy, completeness or usefulness of such content as you independently see fit.

The Site may contain links to other sites on the Internet which are owned and operated by NetBotz, Inc.'s Partners (e.g., consultants for installing NetBotz, Inc. products, suppliers of technology components, etc.), customers and other third parties (the "External Sites"). NetBotz, Inc. has not reviewed and will not review the web sites which are linked to the Site. NetBotz, Inc. has no control over such External Sites. You acknowledge and agree that NetBotz, Inc. does not endorse any External Site and is not responsible or liable for any content, advertising, products, or other materials that may appear on or may be available on, from or through any such External Site. You further acknowledge and agree that NetBotz, Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the purchase or use of or reliance on any such content, advertising, products, or other materials.

INDEMNIFICATION
You agree to indemnify, defend and hold harmless NetBotz, Inc. and its affiliates, partners, third party content providers and licensors and each of their respective directors, officers, employees and agents from and against any and all claims, actions, suits, proceedings, judgments, damages, losses, liabilities, costs and expenses (including, without limitation, reasonable attorneys' fees and related reasonable costs) arising directly or indirectly out of or in connection with (a) your breach of this Agreement (including, without limitation, your violation of the Code of Conduct above), (b) any content uploaded, posted or transmitted by you on or through the Site and/or (c) your activities in connection with the Site or any Site-related services or content.

REGISTRATION/USE OF SECURE AREA AND PASSWORD
Should you use any part or feature of the Site that requires registration, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Site registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or NetBotz, Inc. has ground to suspect that such information is untrue, inaccurate, not current or incomplete, NetBotz, Inc. has the right to suspend or terminate your account and/or to refuse any and all current or future use of the Site and the Site-related Services (or any portion thereof).

Use of any password-protected area of the Site is restricted to the individual (or covering co-worker) who has been given permission and a password to enter such area (the "Authorized Party"). The password cannot be distributed to others, and the Authorized Party (or his/her employer) is responsible for any and all proven damages to NetBotz, Inc. directly resulting from the intentional or negligent distribution of his or her password. If more than one individual wishes to use a single password belonging to an Authorized Party, then such Authorized Party must request express permission from NetBotz, Inc. in writing, it being understood that NetBotz, Inc. shall be under no obligation to approve any such request.

TERMINATION
NetBotz, Inc. shall have the right, at any time and for any reason, in its sole discretion and with or without notice, to immediately terminate this Agreement and/or any individual's access to and use of the Site and/or such user's password(s) or account(s), in whole or in part (including, without limitation, in the event of any conduct by such user which NetBotz, Inc. deems unacceptable, inappropriate or offensive or any breach by such user of this Agreement or any applicable law). You agree that NetBotz, Inc. shall not be liable to you or to any third party for any such termination, other than NetBotz, Inc. will refund the pro rate portion of any then-unearned fee (if any) if termination occurs solely at NetBotz, Inc.'s discretion and not for breach of this Agreement or applicable law.

MISCELLANEOUS
Applicable Agreement(s): This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof, and any and all prior or contemporaneous written or oral agreements existing between the parties hereto are expressly canceled. You may be subject to additional terms and conditions that may apply if and when you use third party content or services.

Waiver: No provision of this Agreement can be waived except in witting by an authorized NetBotz, Inc. representative. No waiver by NetBotz, Inc. of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

Assignability: You may not assign, delegate or otherwise transfer this Agreement or any of your rights and obligations hereunder without NetBotz, Inc.'s prior written consent, including by operation of law, merger or other consolidation.

Severability; Headings: If any provision of this Agreement shall be unlawful, void or unenforceable, then such provision shall be deemed serverable from this Agreement and shall not affect the validity any enforceability of any remaining provisions. Any heading, caption, or paragraph title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any paragraph or provision hereof.

GOVERNING LAW AND JURISDICTION
This Agreement is entered into in the State of Texas, U.S.A., and shall be governed by and construed in accordance with the laws of the State of Texas, exclusive of its choice of law rules, and applicable United States federal law. The U.N. Convention on Contracts for the International Sale of Goods shall not apply.

ARBITRATION
Except for actions for temporary and/or preliminary injunctive relief and/or an action to enforce an arbitration decision, all disputes, controversies or claims arising out of or related to your use of the Site, as well as the scope, application, interpretation and construction of the terms and conditions of use of the Site (including any non-contractual claims between the Parties), shall be referred to arbitration under the Rules of Arbitration of the American Arbitration Association in effect at the time the dispute arises, by a panel of three arbitrators reasonably familiar with the technology and business pertaining to the use of the Site, appointed in accordance with said Rules. The arbitration and all pleadings and written evidence shall be in the English language. Judgment on the award entered by the arbitrator may be entered in any court having jurisdiction therof.

AVAILABILITY: DEPENDENCE ON THE PUBLIC INTERNET. You acknowledge and agree that the Internet (including, without limitation, that portion known as the World Wide Web) is a network of private and public networks, that NetBotz, Inc. has no control over the Internet or the Web, and that therefore, NetBotz, Inc. is not liable for the interruption, erroneous performance, or discontinuance of operation, of any portion of the Internet, or possible regulation of the Internet which might interfere with or restrict the operation of www.netbotz.com.

VOID WHERE PROHIBITED
Not all products or services discussed or referenced in or on the Site are available to all persons, or in all geographic locations or jurisdictions, even though the Site may be accessible worldwide. NetBotz, Inc. reserves the right to limit the availability of the Site and/or the provision of any product or service to any person, geographic area or jurisdiction in its sole discretion, and to limit the quantity of any such product or service that it may provide.