Terms and Agreements - MASSIVE RESPONSE PROGRAM

This agreement will govern your purchase and use of any MBP Services (collectively called "Plan", your account will also be referred to as your "Plan") as described in the Order Form, ordered by you and accepted by MBP Advertising, Inc. (also known as MBP) and explains the terms and conditions that apply to your purchase and the use of the Plan. It is required that you register and accept this terms and conditions in order to use the Plan. By clicking the checkbox next to the text that reads "I have read, understood and accept the MBP's Terms and Agreement" (also known as Acceptance Checkbox) you acknowledge that you have read this agreement and agree to be bound by the terms and conditions contained on this document as well as all policies and guidelines incorporated by reference. You agree that the act of submitting your order form online is equivalent to your signature. You agree that all the information you submit online is true and correct to the best of your knowledge.

1. Disagreement. If you do not agree to the terms of this document, or any of MBP's policies or guidelines, do not check the Acceptance Checkbox and your Plan will not be created. If you do not agree to the terms of any modification to ANY MBP document, immediately notify MBP of your termination of this agreement, thereby terminating your Plan with MBP.
2. Modification Agreement. MBP reserves the right to change or modify any of the terms and conditions contained on this document and any policy or guideline incorporated by reference at any time. From time to time it is at MBP reserves, in it's sole discretion, the right to determine whether and when any such changes apply to both existing or future customers. Any changes or modification will be effective upon posting to MBP's website. MBP will only post a notice of any revisions or changes to this document for thirty 30 days in the Control Panel of MBP's website. MBP may change or modify ANY policies or guidelines without notice to you. Your continued use of MBP's Plan will be the reflection of your cooperation and acceptance of any changes or modifications.
3. Term. (i) 30 Days Terms - This agreement will be for the "term" of 30 days, beginning from the moment you register for the Plan. This agreement and your Plan will be automatically renewed at the expiration of the term unless you followed the instructions described in the Termination Policy below. (ii) 12 or 24 Months Terms - This agreement will be for the "term" of twelve (12) or twenty-four (24) months, beginning from the moment you register for the Plan. This agreement and your Plan will be automatically renewed at the expiration of the term unless you followed the instructions described in the Termination Policy below.
4. Title. MBP remains the owner of all right, title and interest in the software regarding the Plan and its functions. You are granted permission to use the Plan as long as you maintain current payments for your account.
5. Lateness. If your payment is declined, your account will be terminated. You may sign up for a new Plan when your funds are available to provide payment.
6. Plan Usage. The Acceptable Use Policy (also called AUP) dictate the general policies and procedures for the use of the Plan. MBP's Online Privacy Statement informs the customer of how MBP will collect, store, process and use the information associated with the use of your Plan. MBP's Privacy Policy is located on MBP's website and may be updated at any time. You should carefully read the AUP, as by registering for the Plan you will be bound by the AUP and any modifications made to said document. MBP reserves the right to terminate your Plan without prior notice if you, in any way, should violate any part of the AUP or this Agreement.
7. License Grant. MBP hereby grants you a nonexclusive license to access the Massive Response program on any single computer at a given time. Consecutive connections are not allowed from your single members area.
8. MBP certifies that the Plan will perform in substantial accordance with the documentation on the website.
9. Quality of Service. MBP will make its best efforts to provide quality, and uninterrupted services but this is not a guarantee. MBP will not be responsible for any damages caused by service interruption, temporary delay, or outages of the Plan.
10. Employee Solicitation. You agree not to approach MBP's employees with proposal to hire them as his own employees or contractors. If you were to hire any of MBP's employee, you agree to pay MBP for each employee the greater amount of three year's salary for that employee or $300,000.
11. Limited Liabilities. Under no circumstances, including, without limitation, negligence or other tort, principles of contract, warranty, breach of any statutory duty, principles of indemnity or contribution, the failure of any limited or exclusive remedy to achieve its essential purpose or otherwise, shall MBP in creating, producing or distributing the Plan there under be liable to you for any indirect, special, consequential, incidental or exemplary damages including, without limitation, to damages for lost profits, loss of use, lost of data, errors, defects, phone bills, communication lines bills, loss of privacy, damages to third party even if MBP has been advised of the possibility of such damages. In no event will MBP or its suppliers have any liability for unauthorized access to, theft or destruction of any content made available for distribution by the Plan through fraud or devices.
12. Indemnification. You agree that you shall defend by counsel reasonably accepted by MBP, protect and hold MBP harmless from and against any and all demands, liabilities, losses, costs, expenses, claims, including reasonable attorneys' and consultants' fees and court costs, demands, causes of action, or judgment directly or indirectly arising out of or related to the Plan provided MBP to you.
13. Disclaimer. You acknowledge and agree that MBP accepts no responsibility or liability for, and employs no control over, the content of the information passing through MBP's host servers, network hubs, or the Internet. All services performed there under are performed "as is" and without warranty against failure of performance including, without limiting to, any failure due to computer hardware or communication systems. Except as expressly provided in this Agreement, MBP does not make and hereby disclaims, and you hereby waive all reliance on, any representations or warranties, arising by law or otherwise, in reference to the Plan, including, but without limiting to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or developing from course of dealing, course of performance, or usage in trade.
14. Automatic Plan Upgrade. MBP may automatically upgrade Plan without notice if the prices for the same Plan change for monthly Plan
15. Termination Instructions: If you wish to terminate your Plan service, you may do so by logging into your members account at our website.
16. Liabilities and Obligations on Termination. If the Agreement expires or is terminated for any reason, MBP is not liable to you because of such an expiration or termination for compensation or reimbursement on Plan of the loss of prospective profits, anticipated sales, goodwill or on Plan of any investment, relation to, or association with your business or for any other reason resulting from your termination or expiration. Any termination of this Agreement will not deem you exempt from past due invoices or fees that have acquired prior to the termination of this Agreement owed by you to MBP as provided in this Agreement. MBP reserves the right to refuse service to anyone and terminate any Plan without reason with 10 days notice.
17. Violations. Failure to follow MBP's Agreement, policies, guidelines (collectively called "Conditions") will result in cancellation of your Plan. MBP will be the sole arbiter as to what constitutes a violation of the Conditions. MBP reserves the right to remove any Plan without prior notice. MBP may investigate any reported violation of the Conditions or any complaints and take any action that it deems appropriate and reasonable to protect its systems, facilities, and/or third parties.
18. Email Accounts. You agree to use a valid POP3 eMail account for receiving messages from other members of the Plan and for receiving messages from MBP. You further agree to keep your inbox clear so that messages do not bounce back to our sending servers.
19. Promotions.  Promotions through MBP are subject to cancellation at anytime. MBP has the right to revoke any promotional offer previously offered on an account should it not comply with the terms and conditions of the promotion.  Promotional terms and rates do not apply to renewals of terms or accounts without limitation. Refunds offered by MBP through any and all promotions can only be claimed within the first 30 days after the first date of issuance through the promotion. Any request for a promotion to be in-acted after the designated promotional period will be denied.
20. Actions. MBP reserves the right to restrict or remove any content from its program or messages that you send that violates the Conditions, or is objectionable, or infringing on any third party's rights or in potentially violation of any laws. In the event that MBP becomes aware of the violation of the Conditions, a third party's rights or laws, MBP may immediately take corrective action which may include, but not be limited to, (1) restricting the Plan, (2) suspending or terminating the Plan, (3) restricting or prohibiting any and all use of MBP's equipment, and/or (4) pursue other civil remedies. The above stated rights however does not obligate MBP to monitor or exert control over the information made available through the Plan. MBP will not be obligated to refund you any fees or charges paid in advance for corrective actions due to possible violations of the Conditions.
21. Disclosure. MBP may reveal any information it deems necessary or appropriate, including, without limitation, user profile (e.g. name, e-mail address, etc...), usage history, material contained on MBP's system in order to abide by any applicable laws, lawful governmental requests, to protect MBP's systems and customers, or to provide and protect the quality, functionality, and integrity of MBP's business and equipment. MBP reserves the right to report any activities that it suspects violates any laws or regulations to the appropriate law enforcement officials, regulators or any other appropriate third parties.
22. Compensation. You agree to compensate MBP and its affiliates and suppliers (and their respective employees, directors and representatives) for any and all expenses, including, without limitation, all claims, actions, proceedings, suits, liabilities, fines, and attorneys' fees, incurred by MBP or it's suppliers, arising out of or relating to (1) your violation or breach of any agreement, terms, representation or warranty of this Agreement or any applicable policy or guideline; (2) your improper or illegal use of the Plan; or (3) your violation, alleged violation, or misappropriation of any intellectual property right (including, but not limited to, trademark, copyright, patent, trade secrets) or nonproprietary right of a third party.
23. Entire Agreement. This agreement in addition with and to all policies and guidelines incorporated herein by reference, constitutes the entire agreement and contract between you and MBP and supersedes any and all prior and contemporaneous, oral or written representations, communications, understandings and agreement between you and MBP with respect to the subject matter hereof, all of which representations, communications, understandings and agreements are hereby canceled to the extent they are not specifically merged herein. You agree that you are entering into this entire agreement on the basis of any representations or promises not expressly contained in the entire agreement.
24. Advertising. MBP may, free of any obligation to compensation, payment or reward, use your name and refer to you as a client, in advertising, publicity, or similar materials distributed or displayed to current or prospective clients.
25. Refusal of Service - MBP reserves the right to refuse service to any customer at anytime regardless of reason.
26. Laws. The entire agreement shall be governed by the laws of the United States and the state of Alabama and its validity constructions, interpretation and legal effect shall be governed by the laws and judicial decisions of the State of Alabama applicable to contracts entered into and performed entirely within the State of Alabama. You shall at all times accord with all applicable laws and regulations and shall protect and save MBP harmless from your failure to stray from accordance. You agree that MBP shall not have to perform any obligations set forth in this Agreement if such performance would violate any present or future law, regulation or policy of any applicable government. You shall not use the Plan in any way that violates U.S. export laws, including without limitation, uses related to the distribution of weapons of mass destruction, prohibited chemical, biological, or nuclear weapons or missile use. You agree that you are not located in, under control of, or a national or resident of any country restricted as a destination by U.S. law or on the US Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Table of Denial Orders.
27. Severability. If any provisions of the entire agreement shall be unlawful, void, or for any reason, unenforceable, it shall be deemed severable form and shall in no way affect the validity or enforceability of, the remaining provisions of the entire agreement, which shall remain valid and enforceable according to its terms. If it is deemed severable form, the liability of MBP and its suppliers to you will be limited to the amount actually paid to MBP by you under this agreement during the three (3) months preceding the date on which the claim accumulated. This limitation applies to all causes of action in the aggregate including, but not limiting, to breach of contract, breach of warranty, negligence, strict liability, misrepresentations, and other damages. The fees for the Plan set by MBP have been and will continue to be based upon this allocation risk. Accordingly, you hereby release MBP and its suppliers from any and all obligations, liabilities, and claim beyond the limitation stated in this section
28. Warranties and Representation. You warrant and represent to MBP that you are (1) at least eighteen 18 years of age; (2) you possess the legal right and ability to enter this agreement; (3) you will use the Plan only for lawful purposes and remain in accordance with this Agreement and all policies and guidelines that may apply; (4) you will be financially responsible for your Plan; (5) you have acquired, or will acquire all necessary arrangements for hypertext links to a third party Web sites or other content; (6) you have verified or will verify the accuracy of materials distributed or made available through use of the Plan, including, without limitation, your content, claims, warranties, guarantees, nature of business, and address where business is conducted, and (7) your content does not infringe or violate any right of any third party (including intellectual property rights) or violate any applicable law, regulation or ordinance.

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