ACCEPTANCE OF TERMS

Welcome to Enliven & Associates. Enliven & Associates provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: http:/www.enlivenassociates.com/tos.htm In addition, when using particular Enliven & Associates services, you and Enliven & Associates shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules (including but not limited to our Spam Policy) are hereby incorporated by reference into the TOS. If you are a member of SBC Enliven & Associates Dial or SBC Enliven & Associates DSL, please note that a different ISP Terms of Service applies to you. If you are an account holder through Enliven & Associates Plus, please note that a different Enliven & Associates Plus Terms of Service applies to you. Enliven & Associates also may offer other services from time to time, such as Enliven & Associates Store and Enliven & Associates Site that are governed by different Terms of Services. These TOS do not apply to the Enliven & Associates or any other service rendered by the site.

DESCRIPTION OF SERVICE

Enliven & Associates currently provides users with access to a rich collection of resources, including, various information representation tools and branded programming through its network of properties (the "Service"). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for Enliven & Associates to provide the Service. You also understand and agree that the service may include certain communications from Enliven & Associates, such as service announcements, administrative messages and the Enliven & Associates Newsletter, and that these communications are considered part of Enliven & Associates membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Enliven & Associates properties, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that Enliven & Associates assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.

YOUR REGISTRATION OBLIGATIONS

In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's 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 Enliven & Associates has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Enliven & Associates has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

SPECIAL ADMONITIONS FOR INTERNATIONAL USE

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside.

INDEMNITY

You agree to indemnify and hold Enliven & Associates, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that Enliven & Associates may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on Enliven & Associates's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Enliven & Associates has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that Enliven & Associates reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Enliven & Associates reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

DEALINGS WITH ADVERTISERS

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Enliven & Associates shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

LINKS

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Enliven & Associates has no control over such sites and resources, you acknowledge and agree that Enliven & Associates is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Enliven & Associates 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 use of or reliance on any such Content, goods or services available on or through any such site or resource.

Enliven & Associates'S PROPRIETARY RIGHTS

You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Enliven & Associates or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

Enliven & Associates grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Enliven & Associates for use in accessing the Service.

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