1. INTRODUCTION.
SurveyCaster (the "Service") is offered by NetCasters, Inc. ("NetCasters") subject to this Agreement on Terms of Agreement (the "Agreement"). Please read this Agreement carefully, because it constitutes a legally binding contract and governs your participation in the Service. The Service includes an Internet web site and associated software processes to create and edit online surveys and obtain survey responses for use by you ("Member" or "you"). The Terms of Agreement set forth below and any rules or policies otherwise set forth on this Site comprise the entire agreement between Member and SurveyCaster and supersedes any and all prior agreements or understandings between the parties.

2. SERVICE PROVIDED.
Upon payment of the Survey creation fee SurveyCaster will provide online tools to create, edit, and publish an online survey. Member is solely responsible for the creation of survey questions, responses, publishing the survey via a link, and intepretation of the results.

3. MODIFICATION TO SERVICES PROVIDED; TERMS OF AGREEMENT.
Member acknowledges and agrees that SurveyCaster may, with or without notice, modify, delete, or amend the Services and/or Site provided hereunder. Further, Member acknowledges and agrees that SurveyCaster may further modify, delete or amend the Terms of Agreement from time to time.

4. PAYMENT TERMS.
Member agrees to pay all charges to Member's account, including any applicable taxes, at the rates in effect when the charges are incurred. SurveyCaster may change the fees and charges then in effect, or add new fees or charges, by giving Members notice in advance, when the change affects the Member. Member must provide SurveyCaster with valid credit card information, and must promptly inform SurveyCaster of any changes in credit card validity or expiration date. SurveyCaster will keep Member's credit card information confidential, and ensure that credit card processing takes place in a secure environment. Member may cancel his or her subscription at any time by sending an email to customer service requesting cancellation. Upon receipt of such notification, SurveyCaster will immediately terminate Member's access to the Services. No refunds of subscription fees will be given. If payment cannot be charged to Member's credit card, SurveyCaster reserves the right to suspend or terminate Member's account and access to the Services. SurveyCaster reserves the right to terminate Member's subscription at any time.

5. REGISTRATION & PASSWORD.
Member shall provide current, complete, accurate information in the registration section of the Site. Member shall further update and keep such information current as needed. Member shall provide a password in order to access the Member's account. Member is solely responsible for maintaining the confidentiality of Member's password and account information. Member shall immediately notify SurveyCaster of any unauthorized account activity or any breach of security known to Member.

6. DISCLAIMER OF WARRANTIES.
MEMBER EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF THE SERVICE AND THE SITE IS AT MEMBER'S SOLE RISK. THE SERVICE AND THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

TO THE FULLEST EXTENT ALLOWED BY LAW, SURVEYCASTER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE CONTENTS OF THE SERVICES OR THE SITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. SURVEYCASTER ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN CONTENT.

SURVEYCASTER IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY SURVEY OR INVITATIONS TO TAKE SURVEYS OR INVITATIONS TO VIEW SURVEY RESULTS CREATED ON OR THROUGH THE SERVICE NOR IS IT RESPONSIBLE FOR THE RESPONSES SUBMITTED TO ANY SURVEY REQUESTS OR FOR THE RESULTS GENERATED BY SURVEY RESPONSES. SURVEYCASTER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RELIABILITY OR ACCURACY OF THE RESPONSES TO SURVEYS. SURVEYCASTER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE CONSEQUENCES OF THE USE OF ANY SURVEY, SURVEY RESPONSES OR SURVEY RESULTS NOR DOES SURVEYCASTER WARRANT THE CORRECTNESS, USEFULNESS, RELIABILITY, ACCURACY OR OTHERWISE OF ANY SURVEY, SURVEY RESPONSES OR SURVEY RESULTS. SURVEYCASTER IS NOT RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION OR OTHER LOSS RESULTING FROM USE OF OR RELIANCE IN ANY WAY ON ANY SURVEY, SURVEY RESPONSES OR SURVEY RESULTS CREATED ON OR THROUGH THE SERVICE OR THE SITE. IT IS SOLELY MEMBER'S RESPONSIBILITY TO EVALUATE THE ACCURACY, RELIABILITY, COMPLETENESS AND USEFULNESS OF ANY SURVEYS, SURVEY RESPONSES, SURVEY RESULTS OR OTHER INFORMATION RECEIVED WHILE USING THE SERVICE OR SITE.

SURVEYCASTER MAKES NO WARRANTY THAT THE SERVICE OR SITE WILL MEET MEMBER'S REQUIREMENTS OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS-FREE, ERROR-FREE, ACCURATE OR RELIABLE; NOR DOES SURVEYCASTER MAKE ANY WARRANTY AS TO ANY INFORMATION THAT MAY BE OBTAINED THROUGH THE SERVICE OR SITE OR THAT DEFECTS IN THE SOFTWARE FOR THE SERVICE WILL BE CORRECTED OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

MEMBER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THE SERVICE OR SITE IS DONE AT MEMBER'S OWN DISCRETION AND RISK AND THAT MEMBER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO MEMBER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.

SURVEYCASTER MAKES NO WARRANTY REGARDNG ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR SITE OR ANY TRANSACTIONS ENTERED INTO THROUGH OR BASED UPON THE SERVICE OR THE SITE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY MEMBER FROM THE SERVICE OR SITE OR THROUGH THE SERVICE OR SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

9. LIMITATION OF LIABILITY.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NEITHER SURVEYCASTER NOR ANY PARENT ENTITIES, SUBSIDIARIES, AFFILIATES, OFFICERS OR EMPLOYEES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF MEMBER'S ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE ON THE SERVICE OR ANY SURVEYS, SURVEY RESPONSES OR SURVEY RESULTS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF MEMBER IS DISSATISFIED WITH THE SERVICE, THE MATERIALS AVAILABLE ON OR THROUGH THE SERVICE OR THE SITE, OR WITH ANY OF THE TERMS OF AGREEMENT, MEMBER'S SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE AND LEAVE THE SITE IMMEDIATELY.

7. NO SPAMMING.
Click here to review NetCaster's No Spamming Policy. Member acknowledges and agrees that SurveyCaster is serving as "survey host" and is not the sender or originator of any survey. From time to time, SurveyCaster may solicit feedback on services provided by the site. Member warrants and promises that Member either has an ongoing business or personal relationship with or has obtained consents to send emails inviting participation in a survey to the persons on the Member's own email list or such lists purchased from a third party. Member further warrants that Member's use of the Site or Service will not violate any spamming, junk mail or other related laws or regulations prohibiting or discouraging unsolicited mail. When Member enters email information for Member's survey recipients or establishes email lists in Member's personal Email List Manager, that information remains untouched and private in Member's personal locker. Member's password protects that information. SurveyCaster never discloses that information and if it ever wanted to, SurveyCaster would get express approval from Member first. However, if Member has breached the Terms of Agreement, SurveyCaster will report such conduct to the appropriate authorities and turn over any and all information, including personally identifying information, to appropriate persons or entities.

8. OTHER PROHIBITED USES.
Member agrees not to transmit through the Service or the Site any pornographic, obscene, offensive, threatening, harassing, libelous, hate-oriented, harmful, defamatory, racist, illegal or otherwise objectionable material or content. Member shall not send any transmission that attempts to hide Member's identity or represents Member as someone else. Any attempt by Member to transmit, publish or distribute material or content that promotes, provides or relates to instructional information about illegal activities or promotes physical harm or injury against any individual or group is strictly forbidden. Member specifically agrees not to use the Service or the Site to send any materials, including surveys and requests to take surveys, to any persons under 18 years of age unless and until the member has taken and follows all necessary action and compliance pursuant to state and federal laws. Member agrees not to upload or distribute in any way any files that contain viruses, corrupted files or any similar software or programs that may damage the operation of anyone else's computer, the Service or the Site. Member agrees not to interfere or disrupt networks connected to the Service and the Site. Any attempt by Member to gain unauthorized access to any computer system, including accounts, lockers or databases maintained by and for SurveyCaster, is strictly forbidden. Member agrees to comply with all applicable laws relating to such conduct. Member agrees to comply with all laws, rules and regulations regarding transmission of technical data exported from the United States. If Member engages in any activity set forth in this paragraph or violates any terms or conditions of the Terms of Agreement, Member's account will be terminated and use of the Service and Site prohibited. SurveyCaster will report such conduct to the appropriate authorities and turn over any and all information, regarding such activity to appropriate persons or entities.

9. PROPRIETARY RIGHTS.
SurveyCaster owns the content including the graphics, names, text, software, music, videos, sound, pictures, compilations, survey templates, surveys, page layout, design, processes, procedures, magnetic translation, digital conversion or other material contained in the Service and the Site to the extent such content is provided and/or designed by SurveyCaster. It is all protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. No one may copy, reproduce, distribute in any way, or decompile, reverse engineer or disassemble the content. Member is permitted the limited license to use the content of the Service and the Site as authorized herein to create surveys and view survey responses and survey results for Member's personal use as an end product only, and Member must at all times maintain SurveyCaster's copyright symbol on the product in any form or medium. Member owns its surveys, survey responses, survey results and related survey data ("Member's Content"), and Member assumes the entire risk of disclosing Member's Content to third parties. Modification or use of SurveyCaster's content in any prohibited way is a violation of copyright and other proprietary laws. No one may copy, reproduce, transmit, post, distribute or create derivative works from this Site without prior express authorization.

10. NO MISAPPROPRIATION OR MISUSE OF NAMES, MARKS, OTHER PROPRIETARY MATERIAL.
Member agrees not to use, misuse or misappropriate any brand names, trademarks, service marks, patents, images, text or other proprietary material or content of another on or through the Service or the Site. If Member uses any such proprietary material or content, by doing so, Member warrants that Member has the right and authority to do so.

11. DATABASE AND STORAGE OF SURVEYS, RESPONSES AND RELATED SURVEY DATA.
Survey results are maintained for a period of 30 days after your survey expires. There are no storage limitations while you are a subscriber.

12. LINKS AND ADVERTISERS.
SurveyCaster may provide advertising space and/or links and pointers to Internet sites maintained by third parties. SurveyCaster has not reviewed all of the third party sites nor reviewed any products or services they may provide. SurveyCaster is not responsible for nor does it endorse the contents or any products or services of such third parties or their sites. SURVEYCASTER DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES OFFERED OR SUGGESTED BY THIRD PARTIES ON THE SITE. SURVEYCASTER DOES NOT ENDORSE OR OTHERWISE WARRANT OR GUARANTEE THE PRODUCTS OR SERVICES THAT ARE EITHER ADVERTISED ON THE SITE OR CONNECTED BY LINK.

13. TERMINATION.
These terms of Agreement may be terminated by either party hereto at any time. SurveyCaster shall not be liable to Member or any third party in any manner for termination of the Service. In the event Member should become dissatisfied with the Terms of Agreement or any modifications thereof, or with the Service or the Site, Member's only recourse is to discontinue use of the Service, terminate the membership and give notice of these actions. Upon termination, Member's right to use the Service and the Site cease immediately and SurveyCaster shall have no obligation whatsoever to forward any surveys, survey responses or survey results to Member.

14. INDEMNIFICATION.
Member agrees to defend, indemnify and hold harmless SurveyCaster, its parent entities, subsidiaries, affiliates, officers, and employees, for any and all claims and demands, including attorney's fees, due to or arising from Member's use of the Service, surveys, survey responses, survey results and any other conduct related in any way to the Service or the Site, including but not limited to breaching any warranty or provision contained in these Terms of Agreement.

15. JURISDICTION.
The Terms of Agreement and the relationship between Member and SurveyCaster shall be treated as if entered into and executed in the State of Massachusetts and shall be governed and construed in accordance with the laws of the State of Massachusetts, without regard to conflict of law principles. SurveyCaster makes no representation that the materials and content on the Site or relating to the Services are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is strictly forbidden. Those who access the Services or the Site from other locations do so on their own initiative and at their own risk and are responsible for compliance with local laws. Any claim or demand under the Terms of Agreement must be made within 1 year of the occurrence.

16. NATURE OF AGREEMENT.
Member agrees that the registration procedure, account set-up and subsequent activation of the "Submit" button constitute agreement to the Terms of Agreement. Further, the Terms of Agreement is the entire and only agreement between the parties and supersedes any prior or other understandings, representations or warranties. Member agrees that each use of the Services and the Site reaffirms Member's acknowledgment and agreement to the Terms of Agreement.

17. GENERAL PROVISIONS.
In any dispute arising from the relationship between Member and SurveyCaster or the Terms of Agreement, the prevailing party shall be entitled to reasonable attorney's fees and costs. The failure by SurveyCaster to enforce any right or provision under the Terms of Agreement shall not constitute a waiver of that provision or any other provision of the Terms of Agreement. If any provision of the Terms of Agreement shall be determined to be invalid or unenforceable by a court of competent jurisdiction, the other provisions of the Terms of Agreement shall remain in full force and effect.