Netsurfer, Inc. Trademark Notice Netsurfer, SoftCast, and NetKit are registered trademarks and the Netsurfer logo is a trademark of Netsurfer, Inc. Windows 95, 98, 2000 and Windows NT are trademarks of Microsoft Corp. All other company and product names may be trademarks of their respective owners. The information contained herein is subject to change without notice. Copyright © 2001-2006 Netsurfer, Inc. All rights reserved. Terms and Conditions (Last Updated January 11, 2006) IMPORTANT! THESE TERMS AND CONDITIONS (THESE "TERMS AND CONDITIONS") GOVERN YOUR USE OF THE NETSURFER.COM WEBSITE (THE "WEBSITE") PROVIDED BY NETSURFER, INC. (THE "COMPANY"). BY ACCESSING AND/OR USING THE WEBSITE, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATIONS, THE FOLLOWING TERMS AND CONDITIONS. 1. Permitted Use. You have a nonexclusive, nontransferable, limited, revocable right to use the Website solely for Your personal educational, informational, and entertainment use. You will not use the Website for any other purpose, including any commercial purpose, without the Company’s express prior written consent. For example, You will not and will not authorize any other person to (i) Co-brand the Website or portion thereof, or (ii) frame the Website or portion thereof (whereby the Website or portion thereof will appear on the same screen with a portion of another website). "Co-branding" means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute the Website or content accessible within the Website. You agree to cooperate with the Company in causing any unauthorized Co-branding, framing or linking to immediately cease. You may use the Website for lawful purposes only. You may not post or transmit through the Website any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law. The Company will fully cooperate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity of anyone posting such information or materials. 2. Trademarks. The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Website are registered and unregistered Trademarks of the Company and its licensors, content providers, and business partners. Nothing contained on the Website should be construed as granting, by implication, estopple, or otherwise, any license or right to use any Trademark displayed on the Website without the written permission of the Company or such party that may own the Trademark. Your use of the Trademarks displayed on the Website, or any other content on the Website, except as provided in these Terms And Conditions, are strictly prohibited. The Company will aggressively enforce its intellectual property rights to the fullest extent of the law, including seeking criminal prosecution. 3. Proprietary Information. The content accessible within the Website, including without limitation, all articles, press releases, Trademarks, graphics, charts, screen captures, clipart, text, links, product information, and other information (collectively, the "Content") is the proprietary information of the Company and its content providers, and the Company and its content providers retain all right, title, and interest in the Content. Accordingly, You will not reproduce, transmit, publish or distribute such Content to any third party without the express written consent of the Company or the applicable content provider except that You may print out a copy of Content solely for Your personal use. In doing so, You will not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. 4. Indemnity. You will indemnify and hold the Company, its licensors, content providers, service providers and contractors (the "Indemnified Parties") harmless from Your breach of these Terms And Conditions and Your use of Content other than as expressly authorized in these Terms And Conditions. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of Your use of the information accessed from the Website. 5. Disclaimers. Your use of and browsing in the Website are at Your sole risk. THE WEBSITE AND ALL CONTENT ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, INFRINGEMENT, TITLE OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THE WEBSITE OR ITS CONTENTS WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES THE COMPANY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE OR CONTENT OR AS TO THE ACCURACY, COMPLETENESS, TRUTHFULNESS, RELIABILITY OF ANY INFORMATION PROVIDED THROUGH THE WEBSITE. Some jurisdictions may not allow the exclusion of certain implied warranties, so some of the above exclusions may not apply to You. The Company does not guarantee or warrant that files available for downloading from the Internet will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy Your particular requirements for accuracy of data input and output, and for maintaining a means external to the Website for the reconstruction of any lost data. The Company does not assume any responsibility or risk for Your use of the Internet. 6. Limitation of Liability. THE COMPANY, ITS LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, AND THEIR EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS (COLLECTIVELY, THE "COMPANY AND ITS AFFILIATES"), WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS OR SIMILAR DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF OR ACCESS TO THE WEBSITE, CONTENTS OR INABILITY TO USE THE WEBSITE, OR OTHERWISE ARISING IN CONNECTION WITH THIS WEBSITE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS AFFILIATES (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE, OR IF YOU HAVEN'T MADE ANY PAYMENTS TO COMPANY, THEN THE LIABILITY OF COMPANY AND ITS AFFILIATES SHALL NOT EXCEED $100.00. Some jurisdictions may not allow the exclusion of certain implied warranties, so some of the above exclusions may not apply to You. 7. License. By communicating with the Company (by e-mail or otherwise) or participating in any discussion forum, You grant the Company an irrevocable, non-exclusive, transferable and worldwide royalty-free right and license to use, reproduce, modify, adapt, translate, publicly perform and display, distribute, sublicense, create derivative works from, and sell any information, message, suggestion, idea, or concept You communicated to the Company or posted on the Website (in whole or in part) for any purpose the Company chooses, commercial, public or otherwise. 8. Links. This Website may contain hyperlinks to websites operated by third parties other than the Company. Such hyperlinks are provided for Your references only. The Company does not control such third party websites and is not responsible for their contents or the products and services offered on the third party websites. The Company's inclusion of the hyperlinks to such websites does not imply any endorsement of the material on such website or any association with their operators. Operators of other websites may not maintain links to this Website without the Company’s prior written consent. The Company reserves the right to prohibit other websites from linking to this Website. 9. Changes. The Company has the right at any time to change or discontinue any aspect or feature of the Website. These Terms And Conditions are subject to change by the Company at any time in its discretion. Your use of the Website after such changes are implemented constitutes Your acceptance of the changes. Please consult these Terms And Conditions regularly. 10. Miscellaneous. a. Headings. The Section headings of these Terms And Conditions are for ease of reference only and shall not be admissible in any action to alter, modify or interpret the contents of any Section hereof. b. Severability. If any Section or provision of these Terms And Conditions are held illegal, unenforceable or in conflict with any law by a court of competent jurisdiction or arbitral tribunal, such Section or provision shall be deemed severed from these Terms And Conditions and the validity of the remainder of these Terms And Conditions shall not be affected thereby. c. Governing Law. These Terms And Conditions shall be governed by and construed in accordance with the laws of Georgia applicable to contracts made and to be enforced wholly within such state. d. Arbitration. Any dispute or disagreement arising out of these Terms And Conditions, or breach thereof, shall be settled by arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Such arbitration shall be held in Atlanta, Georgia. e. Jurisdiction and Venue. Subject to Section 12(d) relating to Arbitration, You and the Company (collectively the "Parties;" individually a "Party") irrevocably agree that any legal action, suit or proceeding brought by it in any way arising out of these And Conditions must be brought solely and exclusively in the United States District Court for the Northern District of Georgia or in the state courts of the State of Georgia located in Atlanta, Georgia, and irrevocably accept and submits to the sole and exclusive jurisdiction of each of the aforesaid courts in person, generally and unconditionally with respect to any action, suit or proceeding brought by it or against it by the other Party. Waivers and Amendments. The waiver by either Party of any provision of these Terms And Conditions on any occasion and upon any particular circumstances shall not operate as a waiver of such provision of these Terms And Conditions on any other occasion or upon any other circumstances. These Terms And Conditions may be waived or amended only in a writing signed the Parties. Privacy Statement Netsurfer, Inc. (the "Company") respects the privacy of every individual who visits our website at www.netsurfer.com (the "Website") or sends us e-mail. Your privacy is very important to us. Therefore, we have prepared this Privacy Statement to inform You as to how we collect, use and to whom and under what conditions we may disclose the information You entrust to us. Information We Collect and How We Use It You can visit our Website without telling us who You are or providing us with any information. However, we may collect the domain names (not the e-mail addresses) of all visitors to our Website to measure the number of visits, pages visited, average time spent on the Website, etc. We also may collect the e-mail addresses of those who send us e-mail messages. We use this information to continually improve the convenience and functionality our Website for our customers. If You choose to provide us with personal information on the Website, for example by registering with us, signing up for a training class, or sending us an e-mail, You are agreeing to share that information with the Company and its subsidiaries, affiliates and business partners. We use personal identifiable information about You to improve our marketing and promotional efforts, to statistically analyze Website usage, to improve our content and to customize our Website's services, content and layout. For example, we may use the information to ensure the proper delivery of information You requested, provide personalized service and to inform You about our products and services. We may also use Your personal information to inform You of new products, services, changes, or promotions. If You do not want us to send You this type of information, please send us an e-mail at info@netsurfer.com. Like many other Internet websites, our Website may make use of "cookie" technology to measure Website activity and to customize information to Your personal tastes. A "cookie" is an element of data that a Website can send to Your browser, which may then store the "cookie" on Your hard drive so we can recognize You when You return. So, when You come back to visit us, we can tailor information to suit Your individual preferences. The goal is to save You time and provide You with a more meaningful visit. You may set Your browser to notify You when You receive a "cookie," however please note that by not accepting "cookies" from the Website, You will limit the functionality we can provide when You visit our Website. Collecting Information From Children We do not intend to collect personal information from children who identify themselves as being under 18 years of age. Children should not provide personal information on this Website, and should ask their parents to submit a request on their behalf if they want to receive information related to this Website. Sharing Information We do not intend to sell any of the information we collect to third parties. We may provide aggregate statistics to reputable parties and our subsidiaries, affiliates and business partners about the visitors to our Website, but these statistics will not include any personal identifying information about You. Other Information Collectors Except as otherwise expressly discussed in this Privacy Statement, this document only addresses the use and disclosure of information we collect from You. Our Website may include links to the websites of our business partners, vendors and advertisers. To the extent that You disclose Your information to other parties, You are subject to the privacy customs and policies of that third party. We are unsure whether these third parties have Privacy Statements similar to ours, and therefore, the Company cannot be responsible for the content or the privacy practices employed by any third party. Your use of this Website constitutes Your consent to the collection and use of this information by the Company. If we change our Privacy Statement, we will update this page of the Website so You will always be aware of how we use Your information. Reviewing and Changing Your Personally Identifiable Information You have the right to access and correct Your personal information. You can review, update, delete and change Your personal information by sending us an e-mail using our contact page, or by notifying us in writing at Netsurfer, Inc., Customer Service, 180 Interstate North Parkway, Suite 290, Atlanta, Georgia 30339. Questions and Contact Information If You have any questions, concerns or comments about this Privacy Statement, please send us an e-mail using our contact page, or contact us toll free at 1-888-847-7873. You can send written comments to: Netsurfer, Inc., 180 Interstate North Parkway, Suite 290, Atlanta, Georgia 30339.

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