Through it's GetUnicorn.com (the "Services") Netfinity, Inc. ("Netfinity, Inc.") provides web site operators a variety of tools and resources to create, launch, and manage online email marketing campaigns. This service may not be used for the sending of unsolicited email (sometimes called "spam"). The following are the terms and conditions for use of the Services. By using the services, you accept these terms and conditions.

1.1 The Services are provided subject to this Agreement, as it may be amended by Netfinity, Inc., and any guidelines, rules or operating policies that Netfinity, Inc. may establish and post from time to time (the "Agreement"), including without limitation GetUnicorn.com email privacy policy, or otherwise furnished to you (the "Policy") (unless otherwise stated, all references to the Agreement shall include the Policy). By posting updated versions of the Agreement on the Service or at the GetUnicorn.com web site, or otherwise providing notice to you, Netfinity, Inc. may modify the terms of the Agreement and may discontinue or revise any or all other aspects of the Services in its sole discretion. All such changes shall become effective upon posting of the revised Agreement on the Service.

1.2 The Services are available only to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, the Services are not available to individuals under the age of 18. If you do not qualify, please do not use the Services.

1.3 The Services enable corporate web sites, small business web sites, and community sites to develop and execute email marketing.

1.4 The Services will be subject to set up and transmission fees ("Paid Services").

1.5 You are responsible for maintaining the security of your account, passwords, and files, and for all uses of your account and of the Services in your name. Netfinity, Inc. reserves the right to refuse registration of, or cancel, accounts it deems inappropriate.

1.6 You will be billed monthly for Services. Payment for Services will be made by a valid credit card, check or Telegraphic Funds Transfer accepted by Netfinity, Inc. You hereby authorize Netfinity, Inc. to charge your credit card for such amounts on a regular basis, but generally on the first day of each month. If Netfinity, Inc. is for any reason unable to effect automatic payment via your credit card, you will be notified via email and your GetUnicorn.com account will be disabled until payment is received. Monthly pricing may vary based upon subscriber count or emails sent, you are responsible for reviewing the Fee Schedule from time to time and remaining aware of the Fees charged by Netfinity, Inc.

2.2 You acknowledge and agree that the Services and the Netfinity, Inc. company names and logos and all related product and service names, design marks and slogans, are the property of Netfinity, Inc. or its affiliates or suppliers (collectively, the "Marks"). You are not authorized to use any of the Marks in any advertising, publicity or any other commercial manner without the prior written consent of Netfinity, Inc. Your use of the Services confers no title or ownership in the Service, the Software or the Marks and is not a sale of any rights in the Service, the Software or the Marks. All ownership rights remain in Netfinity, Inc. or its third party suppliers, as the case may be.

2.3 You represent, covenant, and warrant that you will use the Services only in compliance with the Agreement and all applicable laws (including but not limited to policies and laws related to spamming, privacy, obscenity, or defamation). You agree you will not access or otherwise use third party mailing lists in connection with preparing or distributing unsolicited email to any third party. You hereby agree to indemnify and hold harmless Netfinity, Inc. against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys' fees) in connection with any claim or action that arises from an alleged violation of the foregoing or otherwise arising from or relating to your use of the Services. Although Netfinity, Inc. has no obligation to monitor the content provided by you or your use of the Services, Netfinity, Inc. may do so and may remove any such content or prohibit any use of the Services it believes may be (or is alleged to be) in violation of the foregoing.

2.4 Every email message sent in connection with the Services must contain an "unsubscribe" link that allows visitors to remove themselves from your mailing list. Netfinity, Inc. may immediately disable your access to the Services if you violate this restriction.

2.5 The Services may only be used for lawful purposes. Transmission or solicitation of any material that violates United States federal, state or other laws that may apply in this jurisdiction or your local area is prohibited. This may include material that is obscene, threatening, harassing, libelous, or in any way a violation of intellectual property laws or a third party's intellectual property rights. See Netfinity, Inc. Prohibited Content for details.

2.6 Netfinity, Inc. will not use your customer list or any other customer information for any other purposes than those intended with the service. Your customer information will not be shared with any other parties. In addition, Netfinity, Inc. will not use your customer information for the purpose of sending unsolicited commercial e-mail.

3.2 Netfinity, Inc. may terminate this Agreement or the Services at any time with or without cause, and with or without notice.

3.3 Netfinity, Inc. will delete any of your archived data within 30 days after the date of termination. All sections of this Agreement, which by their nature should survive termination, will survive termination, including, without limitation, ownership, warranty disclaimers and limitations of liability.

3.4 If you do not log into your account for more than 90 days, the account will become inactive. When an account is classified (at Netfinity, Inc. sole discretion) as inactive, Netfinity, Inc. will notify you by email. INACTIVE ACCOUNTS HAVE 30 DAYS TO BECOME ACTIVE OR THE ACCOUNT AND ITS DATA, INCLUDING SUBSCRIBER SIGNUPS, MAY BE PERMANENTLY REMOVED FROM THE NETFINITY, INC. DATABASE.

USE OF THE SERVICES AND ANY RELIANCE BY YOU UPON THE SERVICES, INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. NETFINITY, INC. DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. THE SERVICES ARE PROVIDED "AS IS" AND NETFINITY, INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

Your sole and exclusive remedy for any failure or nonperformance of the Services shall be for Netfinity, Inc. to use commercially reasonable efforts to adjust or repair the Services.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL NETFINITY, INC. OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS "NETFINITY, INC.") BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF NETFINITY, INC. SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN THE EVENT THAT NOTWITHSTANDING THE FOREGOING, NETFINITY, INC. IS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), THE LIABILITY OF NETFINITY, INC. TO YOU WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

You may not remove or export from the United States or allow the export or re-export of the Services, or any direct product thereof, including technical data, in violation of any restrictions, laws, or regulations of the United States or any other applicable country.

7.1 If any provision of the Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.

7.2 Netfinity, Inc. and you agree that the Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of the Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No delay or omission by either party in exercising any right or remedy under this Agreement or existing at law or equity shall be considered a waiver of such right or remedy.

7.3 No agency, partnership, joint venture, or employment is created as a result of the Agreement, and you do not have any authority of any kind to bind Netfinity, Inc. in any respect whatsoever.

7.4 In any action or proceeding to enforce rights under the Agreement, the prevailing party will be entitled to recover its costs and attorneys' fees.

7.5 The Agreement shall be governed by the laws of California, USA without regard to its choice or law or conflict of laws provisions. All legal actions in connection with the Agreement shall be brought in the state or federal courts located in San Diego, California.