When becoming a sponsor for SendFree, you agree to the following:

1. You will pay Direct E-Mail Company dba DEMC in advance for the number of email ads you want delivered by SendFree.

2. You will submit a text ad message which is no more than 5 lines of text, 60 characters maximum to a line, with no words all in Caps.

3. SendFree reserves the right to edit or refuse any text ad message submitted at any time.

4. You acknowledge that your text ad message, when making a "Wide Reach" purchase, will be placed on SendFree members' autoresponder replies, and that SendFree has no control over: (a) the times at which your text ad message will appear in such autoresponder replies; or (b) the exact content of such autoresponder replies.

5. You represent and warrant that your information in the text ad message and in any follow up information seen by prospects (i) does not violate any law or regulation; (ii) does not infringe in any manner any copyright, patent, trademark, trade secret or other intellectual property right of any third party; (iii) does not breach any duty toward or rights of any person or entity including, without limitation, rights of publicity or privacy, or has not otherwise resulted in any consumer fraud, product liability, tort, breach of contract, injury, damage or harm of any kind to any person or entity; (iv) is not false or misleading; and/or (v) is neither defamatory, libelous, slanderous or threatening.

6. You hereby indemnify and hold harmless SendFree, its members, licensors, licensees, consultants, contractors, agents, attorneys and employees from any and all liabilities, costs and expenses, including, without limitation, reasonable attorney's fees, that may arise from your use of SendFree and/or your breach of the terms of this Agreement, including, without limitation, the breach of any representation or warranty. This obligation will survive any termination of this agreement.

7. CANCELLATION OR TERMINATION: If you are dissatisfied with SendFree or with any of the terms and conditions contained herein, your sole and exclusive remedy is to terminate your account. You may cancel your sponsorship of SendFree at any time by sending a message to sales@demc2.com Notwithstanding anything contained in this Agreement to the contrary, SendFree may, in its sole discretion, terminate your account, and discontinue your participation in SendFree.

IMPORTANT: CANCELLATION OR TERMINATION MAY NOT ALWAYS ENTITLE YOU TO A REFUND. PLEASE SEE THE SECTION ENTITLED REFUNDS FOR MORE INFORMATION.

8. REFUNDS: If SendFree terminates your account or if you decide to terminate your SendFree account, and you provide notice to SendFree, your account will be deemed terminated 2 business days from when SendFree receives such notice. You will only receive a refund for email advertisements you paid for that have not yet been delivered for your account. You will not receive a refund for those email advertisements which have already been sent out.

9. SENDFREE'S LIABILITY SHALL BE STRICTLY LIMITED TO THE AMOUNT ALREADY PAID BY YOU TO SENDFREE FOR THOSE TEXT AD MESSAGE SENT OUT IN OUR SENDFREE DIGESTS OR OUR AUTORESPONDER AD EXCHANGE FOR THE PRIOR MONTH PERIOD.

10. CHOICE OF LAW: This Agreement shall be construed and controlled by the laws of the State of Connecticut. Any controversy arising from or in connection with this agreement shall be subject to exclusive jurisdiction in a court in New Haven, Connecticut, without regard to its conflict of laws principles.

11. ATTORNEY FEES: If any legal action is necessary to enforce this Agreement, the prevailing party shall be entitled to reasonable attorney fees, costs and expenses in addition to any other relief to which it may be entitled.

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