NotWired is pleased to welcome you to the NotWired.com service. By using NotWired.com (the "Service")  you agree to the terms and conditions listed on this page (the "Terms of Service"), which may be updated by NotWired from time to time. Please read them carefully.

THIS IS A LEGAL AGREEMENT BETWEEN YOU AND NOTWIRED INCORPORATED, A WHOLLY OWNED COMPANY OF OBJECTSOFT. PLEASE REVIEW THIS DOCUMENT CAREFULLY. BY CLICKING ON THE "I ACCEPT" BUTTON WHEN ENTERING NOTWIRED.COM, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE, CLICK ON THE "I DECLINE" BUTTON AND YOU WILL EXIT THE REGISTRATION PROCESS.

Definitions

When used in this agreement:

"Administrator" means a person responsible for the original creation of an organization on NotWired.com.

"Content" is all materials provided to you through NotWired.com or any derivative sites including but not limited to documents, products, graphics, sounds, images, software, and services whether provide by NotWired or any third party. Content excludes information you place on the NotWired.com web site, registrations, templates or data you create.

"Data" means any documents, database records, personal profile information and other information you store on NotWired.com.

"Service" is the NotWired.com service that includes content, business processes, software, graphics and user interface workflow.

"Submissions" means all comments, feedback, suggestions or letters in any written, electronic or verbal form you submit to NotWired relating to the NotWired.com site or services related to the NotWired.com site.

"Subscription Fee" means the fee charged for services by NotWired for use of NotWired.com or any derivative third party add-on to NotWired.com.

"Templates" means components used that may be customized by you or a third party to improve NotWired.com.

"TOS" means Terms of service or this agreement.

"Third party providers" means parties other that NotWired that provide templates, functionality or derivative services with NotWired.com.

"User" means a user of the service. Users may be administrators.

Summary of Terms of Service

Summary I. You agree to provide true and correct information about yourself in the Service signup form.

Summary II. You agree not to plagiarize information and presentation from the Service.

Summary III. You must be over sixteen years of age to create any organization.

Summary IV. You agree not to use the Service, create any organization, user id, or other content or otherwise transmit any information or material that:

• Promotes or contains any information that is unlawful, false or misleading or that promotes illegal conduct or purposes;
• Promotes racism, bigotry, hatred, or harm of any kind against any group or individual;
• Is or could be in any way harmful to minors;
• Is harassing, libelous, invasive of another's privacy, abusive, threatening, vulgar, obscene, tortuous, or otherwise objectionable, or that infringes or may infringe the intellectual property or other rights of another;
• Involves chain letters, junk mail, "spamming" or commercial solicitations.

Summary V. You agree that NotWired, in its sole discretion, may terminate your organization login and all user logins for your organization, your membership in other organization profiles and remove and discard any and all related content for any reason, including, without limitation, if NotWired believes you have in any way violated the Terms of Service. NotWired may also in its sole discretion and at any time discontinue the Service with or without notice. You may report any violations of these Terms of Service to .

Summary VI. NotWired does not endorse and is not be responsible for any companies created by the Service or any content or material contained in any  on-line organization or the conduct of any service members.

Terms of Service

I. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE

The Service is provided to you ("you" or "User") under the terms and conditions of this Service Terms of Service ("TOS") and any amendments thereto and any operating rules or policies that may be published from time to time by NotWired. NotWired may change the TOS from time to time with or without notice to you and such change shall be effective with or without notice. Each use by you of the "Service" reaffirms your acceptance of, and your agreement to be bound and to abide by, the TOS as amended. The TOS comprises the entire agreement between the User and NotWired and supersedes any prior agreements pertaining to the subject matter contained herein. BY COMPLETING THE REGISTRATION PROCESS AND CLICKING THE "I ACCEPT" BUTTON ON REGISTRATIONS AND NEW MEMBER SIGNUP, YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT.

II. DESCRIPTION OF SERVICE AND RESPONSIBILITIES

NotWired is providing the User with the capability to create an an on-line organization via the Service. NotWired is also providing the User with the software tools for organizing and communicating with other members of the Service. It is also providing tools to streamline business processes over the Internet. There are two classes of Users of the Service.

Administrators

The original creator of an organization on the Service and all other members designated by the original creator granted the security rights of an Administrator are "Administrators." Administrators make the decisions about who to invite into the on-line organization, the subject matter and membership guidelines for the organization. Administrators are responsible for all activities of the organization and for ensuring compliance with TOS. They also have special administrative privileges (e.g., they can change organization information, grant or revoke access privileges, signup for fee services, etc.). Furthermore, Administrators will establish, implement and enforce appropriate minimum age requirements and will not allow members under sixteen (16) years of age to join any organization that is inappropriate for minors or of an age sensitive subject matter.

Members

User acknowledges that Administrators of the organization determine the membership rules and the other users who are invited into the on-line organization. Administrators have the discretion to remove members or revoke access privileges from an organization at any time. User agrees that NotWired has no responsibility for the conduct or content of any on-line organization, the membership rules or requirements of any organization, or resolving any disputes arising from any organization or use of the Service.

III. FEES

User must: (a) provide for User's own access to the Internet and pay any service fees associated with such access, and (b) provide all equipment necessary for User to make such connection to the Internet, including but not limited to a computer and modem. User understands that NotWired provides no assistance, including any technical or customer support, to the User, and that your use of the Service is at your own risk.

IV. DATA ON THE SERVICE

"Data" includes all graphic files, documents or any other information that you upload into the system that is part of the Service. You are solely responsible for your Data. You and the administrator(s) of your organization have the right to remove and edit the Data you upload into the system. Other members of your organization can view the Data and may be able to copy and redistribute the Data you upload into system. NotWired reserves the right at any time to take any action with respect to such Data and to remove Data at any time at NotWired's sole discretion, including, without limitation, if any Data contains content that NotWired believes may be harmful to minors. NotWired has no responsibility or liability for the deletion or failure to store any Data on the Service.

You agree (a) that you have the right to upload the Data, (b) to comply with all requirements, procedures, policies and regulations regarding the uploading of Data including, without limitation, limitations regarding maximum file size, (c) that the Data shall not (i) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (ii) violate any law, statute, ordinance or regulation (including without limitation laws governing export control, consumer protection, unfair competition, or false advertising); (iii) be defamatory, libelous, threatening or harassing; (iv) be obscene or contain child pornography or any other material that is in any way or could be harmful to minors.

V. USER'S REGISTRATION OBLIGATIONS

In consideration of use of the Service, User agrees to: (a) provide true, accurate, current and complete information about User as prompted by the Registration Form, and (b) to maintain and update this information to keep it true, accurate, current and complete. This information about a User shall be referred to as "Registration Data." If any information provided by User is untrue, inaccurate, not current or incomplete, NotWired has the right but not the obligation to terminate User's account and refuse any and all current or future use of the Service.

VI. USE OF REGISTRATION DATA

User agrees NotWired or its designee may disclose Registration Data to third parties about User and information about User's use of the Service provided that such disclosures do not include User's name, mailing address, email address, telephone or facsimile number, or account number, except as authorized by User or in the good faith belief that such action is reasonably necessary to comply with the law or legal process, or as set forth in the Privacy Policy.

VII. MODIFICATIONS TO SERVICE

NotWired reserves the right to modify or discontinue, temporarily or permanently, the Service with or without notice to User. User agrees that NotWired shall not be liable to User or any third-party for any modification or discontinuance of the Service. NotWired does not guarantee that changes to the service will affect data or other portions of the system.

VIII. USER ACCOUNT, PASSWORD AND SECURITY

User will receive a password and account designation upon completing the registration process. User is responsible for maintaining the confidentiality of the account and password, and is fully responsible for all activities that occur under User's account. User agrees to immediately notify the Service of any unauthorized use of User's account or any other breach of security. User acknowledges that NotWired cannot guarantee the security of any information or data distributed or posted on any connected office and shall not be responsible or liable for any loss of or breach of security with respect to such information or data.

IX. USER CONDUCT

User agrees to abide by all applicable local, state, national, and international laws and regulations in User's use of the Service, and agrees not to interfere with the use and enjoyment of the Service by other Users. User agrees to be solely responsible for User's actions and the contents of User's transmissions through the Service. User agrees not to impersonate any person or entity, including but not limited to, a NotWired official, Administrator or member, or falsely state or otherwise misrepresent your affiliation with a person or entity.

User agrees (a) not to use the Service for illegal purposes; (b) not to interfere with or disrupt the Service or servers or networks connected to the Service; (c) not to upload or distribute in any way files that contain viruses, corrupted files, or any other similar software or programs that may damage, disrupt or otherwise harm the operation of another's computer; (d) to comply with all requirements, procedures, policies and regulations of networks connected to the Service; (e) not to use the Service in any way that is or could be in any way harmful to minors; and (f) to comply with all applicable laws regarding the transmission of technical data or software exported from the United States. User agrees not to use the Service to collect or harvest any personal information, including, without limitation, identifying or financial information, about other users of the Service. User also agrees not to impersonate or create a false identity of any person.

User agrees not to post, promote or transmit through the Service any unlawful, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, obscene, hateful, racially, ethnically or otherwise objectionable material of any kind. User agrees not to transmit or post any material that violates the rights of another, including but not limited to the intellectual property rights of another. User agrees not to transmit, promote or disseminate any material that violates any applicable local, state, national, or international law or regulation. User agrees not to attempt to gain unauthorized access to other computer systems or networks connected to the Service. Finally, User agrees not use the Service to post or transmit "junk mail", "spam", "chain letters", or unsolicited mass distribution of email.

NotWired may, but is not in any way obligated to, enforce these TOS against any user.

X. NO RESALE OF SERVICE

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

XI. NON-TRANSFERABLE

A User cannot transfer this agreement to another party.

XII. STORAGE

User agrees that NotWired has no responsibility or liability for the deletion or failure to store any files, messages and other organization communications or other content maintained or transmitted by the Service. NotWired may establish an upper limit on the amount of computer memory or capacity that is allocated to each organization.

XIII. INDEMNITY

User agrees to indemnify and hold NotWired, Inc., 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 User's use of the Service, User's connection to the Service, User's violation of the TOS, or User's violation of any rights of another.

XIV. TERMINATION

User agrees that NotWired, in its sole discretion, may terminate User's password, account or use of the Service and terminate User's use of Service, for any reason, including, without limitation, if NotWired believes (a) that User has violated or acted inconsistently with the letter or spirit of the TOS, or (b) that User has violated the rights of NotWired or other Users or parties. User agrees that any termination of service under any provision of this TOS may be effected without prior notice, and acknowledges and agrees that NotWired may immediately delete User's account, membership in any organization, and all related information and files in User's account and bar any further access to such files or the Service.

XV. DEALINGS WITH ADVERTISERS

User's correspondence with or participation in promotions of advertisers found on 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 User and such advertiser. User agrees NotWired 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.

XVI. LINKS

The Service may provide, or Users may provide, links to other Web sites or resources. User acknowledges and agrees that NotWired 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. User agrees that NotWired 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 such external sites or resources.

XVII. NOTWIRED'S PROPRIETARY RIGHTS

User acknowledges and agrees that content, including but not limited to text, software, music, sound, photographs, graphics, video, or other material or information presented to User through the Service or contained in sponsor advertisements is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. User acknowledges and agrees that User is permitted to use this material and information only as expressly authorized by NotWired or advertisers, and may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express authorization.

XVIII. DISCLAIMER OF WARRANTIES

YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE NOTWIRED SERVICES ARE AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF NOTWIRED.COM SERVICES IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

EXCEPT AS EXPRESSLY SET FORTH ON OUR SITES, NOTWIRED DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT AND IT MAKES NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF NOTWIRED’S SERVICES, REGARDING THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH NOTWIRED’S SERVICES, REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH NotWired’S SERVICES, REGARDING ANY TRANSACTIONS ENTERED INTO THROUGH NOTWIRED’S SERVICES OR THAT NotWired’S SERVICES WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE.

XIX. LIMITATION OF LIABILITY

NOTWIRED WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE NotWired’S SERVICES, RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH NOTWIRED’S SERVICES, RESULTING FROM LOSS OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF A USER'S TRANSMISSIONS OR DATA OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF NotWired HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

USER FURTHER AGREES THAT NotWired SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF SERVICE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT.

USER AGREES THAT NOTWIRED SHALL NOT BE RESPONSIBLE OR LIABLE TO USER, OR ANYONE, FOR THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

XX. NOTICE

Any notice to User or to the Service shall be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to Users generally on the Service.

XXI. GENERAL

The TOS and the relationship between User and NotWired shall be governed by the laws of the State of Illinois without regard to its conflict of law provisions. User and NotWired agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Cook, Illinois. The failure of NotWired to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred from action. The section titles in the TOS are for convenience only and have no legal or contractual effect.