By accessing any areas of this Internet site or by ordering any product or service through the use of this Internet site, user agrees with PhotoPublishing that user is bound by the terms set forth below. The terms of this agreement include terms on use of this Internet site, terms on the purchase of products and services, and terms regarding copyright and trademark matters.

"PhotoPublishing" means (1) entities controlled by, under common control with or controlling PhotoPublishing, including without limitation PhotoPublishing, Inc. “PhotoPublishing”, PhotoPublishing Inc. (2) any contractual affiliate of the entities in (1) above that are authorized to use the PhotoPublishing brand name and which either sell wireless services or manage a portion of the PhotoPublishing wireless network, and (3) any entity which is a member of the PHOTOPUBLISHING Group as defined from time to time by PhotoPublishing Corporation.

1. Copyright and Trademark

© 2003 PhotoPublishing, Inc. “PhotoPublishing” All rights reserved. PhotoPublishing is a registered trademark of PhotoPublishing, Inc.

This Internet site contains information, data, software, photographs, graphs, videos, graphics, music, sounds and other material (collectively, "Content") that are protected by copyrights, trademarks, trade secrets or other proprietary rights. These rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and PhotoPublishing owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. All Content is copyrighted and PhotoPublishing owns a copyright in the selection, coordination, arrangement and enhancement of the Content, page headers, custom graphics and button icons.

PhotoPublishing grants you permission to copy electronically and to print in hard copy portions of the Content for (1) personal use if you maintain all copyright notices, trademark legends and other proprietary rights notices, (2) using this Internet site as a personal shopping resource, (3) communicating with PhotoPublishing about a PhotoPublishing product or service, or (4) placing an order with a PhotoPublishing. Any other use of materials on this site, including reproduction for purposes other than permitted above, uploading, modification or distribution, is prohibited without PhotoPublishing’ prior written permission.
All other trademarks, product names, and company names and logos appearing on PhotoPublishing are the property of their respective owners. User must obtain permission from those owners before copying or using the owner’s trademarks, product names and company names and logos.

2. Digital Millennium Copyright Act

PhotoPublishing respects the intellectual property rights of others and is committed to complying with U.S. Copyright laws. PhotoPublishing policy is to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. The Digital Millennium Copyright Act of 1998 ("DMCA") provides recourse for owners of copyrighted material who believe their rights under U.S. copyright law have been infringed on the Internet.

If you believe your work has been copied and is accessible on this site in a way that may constitute copyright infringement, please provide notice to PhotoPublishing Designated Agent. The notice must include the following information as provided by the Digital Millennium Copyright Act, 17 U.S.C. 512 ( c ) (3):
a. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
b. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
c. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
d. Information reasonably sufficient to permit the service provider to contact the complaining party, such as address, cell phone number, and, if available, an electronic mail address at which the complaining party may be contacted;
e. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
f. A statement that the information in the notification is accurate and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The Designated Agent for notice of copyright infringement claims may be reached as follows:

By Mail:
Eric Hegwood
5330 W. Electric Ave.
Milwaukee, WI. 53219
By Fax: (414) 727-5138

Counter Notification to Claimed Copyright Infringement
If a copyright infringement notice has been wrongly filed against you as a result of mistake or a misidentification of the material, you may file a counter notification with PhotoPublishing Designated Agent. The counter notification must provide the following information:
g. Physical or electronic signature of the subscriber;
h. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
i. A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification;
j. The subscribers name, address, cell phone number and text message address, and a statement that the subscriber consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification or an agent of such person.

PhotoPublishing will terminate all account holders and subscribers who are repeat infringers of intellectual property laws.

3. Third Party Content PhotoPublishing is a distributor and manufacturer of Content supplied by third parties and has no more editorial control over that Content than a public library or newsstand. PhotoPublishing is not responsible for any opinions, advice, statements, services or other information that constitute Content and is provided by third parties. PhotoPublishing does not guarantee the accuracy, completeness or usefulness of that Content. The user is responsible for evaluating such Content.

4. On Line Conduct

Any conduct by a user that in PhotoPublishing's sole discretion restricts or inhibits any other user from using or enjoying this Internet site will not be permitted. User will use this Internet site only for lawful purposes.

User may not post on or transmit through this Internet site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate applicable laws.

PhotoPublishing may prohibit conduct, communication, or Content that it, in its sole discretion, believes to be harmful or objectionable to individual users, PhotoPublishing or its affiliates, or any rights of PhotoPublishing or any third party, or to violate applicable laws. Notwithstanding the foregoing, PhotoPublishing cannot ensure prompt editing or removal of questionable Content after online posting. Accordingly, neither PhotoPublishing, nor any of its affiliates, nor the officers, directors, employees and other representatives of any of them, assume liability for any action or inaction with respect to conduct, communication, or Content on this Internet site.

5. No Warranties; Limitation of Liability

Use of this Internet site is at user's sole risk. Neither PhotoPublishing, nor its affiliates, nor any of its officers, directors, or employees, agents, third-party content providers, vendors, licensers ,or the like, warrant that this Internet site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of this Internet site, or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through this Internet site (see below regarding product warranties provided by handset manufacturers).

PHOTOPUBLISHING IS PROVIDING THIS INTERNET SITE AND ITS CONTENT ON AN "AS IS" BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THIS INTERNET SITE OR ITS CONTENT. PHOTOPUBLISHING DISCLAIMS ALL THOSE REPRESENTATIONS AND WARRANTIES, INCLUDING FOR EXAMPLE WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE. FURTHER, PHOTOPUBLISHING DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE ON OR THROUGH THIS INTERNET SITE IS ACCURATE, COMPLETE OR CURRENT, AND ALL INFORMATION, INCLUDING PRICES AND AVAILABILITY, IS SUBJECT TO CHANGE WITHOUT PRIOR NOTICE TO USER.

Except as otherwise specifically stated on this Internet site, neither PhotoPublishing nor any of its affiliates, nor the directors, employees or other representatives of any of them, is liable for damages arising out of or in connection with the use of this Internet site, including mistakes, omissions, interruptions, deletion of files or text message, errors, defects, viruses, or delays in operation or transmission. This is a comprehensive limitation of liability that applies to all damages of any kind, including compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.

6. Security Policy

PhotoPublishing uses reasonable precautions to protect the privacy of your credit PhotoPublishing and other ordering information by utilizing a Secure Socket Layer ("SSL") connection. Accordingly, your credit PhotoPublishing and other ordering information, such as your name and address, is encrypted using the SSL connection and is not expected to be read in an intelligible form as it travels to PhotoPublishing’ order processing system. PhotoPublishing’ order processing systems is not connected to the Internet and is not accessible to the public.

Many web browsers support the use of an SSL connection, but if your browser does not support the use of an SSL connection or if you prefer not to send your credit PhotoPublishing number over the Internet, you can place your order by calling PhotoPublishing toll free at 1-414-727-5128 (U.S. only). PhotoPublishing Telesales Representatives are available 5 days a week, Monday through Friday from 8:00 a.m. to 5:00 p.m.CST, to take your order.

7. Privacy Policy

PhotoPublishing respects the privacy of its customers, and other individuals and businesses using the Web sites owned and operated by PhotoPublishing. This updated Privacy Policy effective July, 2003, is to keep you informed about the types of information collected on SyNet Media Sites and how the information is used and protected. The revised Privacy Policy includes information about advertisements on PhotoPublishing Sites and access to your account information.

PhotoPublishing protects the privacy of its local, long distance and wireless customers consistent with the Federal Telecommunications Act and rules and regulations issued by the Federal Communications Commission.

PhotoPublishing's Privacy Policy for its high speed Internet services can be accessed at: www.PhotoPublishing.com

There are two types of information that may be exchanged between the PhotoPublishing Site and the user during each visit to a PhotoPublishing Site. They are:
a. General technical data transmitted between your computer and the PhotoPublishing Site that does not identify you personally.
b. Personally identifiable information that you voluntarily share. The types of personally identifiable information that you might share include your name, address, phone number, e-mail address and credit PhotoPublishing number.

ANONYMOUS INFORMATION

In order to provide you with the information and services that you look for from the PhotoPublishing Sites, PhotoPublishing gathers certain types of information from you that are not personally identifiable. This is called anonymous information and includes:
c. The type of Internet browser you use when you visit
d. The types of Camera phone and service you may have
e. The types of computer operating system you use
f. The search engine you use to access the PhotoPublishing Sites (such as "AOL.com," "Yahoo.com" or "Go.com")
g. The specific PhotoPublishing Site that you visit (PhotoPublishing PHOTOPUBLISHING.com, PhotoPublishing.com, etc.).

The anonymous information collected is not associated with you personally or your business. PhotoPublishing uses this anonymous information in the aggregate to improve PhotoPublishing Sites and the services we provide through those sites.

USE OF COOKIES

PhotoPublishing Sites may use "cookies" to collect the anonymous information described in this Privacy Policy. Cookies are bits of encrypted data that are loaded by PhotoPublishing's server onto your computer when you visit a PhotoPublishing Site. The server can retrieve the cookies the next time you visit a site and use them to identify the computer as a return visitor. PhotoPublishing uses cookies to collect non-personally identifiable information and generically track usage patterns on the PhotoPublishing Sites in order to monitor activity and administer the sites. PhotoPublishing also uses information obtained from cookies to improve PhotoPublishing Sites, and make decisions concerning advertising, product offerings and services. Most users can disable cookies from their Internet browsers, receive a warning before a cookie is placed on their computer, and erase all cookies from their computer hard drives by following the instructions provided by the browser.

ADVERTISEMENTS ON PHOTOPUBLISHING SITES

Advertising companies deliver ads on some PhotoPublishing Sites. You should be aware that when you click on these ads, the advertising companies may also deploy cookies to receive anonymous information about ad viewing by Internet users on PhotoPublishing Sites and other Web sites. This information is associated with your Web browser, but cannot be associated with your name or e-mail address without your permission. Therefore, advertising companies may know where your computer goes on the Web, but they do not know who you are unless you tell them. PhotoPublishing does not provide personally identifiable information about its customers or PhotoPublishing Site visitors to these advertising companies.

PERSONALLY IDENTIFIABLE INFORMATION

PhotoPublishing may ask you to provide what is often referred to as "personally identifiable information" such as your name, address, cell phone number and e-mail address when you use PhotoPublishing Sites to: purchase a service or product online, enter a contest or sweepstakes, ask to receive information, respond to a survey, register with a PhotoPublishing Site, access your account, ask for a personalized service, request customer service online, or apply for a job. You always have the alternative of mailing or calling SyNet Media with the information requested if you do not wish to provide it online. Personally identifiable information provided at a SyNet Media Site to order PhotoPublishing services other than Internet services will be protected in the same manner as when the information is provided by other means such as over the cell phone or by mail. We protect customer information obtained from SyNet Media's local, long distance and wireless service customers consistent with federal laws governing telecommunications services and with regulations issued by the Federal Communications Commission.

We use personally identifiable information provided at a SyNet Media Site in the following ways unless otherwise specified:
h. For its intended purpose (such as to complete an online order for service),
i. To provide you with information about new SyNet Media products and services or products and services offered in conjunction with PhotoPublishing business partners.

DISCLOSURE TO THIRD PARTIES

PhotoPublishing will not sell or disclose to outside parties any personally identifiable information obtained from a PhotoPublishing online service or the registration at a PhotoPublishing Site without your consent except under the following circumstances:
j. When required by law,
k. When disclosure is necessary to protect the safety of a customer, third party or PhotoPublishing's property,
l. If it is required in connection with any sale or transfer of all or a portion of PhotoPublishing's assets.

When PhotoPublishing uses agents, contractors or other companies to perform services on its behalf, PhotoPublishing will require that they protect your personally identifiable information consistent with this Privacy Policy. PhotoPublishing may share the anonymous information described in this Privacy Policy with third parties from time-to-time.

E-MAIL COMMUNICATIONS

E-mail is an increasingly popular communication tool through which you and your business may communicate with PhotoPublishing. Likewise, PhotoPublishing may use e-mail to communicate with you, respond to your e-mail, and to tell you about new products and services. If you do not wish to receive e-mail promotions and new products and service announcements from PhotoPublishing, please follow the instructions that appear at the end of the e-mail communication that you receive from PhotoPublishing to have your name removed from the list.

SECURITY

PhotoPublishing utilizes several encryption methods to ensure that the data you submit on any of the PhotoPublishing Sites is secure. Through this "secure session," information that you input into a PhotoPublishing online order form will be sent and will arrive privately and unaltered at a PhotoPublishing server. This security prohibits access to your information by other companies and Web users.

CHILDREN

PhotoPublishing does not intend to collect personally identifiable information from individuals under 18 years of age. If PhotoPublishing becomes aware that a user who is under 18 is using a PhotoPublishing Site, PhotoPublishing will specifically instruct that individual that they are not to submit information on PhotoPublishing Sites without a parent or guardian's consent. If a child has provided PhotoPublishing with personally identifiable information without PhotoPublishing's knowledge, a parent or guardian of the child may contact privacy@aPhotoPublishing.com and PhotoPublishing will delete the child's information from our existing files.

LINKS

Some PhotoPublishing Sites contain links to other Web sites that are owned and operated by parties other than PhotoPublishing. Please be aware that this Privacy Policy does not extend to any Web sites other than those owned and controlled by PhotoPublishing.

ACCOUNT INFORMATION

You may always contact us at info@aPhotoPublishing.com or by cell phone or mail to verify your name, address, e-mail address, cell phone number and/or billing information. PhotoPublishing will correct any information that is inaccurate.

QUESTIONS

If you have questions or comments regarding this Privacy Policy, you may contact us at info@aPhotoPublishing.com If you have submitted personally identifiable information, and would like that information deleted from our records, please contact us at our e-mail address, info@aPhotoPublishing.com . We will use reasonable efforts to delete that information from our files.

UPDATES

PhotoPublishing may amend this Privacy Policy from time-to- time. These changes will be posted online.

8. Purchases

General. User agrees to purchase the products and services ordered on the various order screens when user clicks on the "SUBMIT" or similar button on the product or service order screens. The terms of the purchase agreement include the information included on the various order screens, the terms of this Section 7, and the PhotoPublishing Terms and Conditions of Service(see Section 8). Such agreement is in addition to and not in lieu of the agreement with user formed by user’s use of the Internet site.

No Warranties by PhotoPublishing. PHOTOPUBLISHING MAKES NO EXPRESS REPRESENTATIONS OR WARRANTIES ABOUT ITS SERVICES AND DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. PHOTOPUBLISHING DOES NOT AUTHORIZE ANYONE TO MAKE A WARRANTY OF ANY KIND ON ITS BEHALF AND USER MAY NOT RELY ON ANY STATEMENT OF WARRANTY. THIS SECTION SURVIVES TERMINATION OF THIS AGREEMENT.

Product warranty by Manufacturer. Each PhotoPublishing product comes with a limited warranty provided by the manufacturer. The warranty for the products that you ordered can be viewed on this Internet site. It also is included with the product itself.

Limitation of Liability. Neither PhotoPublishing nor any of its affiliates, nor the directors, employees or other representatives of any of them, is liable for damages arising out of or in connection with the use of the products or services obtained through this Internet site. This is a comprehensive limitation of liability that applies to all damages of any kind, including compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.

Shipping and Billing to US Addresses Only; Availability. PhotoPublishing does not process orders to foreign shipping or billing addresses. PhotoPublishing tries to give product availability information on this Internet site, but sometimes products are unexpectedly unavailable. In addition, PhotoPublishing updates and improves its products and services on a continuous basis. PhotoPublishing will inform you if any PhotoPublishing products that you ordered turn out to be unavailable or if any service that you ordered has been changed. PhotoPublishing may use text message to so inform you.

Text message Receipt. After you place an order with PhotoPublishing, you should receive a text message acknowledgment within one business day to confirm that PhotoPublishing has accepted your order and is processing it. The text message will contain the details of your order, the itemized and total amounts that will be billed to your credit PhotoPublishing, including all applicable taxes and charges. A receipt will also be included with your purchase. Be sure to keep your receipt. You will need it if you require any warranty service.

Charging Your Credit PhotoPublishing. PhotoPublishing charges your credit PhotoPublishing immediately after it receives your order and performs the credit check. If a product cannot be shipped within 3 business days of your order, PhotoPublishing will credit your credit PhotoPublishing and cancel your order, unless you instruct us otherwise. If your credit PhotoPublishing is rejected when PhotoPublishing charges it, PhotoPublishing is not obligated to ship any products or activate any service for your account. a PhotoPublishing will contact you by text message or any other reasonable means to advise you of the situation and will request you to call PhotoPublishing at 1-414-727-5128.

Prices, Taxes and Shipping & Handling. All prices are stated and payable in US dollars. The prices for products and services quoted on this Internet site do not include shipping, handling or taxes.

PhotoPublishing charges all applicable taxes on products and Services.

A first class postage charge will be applied to all aPhotoPublishing orders.

Return Policy. PhotoPublishing products may be returned within 10 days of purchase for a refund of the purchase price (but not charges for wireless service or postage). Note the return policy, including the number of days for return, may be changed without notice and the policy may not apply to certain products.

If you are not satisfied with your purchase of your PhotoPublishing product, you may return it to PhotoPublishing by calling 1-414-727-5128. In order to obtain a full refund of the original purchase price of the PhotoPublishing product, you must return the product at your expense in an envelope. Within 10 days of your purchasing the PhotoPublishing, with a copy of your email receipt.

Upon PhotoPublishing’ receipt of the returned product, PhotoPublishing will credit your credit PhotoPublishing account number used for the original purchase.

PhotoPublishing can not exchange products through the Internet site, rather the user should return the product for a refund within the appropriate time period and purchase a new product over the Internet site.

9. Terms and Conditions of Services
Effective as of July, 2003 until replaced
Thanks for choosing PhotoPublishing. These terms and conditions are part of your agreement with PhotoPublishing for DAIL A PHOTOPUBLISHING Services.
If you have questions about your PHOTOPUBLISHING Services, please visit our website at www.PhotoPublishing.net.

Agreement. Your agreement ("Agreement") with PhotoPublishing, Inc. “PhotoPublishing” and any of its affiliates doing business as SyNet Media providing PHOTOPUBLISHING Services ("Services") to you is made up of these Terms and Conditions of Service ("Terms") and the Service Plan that we agree to provide you. Your "Service Plan" is described in our marketing materials, and includes the terms, rates and features we set for that Service Plan. In the agreement, we use the words "we," "us," "our" or "PhotoPublishing" to refer to PhotoPublishing, Inc. “PhotoPublishing” and its affiliates doing business as PhotoPublishing. You accept the agreement when you activate PHOTOPUBLISHING Services or make any attempt to use our PHOTOPUBLISHING Services. We may change the Agreement at any time by giving you prior notice. Any changes to the Agreement are effective when we publish them. If you use our Services or make any payment to us on or after the effective date of the changes, you accept the changes. If we change a material term of the Agreement and that change has a material adverse effect on you, you may terminate the Agreement without an early termination fee by calling 1-414-727-5128 within 30 days after the invoice date of the first invoice you receive after the changes go into effect. You understand and agree that taxes, Universal Service fees and other charges imposed by the government or based on government calculations may increase or decrease on a monthly basis, and that this paragraph does not apply to any increases in such taxes, Universal Service fees and other charges.
Provision of Service. Your purchase of a PHOTOPUBLISHING does not mean that we must provide Services to you. We may decide not to provide Services to you for any lawful reason. We may request that you provide us with any information we reasonably require to determine whether you qualify for Services. Services in some areas are managed and provided under contract with PhotoPublishing by independent affiliates with access to the PhotoPublishing Nationwide PHOTOPUBLISHING Network. Some Services may not be available or may operate differently in certain affiliate markets or other areas.
Credit Verification. You must have and maintain satisfactory credit to receive and continue to receive Services. We will verify your credit before agreeing to provide Services to you and we may verify your credit at any time while we provide Services to you. Credit verification may include a review of credit reports that we receive from credit bureaus. If at any time we determine, in our sole discretion, that payment for Services may not be made when due, we may suspend Services and require that you provide payment on account or a guarantee of payment before we resume Services.
Termination. General. We may terminate or suspend Services to you without liability if: (1) you breach any provision of this Agreement (including if you fail to pay any charges for Services).
Use of Services and Equipment; Availability. You must be at least 18 years old to subscribe to our Services. We may require you to provide proof of your age and identity. If you are under 18 years old you may be eligible for certain Services that have Account Spending Limits if a person 18 years or older is also named as a subscriber on the Account. By requesting Services, you agree that you will not use Services in any unlawful, fraudulent or abusive manner.
Coverage. Most services are only available within the operating range of any MMS service provider in the United States. Coverage is not available everywhere. Coverage and quality of Services may be affected by conditions within or beyond our control, including network problems, camera quality, signal strength, your equipment, and atmospheric, geographic, or topographic conditions. We do not guarantee service availability or that there will be no interruptions or delays in Services (e.g., dropped calls, blocked calls, etc.).
Charges. For most forms of wireless Service, your usage will be charged from the time you first initiate contact between your phone or other wireless device and the network until the network connection is broken, whether or not you are successful in connecting with the service with which you seek to connect, even if the connection is later broken or dropped. An exception is that you are not charged for voice calls that are not completed. You are charged for completed calls to your Number from the time shortly before the phone starts ringing until the call is terminated. You will be charged peak rates for the entire duration of calls initiated during the peak time periods applicable to your Service. You will be charged off-peak rates for the entire duration of calls initiated during the off-peak time periods applicable to your Service. In addition to these usage charges, you may be charged for recurring monthly service charges, applicable local and long-distance toll charges, other usage charges, (including voictext message access, call waiting, call forwarding, etc.), connection fees, roaming charges, directory assistance, call completion charges, account review and management charges, optional features you select at an extra cost,
surcharges related to government programs, and taxes. Charges for most Services are incurred in one-minute increments, with partial minutes of use rounded up to the next highest minute. You must pay, by each invoice due date, all charges for Services provided to the Number for each phone or other equipment that our records show you activated, no matter who actually uses or has possession of the phone or other equipment at the time Services are provided.
Disputed Charges. You must raise any dispute that you have about any charges invoiced to you within 10 days of the date of the invoice or you have accepted the invoice. You may notify us of any dispute by notifying PHOTOPUBLISHING Customer Service Solutions. Calls to our sales or general business offices are not notice of a dispute.
Account Spending Limit. If we agree to provide Services to you on an Account Spending Limit basis, we will tell you your Account Spending Limit before we start Services to your Number, or as reasonably practicable after the limit is imposed. If we require a deposit for you to establish or keep Services on an Account Spending Limit basis, we will hold the deposit as partial guarantee of payment for Services (see Deposits). Charges for Services accrue against your Account Spending Limit as they are incurred. We may charge an initial ASL start up fee. We may charge a monthly ASL service fee, in addition to your recurring monthly service charge. We may suspend Services to your Number without prior notice to you when your account balance reaches your Account Spending Limit. Services are restored when you have paid any past due balance and pay a specified minimum amount to reduce your account balance below your Account Spending Limit. We may change this minimum amount at any time upon notice to you. You may pay any past due balance and the minimum amount by any method authorized by PhotoPublishing. Contact PHOTOPUBLISHING Customer Service Solutions for information about authorized methods of making these payments. We may charge you a fee for calls that involve our live customer care services. If we provide Services to you on an Account Spending Limit basis, Services and coverage may be limited in certain ways. You must pay all charges for Services even if they exceed the amount of your Account Spending Limit.
Clear Pay. If we agree to provide Services to you as a Clear Pay customer, we may suspend Services to your Number without prior notice to you immediately when your bill becomes past due. Even if your bill is not past due, we may suspend services if your unpaid usage exceeds $125 or another amount to be determined by your past credit or usage history. If we require a deposit for you to establish or keep Services as a Clear Pay customer, we will hold the deposit as partial guarantee of payment for Services (see Deposits, below). Contact PHOTOPUBLISHING Customer Service Solutions for information about authorized methods of making these payments. We may charge you a fee for calls that involve our live customer care services. If we provide Services to you on as a Clear Pay basis, Services and coverage may be limited in certain ways. You must pay all charges for Services whether or not your Services are suspended or terminated.
Deposits. If we require a deposit for you to establish or keep Services, we will hold the deposit as partial guarantee of payment for Services. We may change the deposit amount at any time to reflect revised estimated monthly charges based upon your usage. A deposit may not be used to pay any invoice (unless it is used to pay a final invoice) or delay payment. The deposit amount, the length of time we hold the deposit and changes to the deposit amount are determined based on your credit and payment history. The rate of interest, if any, on the deposit is subject to change. We may mix deposits with our other funds. If Services are terminated for any reason, we may, without notice to you, apply your deposit toward payment of outstanding charges and return any excess to you at your last known address within 75 days after termination of Services. If the U.S. Postal Service cannot deliver the money to you and returns it to us, we will hold it for you for one year from the date of return and, during that period, we may charge a servicing fee against the deposit balance. Any money held during this one-year period will not accrue interest for your benefit. You forfeit any portion of the money left after the one-year period.
Limitation of Liability. Except as otherwise provided in this section, our sole liability to you for any loss or damage arising out of providing or failing to provide Services (including mistakes, omissions, interruptions, delays, errors, or defects) does not exceed (1) in cases related to a specific piece of equipment, the prorated MRC for Services to the piece of equipment during the affected period, or (2) in cases not related to a specific piece of equipment, the prorated MRCs for Services to you during the affected period. Neither we nor our vendors, suppliers or licensors are liable for any damage arising out of or in connection with: a) any act or omission of any telecommunications service or other service provider other than us; b) any directory listing; c) any dropped calls or inability to place or receive calls; d) any interruption of Services, including interruptions caused by equipment or facilities failure or shortages, transmission limitations or system capacity limitations; e) traffic or other accidents, or any health-related claims allegedly arising from the use of Services, phones, equipment or accessories used in connection with the Services; f) the use of Wireless Web Services and PHOTOPUBLISHING applications and services, including the accuracy or reliability of any information obtained from the Internet using Wireless Web Services or from Voice Portal Services, PHOTOPUBLISHING services or Internet services, content or applications not supported by PhotoPublishing; g) any late or failed message delivery; h) any interruption or failure of 911 or E911 emergency services or identification of the Number, address or name associated with any person accessing or attempting to access emergency services from your phone; i) the installation or repair of any products or equipment by parties who are not our authorized employees or agents; j) events due to factors beyond our control, including acts of God (including, without limitation, weather-related phenomena, fire or earthquake), war, riot, strike, or orders of governmental authority; k) any act or omission of any third party or independent contractor that offers products or services in conjunction with or through the Services; or l) your negligent or intentional act or omission.
NO CONSEQUENTIAL OR OTHER DAMAGES. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES OF ANY NATURE WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH PROVIDING OR FAILING TO PROVIDE SERVICES, PHONES OR OTHER EQUIPMENT USED IN CONNECTION WITH THE SERVICES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF BUSINESS, OR COST OF REPLACEMENT PRODUCTS AND SERVICES. THIS SECTION SURVIVES TERMINATION OF THIS AGREEMENT.
Indemnification. You indemnify and defend us, our partners, directors, officers, employees and agents from and against any claim, action, damage, liability and expense arising out of or in connection with: (1) your acts or omissions that occur in connection with your use of the Services or equipment used in connection with the Services, and (2) any communications you make or receive using the Services. This indemnification extends to and includes any attorney's fees and costs incurred by us arising from any actions or claims to which this indemnification applies, or from the contesting of the applicability of this provision. This section survives termination of this Agreement.
MANDATORY ARBITRATION OF DISPUTES. ANY CLAIM, CONTROVERSY OR DISPUTE OF ANY KIND BETWEEN THE CUSTOMER AND THE COMPANY AND/OR ANY OF ITS EMPLOYEES, AGENTS, AFFILIATES OR OTHER REPRESENTATIVES, WHETHER SOUNDING IN CONTRACT, STATUTE, OR TORT, INCLUDING FRAUD, MISREPRESENTATION, FRAUDULENT INDUCEMENT, OR ANY OTHER LEGAL OR EQUITABLE THEORY AND REGARDLESS OF THE DATE OF ACCRUAL OF SUCH CLAIM, CONTROVERSY OR DISPUTE SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION AS PRESCRIBED IN THIS SECTION. THE STATE LAW OF WISCONSIN GOVERNS THE QUESTION OF WHETHER A CLAIM IS SUBJECT TO ARBITRATION. HOWEVER, NOTHING CONTAINED IN THIS ARBITRATION PROVISION SHALL PRECLUDE THE CUSTOMER FROM RESOLVING ANY CLAIM, CONTROVERSY OR DISPUTE IN SMALL CLAIMS COURT HE OR SHE OTHERWISE WOULD HAVE THE RIGHT TO PURSUE.
A single arbitrator engaged in the practice of law will conduct the arbitration. The arbitrator will be selected according to the rules of CPR or, alternatively, may be selected by agreement of the parties, who shall cooperate in good faith to select the arbitrator. The arbitration will be conducted by, and under the then-applicable rules of the CPR Institute for Dispute Resolution. All expedited procedures prescribed by the applicable rules will apply. Any required hearing fees and costs shall be paid by the parties as required by the applicable rules or as required by applicable law, but the arbitrator shall have the power to apportion such costs as the arbitrator deems appropriate.
The arbitrator's decision and award will be final and binding (subject to the appeal clause below), and judgment on the award rendered by the arbitrator may be entered in any court with jurisdiction.
An appeal may be taken under the CPR Arbitration Appeal Procedure from any final award of any arbitral panel in any arbitration arising out of or related to this agreement that is conducted in accordance with the requirements of such Appeal Procedure. Unless otherwise agreed by the parties and the appeal tribunal, the appeal shall be conducted at the place of the original arbitration.
If any party files a judicial or administrative action asserting a claim that is subject to arbitration and another party successfully stays such action or compels arbitration, the party filing that action must pay the other party's costs and expenses incurred in seeking such stay or compelling arbitration, including attorney's fees.
Notices. You may get our current address for written notice by calling DAIL A PHOTOPUBLISHING Customer Service. Written notice to you is sent to your last known address in our invoicing records. Written notice is effective three days after deposit in the U.S. mail, postage prepaid, and properly addressed. Unless required by this Agreement or Applicable Laws, (1) you may notify us by calling PHOTOPUBLISHING Customer Service, and (2) we may notify you by leaving a text message for you on your Phone, answering machine or with your answering service. Notice addresses may be changed by giving notice as provided in this section.
Choice of Law; Jurisdiction. This Agreement is governed by and must be construed under federal law and the laws of the State of Wisconsin, without regard to choice of law principles.
General. If either of us does not enforce any right or remedy available under this Agreement, that failure is not a waiver of the right or remedy for any other breach or failure by the other party. Our waiver of any requirement in any one instance is not a general waiver of that requirement and does not amend this Agreement. This Agreement is subject to any applicable federal and state law (collectively, "Applicable Laws"). If any part of this Agreement is held invalid or unenforceable, that part is interpreted consistent with Applicable Laws as nearly as possible to reflect the original intentions of the parties and the rest of this Agreement remains in full force and effect. Section headings are for descriptive purposes only and are not used to interpret this Agreement. You may not assign this Agreement to any other person or entity without our prior written approval. This Agreement (including any referenced documents and attachments) makes up the entire agreement between you and us and replaces all prior written or spoken agreements, representations, promises or understandings between you and us. The provisions of this Agreement that are contemplated to be enforceable after the termination of this Agreement survive termination of this Agreement.
©2003 PhotoPublishing, Inc. “PhotoPublishing” All rights reserved. No reproduction in whole or in part allowed without prior written approval. PhotoPublishing and the PhotoPublishing are registered trade marks of PhotoPublishing Communications Company, L.P., used under license.

10 . Termination of Access

PhotoPublishing may terminate your access to all or part of this Internet site without notice, for any conduct that PhotoPublishing, in its sole discretion, believes to be harmful to individual users, PhotoPublishing or any of its affiliates, or any rights of PhotoPublishing or any third party, or to violate applicable laws.

11 .Change in Internet Site or in User Agreement

This Internet site is subject to change without prior notice and your use of this site after a change means that you have agreed to that change.

PhotoPublishing may modify this User Agreement at any time by posting the revised agreement on the Internet site. Any revised User Agreement is effective upon the user accessing this Internet site.

12 .PhotoPublishing Wireless Web Mail

The following are the terms and conditions for use of the PhotoPublishing Wireless Web Mail service including without limitation text message and other services which may be offered from time to time by PhotoPublishing for use with your PhotoPublishing Wireless Web Mail username (each feature individually and collectively referred to as the "Service"). Please read them carefully. This Service is provided to individuals who are at least 18 years old or minors who have parental permission to open and maintain an account. BY CLICKING THE "I ACCEPT" BUTTON AND COMPLETING THE REGISTRATION PROCESS, YOU ARE STATING THAT YOU ARE ELIGIBLE FOR AN ACCOUNT AND THAT YOU AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS OF THE SERVICE ("TOS").

The Service is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein.
Member account, password, and security. To open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the Registration Form. You then will choose a password and a username. You are entirely responsible for maintaining the confidentiality of your password and username. Furthermore, you are entirely responsible for any and all activities that occur under your account.

You agree to notify PhotoPublishing immediately of any unauthorized use of your account or any other breach of security.

Member privacy. It is PhotoPublishing's policy to respect the privacy of its members. PhotoPublishing will not monitor, edit, or disclose any personal information about you or your use of the Service, including its contents, without your prior permission unless PhotoPublishing has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of PhotoPublishing; (3) enforce the Terms of Service; or (4) act to protect the interests of its members or others. PhotoPublishing does provide certain user information in aggregate form to third parties, including its advertisers, for demographics. In addition, your Internet Protocol address is transmitted with each message sent from your account. For more information, see the PhotoPublishing Privacy Statement.

You agree that PhotoPublishing may access your account, including its contents, as stated above or to respond to service or technical issues.

Message storage, outbound messages and other limitations. The amount of text message storage space per member is limited, please visit our FAQ for more information. Some text message messages may not be processed due to space constraints or outbound message limitations. You agree that PhotoPublishing is not responsible or liable for the deletion or failure to store pictures, messages or other information.

Member conduct. As a condition of your use of the Service, you warrant to PhotoPublishing that you will not use the Service for any purpose that is unlawful or prohibited by these terms, conditions, and notices.

The Service is provided to individuals only and for personal use only. You agree to use the Service only to send and receive personal messages. Any unauthorized commercial use of the Service, or the resale of its services, is expressly prohibited.

You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your username or password, including the content of your transmissions through the Service. By way of example, and not as a limitation, you agree not to:
? Use the Service in connection with surveys, contests, pyramid schemes, chain letters, junk text message, spamming or any duplicative or unsolicited messages (commercial or otherwise).
? Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
? Publish, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information.
? Advertise or offer to sell or buy any goods or services for any non-personal purpose.
? Harvest or otherwise collect information about others, including text message addresses, without their consent.
? Create a false identity for the purpose of misleading others as to the identity of the sender or the origin of a message.
? Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity that is not a Service member any directory of the Service members or other user or usage information or any portion thereof other than in the context of your use of the Service as permitted under the Terms of Service.
? Transmit or upload any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs.
? Transmit or upload any material that contains software or other material protected by intellectual property laws, rights of privacy or publicity or any other applicable law unless you own or control the rights thereto or have received all necessary consents.
? Interfere with or disrupt networks connected to the Service or violate the regulations, policies or procedures of such networks.
? Attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means.
? Violate any applicable laws or regulations including, without limitation, laws regarding the transmission of technical data or software exported from the United States through the Service.
? Interfere with another member's use and enjoyment of the Service or another individual's or entity's use and enjoyment of similar services.

PhotoPublishing has no obligation to monitor the Service or any user's use thereof or retain the content of any user session. However, PhotoPublishing reserves the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.

PhotoPublishing may terminate your access to any part or all of the Service and any related service(s) at any time, with or without cause, with or without notice, effective immediately, for any reason whatsoever.

PhotoPublishing may also terminate or suspend your account for inactivity, which is defined as failing to sign-in to the Service for an extended period of time, as determined by PhotoPublishing. The amount of time that PhotoPublishing currently considers as an "extended" period of time may be viewed in our FAQ. Upon termination of the Service, your right to use the Service immediately ceases.

If you wish to terminate your account, your only recourse is to discontinue the use of the Service.

PhotoPublishing shall have no obligation to maintain any content in your account or to forward any unread or unsent messages to you or any third party.

Links to third party sites. THE LINKS INCLUDED WITHIN THE SERVICE MAY LET YOU LEAVE THE SERVICE WEB SITES ("LINKED SITES"). THE LINKED SITES ARE NOT UNDER THE CONTROL OF PHOTOPUBLISHING AND PHOTOPUBLISHING IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. PHOTOPUBLISHING IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. PHOTOPUBLISHING IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY PHOTOPUBLISHING OF THE SITE OR ANY ASSOCIATION WITH THEIR OPERATORS.

Disclaimers/limitation of liability. PhotoPublishing does not represent or warrant that the Service will be uninterrupted or error-free, that defects will be corrected, or that the Service or the server that makes it available, are free of viruses or other harmful components. PhotoPublishing does not warrant or represent that the use or the results of the use of the Service or the materials made available, as part of the Service will be correct, accurate, timely, or otherwise reliable.

You specifically agree that PhotoPublishing shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the Service. You specifically agree that PhotoPublishing is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. You specifically agree that PhotoPublishing is not responsible for any content sent using and/or included in the Service by any third party.

PHOTOPUBLISHING AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE SERVICE FOR ANY PURPOSE. THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. PHOTOPUBLISHING AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SERVICE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

IN NO EVENT SHALL PHOTOPUBLISHING AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SERVICE OR RELATED WEB SITES, WITH THE DELAY OR INABILITY TO USE THE SERVICE OR RELATED WEB SITES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PHOTOPUBLISHING OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE AND ITS RELATED WEB SITES.

Indemnification. You agree to indemnify and hold PhotoPublishing, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the Service.

No spam; damages. PhotoPublishing will immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk text message. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated then you agree to pay PhotoPublishing liquidated damages of $5 for each piece of spam or unsolicited bulk text message transmitted from or otherwise connected with your account, otherwise you agree to pay PhotoPublishing's actual damages, to the extent such actual damages can be reasonably calculated.

Participation in promotions of advertisers. Any dealings with Advertisers on the Service or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the Advertiser or other third party. PhotoPublishing shall not be responsible or liable for any part of any such dealings or promotions.

Proprietary rights to content. You acknowledge that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or electronically distributed, commercially produced information presented to you by the Service, by PhotoPublishing, or PhotoPublishing's Advertisers or other content providers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may make a copy of this content for your personal, non-commercial use only, provided that you keep all copyright and other proprietary notices intact. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way content available through the Service and its associated Web sites, including code and software.

Modifications to terms of service, member policies. PhotoPublishing reserves the right to change the Terms of Service or policies regarding the use of the Service at any time and to notify you by posting an updated version of the Terms of Service on this Web site. You are responsible for regularly reviewing the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.

General. This agreement is governed by the laws of the State of Wisconsin, and the United States of America. Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and PhotoPublishing as a result of this agreement or use of the Service. PhotoPublishing's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of PhotoPublishing's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by PhotoPublishing with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and PhotoPublishing with respect to the Service (excluding the use of any software which may be subject to an end-user license agreement) and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and PhotoPublishing with respect to the Service. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and PhotoPublishing agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The section titles in the Terms of Service are solely used for the convenience of the parties and have no legal or contractual significance.

Trademarks. PhotoPublishing, PhotoPublishing Web, PhotoPublishing Mobile Web Mail and/or other PhotoPublishing products and services referenced herein are either trademarks or registered trademarks of PhotoPublishing. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

Privacy policy. PhotoPublishing and its vendors (collectively " PhotoPublishing") take measures on several fronts to protect your messages from being read by third parties without your explicit permission. In our application, PhotoPublishing uses the latest Internet technology to ensure that your data is only accessible to you by using your password and username; our technology is built to prevent access by third parties.

Mail is private correspondence between the sender and the recipient. PhotoPublishing strictly respects the privacy of its users. Therefore, PhotoPublishing will not sell, provide, or transfer the User's personally identifiable information to third parties. In addition, PhotoPublishing will not monitor, edit, or disclose the contents of a User's private communications unless required to do so by law or in the good faith belief that such action is necessary to: (1) conform to the edicts of the law or comply with legal process served on PhotoPublishing; (2) protect and defend the rights or property of PhotoPublishing; or (3) act under exigent circumstances to protect the personal safety of its Users or the public. PhotoPublishing does provide certain user information in aggregate form to third parties, including its advertisers, for demographics. In addition, your Internet Protocol address is transmitted with each message sent from your account.

User acknowledges and agrees that certain technical processing of messages and their content in order to: (1) send and receive messages; (2) conform to connecting networks' technical requirements; (3) conform to the limitations of the Service; or (4) conform to other similar requirements.

All PhotoPublishing Users agree to our Terms of Service when signing up.