ENTERPRISE COMMUNICATION NETWORK
END USER TERMS AND CONDITIONS

Through its Enterprise Communication Network (the "SERVICES") Tech Management, Inc. dba Tecknowledge Management and/or TECKMAN ("TECKMAN") provides channel partners, web site operators, business entities and others, herein collectively referred to as ("CUSTOMERS") a variety of tools and resources to collect visitor email addresses, other data and to create, launch, and manage online content and marketing campaigns. This service may not be used for the sending of unsolicited email (sometimes called "spam"). See our Anti-Spam POLICY. The following are the terms and conditions for use of the Services. By clicking the 'I accept these terms and conditions' button on the sign-up page, you accept these terms and conditions.

1. SERVICES and Support
1.1 The SERVICES are provided subject to this AGREEMENT, as it may be amended by TECKMAN and any guidelines, rules or operating policies that TECKMAN may establish and post from time to time (the "AGREEMENT"), including without limitation .communicator's email privacy POLICY, as linked from all email generated from the SERVICES 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 SERVICES or at the EnterpriseCommunicationNetwork.com or related product web site, or otherwise providing notice to you, TECKMAN 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 SERVICES.

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 channel partners, corporate web sites, small business web sites, and community sites to sign up web site visitors, collect and retrieve visitor sign-up data, and develop and execute email marketing communications with visitors.

1.4 The SERVICES will be subject to monthly, annual and/or usage based subscription fees ("PAID SERVICES"). Access to the SERVICES will be disabled until payment is received. Paid SERVICES are billed monthly, quarterly or annually, in advance, according to the Fee Schedule provided to you by TECKMAN. The Fee Schedule, including subscriber levels and prices, are subject to change at any time.

1.5 The ECN Order Form must be completed in order to use the Services. You will provide true, accurate, current, and complete information about yourself as requested in the registration form. As part of the registration process, you will identify an email address and password for your .communicator account. 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. TECKMAN reserves the right to refuse registration of, or cancel, accounts it deems inappropriate.

1.6 You will be billed monthly, quarterly or annually for Services. Payment for SERVICES will be made by a valid credit card accepted by TECKMAN. You hereby authorize TECKMAN to charge your credit card for such amounts on a regular basis, but generally on the first day of any month. Fees are payable in US dollars. If TECKMAN is for any reason unable to effect automatic payment via your credit card, you will be notified via email and your ECN account will be disabled until payment is received. 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 TECKMAN.

2. Restrictions and Responsibilities
2.1 This is an AGREEMENT for SERVICES, and you are not granted a license to any software by this AGREEMENT. You will not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the SERVICES or any software, documentation, or data related to the SERVICES ("SOFTWARE"); remove any proprietary notices or labels from the SERVICES or any Software, modify, translate, or create derivative works based on the SERVICES or any SOFTWARE; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the SERVICES or any SOFTWARE. The SERVICES shall be used for your internal business (which includes civic or charitable) purposes only and you shall not use the SERVICES or any SOFTWARE for timesharing or service bureau purposes or otherwise for the benefit of a third party. If you are using the SERVICES in any country in the European Community, the prohibition against modifying, translating, reverse engineering, decompiling, disassembling or creating derivative works based on the SERVICES or the Software does not affect your rights under any legislation implementing the E.C. Council Directive on the Legal Protection of Computer Programs.

2.2 You acknowledge and agree that the SERVICES and the TECKMAN company names and logos and all related product and service names, design marks and slogans, are the property of TECKMAN 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 TECKMAN. 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 TECKMAN 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 TECKMAN 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 TECKMAN has no obligation to monitor the content provided by you or your use of the SERVICES, TECKMAN 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 may contain an "unsubscribe" link that allows visitors to remove themselves from your mailing list and a link to the then current email privacy POLICY (see Section 2.9 below). You acknowledge and agree that you will not remove, disable or attempt to remove or disable either link. TECKMAN 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 TeckMan's Prohibited Content and Commerce Statement for details.

2.6 For every email message sent in connection with the Services, you acknowledge and agree that the SERVICES may automatically add an identifying footer stating "Powered by ECN " or a similar message. You agree to cooperate with and provide reasonable assistance to TECKMAN in promoting and advertising the Services.

2.7 In using the varied features of the SERVICES, you may provide information (such as name, contact information, or other registration information) to TECKMAN. TECKMAN may use this information and any technical information about your use of the SERVICES to tailor its presentations to you, facilitate your movement through the SERVICES, or communicate separately with you. If you licensed the SERVICES as a result of solicitation by a Marketing Partner of TECKMAN, TECKMAN may share your information with the Marketing Partner. TECKMAN will not provide information to companies you have not authorized, and TECKMAN will not permit the companies that get such information to sell and redistribute it without your prior consent.

2.8 TECKMAN 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, TECKMAN will not use your customer information for the purpose of sending unsolicited commercial e-mail.

2.9 You will adopt and maintain the email privacy POLICY, which may be modified by TECKMAN from time to time.

3. Termination
3.1 You may terminate this AGREEMENT at any time by sending an email message to support@teckman.com or by sending written notice to TECKMAN at 800 North Washington Avenue, Suite 459, Minneapolis, MN 55401, USA.

3.2 TECKMAN may terminate this AGREEMENT or the SERVICES at any time with or without cause, and with or without notice. Upon termination, TECKMAN will provide you a proportionate refund of the advance payment that TECKMAN has received for the then-current month, based on the number of days remaining in the month following the date of termination. Except for such refund, TECKMAN shall have no liability to you or any third party because of such termination.

3.3 TECKMAN 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 TeckMan's sole discretion) as inactive, TECKMAN 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 TECKMAN DATABASE.

4. Warranty Disclaimer; Remedies
4.1 TECKMAN outage POLICY. CUSTOMER acknowledges and understands that TECKMAN may occasionally experience "hard outages" due to internet disruptions that are not within TeckMan's control. ANY SUCH HARD OUTAGE SHALL NOT BE CONSIDERED A BREACH OF THIS AGREEMENT BY TECKMAN. AT TECKMAN'S DISCRETION, A SUBSCRIPTION EXTENSION MAY BE GRANTED IF "HARD OUTAGES" HAVE IMPAIRED THE CUSTOMER'S ABILITY TO USE TECKMAN SERVICES.

4.2 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. TECKMAN 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 TECKMAN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

4.3 Your sole and exclusive remedy for any failure or nonperformance of the SERVICES shall be for TECKMAN to use commercially reasonable efforts to adjust or repair the SERVICES.

5. Customer Warranties: CUSTOMER represents and warrants that:
5.1 Customer's AGREEMENT to engage TECKMAN to perform the SERVICES pursuant to this AGREEMENT does not violate any AGREEMENT or obligation between CUSTOMER and any third party.

5.2 All materials, including without limitation the Confidential Information, delivered by CUSTOMER to TECKMAN in support of this AGREEMENT, and CUSTOMER'S performance of this AGREEMENT, will not infringe on any copyright, patent, trade secret or other proprietary right held by any third party.

5.3 None of the activities for which CUSTOMER has engaged the SERVICES of TECKMAN shall violate any international, federal, state, or local law or regulation relating to individual privacy or the distribution of email messages. Without limiting the generality of the foregoing, and except to the extent that material provided to CUSTOMER by TECKMAN is used on CUSTOMER'S web site, the operation of CUSTOMER'S web site and the material thereon, and the provision of email addresses and other Confidential information by CUSTOMER to TECKMAN shall comply in all respects with all international, federal, state or local laws, rules, or regulations applicable to the collection, use or disclosure of personal information obtained on the Internet. TECKMAN shall have the right to refuse to distribute any email content, address, or related information provided by CUSTOMER that contains information, which TECKMAN reasonably believes to be defamatory, infringing, or illegal.

5.4 Each person as to whom email addresses are provided to TECKMAN by CUSTOMER (i) has been given notice of CUSTOMER'S information practices (which practices shall not constitute an unfair or deceptive trade practice), (ii) has been given a choice with respect to the use by CUSTOMER of such information, (iii) has been given access to information collected about such person, (iv) can be categorized as an "opt-in" email address by their AGREEMENT to receive such information via email, and (v) has not notified CUSTOMER of his, her or its desire not to receive email (i.e., no such person has "opted out" of the receipt of email with respect to CUSTOMER or its products).

5.5 CUSTOMER will notify TECKMAN promptly, and in no event later than three (3) business days, of notification from any person that he, she or it desires not to receive email with respect to CUSTOMER or its products.

5.6 CUSTOMER has reviewed TeckMan's Privacy POLICY and shall abide by its terms.

5.7 When accepted, this AGREEMENT will constitute the legal, valid, and binding obligation of CUSTOMER, enforceable in accordance with its terms.

6. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL TECKMAN 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 "TECKMAN") BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF TECKMAN 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, TECKMAN 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 TECKMAN 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.

7. Export of SERVICES or Technical Data
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.

8. Miscellaneous
8.1 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.

8.2 TECKMAN 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.

8.3 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 TECKMAN in any respect whatsoever.

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

8.5 The AGREEMENT shall be governed by the laws of the State of Minnesota, 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 Minneapolis, Minnesota.