Terms Of Service

AGREEMENT FOR Blog Success SERVICES

THIS AGREEMENT FOR Blog Success SERVICES (the "Agreement") is made and effective as of the date of acceptance, by and between you, ("Customer") and the Blog Success division of Universal Marketing & Management, Inc., a Nevada corporation with offices in Indiana, USA ("Universal Marketing & Management, Inc.").
WHEREAS, Customer desires to utilize the Blog Success services to develop Customer's presence on the World Wide Web.

NOW, THEREFORE, in consideration of the mutual promises set forth herein, the parties hereto agree as follows:

1.Blog Success Services.

Universal Marketing & Management, Inc. agrees to provide to Customer the Blog Success services as set forth in Exhibit A ("Blog Success").

2. Payment and Invoicing.

2.1 In consideration of the performance of the Blog Success Services, Customer shall pay Universal Marketing & Management, Inc. monthly in advance the amounts set forth in Exhibit A as such exhibit is amended from time to time for the "Authority Site Center Services" during the term of this Agreement.

2.2 Customer shall receive a confirmation letter at the time Customer contracts for the Blog Success Services, which shall confirm the fees payable toBlog Success. Thereafter, Customer shall receive a monthly billing statement for the upcoming month, which shall indicate any changes in fees, which shall become effective upon thirty (30) days' notice as set forth in Section 2.4 herein.

2.3 Customer is responsible for all activities and charges resulting from Customer's use of the Blog Success Services. Customer agrees to pay all fees, connect time charges, surcharges, and other charges incurred by Customer and set forth in the monthly billing statement. In the event of a breach of security, Customer will remain liable for any unauthorized use of the Blog Success Services until Customer notifies Universal Marketing & Management, Inc.

2.4 Current rates for using the Blog Success Service may be obtained by emailing support@blogsuccess.com . Universal Marketing & Management, Inc. reserves the right to change fees, surcharges, monthly membership fees or to institute new fees at any time upon thirty (30) days' prior notice. In addition, Universal Marketing & Management, Inc. may institute special trial offers, from time to time which shall be reflected in the confirmation letter sent to Customer upon sign up. If Universal Marketing & Management, Inc. does not receive the full amount of Customer's Blog Success Service account balance within thirty (30) days of invoice date, an additional one and one-half percent (1.5%) or highest amount allowed by law per month late charge will be added to Customer's bill and shall be due and payable. Customer shall also be liable for all attorney and collection fees arising from Universal Marketing & Management, Inc.'s efforts to collect any unpaid balance of Customer's account(s).

3. Responsibilities, Rights and Status of Universal Marketing & Management, Inc..

3.1 Means of Performance. Universal Marketing & Management, Inc. shall provide Customer with the Blog Success services, as set forth on Exhibit A hereto. Universal Marketing & Management, Inc. has the right to control and direct the means, manner, and method by which the Blog Success Services are performed. Universal Marketing & Management, Inc. shall perform the Blog Success Services in a professional and workmanlike manner.

3.2 Support. Universal Marketing & Management, Inc. shall provide a reasonable level of technical support to Customer via email, Web page or telephone for the term of this Agreement.

3.3 Other Work. Universal Marketing & Management, Inc. has the right to perform services for and license products to others during the term of this Agreement. Universal Marketing & Management, Inc. may elect to electronically monitor the Blog Success Services and may disclose any content or records to satisfy any law, regulation, or other governmental request or to properly operate the Blog Success Services and protect its Customers. Universal Marketing & Management, Inc. reserves the right to block any site hosted byBlog Success that contains any content that it deems in its sole discretion to be unacceptable or undesirable.

4. Responsibilities and Rights of Customer.

4.1 Customer Liaison. Customer shall designate a contact person who shall act as a liaison between Customer and Universal Marketing & Management, Inc.. Customer certifies to Universal Marketing & Management, Inc. that he/she is not a minor. (A minor's parent or legal guardian may authorize a minor to use his/ her account(s) under supervision.) Customer agrees to provide Universal Marketing & Management, Inc. with accurate, complete, and updated information required by the registration to the Universal Marketing & Management, Inc. Service ("Customer Registration Data"), including Customer's legal name, address, telephone number(s), and applicable payment data (e.g., credit card number and expiration date). Customer agrees to notify Universal Marketing & Management, Inc. within thirty (30) days of any changes in Customer Registration Data. Failure to comply fully with this provision may result in immediate suspension or termination of your right to use the Blog Success Services.

4.2 Acceptance ofBlog Success Services. Customer shall have the right to evaluate the Blog Success Services as set forth in Exhibit A for a period of thirty (30) days after initiation of the Blog Success Services, at the charge, if any, set forth in Exhibit A or elsewhere offered by Universal Marketing & Management, Inc. and confirmed in the confirmation letter. If Customer determines that anyBlog Success Services do not reasonably satisfy the standards provided herein, then Customer shall promptly notifyBlog Success of such deficiency.Blog Success shall use commercially reasonable efforts to cure such deficiency. In the eventBlog Success is unable to cure such deficiency, Customer's sole and exclusive remedy shall be the refund of the amounts paid by Customer under this Agreement.

4.3 Fees and Expenses. Customer shall be responsible for payment of all costs, fees and expenses assessed by third parties in the course of being providedBlog Success Services. Such costs include but are not limited to the fees required to register and maintain domain names, which is governed by a separate agreement between Customer and Internic.

4.4 Third-Party Software. Third-party software available though the Blog Success Service may be governed by separate end user licenses. By using the Blog Success Services and the third-party software, you agree to be bound by the terms of such end user licenses regarding the applicable third-party software.

4.5 Advertising, Solicitation, and Name Harvesting. You may not use the Blog Success Services to send unsolicited advertising, promotional material, or other forms of solicitation to Universal Marketing & Management, Inc. members or netizens unless you receive the express permission of such individuals. You may not use the Blog Success Services to collect or "harvest" screen names of Universal Marketing & Management, Inc. members or netizens without the express prior permission of the member. Universal Marketing & Management, Inc. reserves the right to block or filter mass email solicitations sent from sites hosted on the Blog Success Service, on the Universal Marketing & Management, Inc. Service.

4.6 Management of Site. Customer shall be solely responsible for all content available on or through its site, and shall at all times be subject to the terms of this Agreement, Universal Marketing & Management, Inc.'s then-standardBlog Success Terms of Service ("Universal Marketing & Management, Inc.Blog Success TOS") and any generally applicable guidelines and service standards published by Universal Marketing & Management, Inc. with respect toBlog Success. Customer warrants that its site hosted on the Blog Success Services: (i) will conform to the Universal Marketing & Management, Inc.Blog Success TOS attached hereto as Exhibit B; (ii) will not infringe and will not contain any content that infringes on or violates any copyright, U.S. patent or any other third-party right; and (iii) will not contain any content which violates any applicable law, rule or regulation. Universal Marketing & Management, Inc. shall have no obligations with respect to the content available on or through any site hosted on the Blog Success Services, including, but not limited to, any duty to review or monitor any such content. Universal Marketing & Management, Inc. reserves the right to block any site that violates any of the above-stated terms, or which in Universal Marketing & Management, Inc.'s sole discretion, Universal Marketing & Management, Inc. deems objectionable or offensive, or otherwise violates a law or Universal Marketing & Management, Inc. policy, or, in the alternative, to terminate this Agreement in accordance with Section 7.3 herein.

5. Confidentiality and Proprietary Rights.

5.1 Confidentiality. Both parties acknowledge that: (1) the other party is the owner of valuable trade secrets, and other proprietary information and license same from others, (2) in the performance of the Blog Success Services, both parties shall receive or become aware of such information as well as other confidential and proprietary information concerning the other party's business affairs, finances, properties, methods of operation and other data (hereinafter collectively referred to as "Confidential Information"), and (3) unauthorized disclosure of any Confidential Information would irreparably damage the owner or supplier of such Confidential Information.

5.2 Nondisclosure. Both parties agree that, except as directed by the other party or as provided in this paragraph, neither party will at any time during or after the term of this Agreement and for a period of three (3) years after any such termination disclose any Confidential Information to any person or entity, or permit any person or entity to examine and/or make copies of any reports or any documents prepared by the other party or that come into the party's possession or under the party's control that relate to Confidential Information, and that upon termination of this Agreement, both parties will turn over to the other party all documents, papers, and other matter in such party's possession or under such party's control that contain or relate to such Confidential Information. Both parties shall notify the other party, prior to disclosure of the information to the other party, that it considers the information to be confidential. Confidential Information shall not include information that (1) is already lawfully known to or independently developed by the receiving party; (2) is in the public domain through no fault of the receiving party; (3) is lawfully obtained from a third party without restrictions; or (4) is required to be disclosed by law, regulation or governmental order.

5.3 Injunctive Relief. Both parties acknowledge that disclosure of any Confidential Information by the other party will give rise to irreparable injury to the owner of such information, inadequately compensable in damages. Accordingly, either party may seek and obtain injunctive relief against the breach or threatened breach of the foregoing undertakings, in addition to any other legal remedies which may be available.

6. Warranties/Indemnity.

6.1 Warranty. Customer understands that except for information, products, or services clearly identified as being supplied by Universal Marketing & Management, Inc., neither Universal Marketing & Management, Inc. not any of its affiliates operates or controls any information, products, or services on the Internet in any way and that, except for such Universal Marketing & Management, Inc. identified information, services or products, all merchandise, information, and services offered or made available or accessible on the Internet generally are offered or made available or accessible by third parties who are not affiliated with Universal Marketing & Management, Inc. or its affiliates. The terms and conditions for the use of any software provided by Universal Marketing & Management, Inc. are governed by the terms of each product's end user license.

ALL SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH The Blog Success SERVICES ARE PROVIDED ON AN "AS IS" BASIS. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, Universal Marketing & Management, Inc. DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING The Blog Success SERVICES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. YOU UNDERSTAND THAT PORTIONS OF THE INTERNET CONTAIN MATERIALS THAT ARE UNEDITED, SEXUALLY EXPLICIT AND MAY BE OFFENSIVE TO YOU AND THAT YOUR ACCESS TO SUCH MATERIALS IS AT YOUR OWN RISK. Universal Marketing & Management, Inc. HAS NO RESPONSIBILITY FOR OR CONTROL OVER SUCH MATERIALS. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY Universal Marketing & Management, Inc., ITS EMPLOYEES, LICENSERS, OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE.

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL Universal Marketing & Management, Inc. OR ANYONE ELSE INVOLVED IN ADMINISTERING OR DISTRIBUTING THE Universal Marketing & Management, Inc.Blog Success SERVICE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE Universal Marketing & Management, Inc.Blog Success SERVICES OR Universal Marketing & Management, Inc. SOFTWARE INCLUDING BUT NOT LIMITED TO reliance on any information obtained on the Universal Marketing & Management, Inc.Blog Success Service; or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not limited to acts of god, communications failure, theft, destruction, or unauthorized access to Universal Marketing & Management, Inc.'s records, programs, or services. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, IN SUCH STATES, UNIVERSAL MARKETING & MANAGEMENT, INC.'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

6.2 Indemnity. Each party will indemnify the other party from any and all third-party claims, demands, liabilities, costs or expenses, including reasonable attorneys' fees resulting from the indemnifying party's material breach of any duty, representation or warranty under this Agreement, except those resulting from the gross negligence or knowing or willful misconduct of the other party. Such indemnity shall be conditional upon (1) prompt notification to the other party of any indemnifiable claim; (2) the indemnifying party's control of all settlement and other negotiations; and (3) the indemnified party's full cooperation with respect to such claim.

6.3 Limitation of Liability. Universal Marketing & Management, Inc. shall not be liable to Customer for more than the aggregate amounts paid to Universal Marketing & Management, Inc. under this Agreement.

6.4 Liability. UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE OR LOST PROFITS.

7. Term and Termination.

7.1 Term. This Agreement will become effective on the date indicated in the introductory paragraph of this Agreement, and will remain in effect for the term indicated in Exhibit A ("Authority Site Center Services").

7.2 Termination. In the event of any material breach of this Agreement by either party, the other party may terminate this Agreement, by giving ten (10) days prior written notice thereof; provided, however, that this Agreement shall not terminate at the end of said ten (10) days notice period if the party in breach has cured the breach of which it has been notified prior to the expiration of said ten (10) days. Blog Success may cancel if Customer violates any ofBlog Success's polices set forth in the Universal Marketing & Management, Inc.Blog Success TOS.

7.3 Either Customer or Universal Marketing & Management, Inc. may terminate this Agreement at any time for any or no reason upon ten (10) days' written notice to the other party; provided however that Universal Marketing & Management, Inc. may immediately block Customer's site, if, at Universal Marketing & Management, Inc.'s sole discretion, it deems any information contained therein to be objectionable or offensive or to violate the law, in accordance with Section 4.6 herein. Customer's only right with respect to any dissatisfaction with any terms, rules, policies, guidelines, or practices of Universal Marketing & Management, Inc. in operating the Blog Success Service, any change in the content of the Blog Success Service, or any change in the amount or type of fees charged in connection with the Blog Success Service, is to terminate this Agreement by delivering notice to Universal Marketing & Management, Inc., effective the day Universal Marketing & Management, Inc. receives notification of termination or any future date specified which is acceptable to Universal Marketing & Management, Inc.. Universal Marketing & Management, Inc. may terminate immediately any Customer who misuses or fails to abide by this Agreement or the Universal Marketing & Management, Inc.Blog Success TOS.Blog Success may terminate without notice Customer's access to and use of the Blog Success Service andBlog Success Software upon a breach of this Agreement. If Universal Marketing & Management, Inc. denies you access to the Blog Success Services, you shall have no right (i) to obtain any credit(s) otherwise due to you, and such credit(s) will be forfeited, (ii) to access through Universal Marketing & Management, Inc. any material stored on the Internet or (iii) to access any third-party providers of services, merchandise, or information on the Internet through Universal Marketing & Management, Inc., and Universal Marketing & Management, Inc. shall have no responsibility to notify such third-party providers nor shall Universal Marketing & Management, Inc. have any responsibility for any damages that result from the lack of such notification.

7.4 Surviving Sections. The following paragraphs shall survive the termination of this Agreement: 5 ("Confidentiality and Proprietary Rights"), 6 ("Warranties/Indemnity"), and 8 ("General").

8. General.

8.1 Assignment. Neither party may assign this Agreement or any of its rights or obligations there under without the prior written consent of the other party, and any such attempted assignment shall be void. This Agreement shall be binding upon the parties' respective successors and permitted assigns.

8.2 Notices. Any notices or communication under this Agreement shall be in writing and shall be deemed delivered to the party receiving such communication at the address specified below (1) on the delivery date if delivered personally to the party; (2) one business day after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, whether or not received, if sent by US mail, return receipt requested; (4) on the delivery date if transmitted by confirmed facsimile or by (5) email.

If to Universal Marketing & Management, Inc.:
Universal Marketing & Management, Inc.
Attention: Blog Success

If to Customer:
Name and address provided for account setup.

8.3 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Nevada, except with regard to its conflict of law rules.

8.4 Modifications. No modifications, amendment, supplement to or waiver of this Agreement or any exhibit there under, or any of their provisions shall be binding upon the parties hereto unless made in writing and duly signed by both parties.

8.5 Waiver. A failure of either party to exercise any right provide d for herein shall not be deemed to be a waiver of any right there under.

8.6 Complete Agreement. This Agreement and any exhibit attached hereto set forth the entire understanding of the parties as to the subject matter therein and may not be modified except in a writing executed by both parties.

8.7 Severability. In the event any one or more of the provisions of this Agreement or of any exhibit is invalid or otherwise unenforceable, the enforceability of remaining provisions shall be unimpaired.

8.8 Force Majeure. Neither party hereto shall be liable for failure to perform any obligation under this Agreement if such failure is caused by the occurrence of any contingency beyond the reasonable control of such party, including without limitation, fire, flood, strike, and other industrial disturbance, failure of transport, accident, war, riot, insurrection, act of God or order of governmental agency. Performance shall be resumed as soon as possible after cessation of such cause. However, if such inability to perform continues for fifteen (15) days, the other party may terminate this Agreement without penalty and without further notice.

8.9 Independent Contractors. The parties to this Agreement are independent contractors. Neither party is an agent, representative, or partner of the other party. Neither party shall have any right, power or authority to enter into any agreement for or on behalf or, or incur any obligation or liability of, or to otherwise bind, the other party. This Agreement shall not be interpreted or construed to create an association, agency, joint venture or partnership between the parties or to impose any liability attributable to such a relationship upon either party.

8.10 Entire Agreement. This Agreement sets forth the entire agreement, and supersedes any and all prior agreements of the parties with respect to the transactions set forth herein. Neither party shall be bound by, and each party specifically objects to, any term, condition or other provisions which is different from or in addition to the provisions of the Agreement (whether or not it would materially alter this Agreement) and which is proffered by the other party in any correspondence or other document, unless the party to be bound thereby specifically agrees to such provision in writing.
IN WITNESS WHEREOF, the parties hereto, each acting under due and proper authority, have executed this Agreement as of the date of agreement.

EXHIBIT A

Blog Success Services

Blog Success: $97/ month
Includes:
* BS Proprietary Software
* Group Coaching
* Buzz Group Affiliation*

Term:

1 month from the effective date of this agreement

The agreement will automatically renew in one (1) month terms unless the agreement has been terminated in accordance with Paragraph 7.2 ("Termination") or unless either party notifies the other party of its desire to terminate the agreement at least ten(10) days in advance of the end of the initial term or ten (10) days in advance of the end of any renewal term.

EXHIBIT B

General Terms of Service for Blog Success Customers

1. The Universal Marketing & Management, Inc. Blog Success Service ("Blog Success Service"), as operated by Universal Marketing & Management, Inc., is a collection of various products and services that enable entities to publish and maintain World Wide Web pages. The Blog Success Service is available for a fee to any customer who wishes to utilize the service to develop their presence on the World Wide Web.

2. CAREFULLY READ the terms of this agreement which governs your use of the Software ("AuthoritySiteCenter.com") and the Blog Success Service. By clicking on the AGREE button you are consenting to be bound by this agreement. If you do not agree to all of the terms of this agreement, click the DO NOT AGREE button and DO NOT use the Blog Success Software and the Blog Success Service.Blog Success may modify this agreement at any time and in any manner. Any modification is effective immediately upon either a facsimile, electronic mail, or conventional mail notice. Your continued use of the Blog Success Service following notice of any modification to this agreement shall be conclusively deemed as acceptance of all such modification(s).

3. Universal Marketing & Management, Inc. grants to you a non-exclusive, nontransferable license to use and display the Blog Success Service and the Blog Success Software on the web site which you desire to host on the Blog Success service. The Blog Success Service and the Blog Success Software are owned by Universal Marketing & Management, Inc. and their structure and organization constitute valuable trade secrets of Universal Marketing & Management, Inc..

4. You understand that except for information, products or services clearly identified as being supplied by Universal Marketing & Management, Inc., neither Universal Marketing & Management, Inc. nor any of its affiliates operates or controls any information, products, or services on the Internet in any way and that, except for such Blog Success-identified information, services, or products, all merchandise, information and services offered or made available or accessible on the Internet generally are offered or made available or accessible by third parties who are not affiliated with Universal Marketing & Management, Inc. or its affiliates. YOU EXPRESSLY AGREE that use of the Blog Success Service and Blog Success Software are at YOUR SOLE RISK and YOU AGREE that any information, service, or product provided generally on the Internet is accessible to you WITHOUT WARRANTIES OF ANY KIND BY Universal Marketing & Management, Inc. AND ITS AFFILIATES, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, other than those warranties which are implied by and incapable of exclusion, restriction, or modification under the laws applicable to this agreement. YOU UNDERSTAND that portions of the Internet contain MATERIALS THAT ARE UNEDITED, SEXUALLY EXPLICIT AND MAY BE OFFENSIVE TO YOU AND THAT YOUR ACCESS TO SUCH MATERIALS IS AT YOUR OWN RISK.Blog Success HAS NO RESPONSIBILITY FOR OR CONTROL OVER SUCH MATERIALS.

5. The Blog Success Service and the Blog Success software are provided on an "AS IS," "AS AVAILABLE" basis WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY Universal Marketing & Management, Inc., ITS EMPLOYEES, LICENSERS OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE.

6. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALLBlog Success, OR ANYONE ELSE INVOLVED IN MONITORING, ADMINISTERING, OR DISTRIBUTING The Blog Success SERVICE OR The Blog Success SOFTWARE, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE The Blog Success SERVICE ORBlog Success SOFTWARE INCLUDING, BUT NOT LIMITED TO, reliance on any information obtained on the Blog Success Service; or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation, or transmission, or any failure of performance, whether or not limited to acts of god, communications failure, theft, destruction or unauthorized access to Universal Marketing & Management, Inc.'s records, programs or services. YOU HEREBY ACKNOWLEDGE that this PARAGRAPH 6 SHALL APPLY TO ALL CONTENT, MERCHANDISE OR SERVICES AVAILABLE THROUGH The Blog Success SERVICE. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, IN SUCH STATES Universal Marketing & Management, Inc.'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

7. Either Customer or Universal Marketing & Management, Inc. may terminate this Agreement at any time for any or no reason upon ten (10) days' written notice to the other party; provided however that Universal Marketing & Management, Inc. may block any site if Universal Marketing & Management, Inc., in its sole discretion, considers any content therein offensive or objectionable or would violate the law. Customer's only right with respect to any dissatisfaction with any terms, rules, policies, guidelines, or practices of Universal Marketing & Management, Inc. in operating the Blog Success Service, any change in the content of the Blog Success Service, or any change in the amount or type of fees charged in connection with the Blog Success Service, is to terminate this Agreement by delivering notice to Universal Marketing & Management, Inc., effective the day Universal Marketing & Management, Inc. receives notification of termination or any future date specified which is acceptable to Universal Marketing & Management, Inc.. Universal Marketing & Management, Inc. may terminate immediately any Customer who misuses or fails to abide by this Agreement. Universal Marketing & Management, Inc. may immediately terminate without notice Customer's access to and use of the Blog Success Service andBlog Success Software upon a breach of this Agreement. If Universal Marketing & Management, Inc. denies you access to the Blog Success Service, you shall have no right (a) to obtain any credit(s) otherwise due to you , and such credit(s) will be forfeited, (b) to access through Universal Marketing & Management, Inc. any materials stored on the Internet or (c) to access any third-party providers of services, merchandise or information on the Internet through Universal Marketing & Management, Inc., and Universal Marketing & Management, Inc. shall have no responsibility to notify such third-party providers nor shall Universal Marketing & Management, Inc. have any responsibility for any damages that result from the lack of such notification.

8. Upon request of Universal Marketing & Management, Inc., you agree to defend, indemnify and hold harmless Universal Marketing & Management, Inc., its officers, directors, employees, agents and licensees, from any claims and expenses, including reasonable attorney's fees, in connection with your use of the Blog Success Service and the Internet.

9. This Agreement shall be governed by the laws of the Commonwealth of Florida (excluding choice of law rules). This Agreement constitutes the entire agreement between you and Universal Marketing & Management, Inc. with respect to the Blog Success Service. Universal Marketing & Management, Inc.'s failure to enforce any provision hereof shall not be construed as a waiver of any provision or right. In the event that a portion of this Agreement is held unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect.

10. Third-Party Software. Third-party software available through the Blog Success Service may be governed by separate end user licenses. By using the Blog Success Service and the third-party software, you agree to be bound by the terms of such end user licenses regarding the applicable third-party software.

11. Advertising, Solicitation and Name Harvesting. You may not use the Blog Success Service to send unsolicited advertising, promotional material, or other forms of solicitation to other Customers unless you receive the express permission of the Customer. You may not use the Blog Success Service to collect or "harvest" screen names of other Customers without the express prior permission of the Customer. Universal Marketing & Management, Inc. reserves the right to block or filter mass email solicitations on or through the Blog Success Service.

12. Internet Conduct. Generally, the Internet consists of the following areas available through Universal Marketing & Management, Inc.: Email, News groups, Gopher, and WAIS, FTP, and the World Wide Web). The Internet is not owned or operated by, or in any way affiliated with Universal Marketing & Management, Inc. or any of its affiliates; it is a separate, independent network of computers and is not part of Universal Marketing & Management, Inc.. Your use of the Internet is solely at your own risk. When using the Internet and all of its components, Customers must conduct themselves responsibly according to the Internet's own particular code of conduct. Participating successfully on the Internet is really a matter of common sense. Although Universal Marketing & Management, Inc. does not control the Internet, your conduct on the Internet when using your Universal Marketing & Management, Inc. account is subject to the Universal Marketing & Management, Inc. Rules. Because Universal Marketing & Management, Inc. wants to be a good Internet citizen, it prohibits Customers from engaging in certain conduct on the Internet through or by means of Universal Marketing & Management, Inc. including the following:

(i) Chain Letters. Chain letters are prohibited on Universal Marketing & Management, Inc. and are inappropriate on the Internet. Posting a chain letter to an Internet newsgroup (or via email on the Internet) from your site may result in yourBlog Success Services site being terminated.

(ii) Commercial Communication. The vast majority of newsgroups and mailing lists on the Internet are not commercial in nature, and participants in such groups may object strongly to commercial postings, solicitations, or advertisements.

(iii) Other Inappropriate Posts. Each newsgroup and mailing list on the Internet focuses on a particular set of topics and posts not related to these topics are not welcomed by the participants. We suggest that all Customers become familiar with the guidelines, themes, and culture of the specific newsgroups and mailing lists in which they wish to participate. Posting or distributing inappropriate material on or from your site (i.e. spamming or mail bombing) may result in suspension or termination of yourBlog Success Account.

(iv) Copyright and Proprietary Materials. You should be aware that much of the Content available on the Internet is protected by copyright, trademarks, trade secrets and other Rights of the independent third parties or their licensers who make such content available on the Internet. Customers use of such Content will be subject to the specific restrictions place on such Content by the owners or licensers of the Rights in such Content and all applicable laws and regulations. Transmitting to the Internet or posting on your site copyright or other material of any kind which is subject to the Rights of any person or entity without the express permission of the Rights holder is prohibited and will result in termination of yourBlog Success Hosting Service and possible civil and/or criminal liability.

(v) Offensive or Objectionable Material. Universal Marketing & Management, Inc. reserves the right to request you to remove any material which Universal Marketing & Management, Inc. deems offensive, hurtful or otherwise objectionable. Failure to do so may result in blocking your site or termination of the Agreement forBlog Success Services by Universal Marketing & Management, Inc..

You understand that except for Content, products or services expressly available at Universal Marketing & Management, Inc.'s Web site, neither Universal Marketing & Management, Inc. nor any of its affiliates controls, provides, operates, or is responsible for any Content, goods, or services available on the Internet. All such Content, goods, and services are made accessible on the Internet by independent third parties and are not part of Universal Marketing & Management, Inc. or controlled by Universal Marketing & Management, Inc.. Universal Marketing & Management, Inc. neither endorsees nor is responsible for the accuracy or reliability of such Content, goods, or services. Universal Marketing & Management, Inc. does not guarantee the accuracy, completeness, usefulness, quality, or availability of any Content, goods, or services available on the Internet, which are the sole responsibility of such independent third parties, and you use thereof is solely at your own risk. Neither Universal Marketing & Management, Inc. nor its affiliates shall be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused by your use of or reliance on any Content, goods or services available on the Internet or your inability to access the Internet or any site on the Internet. The foregoing provisions of this paragraph shall apply with equal force even where Universal Marketing & Management, Inc. features or displays a link with any particular Web site.

You should be aware that the Internet contains Content, goods, and services that you may find obscene, improper, hurtful, or otherwise offensive and that may not be suitable for certain individuals or for minors who are accessing the Internet. Universal Marketing & Management, Inc. does not have the capability or right to monitor, or review, or restrict any Content, goods, or services made available by third parties on the Internet, nor to edit or remove any such questionable Content after posting on the Internet. In addition, you should be aware that the Internet provides access to users who are not part of Universal Marketing & Management, Inc. and whose conduct and communication may also be found to be harmful or offensive to Customers or which would otherwise breach the Universal Marketing & Management, Inc. Rules if they were subject to it. Universal Marketing & Management, Inc. and its affiliates specifically disclaim any responsibility for (and under no circumstances be liable for) any conduct, Content, goods, and services available on or through the Internet (including without limitation any part of the Web).

Your use of the Internet is subject to all applicable local, state, national, and international laws and regulations. Without limiting the other rights available to Universal Marketing & Management, Inc. under the Universal Marketing & Management, Inc. Rules, Universal Marketing & Management, Inc. retains the right, but not the obligation, in its sole discretion and without prior notice or liability, to restrict and/or terminate your access to the Internet and Universal Marketing & Management, Inc. if you use of the Internet violates any such laws or regulations, any prohibitions upon your conduct in connection with the Internet raised in this paragraph or otherwise restricts or inhibits any other user from enjoying the Internet or Universal Marketing & Management, Inc..

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DOWNLOAD POLICY

Blog Success, and its subsidiaries, affiliates and licensors (collectively, "Blog Success") grants you a non- transferable non-exclusive license to download and/or install and use one copy of the software tool ("Tool") and/or materials ("Materials") (collectively the "Tools & Materials") solely for your personal noncommercial use in connection with Blog Success's products, in accordance with the terms below.

THESE TOOLS & MATERIALS ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. Blog Success SPECIFICALLY DISCLAIMS ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NONINFRINGEMENT.

ANY USE YOU CHOOSE TO MAKE OF THESE TOOLS & MATERIALS IS UNDERTAKEN BY YOU ENTIRELY AT YOUR OWN RISK. Blog Success DOES NOT WARRANT THAT THESE TOOLS & MATERIALS WILL NOT CAUSE DAMAGE TO YOUR COMPUTER SYSTEM, NETWORK, SOFTWARE OR OTHER TECHNOLOGY.

Blog Success RESERVES THE RIGHT TO NOT PROVIDE SUPPORT FOR THESE TOOLS & MATERIALS AT OUR DISCRETION.

IN NO EVENT SHALL Blog Success BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR OTHER DAMAGES WHATSOEVER, ARISING OUT OF OR RELATED TO THIS LICENSE EVEN IF Blog Success HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Blog Success RESERVES THE RIGHT TO DISCONTINUE THE AVAILABILITY OF THESE TOOLS & MATERIALS, OR MODIFY THEM, AT ANY TIME, WITHOUT OBLIGATION TO ANYONE.

At Blog Success's request, you agree to defend, indemnify and hold harmless Blog Success from all liabilities, claims and expenses, including attorneys' fees, arising from any breach of this License by you and/or your use or misuse of the Tools & Materials.

Blog Success may make the Tools & Materials available at its site(s) located in the United States and/or Canada and/or the European Union. You are solely responsible for knowing and complying with all federal, state, and local laws that may apply to your use of Tools & Materials in your own locale. By downloading any Tools & Materials, you warrant that you are not located in any country, or exporting the Tools & Materials to any person or place, to which the United States and/or Canada and/or European Union or its member countries has embargoed goods.

Blog Success may revoke or terminate this license at any time, for any reason or no reason, in its sole discretion. Upon termination, you must destroy or return to Blog Success all Tools & Materials. This License is governed by United States Copyright law (without regard to conflicts of law) and is considered an addendum to our Service Agreement.

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PRIVACY POLICY

What information do you collect automatically?

For each visitor to our web page, our web server automatically recognizes the consumer's domain name but not the e-mail address. It also logs aggregate information on what pages consumers access or visit, but does not record. which pages individual consumers access or visit.

What other information do you collect?

You can voluntarily chose to become a registered member. In doing so, we collect the name, e-mail address, city, state, zip code, date of birth, and certain voluntary personal information. We also collect the email addresses of those who communicate with us via e-mail, and profile information volunteered by the consumer.

What do you do with this information?

The information we collect is used for internal review and to improve the content of our web page. The information we collect is not shared with other persons, companies, or organizations except when required by a law enforcement agency in the process of a criminal investigation.

Do you use cookies?

We use cookies to store certain information about registered members, visitors preferences, and to customize web page content based on the visitors' browser type or other information that the visitor sends. All cookies are encrypted so they can't be used by another website.

What do you do with my personal information?

All of the information collected remains confidential and is not shared with anyone other than the web site administrators. All of our web site administrators are instructed to maintain this confidentiality and are terminated if they are found in violation of this privacy policy. We do not sell your personal information, but we do use it for marketing purposes. We send newsletters and other important system messages via email, but you have the option of not receiving these messages. You also have the option of which information is shared publicly in your profile. This information is used for internal marketing purposes and to provide services to our members.

Do you partner with ad services which may collect information about me?

While we may partner with some ad services from time to time, they will only have access to information you consent to provide them.

What will happen if this privacy policy changes?

From time to time, we may use customer information for new, unanticipated uses not previously disclosed in this privacy notice. If our information practices change at some time in the future we will post the policy changes to our web site and provide you with the ability to opt out of these new uses. If you are concerned about how your information is used, you should check back at our web site periodically. For these new purposes, we will use only data collected from the time of the policy change forward.

Can I find out what information you have about me?

Upon request we provide site visitors with access to all information [including proprietary information] that we maintain about them, including unique identifier information (e.g., customer number or password) that we maintain about them, transaction information (e.g., dates on which customers made purchases, amounts and types of purchases) that we maintain about them, contact information (e.g., name, address, phone number) that we maintain about them, and a complete description of all of the information that we maintain about them.

Consumers can access this information by sending us a message. We will attempt to verify the identity of the person requesting your information before we provide said information. Consumers can have this information corrected by sending us e-mail at the above address.