BYTESIZENEWS™
SOFTWARE SERVICES TERMS AND CONDITIONS

Through its ByteSizeNews™ (the "Services") Byte Size Tools, LLC. ("Byte Size Tools") provides individuals, business owners, or web site operators a variety of tools and resources to collect visitor email addresses and/or to create, launch, and manage online 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.

1. Services and Support

1.1 The Services are provided subject to this Agreement, as it may be amended by Byte Size Tools, and any guidelines, rules or operating policies that Byte Size Tools may establish and post from time to time (the "Agreement"), including without limitation the ByteSizeNews Privacy Policy, as linked from all email generated from ByteSizeNews 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 Service or at the ByteSizeTools.com web site, or otherwise providing notice to you, Byte Size Tools 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 Service.

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, you are not permitted to use the Services.

1.3 The Services enable 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 subscription fees billed quarterly, semi-annually, or annually, in advance, according to the Fee Schedule and Payment Plan chosen at signup. Overage charges will be charged to a valid credit card accepted by Byte Size Tools, as the charges are incurred. The Fee Schedule, including subscriber levels, prices, and overage charges are subject to change at any time. Amounts paid for the services are not refundable.

1.5 You must complete the registration form on the Sign Up page 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 ByteSizeNews 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. Byte Size Tools reserves the right to refuse registration of, or cancel, accounts it deems inappropriate.

1.6 Fees are payable in US dollars. If Byte Size Tools is for any reason unable to receive or collect payment for your account, you will be notified via email and your ByteSizeNews account will be disabled until payment is received. Monthly pricing may vary based upon the quantity of emails sent; you are responsible for reviewing the Fee Schedule from time to time and remaining aware of the Fees charged by Byte Size Tools.

1.7 You acknowledge that from time to time that email delivery of email messages may be blocked or prevented at the destination mail servers sent through ByteSizeNews. You acknowledge and agree that you are responsible for paying Fees for all email messages sent through ByteSizeNews, regardless of whether delivery of such messages to their intended recipients is prevented or blocked by any third party. You are responsible for monitoring, correcting and updating the email addresses to which messages are sent through your ByteSizeNews account.

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 Byte Size Tools company names and logos and all related product and service names, design marks and slogans, are the property of Byte Size Tools 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 Byte Size Tools. 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 Byte Size Tools 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 Byte Size Tools 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 Byte Size Tools has no obligation to monitor the content provided by you or your use of the Services, Byte Size Tools 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 must contain an "unsubscribe" link that allows visitors to remove themselves from your mailing list and a link to the then current 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. You agree to only import permission-based lists (note: purchased lists may not be used, please contact Byte Size Tools if you have questions). You cannot mail to distribution lists, newsgroups, or spam email addresses. You cannot copy a ByteSizeNews template and use the design for purposes other than sending emails from ByteSizeNews. Byte Size Tools, at its own discretion, may immediately disable your access without refund to the Services if Byte Size Tools believes in its sole discretion that you have violated any of the restrictions listed above.

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 Byte Size Tools'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 ByteSizeNews" or a similar message. You agree to cooperate with and provide reasonable assistance to Byte Size Tools 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 Byte Size Tools. Byte Size Tools 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 Service, or communicate separately with you. If you licensed the Services as a result of solicitation by a Marketing Partner of Byte Size Tools, Byte Size Tools may share your information with the Marketing Partner. Byte Size Tools will not provide information to companies you have not authorized, and Byte Size Tools will not permit the companies that get such information to sell and redistribute it without your prior consent.

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

2.9 You will adopt and maintain the Privacy Policy, which may be modified by Byte Size Tools from time to time.

3. Termination

3.1 You may terminate this Agreement at any time by sending an email message to or by sending written notice to Byte Size Tools at 787 E. Hickory Hill Rd., Argyle, TX 76226. There are no refunds for any fees paid.

3.2 Byte Size Tools may terminate this Agreement or the Services at any time with or without cause, and with or without notice. Byte Size Tools shall have no liability to you or any third party because of such termination.

3.3 Byte Size Tools may delete any of your archived data within 30 days after the date of termination. All sections of this Agreement that by their nature should survive termination will survive termination, including, without limitation, ownership, warranty disclaimers and limitations of liability.

4. Warranty Disclaimer; Remedies

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

Your sole and exclusive remedy for any failure or nonperformance of the Services shall be for Byte Size Tools to use commercially reasonable efforts to adjust or repair the Services.

5. Limitation of Liability

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

6. 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.

7. Miscellaneous

7.1 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.

7.2 Byte Size Tools 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.

7.3 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 Byte Size Tools in any respect whatsoever.

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

7.5 The Agreement shall be governed by the laws of the State of Texas, 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 Fort Worth, Texas.