PLEASE REVIEW THE FOLLOWING CAREFULLY. BY COMPLETING THE REGISTRATION PROCESS, YOU ACCEPT AND AGREE TO ALL OF THE FOLLOWING TERMS AND CONDITIONS SET FORTH BELOW, INCLUDING ALL WARRANTIES AND PROMISES BY MEMBER. MEMBER HEREBY ACKNOWLEDGES AND WARRANTS THAT MEMBER IS 18 YEARS OF AGE OR OLDER.

General. These Terms of Service will be governed and construed in accordance with the laws of the United States and the State of Indiana. Both parties agree that these Terms of Service constitute the entire agreement between the parties, and supersede or replace all previous written or oral agreements relating to the subject matter of these Terms of Service. SurveyShare Pro Unlimited memberships are intended for individual users. If you are interested in an account that can be shared within an organization or used for surveys for other organizations, contact customer service for Enterprise pricing.

Acceptance of Terms: SurveyShare^TM provides members with tools and services to create, distribute, and analyze Internet surveys. Survey distribution can take place via email or Web site link to potential survey respondents. This document describes the terms under which the SurveyShare services are offered to members, including changes to fee structures and the determination of which services and levels of services are to be offered to the public.

Availability of Service. Planned or unplanned maintenance of this site can occur at any time. We will work to restore access to the service as quickly as possible, but, like any other Internet- delivered service, we cannot provide a guarantee of 100% availability of service. Users are responsible for obtaining and maintaining their own hardware and software to access this site. SurveyShare is not responsible for loss of availability of the site due to lost passwords, though we will provide a new password upon request. SurveyShare is not responsible for loss of access to the site due to viruses, malicious attacks, or other efforts of others to slow down or stop the system.

Loss of Data. Users are solely responsible for the adequate protection and backup of their own data. Users will not make a claim against SurveyShare for loss of data, additional analysis time, business interruption, inaccurate output, work delays or lost profile resulting from the use of this site. SurveyShare also reserves the right to periodically purge old, incomplete, and/or unused data from its databases, including member-created or collected data.

Minor Policy. Member specifically agrees not to use the Service or the Site to send any materials, including surveys and requests to take surveys, to any persons under 18 years of age unless and until the member has taken and follows all necessary action and compliance pursuant to state and federal laws.

Registration and Password. Member shall provide current, complete, accurate information in the registration section of the SurveyShare Web site. Member shall further update and keep such information current as needed. Member shall provide a password in order to access the Services and Member's account. Member is solely responsible for maintaining the confidentiality of Member's password and account information. Member shall immediately notify SurveyShare of any unauthorized account activity, or any unauthorized use of Member's email list(s) or any other breach of security known to Member.

Use of Service and Documentation. This site's services are provided "as is," without warranty and without any guarantee of fitness for a particular purpose. We also make no guaranties as to the quality, suitability, truth, or completeness of any of the information contained on this site, including help materials, resources, and other documentation.

Restrictions on Use. One of the primary goals of SurveyShare is to be an online community wherein users can create, distribute, and analyze online surveys, and where they can share these surveys and their results. Given these goals, users (hereafter referred to as "you") may not inhibit or restrict any other user from using and enjoying the SurveyShare site. You shall use the SurveyShare site for lawful purposes only. You shall not post, upload, email, or transmit through the site any material that:

1. violates or infringes in any way upon the rights of others;
2. you do not have the right to disclose due to contractual or fiduciary relationships with one's employer;
3. is copyrighted information;
4. is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, racist, obscene, profane, or otherwise objectionable;
5. contains viruses or computer code designed to destroy or interrupt any services by SurveyShare;
6. encourages conduct that would constitute a criminal offense, gives rise to civil liability, or otherwise violates any law, or;
7. is purely advertising material (unless it is agreed to in advance by SurveyShare).

Users or members may not:

1. collect or store personal information about other users or use the services in any way for 'spamming' any person or distribution list that has not given specific permission to be included in the process;
2. directly or indirectly reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or underlying ideas or algorithms of the SurveyShare software; modify, translate, or create derivative works of the software; or copy, distribute, lease, distribute, assign, or otherwise transfer rights to the SurveyShare software;
3. attempt to disrupt the services of SurveyShare;
4. stalk, harass, or harm anyone at this site;
5. impersonate any person or entity including but not limited to SurveyShare employees, or falsely represent your affiliation with a person or entity;
6. assist or permit any persons engaging in any of the activities described above;
7. provide their SurveyShare access information (username and password) to anyone by any means, or otherwise allow unregistered users to access the site's service;
8. provide false information on their registration forms;
9. send survey invitations or other materials to those who have not previously requested the items or are aware that you will be sending them ('spam').

Without SurveyShare's express prior approval, you shall not post or transmit through the site any material that contains advertising or any solicitation with respect to products or services. You shall not use the site to advertise or perform any commercial solicitation, including, without limitation, the solicitation of users to become subscribers or other online services and systems. Finally, any conduct by you, that in SurveyShare's discretion restricts or inhibits any other user from using or enjoying the site, will not be permitted.

Termination of Account. If a user is found to have violated the Terms of Service set forth in this document, that user may have their membership cancelled and be deleted from the system, immediately and without prior notice. SurveyShare shall not be liable to Member or any third party in any manner for termination of the Service. In the event that Member should become dissatisfied with the Terms of Service or any modifications thereof, or with the Service or the Site, Member's only recourse is to discontinue use of the service, terminate the membership, and give notice of these actions. Upon termination, Member's right to use the service and the SurveyShare Web site cease immediately and SurveyShare shall have no obligation whatsoever to forward any surveys, survey responses, or survey results to Member. Due to backups, reports, and other technical issues, it may not be possible to entirely delete all user data from the system, even after a member's account has been deleted from it.

Proprietary Rights. SurveyShare owns the content including the graphics, names, text, software, music, videos, sound, pictures, compilations, survey templates, surveys, page layout, design, processes, procedures, magnetic translation, digital conversion or other material contained in the Service and the SurveyShare Web site to the extent such content is provided and/or designed by SurveyShare. It is all protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws

Member acknowledges and agrees that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by SurveyShare or advertisers, member agrees not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

SurveyShare grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. Member agrees not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. Member agrees not to access the Service by any means other than through the interface that is provided by SurveyShare for use in accessing the Service.

Member is permitted the limited license to use the content of the Service and the Site as authorized herein to create surveys and view survey responses and survey results for Member's personal use as an end product only, and Member must at all times maintain SurveyShare's copyright symbol on the product in any form or medium. Member owns its surveys, survey responses, survey results and related survey data ("Member's Content"), and Member assumes the entire risk of disclosing Member's Content to third parties. Modification or use of SurveyShare's content in any prohibited way is a violation of copyright and other proprietary laws. No one may copy, reproduce, transmit, post, distribute or create derivative works from this Site without prior express authorization.

Copyright Policy. Member may not upload, post, publish, transmit, reproduce, distribute, or otherwise make available on the site any information or material (including survey questions and responses) protected by copyright, trademark, or other proprietary right without the express permission of the owner of the copyright, trademark, or other proprietary right. In addition, the burden of determining that any material is not protected by copyright rests with the member. Member shall be solely liable for any damage resulting from infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. SurveyShare does not claim copyright to any of the user-created surveys and survey responses stored on the site, unless member has specifically shared a survey template for SurveyShare to use and distribute. All SurveyShare-created content, such as survey templates, are copyrighted by SurveyShare, and are not to be reproduced or distributed outside of the SurveyShare online system by anyone without express prior permission.

No Spamming Policy. Member acknowledges and agrees that SurveyShare is serving as "survey host" and is not the sender or originator of any survey. SurveyShare does not permit the use of SurveyShare or any of its other Web sites for Unsolicited Commercial Email (UCE) or what is commonly referred to as

SPAM. SurveyShare has zero tolerance for SPAM, junk mail, pyramid schemes, or UCE that is in any way associated with SurveyShare, its clients, or any of its clients' associates. You are prohibited from using UCE as a means of conducting surveys hosted on SurveyShare's network. SurveyShare's strict Anti- SPAM policy outlines our stance on UCE and how we will respond to SPAM reports or problems. Without limitation, subscribing members and organizations may not use the "tell a friend about SurveyShare" feature of the services to send email communications to a prospective member unless they have a reasonable basis to believe that the recipient will want to become a member. Infringements of SurveyShare's Anti-SPAM policy include, but are not limited to:

1. Sending, being involved in sending, or employing a third party to send mail which advertises or mentions a survey hosted at SurveyShare to users that have not specifically requested this type of mail. This includes bulk email from lists that have been gathered accidentally, unintentionally, inappropriately, or unlawfully.
2. Forging of message headers to mask the originator of the message.
3. Harassment, whether through language, frequency, or size of messages.
4. Bulk email intended to purposely slow or constrain the SurveyShare system

Generally speaking, SPAM does not include sending surveys or email notifications of surveys to employees, business partners, students, friends, customers, members, any other group that you communicate with on an ongoing or regular basis, or the use of "opt-in" lists of people willing to take surveys.

If SurveyShare or our Internet Service Provider receive more than one complaint about SPAM or UCE directly related to your use of our service or email invitations for your surveys hosted on our service, regardless of the source of your email list, we reserve the right to immediately and permanently shut down your account without refund. If member attempts to engage in spamming a second time using the same or different account, SurveyShare will report such conduct to the appropriate authorities and turn over any and all information, including personally identifying information, to appropriate persons or entities.

If you are unsure whether any contemplated use of email is permitted, please send mail to abuse@SurveyShare.com and we will assist you.

Trademarks. SurveyShare, SurveyShare.com, and all page headers, custom graphics, and button icons are service marks, trademarks, and/or trade dress of SurveyShare. All rights reserved. All other trademarks appearing on the site are the property of their respective owners.

Monitoring. SurveyShare shall have the right, but not the obligation, to monitor the content of the site including any chat rooms and forums, to determine compliance with these Terms of Service and any operating rules established by SurveyShare and to satisfy any law, regulation, or authorized government request. SurveyShare shall have the right in its sole discretion to edit, refuse to post, or remove any material submitted to or posted to the site. Without limiting the foregoing, SurveyShare shall have the right to remove any material that SurveyShare, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

Indemnification. You agree to defend, indemnify, and hold harmless SurveyShare and its affiliates and their respective directors, officers, employees, agents, from and against any and all damages, claims, actions, demands, suits, costs, liabilities, losses, and expenses (including reasonable attorney fees and disbursements and court costs) arising out of your use of the services of this site or from breach of this Terms of Service agreement, or your violation of any law or the rights of a third party.

Disclaimer of Warranty and Limitation of Liability. Members expressly agree that use of the SurveyShare site and its affiliated sites is at member's sole risk. Neither SurveyShare, its affiliates, nor any of their respective employees, agents, third party content providers, or licensors warrant that the 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 site, or the accuracy or reliability of any information, service, or merchandise provided through the site. SurveyShare assumes no responsibility and shall not be liable for any damages to, or viruses that may affect, your computer equipment or other property in connection with your access to, use of, or browsing through the SurveyShare related Web sites, or your downloading of any information from the SurveyShare site. SurveyShare does not warrant or guarantee that (a) any information available through the site will be free of infection by viruses, worms, Trojan horses, or anything else manifesting destructive properties; or (b) the content of members surveys will be free of adult-oriented material or questions that some individuals might deem objectionable; or (c) the functions or services of SurveyShare and its Web sites will be uninterrupted or error-free or that defects in any SurveyShare Web site will be corrected. The site is provided "as is" without warranties of any kind, either express or implied. In no event will SurveyShare or any person or entity involved in creating, producing, or distributing content included therein, be liable in contract or in tort for any damages including without limitation, direct, indirect, incidental, punitive, consequential, or similar damages including without limitation lost profits, lost revenues, loss of use or similar economic loss arising out of the use or inability to use the site. You hereby acknowledge that the provisions of this section shall apply to all use of and content on the site.

YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE SITE AND WILL NOT MAKE A CLAIM AGAINST SURVEYSHARE FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS OR LOST PROFITS RESULTING FROM THE USE OF THE SITE OR INFORMATION.

SURVEYSHARE IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY SURVEY OR SURVEY INVITATIONS CREATED BY OR USED BY MEMBERS, NOR IS IT RESPONSIBLE FOR CONTENT OF THE RESPONSES TO A SURVEY OR THE RESULTS OF A SURVEY.

No Resale of Service. You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the service, use of the service, or access to the service.

Ownership of Submitted Content. We welcome your suggestions to improve, expand, or enhance SurveyShare products, services, or materials and the products and materials of SurveyShare subsidiaries and affiliates. However, you agree that any and all information, ideas, and suggestions that you provide to SurveyShare or any of its subsidiaries or affiliates to improve, expand, or enhance any products, services, or materials, becomes the exclusive property of SurveyShare, and you irrevocably assign all rights of ownership, including, without limitation, intellectual property rights, to SurveyShare upon submission of the information. Additionally, you agree to defend, indemnify, and hold SurveyShare and its affiliates, subsidiaries, officers, directors, agents, and employees harmless from any and all costs, losses, expenses, damages, and liabilities resulting from or in connection with any claims that the information you provide to SurveyShare Sites infringes on any copyright, trademark, patent, or any other intellectual property right of any third party.

Links to Other Sites and Advertisers. Throughout this site, there may be many links to other Worldwide Web resources, as well as advertising material for other sites that include links to those sites.. However, because SurveyShare has no control over such external sites and resources, you agree that SurveyShare is not responsible for the availability of such resources. In addition, it does not endorse, and is not responsible for, any content, advertising, or other materials found there. SurveyShare also is not responsible for the privacy practices or content of any Web sites that it links to. You acknowledge that SurveyShare is not responsible or liable, directly or indirectly, for any damage or alleged events connected to the use or reliance on any content or services available through any such site or resource.

Privacy. We believe your privacy and the privacy of all our users is important. Please review our Privacy Policy.

Payment Terms. No refunds of subscription fees will be given on any memberships paid. The member promises to pay all charges to the Member's SurveyShare account, including taxes if applicable, as the charges are incurred. Rates are posted on the site, and changes to them take place immediately. The user must provide SurveyShare with accurate credit card information, and promptly notify us if this information changes. SurveyShare will take measures to ensure the confidentiality of this data, and that the credit card transaction takes place in a secure environment. Member may cancel his or her subscription at any time by sending an email to SurveyShare customer service at support@surveyshare.com requesting cancellation. Upon receipt of such notification, SurveyShare will immediately terminate member's access to the Services. No refunds of subscription fees will be given. If the member's credit card charge is not accepted, SurveyShare has the right to terminate or suspend that member's access to the SurveyShare system. SurveyShare reserves the right to terminate Member's subscription at any time.

Jurisdiction. The Terms of Service and the relationship between Member and SurveyShare shall be treated as if entered into and executed in the State of Indiana and shall be governed and construed in accordance with the laws of the State of Indiana, without regard to conflict of law principles. Member agrees to submit to personal and exclusive jurisdiction and venue of the courts in the county of Monroe, Indiana USA. The failure of SurveyShare to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such a right or provision. SurveyShare makes no representation that the materials and content on the SurveyShare site or related services are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is strictly forbidden. Those who access the Services or the SurveyShare Web site from other locations do so on their own initiative and at their own risk and are responsible for compliance with local laws. You agree that regardless of any statute or law to the contrary, any claim or demand under the Terms of Service must be made within 1 year of the occurrence or be forever barred. A printed version of these Terms of Service and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The section titles in the Terms of Service are for convenience only and have no legal or contractual effect. All rights not expressly granted herein are reserved.

Changes to this Policy. The above Terms of Service are effective as of January 15, 2004. SurveyShare reserves the right at any time to change the Terms of Service without notice as well as change or discontinue any aspect or feature of the site, including, without limitation, the content, tools, hours of availability, and hardware/software needed for access and use of the site. If there are material changes in the Terms of Service, SurveyShare will attempt to notify all registered users of these policy changes in a reasonable time directly via email at the email address provided to SurveyShare by registered users as well as prominently posting new policies at the SurveyShare Web site for at least 30 business days prior to the implementing the new practice. Both the email to registered users and the notice on our Web site will explain how to notify us if a user objects to the new practice(s) and wishes to prevent such use.

Your Acceptance of These Terms. By using this Web site, you signify your consent to SurveyShare's Terms of Service. If you do not agree to this, please do not use our Web sites or services. Your continued use of SurveyShare Web sites or services following the posting of changes to these terms will mean you accept those changes in accordance with the Terms of Service.

If you have any questions about this site, or its policies, please contact us by phone or via e-mail at info@SurveyShare.com.

SurveyShare, Inc.
220 Elizabeth St A17
Chapel Hill, NC 27514
919-357-5565 (voicemail)
Email: info@surveyshare.com