As a provider of wireless directory services, Internet goods and services, and other products and services, WiFinder offers users, visitors and its customers (also known as members), and their customers and users, the means to acquire and disseminate a wealth of public, private, commercial, and non-commercial information. WiFinder respects that the Internet provides a forum for free and open discussion and dissemination of information, however, when there are competing interests at issue, WiFinder reserves the right to take certain preventative or corrective actions. In order to protect these competing interests, WiFinder has developed an Acceptable Use Policy ("AUP"), which supplements and explains certain terms and conditions of the web site usage and each customer's respective service agreement and is intended as a guide to the user's rights and obligations when utilizing WiFinder's services. This AUP will be revised from time to time. A user's use of WiFinder's services after changes to the AUP are posted on WiFinder's web site, www.wifinder.com, will constitute the user's acceptance of any new or additional terms of the AUP that result from those changes.

You are responsible for obtaining access to WiFinder and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the services.

In consideration of your use of our services for registered members, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by our service's registration form and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or WiFinder has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, WiFinder has the right to suspend or terminate your account and refuse any and all current or future use of our services (or any portion thereof).

You will receive a password and account designation upon completing the service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify WiFinder of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. WiFinder cannot and will not be liable for any loss or damage arising from your failure to comply with this

You agree to indemnify and hold WiFinder, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of information you submit, post, transmit or make available through our services, your use of the services, your connection to the services, your violation of this Agreement, or your violation of any rights of another.

No Resale of WiFinder Services - 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 our services.

WiFinder reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, our services (or any part thereof) with or without notice. You agree that WiFinder shall not be liable to you or to any third party for any modification, suspension or discontinuance of our service.

You agree that WiFinder, in its sole discretion, may terminate your password, account (or any part thereof) or use of our service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if WiFinder believes that you have violated or acted inconsistently with the letter or spirit of the Agreement. WiFinder may also in its sole discretion and at any time discontinue providing our services, or any part thereof, with or without notice. You agree that any termination of your access to our services under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that Yahoo may immediately deactivate or delete your account and all related information and/or bar any further access to our services. Further, you agree that WiFinder shall not be liable to you or any third-party for any termination of your access to our service.

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through our service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that WiFinder shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

Our service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because WiFinder has no control over such sites and resources, you acknowledge and agree that WiFinder is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any information, content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that WiFinder shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such information, goods or services available on or through any such site or resource. WiFinderIs Proprietary Rights - You acknowledge and agree that our services and any necessary software used in connection with the services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that information contained in sponsor advertisements or information presented to you through our services or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Yahoo or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create deptive works based on the Service or the Software, in.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WIFINDER SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WIFINDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

This Agreement constitutes the entire agreement between you and WiFinder and governs your use of the Service, superceding any prior agreements between you and WiFinder. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The Agreement and the relationship between you and WiFinder shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and WiFinder agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Contra Costa, California. The failure of WiFinder to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use the Internet, both in the information they acquire and in the information they disseminate to others. When users obtain information from WiFinder or through the Internet, they must keep in mind that WiFinder cannot monitor, verify, warrant, or vouch for the accuracy and quality of the information that users may acquire For this reason, the user must exercise his or her best judgment in relying on information obtained from the Internet. Because WiFinder cannot monitor or censor the Internet, and will not attempt to do so, WiFinder cannot accept any responsibility for injury to its users that results from inaccurate, unsuitable, offensive, or illegal Internet communications. When users disseminate information through the Internet, they also must keep in mind that WiFinder does not review, edit, censor, or take responsibility for any information its users may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation, and other harmful speech. Also, because the information they create is provided vi WiFinder's network and may reach a large number of people, including both users and nonusers of WiFinder services, users' postings to the WiFinder site may affect other users and may harm WiFinder's goodwill, business reputation, and operations. For these reasons, users violate WiFinder policy and the service agreement when they, their customers, affiliates, or subsidiaries engage in the following prohibited activities:

Similarly, WiFinder anticipates that users who offer Internet services will cooperate with WiFinder in any corrective or preventive action that WiFinder deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of WiFinder policy. WiFinder also is concerned with the privacy of wireless, on-line communications and web sites. In general, wireless access to the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, WiFinder urges its users to assume that all of their on-line communications are insecure. WiFinder cannot take any responsibility for the security of information transmitted over WiFinder's partnerIs facilities. WiFinder will not intentionally monitor private electronic mail messages sent or received by its users unless required to do so by law, governmental authority, or when public safety is at stake. WiFinder may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, WiFinder may disclose information, including but not limited to, information concerning a user, a transmission made using our network or our partnerIs networks, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, or governmental request. WiFinder assumes no obligation to inform the user that user information has been provided and in some cases may be prohibited by law from giving such notice. Finally, WiFinder may disclose userption or information transmitted over its network corp WiFinder and others from harm, or where such disclosure is necessary to the proper operation of the system.

WiFinder expects that its users who provide Internet services to others will comply fully with all applicable laws concerning the privacy of on-line communications. A subscriber's failure to comply with those laws will violate WiFinder policy. Finally, WiFinder wishes to emphasize that in using the site or signing a service agreement, users indemnify WiFinder for any violation of the service agreement, law, or WiFinder policy, that results in loss to WiFinder or the bringing of any claim against WiFinder by any third-party. This means that if WiFinder is sued because of a subscriber's or customer of a subscriber's activity, the subscriber will pay any damages awarded against WiFinder, plus costs and reasonable attorneys' fees.

We hope this AUP and Agreement is helpful in clarifying the obligations of wireless Internet users, service providers, and partners of WiFinder as responsible members of the Internet. Any complaints about a user's violation of this AUP should be sent to

abuse@wifinder.com.