TERMS OF SERVICE AGREEMENT
Last Updated: September 20, 2005

1. Content. Customer understands that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted via the Services, are the sole responsibility of the person from which such Content originated. This means that Customer, and not Tachometry, is entirely responsible for all Content that Customer uploads, posts, emails, transmits or otherwise makes available via the Service. Customer will not hold Tachometry liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.

2. Harmful Content. Customer agrees to not use the Service to:

1. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;


2. harm minors in any way;


3. impersonate any person or entity, including, but not limited to, a Tachometry official, forum leader, guide or host, or falsely state or otherwise misrepresent any affiliation with a person or entity;


4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;


5. upload, post, email, transmit or otherwise make available any Content that Customer does not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);


6. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;


7. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose, or otherwise upload, post, email, or transmit the same message, URL, or post multiple times;


8. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;


9. disrupt the normal flow of dialogue, or cause the screen to "scroll" faster than other users of the service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real-time exchanges;


10. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;


11. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;


12. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;


13. "stalk" or otherwise harass another; and/or


14. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through m above;


15. relay email from a third party's mail servers without the permission of that third party;


16. use "robots" or otherwise harvest a third party’s email address for purposes of sending unsolicited or unauthorized material.

3. Removing Harmful Content. Customer acknowledges that Tachometry may or may not pre-screen Content, but that Tachometry and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, Tachometry and its designees shall have the right to remove any Content that violates these terms or is otherwise objectionable.

4. Intervention. Customer acknowledges, consents and agrees that Tachometry may access, preserve, and disclose Customer account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these terms; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to Customer requests for customer service; or (e) protect the rights, property, or personal safety of Tachometry, its users and the public.

5. Security. Customer understands that the technical processing and transmission of the Service, including Customer Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Customer understands that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by Tachometry and/or content providers who provide content to the Service. Customer may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.

6. International Use. Recognizing the global nature of the Internet, Customer agrees to comply with all local rules regarding online conduct and acceptable Content. Specifically, Customer agrees to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which Customer resides.

7. Criminal Penalties. Unauthorized use of the Services in connection with the transmission of unsolicited bulk e-mail, including the transmission of counterfeit e-mail, may result in state and federal civil and criminal penalties against the sender, including those provided by the Computer Fraud and Abuse Act (18 U.S.C. 1030 et seq.) and the CAN-SPAM Act of 2003.