This Agreement sets forth the terms and conditions which apply to your use of the D4COST.NET Website ("D4CNET") and any other product or service offered for sale by DCD ("DCD") through the D4CNET Website. The right to use the D4CNET Website and any other product or service offered by DCD through the D4CNET Website is personal to you and is not transferable to any other person or entity.

1. Definitions. The "Service" is the personalized online news, information, shopping and interactive service operated by DCD on the World Wide Web of the Internet accessible through the D4CNET Website. "Member" means each person who registers to use any of the products or services, or features thereof, of the Service for which registration is required or requested.

2. General. DCD shall have the right at any time to change or discontinue any aspect or feature of the Service, including, but not limited to, content, hours of availability, registration requirements and equipment needed for access or use.

3. Changed Terms. DCD shall have the right at any time to impose, change, or modify its other terms and conditions applicable to use of the Service, or any part thereof, or to impose new terms and conditions. Such changes, modifications, additions, or deletions shall be effective immediately upon notice thereof, which may be given by any reasonable means including, but not limited to, posting on the Service a revised version of this Agreement and notification by electronic or conventional mail. Any use of the Service by the Member after such notice (other than to terminate the Member's membership pursuant to Section 9 hereof) shall conclusively be deemed to constitute acceptance by the Member of such changes, modifications, additions, or deletions. The Member agrees to review the terms and conditions periodically to be aware of such revisions.

4. Member Conduct.

(A) The Service shall be used for lawful purposes only. No material shall be posted on or transmitted which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent or otherwise objectionable, which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law. No conduct shall be undertaken that, in DCD's judgment, restricts or inhibits any other user from using or enjoying the Service. Advertising or commercial solicitation may not be posted on or transmitted through the Service by Members.

(B) The Service contains copyrighted material, trademarks and other proprietary information including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire content of the Service is copyrighted as a collective work under the United States copyright laws. DCD owns a copyright of the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Each third-party content provider owns the copyright in content original to it. No Member may modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content of the Service, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, publication or commercial exploitation of downloaded material from the Service will be permitted without the express-written permission of DCD and any other copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made. Each Member acknowledges that he or she does not acquire any ownership rights by downloading copyrighted material.

(C) No material protected by copyright, trademark or other proprietary right shall be uploaded, posted or otherwise made available by the Member on the Service without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with the Member. The Member shall be solely liable for any damages resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from any uploading, posting or submission.

(D) Each Member hereby grants to DCD a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any message posted in the Service (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed.

(E) Each Member shall provide DCD with accurate, complete and updated information as to his or her name and e-mail address provided by Member at registration.

(F) No Member may (i) select or use a Member name or e-mail address of another person with the intent to impersonate that person; (ii) use a Member name or e-mail address subject to the rights of any person other than the Member without authorization; (iii) use a Member name in violation of the intellectual property rights of any person; or (iv) use a Member name that DCD, in its sole discretion, deems offensive.

(G) The foregoing provisions of this Section 4 are for the benefit of DCD, its affiliates, and third-party content providers and licensors, if any, and each shall have the right to assert and enforce such provisions directly on its own behalf.

5. Third-Party Content. The Service contains content supplied by parties other than DCD. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by such third parties, including information providers and Members, are those of the respective author(s) or distributor(s) and not of DCD. Neither DCD nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 6 below for the complete provisions governing limitation of liabilities and disclaimers of warranty.) In many instances, the content available through the Service represents the opinions and judgments of the respective information provider or Member, and not of DCD.

6. Disclaimer of Warranty; Limitation of Liability.

(A) EACH MEMBER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT HIS OR HER SOLE RISK. NEITHER DCD, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, IF ANY, WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE: NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE OR AS TO THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION, SERVICE, [OR MERCHANDISE] PROVIDED THROUGH THE SERVICE.

(B) THE SERVICE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS 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.

(C) THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION 6 APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. EACH MEMBER SPECIFICALLY ACKNOWLEDGES THAT DCD IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF THIRD PARTIES, INCLUDING MEMBERS AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH EACH MEMBER.

(D) IN NO EVENT WILL DCD OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE SERVICE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE OR OUT OF THE BREACH OF ANY WARRANTY.

(E) DCD NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT ON THE ONLINE SERVICE, NOR FOR ANY OFFENSIVE, DEFAMATORY, OR OBSCENE POSTING MADE ON THE SERVICE BY ANYONE. UNDER NO CIRCUMSTANCES WILL DCD BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A MEMBER'S RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT AND/OR ANY POSTINGS ON THE SERVICE. IT IS THE RESPONSIBILITY OF EACH MEMBER TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE, OR OTHER CONTENT AVAILABLE THROUGH THE SERVICE.

(F) DCD DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED BY A THIRD-PARTY THROUGH THE SERVICE AND WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN ANY MEMBER AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, EACH MEMBER SHOULD USE HIS OR HER BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

(G) EACH MEMBER SPECIFICALLY ACKNOWLEDGES THAT IN NO EVENT WILL DCD, ITS AFFILIATES, OR ITS THIRD PARTY SERVICE PROVIDERS NOR ANY OF THEIR RESPECTIVE EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF (i) THE USE BY SUCH MEMBER OF ANY BROWSER OWNED OR OPERATED BY ANY PARTY AND/OR (ii) THE DOWNLOADING OF ANY SOFTWARE OWNED OR OPERATED BY ANY THIRD-PARTY IN CONNECTION WITH THE SERVICE.

7. Monitoring. DCD shall have the right, but not the obligation, to monitor the content of the Service to determine compliance with this Agreement and any other operating rules established by DCD. DCD shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the Service. Without limiting the foregoing, DCD shall have the right to remove any material that DCD, in its sole discretion, finds to be in violation of the provisions hereof, otherwise objectionable or stale. Notwithstanding this right of DCD, Members shall remain solely responsible for the content of their messages. Each Member acknowledges and agrees that neither DCD nor any third party content provider shall assume or have any liability for any action or inaction by DCD or any third party content provider with respect to any conduct, communication or posting on the Service.

8. Indemnification. Each Member agrees to defend, indemnify, and hold harmless DCD, its affiliates, and its third party service providers and their respective directors, officers, employees, and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of the Service by such Member.

9. Termination. Either DCD or Member may terminate this Agreement at any time. Member's only right with respect to any dissatisfaction with (i) any terms and conditions of this Agreement, (ii) any policy or practice of DCD in operating the Service, or (iii) any content available through the Service or any change therein, is to terminate this Agreement by sending a written notice by e-mail to endmembership@d4cost.net. Without limiting the foregoing, DCD shall have the right to immediately terminate this Agreement with respect to any Member in the event of any conduct by Member which DCD, in its sole discretion, considers to be unacceptable, or in the event of any breach by Member of this Agreement. The provisions of Sections 3, 4, 5, 6, 7, 8, and this, Section 9, shall survive termination of this Agreement.

10. Trademarks. Trademarks are registered trademarks of DCD. All rights reserved. All other trademarks appearing on the Service are the property of their respective owners, including, in some instances, DCD.

11. Equipment. Each Member shall be responsible for obtaining and maintaining all telephone, computer hardware, and other equipment needed for access to and use of the Service, and Members shall be responsible for all charges related thereto.

12. Privacy. See DCD Privacy Policy.

13. Security. DCD takes reasonable precautions to safeguard information transmitted between the Site and its Members. However, we are unable to prevent unauthorized access to such information by third parties. Members acknowledge this risk when communicating with the Site.

14. IP/LOG Files. IP addresses refer to the unique identifying numbers of computers logged onto the Internet. They are not personal identifiers or in any way is your IP address linked to your personally identifiable information. IP addresses supply DCD with information about how many people visit the site and how long they remain within the DCD site. By recognizing IP addresses, DCD can track trends in network usage, adequately diagnose and address issues with our server, and properly administer Web sites. Information recorded in the log files is never linked to a user's personally identifying information.

The D4CNET Website is maintained by DC&D Technologies, Inc ("DCD") and follows the DCD Privacy Policy (as detailed below). DCD's address is 8602 N. 40th Street Tampa, FL 33604. DCD can also be reached by e-mail at support@dcd.com.

The D4CNET Website does not collect personal information about individuals except when knowingly provided by such individuals (or as otherwise detailed below). Any personal information (e.g., name, e-mail address, etc.) provided by such individuals may be used in connection with DCD, the D4CNET Website and for such other purposes as may be indicated at the point of collection (or otherwise detailed in the DCD Privacy Policy). From time to time, such information may be provided to reputable third parties for marketing or information gathering purposes. If you do not want us to share your personal information with third parties, please let us know by e-mail at offlist@d4cost.net, and include your name, address, and e-mail. While DCD will use reasonable good faith efforts to require third parties to adhere to its privacy policies, it does not bear any responsibility for any actions or policies of such parties.