This Agreement sets forth the terms and conditions which apply to the use of e-guana.net Incorporated's e-guanaTools hosted application service ("Service"). The right to use this Service is personal to you, your non-profit organization registered with e-guana.net, and is not transferable.

I. COPYRIGHT, TRADEMARKS, LINKING, ETC. This World Wide Web Site ("Web Site") and all information it contains are the property of e-guana.net, Inc and should be referenced as follows Copyright © e-guana.net, Inc. All rights reserved.

e-guana.net and the e-guana.net, Inc. logo are trademarks or service marks of e-guana.com Incorporated and may not be used in any manner whatsoever outside what is explicitly provided for in the software's help documentation available through the Service, without the specific prior written permission of e-guana.net, Inc. All other trademarks cited herein are owned by their respective organizations and companies.

You may refer to the URL's generated through the e-guanaTools Service without limitation.

Nothing contained herein shall be construed as conferring any copyright, trademark, or other intellectual property right of e-guana.net, Inc. or any third party, except as expressly granted herein.

Reference to any product, process, publication, service, or offering of any third party by trade name, trademark, manufacturer, or otherwise does not necessarily constitute or imply its endorsement or recommendation by e-guana.net, Inc. The views and opinions of other users of this Web Site do not necessarily state or reflect those of e-guana.net, Inc.

II. GENERAL USAGE

e-guana.net, Inc. grants you a nonexclusive, revocable right to use the e-guanaTools Service provided that you do not (i) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, (ii) modify or attempt to modify the Web Site in any manner or form outside of its intended use, or (iii) distribute such information to third parties, or use it to create directories or mailing or marketing lists for any purpose expressly not permitted.

e-guana.net, Inc. 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 or policies established by e-guana.net, Inc. The requesting URLs, the machine originating the request, and the time of the request are logged for access statistics and security purposes. Use of this Service constitutes consent to such monitoring.

e-guana.net, Inc. reserves the right to revoke any or all access and use authorizations granted to the Service users. Furthermore, all input provided by users of the Service can be used by e-guana.net, Inc. for internal business purposes only related to the services provided hereunder and without compensation to the contributor.

As a licensed user of the e-guanaTools Service, you may not:

a. Publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful material or information.

b. Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents.

c. Upload files that contain viruses, corrupted files or any other similar software or programs that may damage the operation of another's computer.

d. Delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded.

e. Falsify the origin or source of software or other material contained in a file that is uploaded.

f. Except to the extent expressly allowed, advertise or offer to buy or sell any goods or services, or conduct or forward surveys, contests or chain letters.

III. LICENSE

A non-exclusive, non-transferable license to use the e-guanaTools Service "as is" is conferred upon Clients who remain in good standing with e-guana.net, Inc. The term of said license is for a duration of time agreed upon at the time the Client registers for the Service. e-guana.net, Inc. may cancel any Client's license at any time and for any reason, but must refund previously paid costs representing unused Service on a pro-rated basis as defined in the e-guanaTools Refund Policy. Likewise, Client may cancel their e-guanaTools subscription at any time and receive a refund from e-guana.net, Inc. for previously paid costs representing unused Service on a pro-rated basis as defined in the e-guanaTools Refund Policy. Clients in good standing shall be provided support from e-guana.net in accordance with its Technical Support Policy

The Terms and Conditions of Use of e-guanaTools are outlined in this document and also in the e-guanaTools Frequently Asked Questions (FAQ). If a case arises where the two documents conflict, this document will take precedence.

IV. WARRANTY

e-guana.net, Inc. has no authority or control over the operation or performance of any portion of the Internet including other World Wide Web sites to which this Web Site may be linked or from which this Web Site may be accessed. e-guana.net, Inc uses reasonable care in compiling and presenting the information found on the e-guanaTools Service. However, the accuracy of information supplied by other users is not within the control of e-guana.net, Inc., and e-guana.net, Inc. does not certify that it has verified any information in any posting entered into the e-guana.net, Inc. databases or available on the e-guanaTools Web Site.

THE WEB SITE AND THE PRODUCTS/SERVICES PROVIDED BY E-GUANA.NET, INC. ARE PROVIDED "AS IS" WITH NO WARRANTY. E-GUANA.NET, INC. EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, REGARDING THE WEB SITE AND SUCH PRODUCTS/SERVICES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, E-GUANA.NET, INC. DOES NOT WARRANT THAT THE PRODUCTS/SERVICES PROVIDED BY E-GUANA.NET, INC. OR THE SITE WILL BE FREE FROM BUGS, DEFECTS OR ERRORS, OR ACCESSIBLE WITHOUT INTERRUPTION.

E-GUANA.NET, INC. DOES NOT WARRANT THAT SERVICES PROVIDED ON THIS WEB SITE ARE ALLOWABLE IN EVERY JURISDICTION; NOR DOES E-GUANA.NET, INC. MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS WEBSITE OR ITS CONTENT OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OR SERVICES OBTAINED THROUGH USE OF THIS WEB SITE. FURTHERMORE, E-GUANA.NET, INC. DOES NOT ENDORSE, WARRANT, OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED HEREIN OR BY A THIRD PARTY THROUGH THIS WEB SITE.

YOU UNDERSTAND AND AGREE THAT ANY CONTENT AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEB SITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENTAND/OR DATA. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

V. LIMITATION OF LIABILITY

IN NO EVENT WILL E-GUANA.NET, INC. BE LIABLE FOR INDIRECT DAMAGES OF ANY KIND INCLUDING WITHOUT LIMITATION ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES EVEN IF e E-GUANA.NET, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

In no event shall e-guana.net, Inc.'s total liability to you for all damages, losses, and causes of action exceed the amount paid by you, if any, for the products or services ordered hereunder.

VI. INDEMNIFICATION

By using this Web Site, you agree to indemnify, hold harmless and defend e-guana.net. Inc. from any claims, damages, loses, liabilities and all costs and expenses of defense, including but not limited to attorneys' fees, resulting directly or indirectly from your use of this Service, unless such claims, damages, losses, liabilities, costs and expenses arise from and have directly and solely been caused by the gross negligence or intentionally wrongful acts of e-guana.net, Inc. Client represents that Client is wholly responsible for the material they publish and usage of the Service.

VII. PRIVACY POLICY

e-guana.net, Inc is dedicated to protecting your privacy. Please read our consumer Privacy Policy. This same policy applies to the privacy of your data involved in the e-guanaTools Service as well. The Privacy Policy may be changed at any time, according to the rules which are contained within the Privacy Policy. To view our Privacy Policy, click here.

VIII. GENERAL

This Agreement sets forth the entire understanding between the parties as to the subject matter hereof and supersedes any and all prior and collateral agreements and representations. e-guana.net, Inc. shall have the right to change or discontinue any aspect or feature of the services hereunder. Such modifications, changes, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, postings on the Web Site, electronic mail, and/or revised version of this Agreement. e-guana.net, Inc. shall not be responsible for delays or failures in performance resulting from events beyond the control of same.

This Agreement shall be deemed to have been made in the Commonwealth of Massachusetts and shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, exclusive of its rules governing choice of law and conflicts of law. This Agreement shall be binding upon and inure to the benefit of the parties, their successors arid permitted assigns. Headings used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. No term or provision hereof shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. In the event any provisions of this Agreement are held illegal, void or unenforceable, the balance shall remain in effect.