Terms and Conditions

SprintCRMâ„¢ :: SITE OWNER AGREEMENT AND SOFTWARE LICENSE TERMS

Through its SprintCRMâ„¢ (the "Services") Doctor Net Limited provides organisations a variety of tools and resources for Customer Relationship Management. The following are the terms and conditions for use of the Services.

1. Services and Support

1.1 The Services are provided subject to this Agreement, as it may be amended by Doctor Net Limited, and any guidelines, rules or operating policies that Doctor Net Limited may establish and post from time to time (the "Agreement"), including without limitation SprintCRMâ„¢'s privacy policy as published at the SprintCRM.com web site at http://www.sprintcrm.com/sprintcrm-privacy-policy.html, or otherwise furnished to you (the "Policy") (unless otherwise stated, all references to the Agreement shall include the Policy). By posting updated versions of the Agreement on the Services at the SprintCRM.com web site, or otherwise providing notice to you, Doctor Net Limited may modify the terms of the Agreement and may discontinue or revise any or all other aspects of the Services at its sole discretion. All such changes shall become effective upon posting of the revised Agreement on the Services.

1.2 The Services are available only to persons who can form legally binding contracts under applicable law. If you do not qualify, please do not use the Services.

1.3 The Services enable corporate web sites, small business web sites, provides organisations a variety of tools and resources for Customer Relationship Management.

1.4 The Services will be subject to monthly subscription fees ("Paid Services"). Paid Services are billed monthly, in advance, according to the Fee Schedule provided to you by Doctor Net Limited. The Fee Schedule, including subscriber levels and prices, are subject to change at any time.

1.5 You are responsible for maintaining the security of your account, passwords, and files, and for all uses of your account and of the Services in your name. Doctor Net Limited reserves the right to refuse registration of, or cancel, accounts it deems inappropriate.

1.6 You will be billed monthly for Services. Payment for Services will be made by a valid credit card accepted by Doctor Net Limited or other accepted method of payment. You hereby authorise Doctor Net Limited to charge your credit card for such amounts on a regular basis, but generally on the first day of each month. Fees are payable in UK pounds. If Doctor Net Limited is for any reason unable to effect automatic payment via your credit card or other means of payment, you will be notified via email and your SprintCRMâ„¢ account will be disabled until payment is received. Monthly pricing may vary based upon subscriber count, you are responsible for reviewing the Fee Schedule from time to time and remaining aware of the Fees charged by Doctor Net Limited.

2. Restrictions and Responsibilities

2.1 This is an Agreement for Services. You are not granted a license to any software by this Agreement. You will not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Services or any software, documentation, or data related to the Services ("Software"); remove any proprietary notices or labels from the Services or any Software, modify, translate, or create derivative works based on the Services or any Software; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Services or any Software. The Services shall be used for your internal business (which includes civic or charitable) purposes only and you shall not use the Services or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third party. If you are using the Services in any country in the European Community, the prohibition against modifying, translating, reverse engineering, decompiling, disassembling or creating derivative works based on the Services or the Software does not affect your rights under any legislation implementing the E.C. Council Directive on the Legal Protection of Computer Programs.

2.2 You acknowledge and agree that the Services and the Doctor Net Limited company names and logos and all related product and service names, design marks and slogans, are the property of Doctor Net Limited or its affiliates or suppliers (collectively, the "Marks"). You are not authorised to use any of the Marks in any advertising, publicity or any other commercial manner without the prior written consent of Doctor Net Limited. Your use of the Services confers no title or ownership in the Service, the Software or the Marks and is not a sale of any rights in the Service, the Software or the Marks. All ownership rights remain in Doctor Net Limited or its third party suppliers, as the case may be.

2.3 You represent, covenant, and warrant that you will use the Services only in compliance with the Agreement and all applicable laws (including but not limited to policies and laws related to spamming, privacy, obscenity, or defamation). You agree you will not access or otherwise use third party mailing lists in connection with preparing or distributing unsolicited email to any third party. You hereby agree to indemnify and hold harmless Doctor Net Limited against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable legal fees) in connection with any claim or action that arises from an alleged violation of the foregoing or otherwise arising from or relating to your use of the Services. Although Doctor Net Limited has no obligation to monitor the content provided by you or your use of the Services, Doctor Net Limited may do so and may remove any such content or prohibit any use of the Services it believes may be (or is alleged to be) in violation of the foregoing.

2.4 The Services may only be used for lawful purposes. Transmission or solicitation of any material that violates European Community or United States federal, state or other laws that may apply in your local area is prohibited. This may include material that is obscene, threatening, harassing, libellous, or in any way a violation of intellectual property laws or a third party's intellectual property rights.

2.5 In using the varied features of the Services, you may provide information (such as name, contact information, or other registration information) to Doctor Net Limited. Doctor Net Limited may use this information and any technical information about your use of the Services to tailor its presentations to you, facilitate your movement through the Service, or communicate separately with you. If you licensed the Services as a result of solicitation by a Marketing Partner of SprintCRMâ„¢, SprintCRMâ„¢ may share your information with the Marketing Partner. Doctor Net Limited will not provide information to companies you have not authorised, and Doctor Net Limited will not permit the companies that get such information to sell and redistribute it without your prior consent.

2.6 Doctor Net Limited will not use your customer list or any other customer information for any other purposes than those intended with the service. Your customer information will not be shared with any other parties.

3. Termination

3.1 You may terminate this Agreement at the end of your initial contract time by sending an email message to support@SprintCRM.com or by sending written notice to Doctor Net Ltd.

3.2 Doctor Net Limited may terminate this Agreement or the Services at any time with or without cause, and with or without notice. Upon termination, Doctor Net Limited will provide you a proportionate refund of the advance monthly payment which Doctor Net Limited has received for the then-current month, based on the number of days remaining in the month following the date of termination. Except for such refund, Doctor Net Limited shall have no liability to you or any third party because of such termination.

3.3 Doctor Net Limited will delete any of your archived data within 30 days after the date of termination. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, ownership, warranty disclaimers and limitations of liability.

3.4 If you do not log into your account for more than 90 days, the account will become inactive. When an account is classified (at Doctor Net Limited' sole discretion) as inactive, Doctor Net Limited will notify you by email. INACTIVE ACCOUNTS HAVE 30 DAYS TO BECOME ACTIVE OR THE ACCOUNT AND ITS DATA, INCLUDING SUBSCRIBER SIGNUPS, MAY BE PERMANENTLY REMOVED FROM THE Doctor Net Limited DATABASE.

4. Warranty Disclaimer; Remedies

USE OF THE SERVICES AND ANY RELIANCE BY YOU UPON THE SERVICES, INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. Doctor Net Limited DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. THE SERVICES ARE PROVIDED "AS IS" AND Doctor Net Limited DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. Your sole and exclusive remedy for any failure or non-performance of the Services shall be for Doctor Net Limited to use commercially reasonable efforts to adjust or repair the Services.

5. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL Doctor Net Limited OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS "Doctor Net Limited") BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF Doctor Net Limited SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN THE EVENT THAT NOTWITHSTANDING THE FOREGOING, Doctor Net Limited IS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), THE LIABILITY OF Doctor Net Limited TO YOU WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

6. Miscellaneous

6.1 If any provision of the Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.

6.2 Doctor Net Limited and you agree that the Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of the Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No delay or omission by either party in exercising any right or remedy under this Agreement or existing at law or equity shall be considered a waiver of such right or remedy.

6.3 No agency, partnership, joint venture, or employment is created as a result of the Agreement, and you do not have any authority of any kind to bind Doctor Net Limited in any respect whatsoever.

6.4 In any action or proceeding to enforce rights under the Agreement, the prevailing party will be entitled to recover its costs and attorneys' fees.

6.5 The Agreement shall be governed by the laws of England without regard to its choice or law or conflict of laws provisions.