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You must read and agree to the Membership Agreement to continue.

WELCOME TO TM.  The following are the terms and conditions for the use of TM and its services (the "Service") brought to the user by TM.com ("TM").  Please read them carefully.  This Service is provided to individuals who are at least 18 years old or minors who have parental consent to open and maintain a TM account.

BY COMPLETING THE REGISTRATION PROCESS OR BY SIGNING THIS CONTRACT, YOU (the USER) ARE STATING THAT YOU ARE ELIGIBLE FOR A TM ACCOUNT AND THAT THE USER AGREES TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF TM'S TERMS OF SERVICE ("TOS") AGREEMENT.  THE USER ALSO AGREES THAT THE USER WILL NOT BE ENTITLED TO A REFUND OF ANY MONIES PAID TO TM IF ANY BREACH OF THIS TOS IS MADE.

1. MEMBER ACCOUNT, PASSWORD, AND SECURITY
            To open a TM account the user must agree to this TERMS OF SERVICE page.  The user will then submit the user's personal information; choose a user name and password.  The user is responsible for the privacy of the user's user name and password.  Furthermore the user is entirely responsible for all activities that take place within your Keyword Domain Address.  The user agrees to notify TM immediately of any unauthorized use of the user's account or any other breach of security.

2. USE OF KEYWORD DOMAIN ADDRESS
            TM is a keyword domain address vendor.  It is not necessary to register to use TM's keyword domain address services.  However, we strongly recommend registering to fully utilize our services and contents.  Once registered, the user is agreeing to adhere to the rules and regulations set forward to the user by TM in this TOS.

3. COPYRIGHT
            All of the Services provided by TM are copyrighted, including a number of intellectual property rights.  Redistributing, transferring, or copying of the SERVICE and its contents for non-personal use is strictly prohibited and prosecutable by law.

4. MEMBER PRIVACY
            It is TM's mission to treat the user's account and all of the user's account information with the utmost privacy.  We will not monitor, edit, or disclose the contents of any incoming or out going Web traffic through the user's TM account without the user's prior permission unless TM has good faith in its use as described in our "Privacy Policy".  By reading and agreeing to this TOS, the user agrees to allow TM to access your account for technical issues or from your request.

5. DISCLAIMER OF WARRANTIES
            TM does not control in any respect any information, products, or services offered by third parties.  TM will not be held liable for any service or merchandise that is offered by a third party link.

6. USERS OF TM'S KEYWORD DOMAIN ADDRESS
            TM is not liable or responsible for any of the content provided by the users using TM's keyword domain address.  The list of types of content includes but is not limited to: downloads, media (video or audio) contents, electronic payment service, fees, malfunctioning Web sites, etc.  TM is not responsible for damages incurred while using Web sites using the service.  TM neither condones nor promotes any of its keyword domain addresses and therefore the user is expected to take appropriate precautions.

7. LIMITATION OF LIABILITY
            UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION OR NEGLIGENCE, SHALL TM OR ITS PARENT COMPANY, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING, OR DISTRIBUTING TM.COM OR RELATED SERVICES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OR INABILITY TO USE TM OR ANY CONTENT PROVIDED BY OR THROUGH THIS SITE, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF TM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO THE USER. IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

TM IS ALSO NOT LIABLE FOR ANY DAMAGES OR INCONVENIENCE ARISING OUT OF SYSTEM FAILURE FROM NATURAL DISASTERS, WARS, FIRES, FLOODS, LABOR DISPUTES, POWER OUTAGES, CORE SYSTEM MALFUNCTIONS, RIOTS, OR SUCH UNPREVENTABLE AND CATESTROPHIC OCCURANCES.

8. INDEMNIFICATION
            The user agrees to indemnify and hold TM, its parent company, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct through your account.

9. TERMINATION
            TM may terminate the Service with proper cause at any time and effective immediately.  In addition, TM, in its sole discretion, may terminate an account for violation of the TOS.  TM shall have no obligation to maintain any content in the user's account or to forward any unread or unsent messages to the user or any third party.

10. NO SPAM POLICY
            TM will immediately terminate any account, which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk e-mailing activities.

11. SPAM DAMAGES
            In addition to Section 10, because damages are often difficult to quantify, the user agrees to pay TM liquidated damages of $5.00 for each piece of spam or unsolicited bulk e-mail transmitted from or otherwise connected with the user's TM account, or TM's actual damages, whichever is greater.

12. IMPROPER USAGE
            TM will either delete or modify the keyword domain address if it has been found that the user slanders, use abusive language or expressions, libels another, causes damage or injuries to others, provides false information, distributes lewd materials, distributes malicious viruses within or linked to the user's Web Site.  The user will be solely liable for any damages incurring from such practice.

13. PARTICIPATION IN PROMOTIONS OF ADVERTISERS
            Any dealings with Advertisers on the Service or participation in promotions, including the delivery of and payments for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between the user and the Advertiser or other third party.  TM shall not be responsible or liable for any part of any such dealings or promotions.

14. PROPRIETARY RIGHTS TO CONTENT
            The user acknowledges that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or distributed e-mails, commercially produced information presented to the user by the Service, by TM, or TM's Advertisers or other content providers, are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.  The user may make a copy of this content for the user's personal, non-commercial use only, provided that the user keeps all copyright and other proprietary notices intact.  The user may not modify, copy, reproduce, republish, upload, post, transmit, or distributes in any way content available through the Service, including code and software.

15. MODIFICATIONS TO TERMS OF SERVICE, MEMBER POLICIES
            TM reserves the right to change the TOS or member policies regarding the use of the Service at any time. TM will post any changes or modifications made to this agreement one (1) week prior to its enactment.  Please, be sure to check the Terms of Service page for any changes and updates.

16. LAWS
            The TOS shall be governed by and construed in accordance with the laws of the state of California and the United States of America, excluding their conflict of law provisions.  The user and TM agree to submit to the exclusive jurisdiction of the courts located in the county of Santa Clara in the state of California.  TM's failure to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision unless acknowledged and agreed to by TM in writing.  The user and TM agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.  The section titles in the TOS are solely used for the convenience of the parties involved and have no legal or contractual significance.

17. LANGUAGE
            It is the express will of the parties involved that this agreement and all related documents have been drawn up in English.

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