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INTUIT TERMS OF SERVICE

  GENERAL TERMS OF SERVICE

1.  SERVICES.  Thank you for selecting the services offered to you by Intuit Inc. and/or its subsidiaries ("Intuit", "we", "our", or "us") on this website.  These General Terms of Service together with Intuit's Privacy Statement provided to you on the website or documentation for the Intuit services you have selected and the Additional Terms and Conditions for the Services (collectively, the "Agreement") govern your use of this website and the Intuit online services to which you are granted access under this Agreement, including but not limited to programs, components, internet-based services, content, technology, tools, updates, help content, and new releases (collectively, the "Services").  This Agreement constitutes a legal agreement between you ("you" or "your") and Intuit.  By clicking "I AGREE", and/or accessing or using the Services, you indicate that you understand and agree to the terms of this Agreement. If you do not agree to the terms of this Agreement, you are not granted any rights in the Services, and you will not be able to access or use the Services.  Your access to or use of any Services may also be subject to your acceptance of separate agreements with Intuit and/or third parties.  This Agreement incorporates by reference applicable program, subscription, activation, ordering and pricing terms provided to you online or offline for the Services selected by you and for other Intuit services made available to you through these Services, which may be subject to change from time to time.  These terms will also govern your continued purchase and use of the Services, including such additional Intuit internet based services made available to you through the Services you have selected.

2.  LICENSE GRANT AND RESTRICTIONS. Subject to the terms of this Agreement and any applicable payments, Intuit grants you a personal, limited, nonexclusive, nontransferable license, during the initial term of the subscription and any applicable renewal term or other period of use provided in the activation and ordering terms, to access and use the Services, solely for the purpose described in the Intuit description for the Services, and, if applicable, solely by such number of authorized users for which the applicable fee has been paid by you. 

2.1  Except as expressly permitted herein or by applicable law, you must not, nor allow a third party to, do any of the following: (i) license, sublicense, copy, assign, lease, loan, sell, resell, republish, upload, post, transfer, distribute or commercially exploit to any third party the Services; (ii) modify or create derivative works based on the Services or its content, in whole or in part; (iii) access or attempt to access any other Intuit systems, programs, features or data that are not made available in the Services or for public use; (iv) decompile, disassemble, or reverse engineer the Services; (v) interfere with the proper working of the Services, prevent access to or the use of the Services by other licensees or customers, or impose an unreasonable or disproportionately large load on Intuit’s infrastructure; or (vi) use the Services except as expressly allowed under this Agreement.  By using the Services, you warrant to Intuit that you will not use the Services, including content, for any purpose that is unlawful or prohibited by this Agreement.  If you violate any of these terms, your permission to use the Services automatically terminates.  All license transfers are subject to written approval by Intuit and may be subject to a transfer fee determined by Intuit in its sole discretion. If your company is, or substantially all of its assets are, acquired by or merged into another company or sole proprietorship, please contact Intuit at transfer license@intuit.com regarding the transfer of your license to a new company.

3.  RESERVATION OF RIGHTS AND OWNERSHIP. The Services are licensed not sold, and Intuit reserves all rights not expressly granted to you in this Agreement. The Services are protected by copyright, trade secret and other intellectual property laws. Intuit and its licensors, where applicable, own all right, title and interest in and to the Services (and all intellectual property rights therein), including but not limited to its technology, content, derivatives, and modifications of the Services by whomever made. Intuit does not grant any license or other authorization to any user of its branding, trademarks, service marks, or other copyrightable material or other intellectual property.

4.  FEES.  If the Services are purchased by you on a payment or subscription basis, as selected by you, the following terms will apply to you. Payments are paid in U.S. dollars and credit cards will be charged in U.S. dollars unless otherwise indicated in program ordering and pricing terms provided to you on the website and/or in the program terms for the Services you have selected. The Services will be deemed accepted by you upon acceptance of this Agreement for trial versions (if applicable) of the Services and upon acceptance of this Agreement and payment of the applicable fees and/or subscription fees for paid for versions of the Services. Access to the Services will begin (i) for trial versions after your acceptance of this Agreement and after Intuit receives and processes all the information requested in the registration process; and (ii) for paid versions after your acceptance of this Agreement and after Intuit receives and processes all the information, including the credit card or bank account information requested by the registration or ordering process. You must have a valid credit card or a valid debit card acceptable to Intuit with an appropriate logo ("Card") or sufficient funds in a checking or savings account to cover an electronic debit of the fees to obtain access to the Services. The payment information you provide must be accurate, current and complete, and you agree to notify us promptly of any change in the payment information. When you subscribe and provide payment information, your Card or bank account will be debited, and will be automatically re-debited at the beginning of each applicable monthly or one-year subscription term ("Renewal Term") at the then-current subscription rate to maintain access to the Services. Cancellation and renewal terms may be supplemented by program terms provided to you in writing or on the website for the Services you have selected.

5.  TRIAL PERIOD. If you registered for a trial use of the Services ("Trial Period"), you will have the entire Trial Period within which to purchase the Services you are using in order to retain any Content (as defined below in Section 9) that you have posted, uploaded or entered into websites made available through the Services during the Trial Period. If you have not purchased the Services by the end of the Trial Period, all of the Content will be deleted. Intuit is not responsible for any damages to you in the event you decide not to purchase the Services and Intuit deletes the Content after the Trial Period expires.  BY YOUR USE OF THE TRIAL VERSION OF THE SERVICES YOU UNDERSTAND AND AGREE THAT AFTER THE AMOUNT OF TIME SPECIFIED IN THE WEBSITE OR DISCLOSED DURING THE ORDERING PROCESS FOR THE SERVICES YOU HAVE PURCHASED, YOU MAY NOT BE ABLE TO CONTINUE TO ACCESS AND/OR USE SUCH TRIAL SERVICES OR ANY DATA YOU HAVE ENTERED INTO SUCH SERVICES UNLESS YOU PURCHASE THE APPROPRIATE FULL VERSION OF SUCH SERVICES.

6. REGISTRATION. Your registration information to use the Services must be accurate, current and complete as prompted in the sign-up process (the "Registration Data").  If you provide any Registration Data that is not accurate, current or complete, and do not promptly update your Registration Data, or Intuit has reasonable grounds to suspect it is not accurate, current or complete, Intuit may, in its sole discretion, suspend or terminate your account and refuse any current or future access and use of the Services or portion thereof.

7.  PRIVACY. For details about Intuit's privacy policies, please refer to the Privacy Statement contained in the Services you have selected, or provided to you as a link based on the Services you have selected, or the privacy policy provided on the Intuit website relating to the Services you have selected. You agree to be bound by the applicable Intuit privacy policy, as amended from time to time in accordance with its terms.

8.  FEEDBACK. Intuit may provide you with a mechanism to provide feedback, suggestions and ideas, if you choose, about its services ("Feedback"). You agree that Intuit may, in its sole discretion, use the Feedback you provide to Intuit in any way, including in future modifications of the Services, multimedia works and/or advertising, marketing and promotional materials relating thereto. You hereby grant Intuit a perpetual, worldwide, fully transferable, sublicensable (through multiple tiers), non-revocable, fully paid-up, royalty free license to use, modify, create derivative works from, distribute, display and otherwise exploit any information you provide to Intuit in the Feedback.

9.  COMMUNICATION, CONDUCT, CONTENT. The Services may include a feature that allows you to exchange helpful information with other users of the Services and the public. Internet access is required to use these communication facilities. Please respect and interact with other users as you would in any public arena when using such features. You are responsible for exercising your judgment in evaluating and acting on (or ignoring) other users' communication sessions. Intuit does not endorse and is not responsible for the accuracy of the content in these facilities, and will not be liable for any damages incurred as a result of the submission, viewing or use of any such content. Users may post hypertext links to content hosted and maintained by third parties. Intuit has no obligation to monitor these linked sites, and is not responsible for them. Your access to any linked sites is at your own risk. Do not reveal information that you do not want to make public. You also agree to comply with applicable Intuit discussion board policies made available to you for the Services you have selected. 

9.1  Your right to use the Services is personal to you (and your company and its employees, if permitted by Intuit). You are entirely responsible and liable for all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content") uploaded, posted or stored by you using the Services. You shall not use the Services for any illegal purpose in violation of any local, state, federal or international law. You must provide all required and appropriate warnings, information and disclosure, comply with all applicable laws and regulations, and take all other required and appropriate actions (collectively, "Information and Actions") in connection with your use of the Services. If the Services do not provide adequate features for you to provide such Information and Actions, then do not use the Services.  You agree that you will not use the Services to share, store, or in any way distribute financial data that is not in complete accordance with the law. Any users suspected of having financial information which involves fraud, embezzlement, money laundering, insider trading, support for terrorism, or any other activity proscribed by law may have their accounts terminated, their financial data erased, and they also may be reported to law enforcement officials in the appropriate jurisdictions.  Intuit does not own and is not responsible for the Content or data you submit on the website.  You are encouraged to archive your data regularly and frequently and you bear full responsibility for archiving your data and sole liability for any lost or irrecoverable data.

9.2  You agree to defend, indemnify and hold Intuit, its Suppliers as defined below, its corporate affiliates, officers, directors, employees, subsidiaries and agents, harmless from and against any and all third party claims, costs, damages, losses, liabilities and expenses (including reasonable attorneys fees) resulting from or arising out of a claim that your Content infringes or misappropriates the intellectual property rights, or otherwise violates any other right, of a third party or a claim resulting from or arising out of your breach or alleged breach of this Agreement.

9.3  You agree that you will not use the Services to upload, post, link to, publish, distribute, reproduce or transmit any of the following:

9.3.1  Any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, inappropriate or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute an attack or "flaming" other participants, or would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, federal or foreign law; or

9.3.2  Any Content or data to impersonate other individuals or falsely represent your identity or qualifications, or that constitutes a breach of any individual’s privacy, including posting images about children or any third party without their consent (or a parent's consent in the case of a minor); or

9.3.3  Any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication (except as otherwise expressly permitted by Intuit) or engage in spamming or flooding; or

9.3.4  Any information or software which contains a virus, trojan horse, worm or other disruptive or harmful component; or is obtained through the Services for commercial purposes (other than as expressly permitted by the provider of such information, software or other material); or

9.3.5  Any information, software or other material obtained through the Services which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or right holder.

9.4  You agree that Intuit has the right but not the obligation, to monitor the Services and Content from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Services properly, or to protect itself or its users. Intuit will not intentionally disclose any private email message unless required by law. Intuit reserves the right to edit, refuse to post, remove or refuse to remove any information or materials, in whole or in part, that, in its sole discretion, is alleged to be unacceptable, undesirable, inappropriate or in violation of this Agreement.

10.  INTUIT SERVICES.  You may be made aware of or offered services, features, products, applications, online communities, or promotions provided by Intuit ("Intuit Services"). If you decide to use Intuit Services, you may be subject to additional terms and conditions governing these Intuit Services and separate fees may apply. You acknowledge that in accessing certain Intuit Services through the Services you may upload or enter certain data from your account(s) such as names, addresses and phone numbers, purchases, and sales among others, to the Internet.  You hereby grant Intuit permission to use information about your business and usage experience to enable us to provide the Intuit Services to you, including updating and maintaining your data, addressing errors or service interruptions, and to enhance the types of data and services Intuit may provide to you in the future.  You also grant Intuit permission to combine your business data, if any, with that of others in a way that does not identify you or any individual personally to improve services and to compare business practices with other company standards.  We may use your data to create, market or promote new Intuit offerings to you and others.

11. DISCLAIMER OF WARRANTIES.
11.1  YOUR USE OF THE SERVICES, INCLUDING ANY SOFTWARE, AND CONTENT THEREIN, IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED "AS IS," AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INTUIT, ITS AFFILIATES, LICENSORS, THIRD-PARTY CONTENT AND SERVICE PROVIDERS, DISTRIBUTORS, RESELLERS AND SUPPLIERS (COLLECTIVELY "SUPPLIERS") DISCLAIM ALL WARRANTIES , WHETHER EXPRESS, IMPLIED, OR STATUTORY REGARDING THE SERVICES, CONTENT AND RELATED MATERIALS INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, AND SIMILAR LAWS OF ANY JURISDICTION.  INTUIT AND ITS SUPPLIERS DO NOT WARRANT THE ACCURACY, RELIABILITY, COMPLETENESS, USEFULNESS, QUALITY OR ANY CONTENT IN THE SERVICES, INCLUDING CONTENT POSTED ON OR LINKED FROM THE SERVICES. INTUIT AND ITS SUPPLIERS DO NOT WARRANT THAT THE SERVICES ARE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ASSUME ALL RISKS ASSOCIATED WITH USING OR RELYING ON SUCH CONTENT.  IF THE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU, ANY IMPLIED WARRANTIES OR CONDITIONS ARE LIMITED IN DURATION TO 60 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE SERVICES, WHICHEVER IS SOONER.

11.2  INTUIT AND ITS SUPPLIERS ARE NOT ENGAGED IN RENDERING LEGAL, FINANCIAL, ACCOUNTING OR OTHER PROFESSIONAL SERVICE. IF SUCH ASSISTANCE IS REQUIRED, THE SERVICE OF A COMPETENT PROFESSIONAL SHOULD BE SOUGHT. INTUIT AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SERVICES WILL SATISFY ANY STATUTORY OR REGULATORY OBLIGATIONS, OR WILL ASSIST WITH, GUARANTEE OR OTHERWISE ENSURE COMPLIANCE WITH ANY APPLICABLE LAWS OR REGULATIONS, INCLUDING BUT NOT LIMITED TO THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 ("HIPAA"), THE GRAMM-LEACH-BLILEY ACT OF 1999, THE SARBANES-OXLEY ACT OF 2002, OR OTHER FEDERAL OR STATE STATUTES OR REGULATIONS. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THE SERVICES IS IN ACCORDANCE WITH APPLICABLE LAW.

12.  LIMITATION OF LIABILITY AND DAMAGES. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE ENTIRE CUMULATIVE LIABILITY OF INTUIT, ITS AFFILIATES AND SUPPLIERS, AND YOUR EXCLUSIVE REMEDY FOR ALL MATTERS OR CLAIMS ARISING FROM OR RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID BY AND/OR DUE FROM THE REGISTERED USER FOR THE SERVICES TO INTUIT, ITS AFFILIATES OR ITS SUPPLIERS IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INTUIT, ITS AFFILIATES AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; AND (B) DAMAGES RELATING TO TELECOMMUNICATION FAILURES, INTERNET AND ELECTRONIC COMMUNICATIONS FAILURES, DELAYS OR LIMITATIONS, LOSS, CORRUPTION, SECURITY OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT, USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET INTUIT SYSTEMS REQUIREMENTS, TAX POSITIONS TAKEN BY YOU; ARISING OUT OF OR CONNECTED IN ANY WAY WITH THE SERVICES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF INTUIT, ITS AFFILIATES AND ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN INTUIT AND YOU. INTUIT WOULD NOT HAVE PROVIDED THIS SOFTWARE WITHOUT SUCH LIMITATIONS.

13. CONSENT TO CONDUCT BUSINESS ELECTRONICALLY ("CONSENT").
13.1  Consent to Electronic Communications. Intuit may be required by law to send "Communications" to you that pertain to the Services, the use of information you may submit to Intuit, and the services you choose. Certain third party services you choose may require Communications with the third parties who administer these programs ("Third Party Services"). You agree that Intuit, on behalf of itself, and others who administer such Third Party Services (as applicable), may send Communications to you by email and/or may make Communications available to you by posting them at one or more of our sponsored websites, such as smallbusiness.intuit.com. You consent to receive these Communications electronically. The term "Communications" means any notice, record, agreement, or other type of information that is made available to you or received from you in connection with the Services and Third Party Services.

13.2  Consenting to Do Business Electronically. The decision whether to do business electronically is yours. Your consent to do business electronically and our agreement to do so covers all transactions you conduct through the Services for as long as you remain a subscriber to or use the Services.  If you later decide that you do not want to receive future Communications electronically, write to us at Privacy Team, Intuit Inc, 2800 East Commerce Center Place Tucson, AZ 85706. If you withdraw your consent to receive Communications electronically, we may terminate your use of the Services.  We do not provide ISP services. You are responsible at your expense for access to the internet and this website and any necessary hardware and software and obtaining your own Internet service provider (which may be a wireless carrier). You agree to notify us promptly of any change in your email address or other Registration Data. You can do so by logging into your service and updating your customer profile.

14. AMENDMENT. Intuit may change this Agreement from time to time effective upon posting of the modified Agreement on its website. Please review the Agreement periodically on this website for changes. Intuit has the right to change or add to the terms of this Agreement, and to change, delete, discontinue, or impose conditions on any feature or aspect of the Services, including but not limited to, Internet based services, pricing, technical support options, and other product-related policies, upon reasonable notice, including but not limited to posting information concerning such change in the Services selected by you or on an Intuit sponsored website. Your continued use of the Services after Intuit's publication of any such changes shall constitute your acceptance of this Agreement as modified.

15. TERMINATION. Your rights under this Agreement may be terminated or suspended by Intuit immediately and without notice if you or any of your authorized users fail to comply with any terms of this Agreement or you no longer consent to receive electronic Communications in accordance with Section 13.  Upon termination you must immediately cease using the Services and all outstanding payments will become due and owing. Any termination of this Agreement shall not affect Intuit’s rights hereunder. Intuit may terminate a free account at any time in its sole discretion.  Other terms regarding termination or expiration of the Services may apply in accordance with the activation and ordering terms for the specific Services you have selected.  If you choose to cancel your account or any part of the Services, you must do so in accordance with the activation and ordering terms for the specific Services you have selected.

16. EXPORT RESTRICTIONS. You acknowledge that this website, the Services, and the software made a part of the Services are subject to U.S. export control regulations administered by the U.S. Dept. of Commerce (15 CFR, Chapter VII) and that you will comply with these regulations. You will not export or re-export the Services, directly or indirectly, in violation the U.S. export administration laws and regulations to any country or end user; or to any end user who you know or have reason to know will utilize them in the design, development or production of nuclear, chemical or biological weapons.  You further acknowledge that the Services may include technical data subject to such U.S. export regulations. 

17.  THIRD PARTY PRODUCTS. In connection with your use of the Services, you may be made aware of services, products, offers and promotions provided by third parties who are not affiliated with Intuit ("Third Party Products"). If you decide to use any Third Party Products, you do so at your own risk and are responsible for reviewing the terms governing such Third Party Products. You authorize Intuit to use and disclose your contact information, including name and address, for the purpose of making the Third Party Products you choose available to you. You agree that the third party, and not Intuit, is responsible for the performance of the Third Party Products.  The Services may contain or reference links to websites operated by third parties ("Third Party Websites").  Intuit is not responsible for the content of, nor any link contained in such Third Party Websites. The inclusion of any Third Party Website link in the Services is not and does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by Intuit of any data contained in, or services made available through any Third Party Website. You acknowledge that linked Third Party Websites may contain terms and privacy policies that are different from those of Intuit. Intuit expressly disclaims any liability for use of such Third Party Products and Third Party Websites.

18.  U.S. GOVERNMENT. The software that forms a part of the Services is a "commercial item," as that term is defined at 48 C.F.R. 2.101 (OCT 1995), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (SEPT 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (JUNE 1995), all U.S. Government end users who access or use the Services, acquire a license to use the software with only those rights set forth herein.

19.  MISCELLANEOUS.  This Agreement is the complete agreement between you and Intuit and sets forth the entire liability of Intuit, its corporate affiliates and its Suppliers and your exclusive remedy with respect to the Services and its use.  Any modification or waiver of the terms herein by Intuit must be in a writing signed by an authorized representative of Intuit and expressly referencing the applicable provisions of this Agreement. If any provision of this Agreement is invalid or unenforceable under applicable law, then it shall be interpreted to accomplish the objectives of such provision to the fullest extent possible under applicable law, and the remaining provisions will continue in full force and effect. This Agreement may not be assigned by you without the prior written approval of Intuit, but may be assigned without your consent by Intuit to (a) a parent or direct or indirect subsidiary, (b) in an acquisition of the assets including the Services, in whole or in part, (c) a successor by merger.  Any assignment in violation of this Section will be void.  This Agreement will be governed by California law, without regard to its conflicts of laws principles, and applicable federal law. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. The parties hereby consent to the exclusive jurisdiction and venue in the state courts in Santa Clara County, California or federal court for the Northern District of California.

May 2009
______________________

B.  ADDITIONAL TERMS AND CONDITIONS FOR THE SERVICES

Your use of the Services provided by Intuit are subject to the General Terms of Service above including these Additional Terms and Conditions which govern your use of the Services indicated below.  These Additional Terms and Conditions shall prevail over any conflict or inconsistency with the General Terms of Service above.

1.  INTUIT WEBSITE SERVICES and HOMESTEAD SERVICES (both hereinafter, "Homestead Services").

1.1  USE LIMITATIONS.  IMPORTANT NOTICE.  IF YOU ARE USING THE INTUIT WEBSITE SERVICES or HOMESTEAD SERVICES, THE FOLLOWING TERMS APPLY TO YOU IN ADDITION TO THE GENERAL TERMS OF SERVICE ABOVE.  Capitalized terms not otherwise defined below have the meanings provided in the General Terms of Service.

1.1.2  You agree not to sell, distribute, disseminate or link to any sites for marketing, sales, distribution of: firearms, explosives, ammunition, tobacco, alcohol products and any other products or services that (i) you cannot legally sell, (ii) are misrepresented, and/or (iii) if sold using the website building Services, could cause Intuit or its affiliates to violate any law, statute or regulation.  Additionally, Intuit may require you to place all or any portion of the Content behind password protection if Intuit determines that such Content is inappropriate for the community at large but does not otherwise violate the terms of this Agreement. If Intuit has requested you to place Content behind password protection or if you independently determine that the Content appropriately belongs behind password protection, you may not publish the password in such a way that negates the limited-access nature of the password protected site. If Intuit requests you to place any Content behind password protection and you fail to do so promptly, Intuit reserves the right to (a) place such Content behind password protection itself, or (b) terminate this Agreement.

1.1.3  You hereby acknowledge that Intuit may, from time to time, establish general practices and limits concerning the use of the Services, including without limitation, (a) the maximum number of days that email messages, guest book entries, discussion board postings or other content posted on your website will be retained by Intuit, (b) maximum limits on bandwidth usage that will be allotted to you, (c) maximum limits on storage space, (d) the maximum number of websites per member account, (e) maximum number of photographs or other data according to the type of member account, (f) maximum limits on the number of pages within each member website, and (g) maximum time limitations for the retention of Content following a Trial Period or account cancellation. Intuit further reserves the right to delete at any time without prior notice duplicate images uploaded for printing. Any of the foregoing limits will be consistent with the Services (including any upgrades) for which you have registered. You agree that Intuit has no responsibility or liability for the deletion or failure to store any content maintained or transmitted by the Services. You further acknowledge and agree that Intuit reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice. You also acknowledge that any references to unlimited websites ("Unlimited Sites") offered per paying account shall be defined as not exceeding 99 sub domain sites per paying account. Intuit reserves the right to charge you for any third party fees associated with the creation of additional sites, including but not limited to domain registration fees.

1.1.4  You warrant and represent that you own or otherwise control the rights to the Content and grant Intuit a worldwide, royalty-free, non-exclusive license to (i) host, use, reproduce, modify, distribute, transmit, combine with information provided by third parties, and publicly display the Content on and through the Service and in promotional or advertising materials (only for the limited purpose of promoting the Services), and (ii) sublicense to third parties such Content to the extent necessary for the creation and maintenance of, in part or in whole, such Services and materials.

1.2  STANDARD CLIP-ART AND PHOTOS. As part of the Services, Intuit provides its you with standard clip-art and photos to incorporate into your websites using the Services. In using the clip-art and photos, you are governed by terms of use with a Third Party Image Vendor ("TPIV"), the supplier of the clip-art and photos, which is incorporated into this Agreement and can be found at: http://imagelicense.homestead.com.

1.3  INTERNET DOMAIN NAMES. Independent Third Party Domain Name Vendors ("TPDNVs") who are ICANN accredited registrars, provide domain name registration services. You hereby authorize Intuit if requested, to transfer in or acquire your selected domain name from TPDNVs. In order to receive a domain name, you must agree and remain agreeable through the use of the domain name, to the TPDNVs' terms of service which the TPDNVs may change at any time in their sole discretion. You understand that you are creating a separate contractual relationship between you and the TPDNVs, and that you, and not Intuit or its affiliates, are responsible for all liability, and obligations in connection with that relationship. For more information, please see the Domain Name Services Agreement (a service offered in conjunction with Tucows, Inc.)

1.3.1  If, after registering one or more domain names that are included with any Intuit Service package, because of a your incorrect registration of a domain name or otherwise, you choose to delete a previously registered domain name and subsequently register one or more additional different domain names, you will be charged the resulting domain name registration fees.

1.3.2  You will be listed as the registrant and administrative contact in connection with your domain name; however, Intuit or its affiliates, may temporarily list itself as the registrant and administrative contact in the event that it changes to a different TPDNV until the TPDNV’s change is completed. You hereby authorize Intuit or its affiliates, to list itself as the billing contact, technical contact and name servers in connection with your domain name and to take any actions Intuit deems appropriate in those capacities. However, upon termination of the Service, Intuit and its affiliates, will immediately cease acting in those capacities including switching registrars. After such time, neither Intuit nor its affiliates will be responsible to forward any notices, emails or other correspondence to you or to take any other actions in connection with your domain name. Additionally, in the event that your account is suspended by Intuit for lack of payment or any other reason, Intuit shall not renew any domain names that may become due for renewal during the suspension of the account. You will be solely responsible for all ongoing fees, as well as removing Intuit or its affiliates as the billing, technical contact and name servers in connection with your domain name.

1.4  EMAIL. Some accounts may have email services provided by an independent Third Party Email Services Vendor ("TPESV"). We are not responsible for the actions or inaction of the then current TPESV or the unavailability or malfunction of their network or services. Intuit is not a party to, and shall not be involved in or responsible for, transactions, agreements, and/or disputes between you and the TPESV ("TPESV Dispute"). In the event of a TPESV Dispute, you hereby release Intuit and its Suppliers from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any connected with such disputes. By using email services, you agree to the terms and conditions contained in the "Acceptable Use Policy" and "Mass Mailing Policy" incorporated herein.

1.5  STOREFRONT. A third party store vendor ("TPSV") provides e-commerce services. Neither Intuit nor its affiliates are responsible for the actions or inaction of the then current TPSV or the unavailability or malfunction of their network or services. Neither Intuit nor its affiliates are a party to, and shall not be involved in or be responsible for, transactions, agreements, and/or disputes between you and the TPSV ("the TPSV Dispute"). In the event of a the TPSV Dispute, you hereby release Intuit and its Suppliers from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any connected with such disputes. By using these Services, you agree to the following additional terms and conditions:

a. Hosting Services. Intuit grants you the right to develop and operate an online storefront ("Store") on the server, subject to and in accordance with the terms of this Agreement and such hosting policies, procedures and specifications as Intuit may, by written notice to you, establish from time to time (the "Hosting Policies and Procedures"). The Hosting Policies and Procedures, if any, are incorporated in this Agreement in their entirety.

b. Prohibited Uses. In addition to all restrictions set forth above, you shall not use, nor permit any third party to use, the Store(s) or the website or any part thereof: (i) to violate any federal, state or local law, (ii) to transmit any obscene communication, (iii) to promote any illegal activities, (iv) to violate any intellectual property rights (v) to attempt to overcome or penetrate any security measures on the server, or (vi) to upload or transmit any virus or harmful agent. You acknowledge that you may be subject to civil or criminal liability under the laws of various governmental jurisdictions as a result of any failure to abide by the provisions of this paragraph.

c. Control. You will be solely responsible for the development, operation and maintenance of the Store(s) and all content and materials appearing in the Store(s), including without limitation (i) the technical operation of the Store(s), (ii) the accuracy and appropriateness of content and materials appearing in the Store(s), (iii) ensuring that the content and materials appearing in the Store(s) do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy or other personal or proprietary rights), and (iv) ensuring that the content and materials appearing in the Store(s) are not libelous or otherwise illegal. You also will be solely responsible for accepting, processing and filling any customer orders generated through the Store(s), and for handling any customer inquiries and complaints arising there from. You shall inspect and monitor the Store(s) as frequently and extensively as necessary to ensure its proper operation and compliance with the provisions of this Agreement, and to uncover any problems with the Store(s). To the fullest extent permitted by law, the Store(s) will be deemed to be exclusively "under the control" of you and not "under the control" of Intuit or its affiliates and Suppliers.

1.6    CANCELLATION.  You may cancel your account or any part of the Services at any time. Intuit will not refund any pre-paid fees upon such termination or cancellation. To cancel your subscription, you must call 1-800-710-1998 from the U.S. or Canada, or (International Access Code) 650-690-9026 from all other countries (note: International calls are not toll-free). Intuit reserves the right to collect fees, surcharges or costs incurred before you cancel your account in addition to the applicable cancellation fee(s).

You must provide us with the following information in order for us to process the cancellation:
a. The exact name of the Services that you would like to cancel
b. Your username and password
c. Your email address
d. Your billing information, including the credit card number that was used when purchasing the Services
e. Reason for canceling the Services

Upon termination of your account for any reason, Intuit reserves the right to (a) collect all charges, fees, commitments and obligations incurred or accrued by you; (b) delete any of your Content, listings, messages or other information in connection with your Account; (c) prohibit your access to your Account, including without limitation by deactivating your password; and (d) refuse your future access to the Service. In no event shall Intuit be required to refund, redeem, or pay amounts to you upon termination of Service or return any of your Content.

1.7    VIOLATIONS.  Please report any violations of this Agreement to our Violation Report form.

1.8    COPYRIGHT AND TRADEMARK NOTICES.  All materials of the Service and the Software (as well as the organization and layout of the Service are owned and copyrighted or licensed by Homestead, its affiliates or its suppliers. All rights reserved. No reproduction, distribution, or transmission of the copyrighted materials of the Service, which includes the Homestead (and any successor Web sites or additional Web sites or any co-branded Web sites), and/or the Software, is permitted without the written permission of Homestead. Any rights not expressly granted herein are reserved. Homestead, Homestead.com, the Homestead logo, SiteBuilder Lite, SiteBuilder, Homestead SiteBuilder, SmartSizing, SmartSharing, SmartLinking and other Homestead logos and product and service names are trademarks of Homestead Technologies Inc. and/or Intuit Inc. (the "Homestead Marks"). Member agrees not to display or use the Homestead Marks in any manner whatsoever without Homestead's prior permission. From time to time Homestead may offer a limited license to Members to display Homestead award logos or other symbols of merit on Member Web Sites after Homestead in its sole discretion confers such distinctions to the applicable Members. However, Homestead reserves the right to withdraw such logos or symbols and delete them in its sole discretion for any reason.

1.8.1   NOTIFICATION OF CLAIMS OF COPYRIGHT INFRINGEMENT.  Any notifications of claimed copyright infringement should be sent to Homestead's Registered Agent. Please see Homestead's Copyright Policy at Homestead's Copyright Policy for more information.

May 2009