This is a legal and binding agreement between you, the Customer, and Farengeit Inc. By using, installing or accessing the Farengeit Inc. website, the Services and certain Products that are offered, as our Customer you agree to all of the terms and conditions of this agreement. If you do not agree to these terms, the Acceptable Use Policy or any other Terms and Conditions posted on the Farengeit Inc. or formarketer.com web site, all services will be discontinued, activation of the account will cease and your account terminated.

LICENSE GRANT

Subject to the provisions contained herein and payment of applicable fees, Farengeit Inc. hereby grants to you a non-exclusive, nontransferable, license to use its accompanying proprietary software application products offered on the Farengeit Inc. or formarketer.com web site ("Software") for your own use. Such Software is protected by the Farengeit Inc. laws of the United States and international Farengeit Inc. treaties.

RESTRICTED USE

All rights not expressly granted herein are retained by Farengeit Inc. and its licensors. Except as stated above, this Agreement does not grant the Customer any intellectual property rights in the Software. Customer shall not rent, lease, transfer or sublicense the Software. Customer shall not under any circumstances nor shall Customer permit a third party to (i) decompile, disassemble, reverse engineer or otherwise attempt to reconstruct or discover the source code of the Software or (ii) prepare derivative of the Software or (iii) remove any product identification, Farengeit Inc., trademark or other notice from the Software. Any such copy made by you shall be subject to this Agreement and shall contain all of Farengeit Inc.'s notices regarding E-Biz Hosting Solution's, trademarks and other proprietary rights as contained in the Software originally provided to you.

TITLE

The Software's organization, structure, sequence, logic, and source code are valuable to the Company. Any and all title, ownership rights, and intellectual property rights in and to the Software and Documentation shall remain at any and all times in Farengeit Inc. and/or its suppliers. Title, ownership rights, and intellectual property rights in and to the content accessed through the Software is the property of the applicable content owner and may be protected by applicable Farengeit Inc. or other law. This License does not give Customer any rights to such content.

THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE OR BY JURISDICTION.

LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL Farengeit Inc. OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, OR FOR ANY DAMAGES IN EXCESS OF E-Biz Hosting Solution's LIST PRICE FOR A LICENSE TO THE SOFTWARE AND DOCUMENTATION, EVEN IF Farengeit Inc. SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

EXPORT CONTROLS

You may not download, use or otherwise export the Software or any underlying information or technology except in full compliance with all United States and other applicable laws and regulations. In particular, but without limitation, none of the Software or underlying information or technology may be downloaded, used or otherwise exported or reexported (i) into (or to a national or resident of) Cuba, Haiti, Iraq, Libya, Yugoslavia, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list.

TERMINATION

This Agreement is effective until terminated. Farengeit Inc. may terminate this Agreement immediately if Customer attempts to reverse engineer the Software or otherwise violate any of the restrictive uses as described herein. Otherwise, this Agreement may be terminated by either party for a breach of any of its material terms, provided the non-breaching party provides to the breaching party 30 days written notice describing such breach and offering the breaching party an opportunity to cure. Failure to cure a material breach within the notice period shall result in automatic termination of this Agreement. Should this Agreement be terminated for your material breach, Customer agrees to remove all copies of the Software or any part of the Software from any and all computer storage devices, and destroy the Software and all Documentation. At Farengeit Inc.'s request, Customer or any of Customer's authorized signatory on the account, shall certify in writing to Farengeit Inc. that all complete and partial copies of the Software and the Documentation have been destroyed and that none remain in Customer's possession or under its control. The provisions of this Agreement except for the Section 1, "License Grant," shall survive.

USER RESPONSIBILITIES

You are solely responsible for all Service activities while using our systems. Possession and usage of all information obtained from Farengeit Inc. (including but not limited to Internet website - formarketer.com) is at your own risk. You are not allowed to let others access and use the Service, nor make your password visible to others. You may not attempt to find out the password of another user of the Service.

USAGE OF THE SERVICE

The Service may be used for lawful purposes only. Transmission or storage of pornography and sex-related content and merchandising and/or any material in violation of any international, federal or any state law or regulation is expressly prohibited. You agree not to send unsolicited bulk e-mail messages using the Service or mentioning e-mail address or URL that is maintained on Farengeit Inc. server. Such action will result in immediate termination of your account without refund. We will charge $300 clean up fee to you. You will also be in violation to this Service Agreement and subject to legal action. You agree not to use the Service with conjunction with FFA (Free-For-All links page) or any other similar concept.

Please note that Follow Up Marketer services are intended for opt-in lists only. All contact lists that are imported into marketing campaigns should go through verification procedure. All imported contacts will automatically receive a small message in which they will be required to confirm their willingness to receive messages from your campaign. Please click here to view a sample of such message. All contacts that wouldn't confirm their willingness to receive messages won't be added to your campaign.

You agree not to provide false or misleading information on the Service sign up form. This includes, but is not limited to providing false name or e-mail address.

You agree to receive e-mail messages from Farengeit Inc. / formarketer.com. These include, but are not limited to Follow Up Marketer Newsletter, service updates, new product information and advertising messages from our sponsors. You may remove yourself from receiving these messages at any time. Your privacy is protected and your e-mail will not be shared with any third party.

You authorize Farengeit Inc. to charge the credit card listed on the subscription form.

Accounts are terminated (with all information, e-mail addresses and other files) if payment is not received within 20 days after date of invoice.

Farengeit Inc. shall have the right to suspend service to the subscriber at any time, and for any reason, without notice. If such a suspension is to last for more than 15 days, the subscriber will be notified as to the reason.

Commercial service provided by Farengeit Inc. may be terminated with e-mail message at any time with no penalty. Transaction Number and FollowUpMarketer account name must be included in the termination request. Termination will take effect only when the receipt of the termination request is confirmed by Farengeit Inc..

Should you violate terms of this Service Agreement, Farengeit Inc. reserves the right to immediately terminate your access and use of the Service without prior notice.

Farengeit Inc. reserves the right to change the service rates and charges by notifying you 15 days in advance of the effective date of the change.

These terms and conditions supersede all previous representations, understandings or agreements and shall prevail notwithstanding any variance with terms and conditions of any order submitted.

MISCELLANEOUS.

This Agreement represents the complete and exclusive statement of the agreements concerning this license between the parties and supersedes all prior agreements and representations between them. It may be amended only by a writing executed by both parties.

THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY YOU IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH HEREIN, AND Farengeit Inc. AGREES TO FURNISH THE SOFTWARE AND DOCUMENTATION ONLY UPON THESE TERMS AND NOT THOSE CONTAINED IN YOUR PURCHASE ORDER.

If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make. It enforceable, and such decision shall not affect the enforceability: (i) of such provision under other circumstances or (ii) of the remaining provisions hereof under all circumstances. Headings shall not be considered in interpreting this Agreement. This Agreement shall be governed by and construed under the law of Florida as such law applies to agreements between Florida residents entered into and to be performed entirely within Florida, except as governed by Federal Law. This Agreement will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.

U.S. GOVERNMENT RESTRICTED RIGHTS.

Use, duplication or disclosure by the Government is subject to restrictions set forth in subparagraphs (a) through (d) of the Commercial Computer-Restricted Rights clause at FAR 52.227-19 when applicable, or in subparagraph (c)(l)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, and in similar clauses in the NASA FAR Supplement. Contractor / manufacturer is Farengeit Inc. 7836 Margate str. Encino, CA 91316 USA