The Agreement:

Description of Web-Beacon Express Review Services

Web-Beacon Express is a fee-based service provided by Web-Beacon.com (hereafter referred to as Web-Beacon) to expedite review consideration of your website for inclusion in Web-Beacon's Directory of websites located at www.Web-Beacon.com . Inclusion in the Web-Beacon Directory is not guaranteed.

Every site is subject to the terms outlined by Web-Beacon, and at its sole discretion. If your website is accepted for inclusion as part of, or not part of, Web-Beacon Express, continued inclusion in the Directory will be subject to additional qualification reviews at random intervals. By signing up with Web-Beacon Express, Web-Beacon will consider and respond to your request for inclusion in the Directory on an expedited basis. In consideration of your payment and participation in Web-Beacon Express in accordance with this Agreement, Web-Beacon agrees that a member of its editorial staff will review your site, consider it for inclusion, and respond to you within two (2) business days from the date that you submit your site for consideration (excluding North American, United Kingdom, and Australian national or religious holiday periods observed by Web-Beacon and any delays due to problems processing your request). Response times are measured based on Web-Beacon's servers.

For Web-Beacon to consider your site for inclusion in the Directory, you must submit a valid credit card number as part of the submission form. You agree that your credit card will be charged the then current, applicable NON-REFUNDABLE fee for initial consideration of your website in the Web-Beacon Express Review Service. The fee for Web-Beacon Express, for initial consideration in the Directory is a NON-REFUNDABLE fee applicable for each website submitted. You acknowledge that the payment of this fee is for review of your site and DOES NOT IN ANY WAY GUARANTEE THAT YOUR SITE WILL BE INCLUDED in the Web-Beacon Directory. Your payment only guarantees that Web-Beacon will review and respond to your request within two business days, by either accepting or not accepting your site. You expressly agree to pay to Web-Beacon such fees whether or not your site is accepted or denied inclusion in the Web-Beacon Directory. If Web-Beacon is unable to charge your card successfully or if the charge is refused, your site will be removed.

NOTE THAT THERE IS NOTHING IN THIS AGREEMENT WHICH OBLIGATES Web-Beacon TO LIST, LINK TO, ACCEPT, PROMOTE OR OTHERWISE HOST YOUR SITE ANYWHERE ON Web-Beaconcom.com. IN ADDITION, IF YOUR SITE IS ACCEPTED, NOTHING IN THIS AGREEMENT OBLIGATES Web-Beacon TO PLACE YOUR SITE WITHIN A SPECIFIC CATEGORY OR SUBCATEGORY OF THE DIRECTORY, OR PROVIDE ANY COMMENTS OR ANNOTATIONS WITH THE LISTING OF YOUR SITE.

If your site offers services on a subscription basis, you must provide Web-Beacon.com a trial password or subscription as part of the submission form. The password/subscription will be valid for a period of not less than 45 days and will be used by Web-Beacon solely as part of its evaluation of whether your site meets and maintains the minimum site criteria used by Web-Beacon. If you submit a site that already exists in the Directory, your credit card wil be charged the then current, applicable initial consideration fee. Do not submit change requests through the Web-Beacon Express program. If you need to make a change to your listing, including changing the URL, title, or description of the existing site, you must use the appropriate means as described on the Web-Beacon website. If you do submit change requests through Web-Beacon Express, you will be charged the then currant applicable initial consideration fee, and the changes you submit may, or may not be made.

ACKNOWLEDGMENT AND ACCEPTANCE OF THE EXPRESS SERVICE AGREEMENT

The Web-Beacon Express Service, owned and operated by Web-Beacon.com, is provided to you ("you" or "Applicant") under the terms and conditions of this Web-Beacon Express Service Agreement. Web-Beacon reserves and maintains the right, in its sole discretion, in the future, to change, modify, add or remove all or part of the Web-Beacon Express Service Agreement at any time. BY COMPLETING THE Web-Beacon.com EXPRESS SERVICE SUBMISSION FORM AND CLICKING THE "SUBMIT" BUTTON, YOU REPRESENT AND VERIFY THAT YOU ARE 18 YEARS OF AGE OR OLDER. YOU AGREE TO PROVIDE TRUE, ACCURATE, CURRENT AND COMPLETE INFORMATION (INCLUDING AN ACCURATE EMAIL ADDRESS) AS PROMPTED BY THE CURRENT SUBMISSION FORM, AND YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.

MINIMUM SITE CRITERIA

Websites added to the Web-Beacon Directory should be quality sites that add original content and value to the Directory. For an overview of what sites are, and are not accepted please review our Guidelines for Site Submissions.

These guidelines are minimum requirements only. Web-Beacon, in its sole discretion, may consider or use other criteria before accepting or rejecting a submitted site.

Web-Beacon reserves the right to decide whether, where, and how a site is listed in the Directory. If Web-Beacon accepts a site for inclusion in the Directory, Web-Beacon will consider your requested preferences, but reserves the right to list your site in any category or subcategory that Web-Beacon considers appropriate, at its sole discretion.

Once Web-Beacon accepts a site for inclusion in the Directory, that site shall be treated as any other listing in the Directory. Web-Beacon reserves the right not to include any specific keywords, comments, or descriptions with the listing of a site in the Directory.

Web-Beacon also reserves the right with sole discretion, to move the listing to a different category or subcategory, remove your site from the Directory, and/or change or remove any keywords, comments, or descriptive annotations at any time, for any reason, including but not limited to, a change in the nature, business, goods, or services or content available on the site.

Any and all press releases and other public announcements (including forum announcements or postings) related to your inclusion or possible inclusion in the Directory, including the method and timing of such announcements, must be approved in advance by Web-Beacon in writing.

Web-Beacon reserves the right to withhold approval of any public announcement in its sole discretion. Web-Beacon will contact the submitter by e-mail describing whether the site has been accepted or rejected.

If the site is rejected, the Applicant is entitled to request one reconsideration, or appeal, of the site at no additional charge by sending an email to the address provided by Web-Beacon. Web-Beacon must receive the Applicant's e-mail within 20 days from the date that Web-Beacon transmits the rejection e-mail to the Applicant. If the request is received within that time frame, Web-Beacon will again review the Applicant's site in a reasonable time frame, and will then provide notification of its final decision regarding including the site in the Directory.

If Web-Beacon reaffirms its denial of the site, no further appeals or submissions will be considered. However, if a change of the site's content is made after an appeal decision has been provided, the Applicant may resubmit the site with the then current or applicable fees being charged to the Applicant.

If Web-Beacon accepts a suggested site, Applicant is entitled to request one reconsideration of the placement of the site, comment fields, title, etc, at no additional charge by sending an email to the address provided by Web-Beacon. Web-Beacon must receive the Applicant's email within twenty days from the date that Web-Beacon transmits the acceptance email to the Applicant. If the request is received, Web-Beacon will again review the Applicant's site in a reasonable time frame and will then notify Applicant of its final decision regarding the site. Once a site is included in the Directory, if Applicant makes any substantial changes to the site, Applicant must comply with Web-Beacon's standard change process to make any changes to the listing.

PRIVACY POLICY

Web-Beacon requires and maintains information about Applicants on Web-Beacon servers including, but not limited to, the Applicant's submission information. The Applicant agrees that Web-Beacon may use such information for marketing or other promotional purposes. Applicant agrees that Web-Beacon may disclose such information in the good faith belief that such action is reasonably necessary:

• to comply with the law or legal process;
• to enforce this Agreement;

or to protect the rights or interests of Web-Beacon or others; provided, however, that nothing in this section shall impose a duty on Web-Beacon to make any such disclosures. Web-Beacon may contact the Applicant regarding Web-Beacon Express Review using the Applicant's provided e-mail address during the site submission process or as needed as deemed reasonable by Web-Beacon. Such e-mail messages may contain opportunities for special offers and new services from Web-Beacon, its affiliates and/or its advertisers.

INDEMNIFICATION

The Applicant hereby agrees to indemnify, defend and hold harmless Web-Beacon, and its parents, subsidiaries, affiliates, officers, directors, members, editors, employees and agents, from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of Applicant's use of or listing in the Service, the acceptance or rejection of Applicant's suggested site, any alleged violation of this Agreement, or any alleged violation of any rights of others. Web-Beacon reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by Applicant, which shall not, and will not, excuse Applicant's indemnity obligations.

DISCLAIMER OF WARRANTY AND LIABILITY

THE SERVICE Web-Beacon.com IS PROVIDING IS ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THIS INCLUDES BUT IS NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NEITHER THIS AGREEMENT, NOR ANY DOCUMENTATION FURNISHED UNDER IT IS INTENDED TO EXPRESS OR IMPLY ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU. Web-Beacon.com , AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, MEMBERS, EDITORS, EMPLOYEES AND AGENTS, SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES OR LEGAL OR EQUITABLE THEORIES WHATSOEVER, FOR ANY LOSS OF BUSINESS, PROFITS OR GOODWILL, LOSS OF USE OR DATA, INTERRUPTION OF BUSINESS, OR FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, EVEN IF Web-Beacon.com IS AWARE OF THE RISK OF SUCH DAMAGES THAT COULD RESULT IN ANY WAY FROM APPLICANT'S USE OF OR UN-USE OF THIS SERVICE, Web-Beacon.com's ACCEPTANCE OR REJECTION OF A SUBMITTED SITE, OR Web-Beacon.com 'S CONTINUED LISTING OF A SITE IN THE DIRECTORY. Web-Beacon.com S LIABILITY TO APPLICANT SHALL NOT, FOR ANY REASON, EXCEED THE AMOUNT ACTUALLY PAID BY APPLICANT TO Web-Beacon.com UNDER THIS AGREEMENT.

Web-Beacon is not, and will not be, liable for any delay or failure in performance under the Agreement resulting directly or indirectly from acts of God, terrorism, or other causes beyond its reasonable control.

NOTICES

Any communications under this Agreement shall be by electronic mail and shall be deemed delivered upon receipt to the party to whom such communication is directed, at the addresses specified below. If to Web-Beacon, such notices shall be addressed to . If to Applicant, such notices shall be addressed to the electronic address specified in Applicant's Service submission form. It is the Applicant's responsibility to provide an accurate address and to ensure that Web-Beacon is notified of any changes to Applicant's address.

AGREEMENT

This Agreement constitutes that the entire agreement between the parties with respect to the Web-Beacon.com Express Review Service and supersedes all prior or contemporary proposals, both oral and written, representations, writings and all other communications between the parties with respect to such subject matter, excluding the Web-Beacon Terms of Service and the Web-Beacon Privacy Policy.

IN GENERAL

The Agreement and the relationship between Applicant and Web-Beacon.com are governed by the laws of the States of Richmond, Indiana without regard to that state's conflict of laws rules. The Applicant and Web-Beacon.com hereby submit to the personal and exclusive jurisdiction of the Federal Court of the United States of America for the resolution of disputes arising from or in connection with this Agreement. Web-Beacon.com's failure to exercise or to enforce any right or provision of the Agreement will not constitute a waiver of rights or provisions. If any provisions of the Agreement are determined by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision and in the Agreement, without presumptions against the drafter, and they agree that all other provisions of the Agreement will remain in full force and effect.