Welcome to the FreeRange™ web site (www.freerangeinc.com)!

FreeRange Communications, Inc. (“FRC”) provides the FreeRange™ web site and the FreeRange™ FreeNews™ service (the “FreeRange™ Service”) to you subject to your compliance with the notices, terms and conditions set forth or incorporated into this Terms of Service Agreement (this “Agreement”). Please read this Agreement carefully. By accessing or using the FreeRange™ web site or the FreeRange™ Service, you accept and agree to be bound by the terms and conditions of this Agreement, as amended. This Agreement may be amended by FRC from time to time by posting an amended Agreement at this location or at another location on the FreeRange™ web site. Your continued use of the FreeRange™ web site or the FreeRange™ Service after the posting of such amendments shall indicate your acceptance and agreement to be bound by any revised or amended terms and conditions.

GENERAL USE AND STORAGE POLICES
The FreeRange™ Service is a mobile information aggregator and over-the-air delivery service that makes available information, data, text, graphics and other content materials from the Internet for your personal, non-commercial use only.

You acknowledge and agree that FRC may establish general practices and limits concerning use of the FreeRange™ Service, including, without limitation, (a) the maximum number of days that feeds or content contained therein or other uploaded content will be retained by the FreeRange™ Service, (b) the maximum number of text messages or emails that may be sent from or received by a FreeRange™ account, (c) the maximum size of any message that may be sent from or received by a FreeRange™ account, (d) the maximum number of feeds or news sources that may be received by a FreeRange™ account, (e) the maximum disk space that will be allotted on servers for use by a FreeRange™ account, and (f) the maximum number of times (and the maximum duration for which) you may access the FreeRange™ Service in a given period of time. You agree that FRC shall not be responsible or have any liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by the FreeRange™ Service to the user’s account. You acknowledge that FreeRange shall have the right to delete any FreeRange™ Service accounts that remain inactive for an extended period of time to be determined by FRC.

REGISTRATION AND PASSWORD
You will provide FRC with complete, accurate and current registration information and will promptly update all such information as necessary to ensure that it remains complete, accurate and current. FRC reserves the right to suspend or terminate your account if it determines (or has a reasonable basis to believe) that your registration information is, at the time of registration or thereafter, incomplete, inaccurate or no longer current. You will receive a user name and password and accept responsibility for any use of the FreeRange™ Service under your user name and password. Please safeguard your user name and password. You will promptly let FRC know if there is any unauthorized use of your user name and password. You acknowledge and agree that FRC may assume that any activity or use conducted under your user name and password is being conducted by you.

FEES
Registering for the FreeRange™ Service is currently free (“FreeNews Beta”), but FRC reserves the right to charge for the FreeRange™ Service or any portion thereof.

PRIVACY POLICY
FreeRange respects the privacy of others. This agreement incorporates the terms of the FRC Privacy Policy, which may be found at http://www.freerangeinc.com/privacy_policy.

COPYRIGHT POLICY
FreeRange respects the intellectual property rights of others and expects FreeRange™ Service users to do the same. This Agreement incorporates the terms of the FRC Copyright Policy, which may be found at http://www.freerangeinc.com/copyright_policy.

USER CONDUCT
As a condition to your use of the FreeRange™ web site and the FreeRange™ Service, you agree not to:

reverse engineer, decompile or disassemble any of the software used to provide the FreeRange™ web site or the FreeRange™ Service; or
interfere with or disrupt the FreeRange™ web site or the FreeRange™ Service, or any servers or networks connected to the FreeRange™ Service, or disobey any requirements, procedures, policies or regulations of networks connected to the FreeRange™Service.

LINKS
The FreeRange™ Service may on occasion provide links to third-party web sites. You acknowledge and agree that FRC is not responsible or liable for the reliability, availability or accuracy of such web sites or the content, products or services on or available from such web sites. The inclusion of any link on the FreeRange™ web site or from the FreeRange™ Service does not imply that FRC endorses, recommends or is affiliated with the linked organization or company, or the content, product or services on or available from such linked web site. You acknowledge sole responsibility for and assume all risk arising from your use of any such web sites.

PROPRIETARY RIGHTS
FRC and its licensors and content providers own all rights, title, and interest in and to the FreeRange™ web site and the FreeRange™ Service. The FreeRange™ web site and the FreeRange™ Service are or may be protected by copyright, trademark, patent, trade secret, and other similar intelletual property laws of both the United States and foreign countries. Except as expressly permitted in this Agreement, you may not reproduce, modify or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the FreeRange™ web site or the FreeRange™ Service, or any portion thereof, except as intended by FRC. You may not use the FreeRange™ web site or the FreeRange™ Service on or in connection with any other web site, for any purpose.

TERMINATION
You may terminate or cancel your FreeRange™ account at any time. If you violate any term or condition of this Agreement, FRC may terminate your license to use the FreeRange™ web site and the FreeRange™ Service immediately and without notice. FRC reserves the rights to discontinue providing the FreeRange™ web site, and to change, alter or amend the FreeRange™ web site or the FreeRange™ Service at any time and without notice.

TRADEMARKS
FreeRange™, FreeNews™, the FreeRange™ logo and the FreeNews™ logo, and all other trademarks, service marks, product names, and trade names of FRC appearing on the FreeRange™ web site are owned by FRC, unless otherwise designated. All other trademarks, service marks, product names, and logos appearing on the FreeRange™ web site or through the FreeRange™ Service are the property of their respective owners. You may not use or display any trademark, service mark, product name, trade name or logo appearing on the FreeRange™ or web site without the owner’s prior written consent.

DISCLAIMER OF WARRANTIES
THE FREERANGE™ WEB SITE AND THE FREERANGE™ SERVICE ARE PROVIDED TO YOU “AS IS”, “WHERE IS”. FRC MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE FREERANGE™ WEB SITE OR THE FREERANGE™ SERVICE, OR AS TO THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION, CONTENT, MATERIALS, DOWNLOAD OR OTHER SIMILAR MATERIALS OTHERWISE OBTAINED THROUGH THE FREERANGE™ WEB SITE OR THE FREERANGE™ SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FREERANGE DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PUROSE AND NON-INFRINGEMENT. FRC MAKES NO WARRANTY THAT THE FREERANGE™ WEB SITE OR THE FREERANGE™ SERVICE WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, SECURE OR ERROR-FREE BASIS. YOU AGREE THAT YOUR USE OF THE FREERANGE™ WEB SITE AND THE FREERANGE™ SERVICE IS AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, WIRELESS HANDSET OR ANY OTHER HARDWARE OR SOFTWARE, OR FOR ANY LOSS OF DATA THAT RESULTS FROM ANY INFORMATION, CONTENT OR MATERIAL, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE FREERANGE™ WEB SITE OR THE FREERANGE™ SERVICE.

LIMITATION OF LIABILITY
NEITHER FRC NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE FREERANGE™ WEB SITE OR THE FREERANGE™ SERVICE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, INFORMATION OR DATA OR BUSINESS INTERRUPTION, ARISING FROM YOUR USE OR INABILITY TO USE THE FREERANGE™ WEB SITE OR THE FREERANGEV SERVICE, WHETHER OR NOT FRC HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. YOU AGREE THAT FRC’S AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS OR DAMAGES ARISING FROM THE USE OF THE FREERANGE™ WEB SITE OR THE FREERANGE™ SERVICE IS LIMITED TO U.S. $100.00, OR THE AGGREGATE AMOUNT THAT YOU MAY HAVE PAID FRC DURING THE IMMEDIATELY PRECEDING 12-MONTH PERIOD, WHICHEVER IS GREATER. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

RELEASE
You, on behalf of yourself (and any of your officers, directors, employees, agents, predecessors, successors and assigns), hereby irrevocably release and discharge FRC, its officers, directors, employees, attorneys, predecessors, successors, assigns and agents from, against and in respect of all past, present and future claims, rights, actions, causes of action, suits, indemnification obligations, losses, liabilities, matters, issues, cost, and expenses, of any kind or nature whatsoever, including without limitation court costs and attorneys’ fees, whether known or unknown, concealed or hidden, fixed or contingent, suspected or unsuspected, in law or in equity concerning, related to, or arising out of any such disputes.

INDEMNITY
You agree to indemnify and hold harmless FRC, its officers, directors, employees and agents from and against claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the FreeRange™ web site or the FreeRange™ Service or your violation of these TOS.

NOTICE
FRC may provide you with notices, including those regarding changes to the FreeRange™ web site or the FreeRange™ Service by e-mail, regular mail, through the FreeRange™ Service, or by postings on the FreeRange™ web site. You hereby acknowledge and agree to receive such notices from FRC.

GENERAL
This Agreement and the documents referenced in this Agreement contain the entire and exclusive agreement between FRC and you regarding the FreeRange™ web site and the FreeRange™ Service, and this Agreement supersedes and replaces any prior agreements between FRC and you regarding the FreeRange™ web site and the FreeRange™ Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other FreeRange™ services, affiliate services, third-party content or third-party software.

This Agreement will be governed by and construed in accordance with the laws of the State of Oregon, without regard to or application of choice of law rules or principles. You and FRC agree that the exclusive jurisdiction and venue of any action or proceeding with respect to the subject matter of this Agreement will be the state and federal courts located in the county of Multnomah, Oregon, and you and FreeRange waive any objection to jurisdiction and venue in such courts. The failure of FRC to exercise or enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions of this Agreement will remain in full force and effect.

The terms and conditions of this Agreement that by their sense and context are meant to survive expiration or termination of this Agreement, or termination or expiration of your FreeRange™ account shall so survive.