The DatabaseSite.com Web Site is owned and operated by CDB LLC. CDB is made up of Web pages operated by CDB its affiliates or third party service providers. These Web pages, products and services will be collectively referred to in this Agreement as " CDB " or as the CDB Network. "You" means You, Your company, Your employees, and anyone who has access to use Your CDB; account. You must be at least eighteen (18) years of age to subscribe to and use any CDB service or product.

The CDB Network is offered to You on the condition that You accept these Terms of Service and the Additional Terms without modification. You agree to familiarize Yourself with, and to regularly review, the Terms of Service, the Additional Terms, and other terms and guidelines found throughout the CDB Network and abide by them if You choose to use the sites, or accept the products, services or benefits, to which such terms apply. CDB reserves the right to change any of the Terms of Service and any Additional Terms at anytime without notice. If You continue to use the CDB Network after any such changes, Your continued use will constitute Your consent to such changes. CDB does not and will not assume any obligation to notify You of any changes to the Terms of Service or Additional Terms.

Any rights not expressly granted herein are reserved by CDB. In addition Your registration information and other information about You is subject to our Privacy Statement.

If You do not have print capability or otherwise desire to obtain a hard copy of these Terms of Service, please visit the CDB customer service Web Page and send a Online Form requesting a hard copy.

Chargebacks. If you have applied to receive Internet domain name(s) as part of the Service(s), in the event of a chargeback by a credit card company (or similar action by another payment provider allowed by us) or any other failure by you to make payment in connection with the registration or renewal fees for your domain name(s), you agree that ownership of the domain name(s) will be transferred to CDB and that you will forfeit to us all of your right, title and interest in and to such domain name(s), and that we may hold, cancel, sell or transfer such domain name(s) at our discretion. We will reinstate your domain name registration solely at our discretion, and subject to any applicable reinstatement fee.

Fees. As consideration for the Service(s) you have applied to receive, you agree to pay to us the applicable Service(s) fees set forth on our web site at the time of your application. We reserve the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, in our sole discretion. All fees are due immediately and are non-refundable. We may take all remedies available to collect fees owed to us.

Term of Service(s). The term of the Service(s) you have selected will be specified in the process of applying to receive the Service(s). Any renewal of the Service(s) you have selected is subject to our then-current terms and conditions and payment of all applicable fees at the time of renewal and, in the case of domain name registration, the domain name registry's acceptance of your domain name registration.

FEES

Some products and services available through or in connection with CDB require that You purchase a subscription or otherwise pay a fee. You hereby authorize CDB to charge Your credit card in advance for all applicable fees incurred by You or on Your behalf in connection with Your use of the CDB product or service You have chosen to use. You are solely responsible for all charges, fees, duties, taxes, and assessments arising out of any use of Your CDB account by you or anyone else using your account. CDB reserves the right to modify the fees charged for CDB products and services from time to time, provided that such new fees shall not take effect earlier than thirty (30) days after CDB notifies You via email or otherwise of such modified fees. Amounts not paid by You to CDB when due may bear interest at the lesser of (a) one and one-half percent (1.5%) per month, and (b) the maximum rate permitted by applicable law.

If You notify CDB by online form found on the customer care page of the CDB web site or in writing that You are canceling one or more CDB services or products, fees pre-paid by You to CDB for CDB products or services will be credited back to Your applicable credit card in accordance with the cancellation policy. CDB is not required to refund directly to You any amounts paid hereunder. It is Your responsibility to notify CDB if Your credit card has changed or has expired and to make appropriate changes or Your service may be disconnected or interrupted.

In the event that CDB terminates Your CDB account or one or more of Your CDB services for violation of these Terms of Service or the Additional Terms, You will not be entitled to the return of any fees paid with respect to any such terminated account service.

CANCELLATION POLICY

You acknowledge that if You cancel any subscriptions to a CDB service that You may not be entitled to a refund of all or part of amounts already paid by You for such CDB subscription. You agree that (a) CDB's cancellation policy will be posted on the CDB Web site and may be changed from time to time by CDB in its sole discretion and (b) the cancellation policy posted at the time you cancel your subscription shall govern the amount of the refund (if any) due to you.

CHANGES TO SERVICES, TERMINATION BY CDB

CDB may change any of the CDB services at any time and from time to time without notice, including terminating the offering of any CDB service altogether.

CDB may terminate Your account, Your access to CDB or any of Your CDB services (in whole or in part) at any time, with or without cause, and with or without notice. You may be barred from accessing any of Your CDB services or from using the CDB Network or from receiving any products, services or benefits from CDB, if CDB determines You have violated these Terms of Service or any Additional Terms, if You have failed to remit any applicable subscription fees when due, if any representation or warranty made by You is untrue in any respect or if CDB receives a court order or other legal action relating to Your account. In addition, if You violate any of these Terms of Service, or any applicable Additional Terms You will forfeit all in-kind credits and any other amounts accruing to You (if any) in connection with the CDB Network and there will be no refund of any fees prepaid by You. If You subscribe to a CDB service which is made up of two or more individual services and You violate the Terms of Service applicable to one of such individual services, (1) your use of the particular individual service will be terminated, but the remaining services will remain active and (2) there will be no refund (in whole or in part) of Your annual fee for the CDB service terminated. You will be responsible for all fees incurred during Your subscription and payment of such fees shall be due immediately upon termination of Your subscription.

LICENSE YOU GRANT TO CDB

CDB does not claim ownership of the materials You provide to CDB (including feedback and suggestions) or that You post, upload, input or submit in connection with Your use of CDB or any Web site ("Your Web Site") created by You or on Your behalf in connection with the use of CDB( further referred to as Submissions). However, You grant CDB a royalty-free license to use (including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, sublicense and reformat Your Submission, and to publish Your name in connection with Your Submission) Your Submission only in connection with the operation and promotion of CDB. You also grant CDB the right to publish Your name in connection with any such use. No compensation will be paid or due to you with respect to CDB 's or its sublicensee's use of the materials as licensed above. CDB is under no obligation to post or use any materials You may provide, and may remove such materials at any time in CDB 's sole discretion. By posting messages, uploading files (including graphics), inputting data, submitting any feedback or suggestions, or engaging in any other form of communication with or through the CDB Network, you represent and warrant that You own or otherwise control the rights necessary to do so and to grant CDB the license set forth above, and You will defend and indemnify CDB and its suppliers from any third party claim related to a breach of any of the foregoing representations or warranties.

You grant CDB permission to use screen shots of any Web page that is hosted by or has been serviced through CDB. We reserve the right to use these items as promotional materials, and You represent and warrant that You have sufficient authority to grant the foregoing rights.

LIMITATIONS OF LIABILITY AND DISCLAIMERS

The information, products, services and other material included in or available through the CDB Network may not be complete, and may include inaccuracies or errors, and may also be modified, discontinued or deleted from time to time without notice. Advice, information, products, services or other materials received via the CDB Network should not be relied upon for personal, medical, legal, business, financial or other decisions and is not intended to replace the advice of appropriate and qualified professionals. You acknowledge that You should consult an appropriate professional for specific advice tailored to Your situation.

Your access to and use of the CDB Network, and products and services of CDB, is at Your own risk. CDB makes no guarantees of any kind regarding the dependability, accuracy, security, timeliness or availability of the CDB Network, or such products or services. Without limiting the foregoing, NEITHER CDB NOR ITS RESPECTIVE SUPPLIERS MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE CONDITION, SUITABILITY, RELIABILITY, AVAILABILITY, COMPLETENESS, SECURITY, TIMELINESS, OR ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND MATERIALS CONTAINED IN CDB FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. CDB AND ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR MATERIALS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

• IN NO EVENT SHALL CDB OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION
  
• DAMAGES FOR LOSS OF USE, DATA, ACCOUNTS, REVENUES OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF CDB OR RELATED SERVICES, OR WITH THE DELAY OR INABILITY TO USE CDB OR RELATED SERVICES
  
• THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH CDB; OR
  

OTHERWISE ARISING OUT OF THE USE OF CDB, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CDB OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF CDB, OR WITH ANY OF THESE TERMS OF SERVICE OR THE ADDITIONAL TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE CDB NETWORK AND ITS RELATED SERVICES AND PRODUCTS.

Without limiting the foregoing, CDB is not responsible for any of Your data residing on CDB and CDB Network hardware or systems, including such hardware or systems provided to CDB by third parties. You are responsible for maintaining and backing-up Your data and information that may reside on the CDB or CDB hardware or systems, including such hardware or systems provided to CDB by third parties, whether or not such information is produced through the use of CDB, including any information regarding the operation or use of Your Web site, catalogs, lists, order records, and other information You are providing or using in connection with Your use of the CDB Network. It is Your responsibility to take the necessary steps to ensure Your primary means of business is maintained. CDB will not be liable for any damage, loss or disclosure of data, accounts, revenue or business arising out of or otherwise related to: (a) Your use of the CDB Network, its services or products; (b) Your customers' use of Your Web site hosted by or created through CDB and Your products and services; (c) use of the CDB Network by any other party to whom You have given access to Your company information for use of the CDB Network; (d) errors, bugs or other defects in the CDB Network; (e) lost company, customer or vendor information (e.g., billing information, credit card numbers, lost orders, etc.); (f) illegal or criminal activities, including but not limited to reliance on any information obtained on the CDB Web Hosting service; or (g) or that result from mistakes, omissions, interruptions, deletion of files or e-mail, loss of or damage to data, errors, defects, viruses, delays in operation, or transmission, or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to CDB 's records, programs or services. You are solely responsible for maintaining and backing-up any information regarding the operation or use of Your Web site, catalogs, lists, order records, and other information You are providing or using in connection with Your use of the CDB Network.

INDEMNITY

You agree to defend, indemnify and hold CDB and its suppliers harmless from and against any and all claims, losses, liability costs and expenses (including but not limited to attorneys' fees) arising from Your violation of these Terms of Service (including, without limitation, violation of applicable Additional Terms), or any third-party's rights, (including, without limitation, infringement of any copyright, violation of any proprietary right and invasion of any privacy rights). These obligations will survive any termination of Your relationship with CDB or Your use of CDB.

ACCESS RESTRICTION

CDB reserves the right to deny in its sole discretion any user access to CDB or any portion thereof without notice.

You are responsible for safeguarding the confidentiality of Your account information (including password(s) and user name(s) issued to You) and for any use or misuse of Your account or the CDB Network resulting from any third party using a password or user name issued to You. You agree to notify CDB immediately of any known or suspected unauthorized access to or use of Your account, Your password, the password of any individual user to whom You have issued a login ID or any other breach of security or misuse of the CDB Network known to or suspected by You. You may change Your password at any time by following instructions on the CDB Web site.

You hereby authorize CDB to rely on any data, notice, instruction or request furnished by You to CDB, or that CDB reasonably believes to have been furnished by You. You are solely responsible for maintaining the confidentiality of Your account information and monitoring usage of Your account. CDB is not responsible for fraud of participants or of other users of your account.

GENERAL

These Terms of Service and the Additional Terms are governed by the laws of the State of Florida, U.S.A. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Seminole County, Florida, U.S.A. in all disputes arising out of or relating to the use of the CDB Services or the CDB Network.

You agree that no joint venture, partnership, employment, or agency relationship exists between You and CDB as a result of these Terms or Service or use of CDB.

CDB 's performance of this agreement is subject to existing laws and legal process, and nothing contained in these Terms of Service are in derogation of CDB 's right to comply with governmental, court and law enforcement requests or requirements relating to Your use of the CDB Network or information provided to or gathered by CDB with respect to such use.

If any part of these Terms of Service or the Additional Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Service and the Additional Terms shall continue in effect.

Unless otherwise specified herein, these Terms of Service, the Additional Terms and the Privacy Statement constitute the entire agreement between the user and CDB with respect to the CDB Network and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and CDB with respect to the CDB Network.

CDB is not obligated to monitor the content on CDB. CDB reserves the right to disclose any information, content, or materials as necessary to satisfy any applicable law, regulation, legal process or government request or in accordance with CDB 's Privacy Statement. CDB reserves the right to edit, refuse to post or to remove any information, content, or materials, in whole or in part, from the CDB Web sites, in CDB 's sole discretion, without notice at any time.

Any rights not expressly granted herein are reserved by CDB, including all legal and equitable remedies available to CDB or violation of any of these Terms of Service.

COPYRIGHT NOTICE

All contents of the CDB Network are: Copyright (c) 2001 - 2002 CDB LLC., CDB P.O Box 160188 Altamonte Springs, Florida 32716-0188, U.S.A. All rights reserved.

Any rights not expressly granted herein are reserved by CDB.