Acknowledgement and Acceptance of Anchor Computer Inc. Terms of Service

The Anchor Terms of Service (“Services”), owned and operated by Anchor Computer Incorporated (“Anchor”), is provided to you under the terms and conditions of this Anchor Terms of Service (ATS) and any operating rules or policies that may be published by Anchor. The ATS comprises the entire agreement between you (“The Customer”) and Anchor and supersedes all prior agreements between the parties regarding the Anchor web site and subject matter contained therein. BY CHECKING "I Accept the Innovative Data Solutions For Marketers Terms of Service" AT THE BOTTOM OF THE PAGE AND CLICKING THE “CONTINUE” BUTTON AND COMPLETING THE SIGN UP FORM, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE ATS.

Description of Service

Anchor is providing registrants with a capability to transmit data to Anchor for processing and return to you “the Customer”. All information requested on original sign-up shall be referred to as registration data (“Registration Data”). If any information provided by a registrant is inaccurate, Anchor retains the right to close an account and cancel all rights to use our online services. Anchor uses only US and Canada databases for Address Hygiene and Data Enhancement Processing. Any non-US and Canadian data received by Anchor’s systems, intentionally or unintentionally, will not be processed and will be deleted or returned to the client as received. Clients are requested to remove such data prior to sending their files to Anchor for processing.

Service Warranty

If Anchor Computer Inc. is at fault and fails to process your order in accordance with the specifications confirmed by the customer and is accepted for processing by Anchor, then Anchor shall repeat the order in whole or in part as case may be, at no expense to our customer. If a repeat Job is not feasible, then Anchor shall issue a credit to the extent of any portion of the Job is not processed satisfactorily. THIS WARRANTY IS THE ONLY WARRANTY APPLICABLE TO THE SERVICE, AND IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY. A REPEAT PROCESSING IN WHOLE OR IN PART, OR CREDIT IF APPROPRIATE, OF THE SERVICE IS THE MEMBER’S SOLE REMEDY FOR BREACH OF WARRANTY.THIS WARRANTY WILL NOT APPLY IN THOSE CASES WHERE THE FAILURE TO PERFORM THE PROCESSING PROPERLY WAS AS A RESULT OF ERRORS IN THE DATA SUPPLIED BY THE CUSTOMER. ANCHOR DOES NOT ASSUME RESPONSIBILITY FOR ANY DAMAGES THAT THE CUSTOMER MAY INCUR BY REASON OF FAILURE OF PERFORMANCE OF OUR SERVICES, INCLUDING INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

Modifications to Terms of Service

Anchor may change the terms and conditions of the ATS from time to time. We will notify you in writing only if there are any substantial changes in the terms and conditions of this ATS.

Modifications to Service

Anchor reserves the right to modify or discontinue any Service with or without notice to an online Anchor customer. Anchor shall not be liable to any online customer or any third party should Anchor exercise its right to modify or discontinue any of its Service(s).

Disclaimer of Warranties

ANCHOR IS PROVIDING THIS SITE AND ITS CONTENTS ON AN “AS IS” BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THIS SITE OR ITS CONTENTS. ANCHOR DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING FOR EXAMPLE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, ANCHOR DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT. Price and service availability information is subject to change without notice. Except as specifically stated on this site, neither Anchor nor any of its directors, employees or other representatives will be liable for damages arising out of or in connection with the use of this site. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.

No Resale of the Service

An online Anchor customer’s right to use our services is personal to an individual Anchor Customer. An Anchor customer may be an individual, a corporation or other business entity. An Anchor customer agrees not to resell our service(s) without the express consent of Anchor Computer Inc.

Customer Conduct

An Anchor online customer is solely responsible for the contents of his or her transmissions through our online service. Customer’s use of our service is subject to all applicable local, state, national and international laws and regulations. Customer agrees: (1) To comply with US law regarding the transmission of technical data exported from the United States through our online service; (2) Not to use our services for illegal purposes; (3) Not to interfere or disrupt networks connected to our online service; and (4) To comply with all regulations, policies and procedures of networks connected to our online service. Customer agrees not to transmit through our online service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. Customer further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. Attempts to gain unauthorized access to other computer systems are prohibited. Anchor may, at its sole discretion, immediately terminate our online service(s) to a customer should a customer’s conduct fail to conform to these terms and conditions of the ATS.

Indemnification

Customer agrees to indemnify and hold Anchor, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of customer’s use of our online service(s), the violation of this ATS by a customer, or the infringement by a customer, or other user of our online service(s) using a customer’s computer, of any intellectual property or other right of any person or entity.

Termination

Either a customer or Anchor may terminate the online service agreement with or without cause at any time and effective immediately. Termination shall be accompanied by a written notice to the other party. Anchor shall not be liable to its customer(s) or any third party for a termination of our services. Should a customer object to any terms and conditions of the ATS or any subsequent modifications thereto or become dissatisfied with our online service(s) in any way, their only recourse is to immediately: (1) discontinue use of our online service(s); (2) terminate the online account; and (3) notify Anchor of termination. Upon termination of the account, An Anchor online customer’s right to use our online service(s) and software immediately ceases.

Notice

All written notices by either party shall be in writing and shall be made either via email or conventional mail. Anchor may broadcast notices or messages through the internet to inform customers of changes to the ATS, Anchor service(s), or other matters of importance; such broadcasts shall constitute notice to Anchor registered customers.

Proprietary Rights to Content

Anchor online customers acknowledge that content, including but not limited to text, software, graphics or other material presented to customers by the Anchor web site (“Content”) is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws; therefore, Anchor customers are only permitted to use this Content as expressly authorized by Anchor Computer Inc. Anchor online customers may not copy, reproduce, distribute, or create derivative works from this Content without expressly being authorized to do so by Anchor Computer Inc. Anchor and the Anchor logo are registered trademarks of Anchor Computer, Inc.

Laws

The ATS shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflict of law provisions. Anchor online customers and Anchor Computer Inc. agree to submit to the exclusive jurisdiction of the courts of the State of New York. If any provision(s) of the ATS is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Anchor’s failure to exercise or enforce any right or provision of the ATS shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Anchor in writing. Anchor online customer’s and Anchor agree that any cause of action arising out of or related to providing online services must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The section titles in the ATS are solely used for the convenience of the parties and have no legal or contractual significance.

Payment Terms

You can pay for the services you purchase from Anchor Computer Inc. with an American Express, MasterCard or Visa Card, or by being approved for and accept the terms of an Anchor Network Credit Account. You must register as a new user or login as an existing customer. After completing the online order process, we will confirm and assign you an order number. We suggest you print out a hard copy of your “Order Confirmation” for your records. After you have uploaded your order and we have processed it, we will advise you via the communications method you selected that your order is ready. At that time, you may view your “Final Invoice” and you may choose to either accept or reject your order. Payment is processed only after you have clicked “Accept”. The charge to your credit card will appear under the name of “Anchor Computer Inc.”, all charges are computed in U.S. currency. If your credit card account is based in another country, the credit card issuer will convert to your local currency. Both the U.S. dollar amount and your local currency will appear on your statement. Anchor customers are subject to the terms and conditions imposed by American Express, VISA and MasterCard for the payment of individual transactions. Invoices are due upon receipt. All amounts not paid within 15 days of the due date shall be subject to a service charge of the lower of 1.5% per month or the highest rate under applicable law effective from the invoice date. The customer agrees that it shall pay any and all reasonable attorney fees, court costs and other expenses incurred in the collection of any amounts owed by the customer and not paid when due. The customer agrees they (and not any other party) are totally responsible for any unpaid invoice, unless otherwise agreed to in writing by Anchor Computer. If you choose to reject your order, we cannot accept any further orders until you contact our customer service department via email at service@anchorcomputer.com, via phone at (631) 306-9500 or fax at (631) 293-0891.

Information Collection and Usage

At Anchor Computer Inc., we believe that the data you provide us to be processed belongs to you and you alone. Your data files are your property and are not used for any purpose except to process your order. We keep your data for 30 days so that we may refer to them in the unlikely event that there is a problem with the services that we provided to you. After 30 days, your files are purged from Anchor Computer Inc.’s secure servers. When you register at Anchor Computer Inc., we request your name, email address, phone number, postal address, ZIP Code, state, and country. We use this data to manage registrations, and, when you place an order, to contact you about your order. Only if you give us permission at time of registration will we use your email address, mailing address and/or phone number to contact you regarding new product/service offerings and other aspects of your use of the Anchor Computer Inc., or associated web sites. If, however, you do not wish to continue to receive such communications, you have the ability to “opt-out” at any time by contacting us. You may select to pay for your order via Credit Card or Anchor Network Account. To maintain the highest level of security, your payment information at Anchor Computer Inc. is encrypted using secure sockets layer (SSL) technology. SSL is secure server software that protects against any unauthorized access. Anchor Computer Inc. uses your credit card information for the sole purpose of accepting payment for a current order. All credit card numbers are purged from our system, after you have a) Picked up your order(s) from our servers or b) Your order has been uploaded to your ftp site. From time to time, we may ask you to answer surveys regarding current or future Anchor Computer Inc. products and services. Participation in these surveys is always optional. Survey responses are only used in the aggregate, and are never linked to an individual. While our survey data is primarily for use within Anchor Computer Inc. only, we may occasionally share the aggregate survey data with our development partners (e.g. web design, advertising and marketing agencies) in order to facilitate new product development.

We may occasionally have a special relationship with another company, an entity that we think of as a marketing partner. By this we mean that a portion or version of our web site is integrated into our partner’s web site or is integrated with our partner’s content or branding. In such circumstances, because we are jointly presenting our web site with a partner, and because the partner is referring customers to Anchor Computer Inc., we may agree to share information with the partner as part of our formal contract with that partner, including confidentiality and use obligations and restrictions regarding how the partner may use the information. In these instances where Anchor Computer Inc. and a partner jointly promote Anchor’s Services, Anchor may provide the partner certain account information, such as the name, address, and username as a result of a joint promotion with Anchor Computer Inc. We only share this information for users coming to Anchor Computer Inc. from a partner web site. Again, at the point of registration, you have the option to “opt-out” of receiving emails or promotional materials. If you have linked to Anchor Computer Inc. through a marketing partner as described here, the web page you view will be co-branded with the marketing partner. If you would like information about the information use and practices of a marketing partner, Anchor Computer Inc. recommends that you view the privacy policy of the marketing partner.

Tracing Information

Like most every web site, our Anchor Computer Inc. web site records certain tracing information anytime someone may visit our site. For every web page that is viewed, our web server records an IP address, the operating system, browser version and the name of the page that was viewed. This information is not linked to any specific user and is used in the aggregate to maintain and improve our Anchor Computer Inc. web site.

Links to Other Sites

Our web site contains links to sites developed by other companies and organizations. Please be aware that these sites’ privacy policies may differ from ours.

"Opt Out" Policy

By default, we do not send Anchor Computer Inc. customers any unsolicited email. We only send notifications of product updates, etc., if a user has specifically requested this information. The choice of whether or not to receive these notifications can be changed at any time by contacting us. We may on occasion send unsolicited email to prospects, however we adhere to the Direct Marketing Association E-Mail Privacy Guidelines that includes an “Opt-Out” provision via e-mail.

Updating Your Information

All of your personal information can be corrected or updated at any time by visiting the “Select User Options” section after you login.

E-Letter Website Security

The Anchor Computer Inc. web site uses secure sockets layer (SSL) to encrypt the transfer of sensitive information, such as your account password and payment information, from your web browser to our web server. The same SSL protocol also acts to authenticate the http://www.anchorcomputer.com site and prevent unauthorized "hackers" from masquerading as the Anchor site. This is accomplished through a "digital certificate", which is an unforgeable electronic "identity card". If another web site attempts to falsely identify itself as http://www.anchorcomputer.com , your web browser will display a warning indicating that there is a problem with the digital certificate for http://www.anchorcomputer.com . Do not log in to the Anchor site if you see any such warning.

Client Data Security

Anchor considers data security critical to our client’s business and our business. Anchor recommends that its clients take the following precautions when sending their files to minimize any data security risks.

• Use PGP encryption.
• Data fields that are not germane to Anchor’s processing and/or confidential data should not be included on the file provided to us. If this is not possible, Anchor recommends all confidential data fields not be defined in the layout, and encrypted if possible.
• Anchor recommends using strong passwords that are changed on a regular basis (every 90 days at a minimum).
• Anchor recommends that clients do not email their data. Email is not considered secure and must not be used to transmit client data.
• Anchor further recommends that clients FTP their files using Secure FTP.
• In the event these recommendations cannot be met, client accepts all liability for the security of their data.

Our Anchor data center is located in a highly secure facility guarded electronically 24 hours a day. We log the movement of all authorized visitors via badges and your data is located in a separately locked area within our secure facility. Our Anchor Computer Inc. data center computers communicate with each other using a private network behind a “firewall” that prevents any unauthorized access to our machines. Even with all this protection, Anchor Computer Inc. only stores credit card information for active orders on its servers in encrypted form, thereby adding yet another measure of protection for our customers.

How You Can Help Keep Your Information Secure?

The most important step you can take to keep your information secure is to keep your password secure. Do not give your password to other people and avoid choosing “easily guessed” passwords (e.g. any single word in the dictionary, proper names of people and places easily associated with you, etc.). Change your password immediately if you suspect someone has been accessing your account without your permission (click on the “Update Account” section of the Anchor web site after logging in).If for any reason you suspect a security violation has occurred, please immediately send an email to custserv@anchorcomputer.com with a description of the situation.

Your Consent

In addition to the circumstances described above, Anchor Computer Inc. may disclose or release information when we, in good faith, believe that doing so is reasonably necessary to (i) comply with the law, (ii) enforce or apply the terms of any of our user agreements, or (iii) protect the rights, property or safety of Anchor Computer Inc., our users, or others. By using our web site, you consent to the collection and use of information by Anchor as described in our Privacy Policy. If we decide to change our policy, we will post those changes here so you will always know what information we gather, how we use it and under what circumstances we disclose it.