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Terms of Service Agreement

Thank you for your interest in acquiring content at the hyperFeedia Website. hyperFeedia, a Division of NewsPortalSite Corporation, owns and operates an online portal that facilitates the sharing of online content and promotes small market, article driven websites. The hyperFeedia website exists as a location for content producers and website publishers to distribute or acquire content and for such users to purchase text, images, audio, graphics, video, or other content, which is transferred using a standard format.

By accessing and/or purchasing the content feeds, you represent that you understand and agree to the following terms and conditions.

1.0 LEGAL AGREEMENT

The hyperFeedia service (the "Service"), owned and operated by NewsPortalSite Corporation (from here on used interchangeably with “hyperFeedia”), is provided to you (the "Publisher") under the terms and conditions of this NewsPortalSite Service Agreement and any amendments thereto and any operating rules or policies (the "Agreement"). NewsPortalSite Corporation reserves the right, in its sole discretion, to change, modify, add or remove all or part of the NewsPortalSite Agreement at any time. Publisher will receive notice of such changes and/or modifications pursuant to Section 14 regarding notices. Use of the web site after the posting of such modifications requires your agreement to the modified terms and conditions.

1.1 By accepting the terms and conditions of the NewsPortalSite Agreement, Publisher (a) represents and warrants that he or she is 18 years old or older; (b) agrees to provide true, accurate, current and complete information about Publisher; and (c) agrees to maintain and update this information to keep it true, accurate, current and complete. If any information provided by Publisher is untrue, inaccurate, not current or incomplete, NewsPortalSite Corporation has the right to terminate Publisher’s account and refuse any and all current or future use of the Service.

1.2 Publisher agrees to be bound by the NewsPortalSite Agreement. Nothing in this agreement obligates NewsPortalSite Corporation or the Service to list, link to, accept or otherwise host any Website anywhere on the NewsPortalSite Corporation site. If these terms and conditions or any future changes are unacceptable to Publisher, they may cancel their account pursuant to Section 6.2 regarding non-renewal of service.Any Publisher using NewsPortalSite Software in the form of a hosted Web Site must maintain the agreement originally made between NewsPortalSite Corporation and the Publisher; and understands that the following terms are established in addition to the NewsPortalSite Terms of Service Agreement (available at http://www.eznuz.com/termsOfService.cfm or in your site's admin area).

2.0 DESCRIPTION OF SERVICE.

hyperFeedia, a Division of NewsPortalSite Corporation, hosts an interactive Web Site on the Internet which provides Publishers with a resource for content providers to sell content and website publishers to acquire content (most feeds supply one article per day, although some provide a greater or lesser amount). Publisher agrees to not hold NewsPortalSite Corporation responsible or liable for any content purchased by the publisher which contains material that is unlawful, obscene, pornographic, indecent, invasive of privacy or publicity rights, or otherwise objectionable. NewsPortalSite Corporation makes every effort to prevent the transfer of such material but cannot guarantee the total prevention of objectionable content. NewsPortalSite Corporation does not endorse the views and opinions expressed within the provided content.

2.1 All material—text, images, graphics, video, audio, or other content —displayed, transmitted, or provided on or by the hyperFeedia site is owned by NewPortalSite Corporation and its Content Providers, and are protected by United States and international copyright, trademarks, service marks, and other proprietary right, laws, and treaties.

2.2 If the Publisher finds content on http://hyperfeedia.newsportalsite.com or within purchased content that is offensive, please report it to support@hyperfeedia.com.

3.0 PUBLISHER'S RIGHTS AND OBLIGATIONS

3.1 NewsPortalSite Corporation provides content feeds to individuals for commercial use under the following terms and conditions. NewsPortalSite Corporation provides this content “as is” and shall not be held liable for your use of the feeds and their included content. Furthermore, NewsPortalSite Corporation is not liable for the truthfulness, accuracy, and appropriateness of the material as stated in Section 2.

3.2 You are not required to provide proper attribution to NewsPortalSite Corporation. However, you agree not to associate the content feeds with any other content that might harm the reputation of NewsPortalSite Corporation.

3.3 Publisher has the right to:

- Display full feed content;

- Present and display online content according to Publisher's choices;

- Modify or edit content, as long as attribution to original source (presented with links, biographical information, or other forms) remains within the content;

- Publish own content and advertisements beside content feeds; and

- And republish content at one URL location.

3.3.4 Publisher agrees to:

- Republish content at no more than one URL location;

- Maintain and not remove any and all links to original source or other sources present in the content, and maintain and not remove original source's biographical or contact information. In addition, Publisher may not remove any proprietary or copyright notices contained within content or caption information; and

- Only display content on a website and not display, use, or republish content in any form other than this website component.

3.3.5 NewsPortalSite Corporation reserves the right to object to your presentation of the content feeds and the right to require you to terminate usage of content feeds. NewsPortalSite Corporation also reserves right to terminate its distribution of the content feeds or to change the content or formatting of the feeds at any time without notice to you.

3.4 Publisher agrees that any and all press releases and other public announcements related to this Agreement and subsequent transactions between NewsPortalSite Corporation and Publisher, including the method and timing of such announcements, must be approved in advance by NewsPortalSite Corporation in writing. NewsPortalSite Corporation reserves the right to withhold approval of any public announcement in its sole discretion. Without limitation, any breach of Publisher's obligation regarding public announcements shall be a material breach of the Agreement.

3.5 Publisher represents and warrants that it will not engage in any activities that:

- Constitute or encourage a violation of any applicable law or regulation, including but not limited to the sale of illegal goods or the violation of export control or obscenity laws;

- Defame, impersonate or invade the privacy of any third party or entity;

- Infringe the rights of any third party, including but not limited to the intellectual property, business, contractual, or fiduciary rights of others; and,

- Are in any way connected with the transmission of "junk mail" "spam" or the unsolicited mass distribution of e-mail, or with any unethical marketing practices.

3.6 NewsPortalSite Corporation reserves the right to refuse to provide content to any individual and/or organization which it believes, in its sole discretion: (1) offers for sale goods or services, or uses or displays materials, that are illegal, obscene, vulgar, offensive, dangerous, or are otherwise inappropriate; (2) has become the subject of a government complaint or investigation; or (3) has violated or threatens to violate the letter or spirit of the Agreement.

4.0 PROPRIETARY RIGHTS

4.1 hyperFeedia Content License. NewsPortalSite Corporation hereby grants Publisher a non-exclusive, non-transferable license to access and use the hyperFeedia content feeds for the specific uses enumerated in these Terms and Conditions and according to stated monetary transactions. Publisher is not being granted the right to copy or resell the hyperFeedia website and its content or the content purchased through hyperFeedia. All rights with respect to NewsPortalSite Corporation not explicitly granted to Publisher are reserved to NewsPortalSite Corporation.

4.2 NewsPortalSite Corporation Intellectual Property. Publisher acknowledges and agrees that Content available from hyperFeedia (also NewsPortalSite Corporation) or the Service, including but not limited to text, software, music, sound, logos, trademarks, service marks, photographs, graphics, or video, is protected by copyright, trademark, patent, or other proprietary rights and laws, and may not be copied, syndicated, or used in any manner other than as specified in Section 4.1 above.

4.3 Illegal Action. Publisher agrees not to employ any software, device, or data gathering/extraction technology to “crawl”, “scrape”, search, or monitor the web site and/or retrieve, copy cache, or save materials and content. Publisher agrees not to copy any information from the hyperFeedia website or from a hyperFeedia customer's website.

4.4 Unauthorized Access. Publisher shall not attempt to gain unauthorized access to any servers controlled by NewsPortalSite Corporation.

5.0 FEES

5.1 NewsPortalSite Service Fees. Publishers shall pay Purchase Fees at the time of purchase, and their Monthly Fees according to their selected plan prior to the beginning of the period covered by that payment.

5.2 Mechanics. NewsPortalSite Corporation maintains a contract with Content Providers who provide content to hyperFeedia. If a Content Provider does not fulfill the terms of their agreement with NewsPortalSite Corporation, content may not be available within the specified deadline. If the content purchased by a publisher is not supplied to him/her according to its advertised specifications, NewsPortalSite Corporation will refund the Monthly Fee. Unless content is not supplied to the publisher by the Service, NewsPortalSite Corporation does not refund or return money for Purchase Fees or Monthly Fees under any circumstances to companies or individuals that have signed up for any Service unless it is during the first 30 days of service and the Publisher is unsatisfied with the service provided. All fees are cumulative and payable in U.S. dollars. NewsPortalSite Corporation shall calculate all fees and, in its discretion and on the applicable date, invoice payments to be paid by Publisher within ten (10) days after the invoice date. In the event of any failure by Publisher to make payment, Publisher shall be responsible for all reasonable expenses (including attorneys’ fees) incurred by NewsPortalSite Corporation in collecting such amounts. NewsPortalSite Corporation may, upon 30 days prior notice to Publisher, alter its fees under the Agreement.

6.0 TERMS

6.1 Term. The Publisher establishes the term of the Agreement by applying the Publisher’s payments to the applicable Setup and Monthly Service fees. The term shall automatically renew for another term at renewal rates applicable at the time, unless notice of non-renewal is provided in accordance with Section 6.2, below; provided, however, that to qualify for each renewal Publisher must at the time of renewal be in substantial compliance with the material terms and conditions of the Agreement.

6.2 Non-Renewal. Either party, in its sole and absolute discretion, may give notice of non-renewal with or without cause and without stating any reason therefore. Any notice of non-renewal must be given prior to the end of the current monthly period in order for the Agreement to expire on the last day of that monthly period; otherwise, the Agreement will expire on the last day of the following monthly period. All notices under this Section 6.2 must be given in the manner described in Section 14 regarding notice.

7.0 TERMINATION

7.1 Termination. Publisher may terminate the Agreement on thirty (30) days notice if NewsPortalSite Corporation, Inc has materially breached or is otherwise not in compliance with any provision of the Agreement, and such breach or noncompliance is not cured within such thirty (30) day period. NewsPortalSite Corporation reserves the right to immediately suspend any customer access to the content and other services provided until such breach or noncompliance is cured. NewsPortalSite Corporation reserves the right to cancel or close a Publisher's account, and immediately suspend access to the services provided by NewsPortalSite Corporation, and may terminate the Agreement with any particular Publisher, for any reason and without notice.

7.2 Waiver. Publisher expressly waives any statutory or other legal protection in conflict with the provisions of this Section 7.

7.3 Deletion of Information. Upon termination, NewsPortalSite Corporation reserves the right to delete from its servers any and all information contained in Publisher’s account, including but not limited to order processing information, mailing lists, and any Web pages generated by the NewsPortalSite Software.

7.4 Survival. The provisions of Section 4 (Proprietary Rights), Section 8.1 (Publisher Information), Section 10 (Indemnity), and Section 11 (Disclaimer of Warranties and Liabilities) of this Agreement shall survive any termination of the Agreement.

8.0 Publisher PRIVACY

8.1 Publisher Information. Publisher grants to NewsPortalSite Corporation a non-exclusive, worldwide, royalty-free, perpetual license to use Publisher Information in aggregate form (i.e., in a form that is not individually attributable to the Publisher) for research, marketing and other promotional purposes.

8.1.1 Information Disclosure. Publisher agrees that NewsPortalSite Corporation may disclose Publisher Information in the good faith belief that such action is reasonably necessary: (a) to comply with the law; (b) to comply with legal process; (c) to enforce the Agreement; (d) to respond to claims that the Publisher or NewsPortalSite Web site is engaged in activities that violate the rights of third parties; or (e) to protect the rights or interests of NewsPortalSite Corporation or others; provided, however, that nothing in this section shall impose a duty on NewsPortalSite Corporation to make any such disclosures.

8.1.2 Deletion of Information. Publisher agrees that NewsPortalSite Corporation may delete all other Publisher Information from NewsPortalSite Corporation servers at the end of each calendar year.

8.2 Technical Access. Publisher acknowledges and agrees that technical processing of Publisher Information is and may be required: (a) for the Service to function; (b) to conform to the technical requirements of connecting networks; (c) to conform to the technical requirements of the Service; or (d) to conform to other, similar technical requirements.

9.0 MAINTENANCE AND SUPPORT

9.1 Assistance. Publisher can obtain assistance with any technical difficulty that may arise in connection with Publisher's utilization of the NewsPortalSite Services by requesting assistance by E-mail to support@hyperfeedia.com. NewsPortalSite Corporation reserves the right to establish limitations on the extent of such support, and the hours at which it is available.

9.2 Publisher's Responsibility. Publisher is responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for its access to and use of the Online Services and Publisher shall be responsible for all charges related thereto.

10.0 INDEMNITY

Publisher agrees to indemnify and hold harmless NewsPortalSite Corporation, and its parents, subsidiaries, affiliates, officers, directors, shareholders, employees and agents, from any claim or demand, including reasonable attorneys fees, made by any third party due to or arising out of Publisher’s conduct, Publisher’s use of the Service, the goods or services offered at Publisher’s NewsPortalSite Web Site, any alleged violation of the Agreement, or any alleged violation of any rights of another, including but not limited to Publisher’s use of any Content, trademarks, service marks, trade names, copyrighted or patented material, or other intellectual property used in connection with Publisher’s NewsPortalSite Web Site. NewsPortalSite Corporation reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Publisher, but doing so shall not excuse Publisher’s indemnity obligations.

11.0 DISCLAIMER OF WARRANTIES AND LIABILITIES

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF PUBLISHER ABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. NEITHER THIS AGREEMENT OR ANY DOCUMENTATION FURNISHED UNDER IT IS INTENDED TO EXPRESS OR IMPLY ANY WARRANTY THAT THE ANY SERVICES WILL BE UNINTERRUPTED, TIMELY OR ERROR-FREE. PUBLISHER ACKNOWLEDGES AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT ITS OWN DISCRETION AND RISK AND THAT PUBLISHER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO ITS COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NEWSPORTALSITE CORPORATION, AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS, SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES OR LEGAL THEORIES WHATSOEVER, FOR ANY LOSS OF BUSINESS, PROFITS OR GOODWILL, LOSS OF USE OR DATA, INTERRUPTION OF BUSINESS, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, EVEN IF NEWSPORTALSITE CORPORATION IS AWARE OF THE RISK OF SUCH DAMAGES, THAT RESULT IN ANY WAY FROM PUBLISHER’S USE OR INABILITY TO USE THE ONLINE SERVICES, OR THAT RESULT FROM ERRORS, DEFECTS, OMISSIONS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY OTHER FAILURE OF PERFORMANCE OF THE ONLINE SERVICES. NEWSPORTALSITE CORPORATION LIABILITY TO PUBLISHER SHALL NOT, FOR ANY REASON, EXCEED THE AGGREGATE PAYMENTS ACTUALLY MADE BY PUBLISHER TO NEWSPORTALSITE CORPORATION OVER THE COURSE OF THE EXISTING TERM. PUBLISHER WILL BE REFUNDED FOR PURCHASED CONTENT THAT IS NOT DELIVERED ACCORDING TO AGREED-UPON TERMS, BUT ACKNOWLEDGES THAT NEWSPORTALSITE CORPORATION IS NOT RESPONSIBLE FOR LOSS OF BUSINESS, PROFITS, OR GOODWILL DUE TO THE CANCELLATION OF THE SUPPLIED CONTENT. NEWSPORTALSITE CORPORATION'S TOTAL LIABILITY IS LIMITED TO THE CHARGES AND FEEDS THAT THE PUBLISHER HAS PAID FOR HYPERFEEDIA SERVICES, UNLESS THIS CANNOT BE LIMITED BY LAW.

12.0 NO RESALE OR ASSIGNMENT OF SERVICE

Publisher agrees not to resell or assign or otherwise transfer its rights or obligations under the Agreement without the express written authorization of NewsPortalSite Corporation.

13.0 FORCE MAJEURE

Neither party shall be liable to the other for any delay or failure in performance under the Agreement resulting directly or indirectly from acts of nature or causes beyond its reasonable control.

14.0 NOTICES

Any notices or communications under the Agreement shall be by electronic mail or in writing and shall be deemed delivered upon receipt to the party to whom such communication is directed, at the addresses specified below. If to NewsPortalSite Corporation, such notices shall be addressed tosupport@hyperfeedia.com or 11484 Martin St. NW, Coon Rapids, Minnesota, 55433 USA. If to Publisher, such notices shall be addressed to the electronic or mailing address specified when Publisher opens an account with NewsPortalSite Corporation, or such other address as either party may give the other by notice as provided above.

15.0 ENTIRE AGREEMENT

The Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all previous proposals, both oral and written, negotiations, representations, writings and all other communications between the parties.

16.0 GENERAL

The Agreement and the relationship between Publisher and NewsPortalSite Corporation shall be governed by the laws of the state of Minnesota without regard to its conflict of law provisions. Publisher and NewsPortalSite Corporation agree to submit to the personal and exclusive jurisdiction of the Superior Court of the State of Minnesota for the County of Anoka or the United States District Court for the District of Minnesota. NewsPortalSite Corporation’s failure to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found 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 agree that the other provisions of the Agreement remain in full force and effect. Publisher agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Agreement must be filed within one (1) year after such claim or cause of action arose, or be forever barred. The section titles in the Agreement are for convenience only and have no legal or contractual effect.