1. ACCEPTANCE OF TERMS

ToYou.com provides a collection of online resources, including classified ads, forums, and various email services, (referred to hereafter as "the Service") subject to the following Terms of Use ("TOU"). By using the Service in any way, you are agreeing to comply with the TOU. In addition, when using particular ToYou.com services, you agree to abide by any applicable posted guidelines for all ToYou.com services, which may change from time to time. Should you object to any term or condition of the TOU, any guidelines, or any subsequent modifications thereto or become dissatisfied with ToYou.com in any way, your only recourse is to immediately discontinue use of ToYou.com. ToYou.com has the right, but is not obligated, to strictly enforce the TOU through self-help, community moderation, active investigation, litigation and prosecution.

2. MODIFICATIONS TO THIS AGREEMENT

We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes. You can find the most recent version of the TOU at:

http://www.toyou.com/AboutUs/TermsOfUse.cfm

3. CONTENT

You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item ("Item") of Content that you post, email or otherwise make available via the Service. You understand that ToYou.com does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the ToYou.com site and Content available through the Service may contain links to other websites, which are completely independent of ToYou.com. ToYou.com makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other webites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will ToYou.com be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that ToYou.com does not pre-screen or approve Content, but that ToYou.com shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the TOU or for any other reason.

4. THIRD PARTY CONTENT, SITES, AND SERVICES

The ToYou.com site and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of ToYou.com, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.

Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

You agree that ToYou.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that ToYou.com is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release ToYou.com, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.

5. PRIVACY AND INFORMATION DISCLOSURE

Your use of the ToYou.com website or the Service signifies acknowledgement of and agreement to our Privacy Policy. You further acknowledge and agree that ToYou.com may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce the TOU; respond to claims that any Content violates the rights of third-parties; respond to claims that contact information (e.g. phone number, street address) of a third-party has been posted or transmitted without their consent or as a form of harassment; protect the rights, property, or personal safety of ToYou.com, its users or the general public.

6. CONDUCT

You agree not to post, email, or otherwise make available Content:

a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way;

b) that violates the Fair Housing Act by stating, in any notice or ad for the sale or rental of any dwelling, a discriminatory preference based on race, color, national origin, religion, sex, familial status or handicap (or violates any state or local law prohibiting discrimination on the basis of these or other characteristics);

c) that impersonates any person or entity, including, but not limited to, a ToYou.com employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.);

d) that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch";

e) that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement;

f) that includes links to commercial services or web sites, except as allowed in "services";

g) that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including without limitation items the sale of which is prohibited or regulated by law.

h) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

i) that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service; or

j) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.

Additionally, you agree not to:

k) contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose;

l) "stalk" or otherwise harass anyone;

m) collect personal data about other users for commercial or unlawful purposes;

n) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - unless expressly permitted by ToYou.com;

o) post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;

p) attempt to gain unauthorized access to ToYou.com's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the ToYou.com website; or

q) use any form of automated device or computer program that enables the submission of postings on ToYou.com without each posting being manually entered by the author thereof (an "automated posting device"), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals.

r) use any form of automated device or computer program ("flagging tool") that enables the use of ToYou.com's "flagging system" or other community moderation systems without each flag being manually entered by the person that initiates the flag (an "automated flagging device"), or use the flagging tool to remove posts of competitors, or to remove posts without a good faith belief that the post being flagged violates these TOU;

7. POSTING AGENTS

A "Posting Agent" is a third-party agent, service, or intermediary that offers to post Content to the Service on behalf of others. To moderate demands on ToYou.com's resources, you may not use a Posting Agent to post Content to the Service without express permission or license from ToYou.com. Correspondingly, Posting Agents are not permitted to post Content on behalf of others, to cause Content to be so posted, or otherwise access the Service to facilitate posting Content on behalf of others, except with express permission or license from ToYou.com.

8. NO SPAM POLICY

You understand and agree that sending unsolicited email advertisements to ToYou.com email addresses or through ToYou.com's computer systems, which is expressly prohibited by these Terms, will use or cause to be used servers located in Massachusetts. Any unauthorized use of ToYou.com's computer systems is a violation of these Terms and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.). Such violations may subject the sender and his or her agents to civil and criminal penalties.

9. LIMITATIONS ON SERVICE

You acknowledge that ToYou.com may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that ToYou.com has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that ToYou.com reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that ToYou.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

10. ACCESS TO THE SERVICE

ToYou.com grants you a limited, revocable, nonexclusive license to access the Service for your own personal use. This license does not include: (a) access to the Service by Posting Agents; or (b) any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by ToYou.com. A limited exception to (b) is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. "General purpose internet search engine" does not include a website or search engine or other service that specializes in classified listings or in any subset of classifieds listings such as jobs, housing, for sale, services, or personals, or which is in the business of providing classified ad listing services.

ToYou.com permits you to display on your website, or create a hyperlink on your website to, individual postings on the Service so long as such use is for noncommercial and/or news reporting purposes only (e.g., for use in personal web blogs or personal online media). If the total number of such postings displayed or linked to on your website exceeds one hundred (100) postings, your use will be presumed to be in violation of the TOU, absent express permission granted by ToYou.com to do so. You may also create a hyperlink to the home page of ToYou.com sites so long as the link does not portray ToYou.com, its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive matter.

Use of the Service beyond the scope of authorized access granted to you by ToYou.com immediately terminates said permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a license from ToYou.com.

11. TERMINATION OF SERVICE

You agree that ToYou.com, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if ToYou.com believes that you have acted inconsistently with the letter or spirit of the TOU. Further, you agree that ToYou.com shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination.

12. PROPRIETARY RIGHTS

The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of ToYou.com. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of ToYou.com, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service.

Although ToYou.com does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to ToYou.com an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Service, you automatically grant ToYou.com all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.

13. DISCLAIMER OF WARRANTIES

ToYou.com offers a free service for the managing of half price certificates, we provide absolutely no warranty, to the extent permitted by applicable state law, except when otherwise stated in writing. The service is provided "as is" without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. The entire risk as to the quality and performance of the content is with you. Should any part of ToYou.com or its content prove defective or inaccurate you assume the cost of all necessary servicing, repair, correction and other costs that might happen to you.

In no event unless required by applicable state law will ToYou.com, it's owners, be liable to you for damages, including any lost profits, lost monites, or other special, incidental or consequential damages arising out of the use or inability to use (including but not limited to loss of data or data being rendered inaccurate or losses sustained by third parties) the site or its contents, even if you have been advised of the possibility of such damages, or for any claim by any other party.

14. INDEMNITY

You agree to indemnify and hold ToYou.com, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the TOU, your breach of any of the representations and warranties herein, or your violation of any rights of another.

15. VIOLATION OF TERMS AND LIQUIDATED DAMAGES

Please report any violations of the TOU, by flagging the posting(s) for review, or by emailing to:

abuse@toyou.com

Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for ToYou.com to pursue legal action to enforce these Terms, you will be liable to pay ToYou.com the following amounts as liquidated damages, which you accept as reasonable estimates of ToYou.com' damages for the specified breaches of these Terms:

a. If you post a message that (1) impersonates any person or entity; (2) falsely states or otherwise misrepresents your affiliation with a person or entity; or (3) that includes personal or identifying information about another person without that person's explicit consent, you agree to pay ToYou.com one thousand dollars ($1,000) for each such message. This provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.

b. If ToYou.com establishes limits on the frequency with which you may access the Service, or terminates your access to or use of the Service, you agree to pay ToYou.com one hundred dollars ($100) for each message posted in excess of such limits or for each day on which you access ToYou.com in excess of such limits, whichever is higher.

c. If you send unsolicited email advertisements to ToYou.com email addresses or through ToYou.com computer systems, you agree to pay ToYou.com twenty five dollars ($25) for each such email. d. If you post Content in violation of the TOU, other than as described above, you agree to pay ToYou.com one hundred dollars ($100) for each Item of Content posted. In its sole discretion, ToYou.com may elect to issue a warning before assessing damages.

e. If you are a Posting Agent that uses the Service in violation of the TOU, in addition to any liquidated damages under clause (d), you agree to pay ToYou.com one hundred dollars ($100) for each and every Item you post in violation of the TOU. A Posting Agent will also be deemed an agent of the party engaging the Posting Agent to access the Service (the "Principal"), and the Principal (by engaging the Posting Agent in violation of the TOU) agrees to pay ToYou.com an additional one hundred dollars ($100) for each Item posted by the Posting Agent on behalf of the Principal in violation of the TOU.

f. If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of these Terms without ToYou.com's express written permission, you agree to pay ToYou.com two thousand dollars ($2,000) for each day on which you engage in such conduct.

Otherwise, you agree to pay ToYou.com's actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms, ToYou.com retains the right to seek the remedy of specific performance of any term contained in these Terms, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms, or any combination thereof.

16. FEEDBACK

We welcome your questions and comments on this document at ToYou.com. Send us your feedback at:

http://toyou.com/ContactUs/index.cfm