Terms and Conditions

TERMS AND CONDITIONS: Client agrees to accept and Infocom Group agrees to grant a license to use Bulldog Reporter's Media List Builder (MLB) which includes any and all data contained in MLB or provided by Infocom Group hereunder, in accordance with the terms and conditions below.

AGREEMENT: Between Infocom Group, 5900 Hollis St., Suite L, Emeryville, CA, 94608 ("Infocom Group") and Client currently using Bulldog Reporter's Media List Builder (MLB).

TERM: The term of the license is on a per-use basis and NOT subscription based. Bulldog Reporter's Media List Builder clients are granted access to a secure Internet site where the data, software and files are accessed.

LICENSE: Infocom Group grants a non-transferable and non-exclusive license to Client to use by Client and Client's employees for Client's internal business purposes only and not for resale and not by any other person or entity.

LIMITATIONS OF LICENSE: Client hereby agrees not to (and agrees to cause its employees not to) (i) modify, adapt, merge, translate or create derivative works based on MLB, including without limitation, use the Data in any product or service other than MLB (ii) decompile, disassemble or otherwise reverse engineer MLB in any manner or (iii) sell, copy, publish, disclose or otherwise transfer or distribute MLB, in whole or in part, or to sublicense its rights, or to transfer MLB; provided that nothing herein shall prevent the Client from copying limited portions of the data contained in MLB for internal business purposes only. MLB Client acknowledges that noncompliance with these obligations and conditions would cause irreparable harm to Infocom Group that money damages would not be adequate to compensate and that Infocom Group would be entitled to equitable relief, including injunction and specific performance and any other remedies available to it in law or equity and no failure or delay in Infocom Group's exercising its rights hereunder will operate as waiver thereof.

CUSTOMER SUPPORT POLICY: Limited customer support will be provided to users of Bulldog Reporter's Media List Builder and will only be provided to the user name and corresponding e-mail address of the registered purchaser.

OWNERSHIP: Client agrees that Infocom Group is the sole owner of licensing rights to MLB and the sole owner of MLB data and any intellectual property arising therefrom. Infocom Group data may not be incorporated into any product or service for resale without the express written permission of Infocom Group. This includes but is not limited to the inclusion of the data in any resale process, whether it be a press release distribution service or in any other resale form. Client shall not contest or challenge in any manner Infocom Group's sole ownership and agrees that it shall keep (and shall cause all of its authorized employees to keep) confidential and prevent the contents of MLB from unauthorized use and disclosure, including without limitation, keep confidential the password assigned, if any, for MLB access. Client shall not remove any proprietary notice of Infocom Group from MLB.

WARRANTIES: Infocom Group bases its data on sources believed by it to be reliable and will endeavor to assure that the data is complete, timely and accurate. However, Infocom Group does not represent, warrant or guarantee the completeness, timeliness or accuracy of the information comprising the data, and it shall have no liability whatsoever to the Client or to any other person or entity on account of any incompleteness, untimeliness or inaccuracies in the data being provided or for any delay in reporting such data. Further, while Infocom Group will make best efforts to distribute press releases or other press material by Internet email and telephone facsimile (fax) for Clients requesting this service, the company makes no warrantee with regard to delivery of such press releases and shall have no liability whatsoever to the Client or to any other person or entity on account of non-delivery of said press releases or other press material for any reason. The Client agrees that there are no warranties, guarantees, conditions, covenants or representations by Infocom Group as to marketability, fitness for a particular purpose or other attributes of MLB, whether stated or implied, in law or in fact, in oral or written form.

NO AGENCY: Nothing contained in this Agreement shall be construed as constituting the parties as principal and agent, partners or joint venturors, or to be in any other fiduciary relationship, nor will anything herein render either party liable for debts or obligations of the other. It is understood and agreed that the only relationship between the parties is that of independent contractors as licensor and licensee.

LIMITATION OF LIABILITY: In no event will Infocom Group be liable to the Client or third parties for any damages whatsoever, including loss of profits or other incidental damages arising out of the use or inability of use of MLB, or responsible for reconstruction of any non-Infocom Group database files or software.

RETURN POLICY: Lists and ditributions created using Infocom Group's Media List Builder are non-returnable and non-refundable. Because MLB lists and distribution services are delivered via the Internet and via telephone facsimile (fax), there may occur transaction issues that are not predictable. Infocom Group will handle such issues accordingly including, but not limted to, resending the product to the Client. Such transactional issues related to Internet performance do not warrant a refund.