IMPORTANT: PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY WHEN YOU, AS THE PARTY REGISTERING FOR THE SERVICES ("YOU"), ARE ORDERING OR ACCESSING THE SERVICES AND/OR SOFTWARE (EACH DEFINED BELOW) FROM COLLABORATIVE SOFTWARE INITIATIVE, INC., AN OREGON CORPORATION ("CSI").

BY USING THE SERVICES AND/OR THE SOFTWARE, OR OTHERWISE INDICATING YOUR ACCEPTANCE OF THESE TERMS, YOU REPRESENT AND WARRANT THAT YOU, AS AN INDIVIDUAL: (I) ARE AUTHORIZED TO BIND YOURSELF AND ANY OTHER PARTY, ENTITY, COMPANY OR BUSINESS ON WHOSE BEHALF YOU USE THE SERVICES AND/OR SOFTWARE (THE "CONTRACTING PARTY"), AND (II) AGREE FOR YOURSELF AND THE CONTRACTING PARTY TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS. FOR PURPOSES OF THESE TERMS, ANY USE OF THE TERM "YOU," "YOUR," OR "YOURSELF" SHALL SPECIFICALLY INCLUDE BOTH YOU, AS AN INDIVIDUAL, AND THE CONTRACTING PARTY, AS AN ENTITY, COMPANY, OR BUSINESS.

THESE TERMS AND CONDITIONS (THESE "TERMS") GOVERN YOUR ACCESS TO AN ACCOUNT OR EDITION OF THE SOFTWARE MAINTAINED AND HOSTED BY CSI (THE "SERVICES"), AND YOUR USE AND EMPLOYMENT OF THE SOFTWARE (THE "SOFTWARE"). CSI RESERVES THE RIGHT, EXERCISED IN ITS SOLE DISCRETION, TO CHANGE, MODIFY, ADD, OR DELETE PORTIONS OF THESE TERMS AT ANY TIME IN ACCORDANCE WITH THE PROCEDURES SET FORTH BELOW IN THE SECTION 4.

1. REGISTRATION: TO ACCESS THE SERVICES AND USE THE SOFTWARE, YOU WILL BE REQUIRED TO COMPLETE AND SUBMIT A REGISTRATION FORM ("REGISTRATION FORM") TO CREATE YOUR ACCOUNT ("YOUR ACCOUNT"). AS PART OF THIS REGISTRATION PROCESS, YOU AGREE TO: (A) PROVIDE CERTAIN LIMITED INFORMATION ABOUT YOURSELF AS PROMPTED TO DO SO BY DURING THE REGISTRATION PROCESS OR THEREAFTER BY THE SERVICES (SUCH INFORMATION TO BE CURRENT, COMPLETE, AND ACCURATE), AND (B) MAINTAIN AND UPDATE THIS INFORMATION AS REQUIRED TO KEEP IT CURRENT, COMPLETE, AND ACCURATE. THE INFORMATION REQUESTED AT THE TIME OF THE ORIGINAL REGISTRATION SHALL BE REFERRED TO AS REGISTRATION DATA ("REGISTRATION DATA"). IF CSI DISCOVERS THAT ANY OF YOUR REGISTRATION DATA IS INACCURATE, INCOMPLETE, OR NOT CURRENT, CSI MAY TERMINATE ALL RIGHTS TO ACCESS, RECEIVE, USE, AND LICENSE THE SERVICES AND THE SOFTWARE IMMEDIATELY UPON NOTICE.

2. CONTENT: YOU ARE SOLELY RESPONSIBLE FOR YOUR CONTENT AND ITS TRANSMISSIONS WHEN USING THE SERVICES AND SOFTWARE. THE USE OF THE SERVICES AND SOFTWARE BY YOU IS SUBJECT TO THE END USER LICENSE AGREEMENT SET FORTH BELOW AND ALL APPLICABLE LOCAL, STATE, NATIONAL, AND INTERNATIONAL LAWS AND REGULATIONS.

3. COMPLIANCE: YOU AGREE: (A) TO COMPLY WITH ALL APPLICABLE UNITED STATES LAWS, RULES AND OTHER REGULATIONS APPLICABLE TO THE USE OF THE SERVICES AND THE SOFTWARE; (B) NOT TO USE THE SERVICES AND THE SOFTWARE FOR ILLEGAL PURPOSES; (C) NOT TO DELETE FROM THE SOFTWARE OR ITS DOCUMENTATION ANY LEGAL NOTICES, DISCLAIMERS, OR PROPRIETARY NOTICES SUCH AS COPYRIGHT OR TRADEMARK SYMBOLS, OR MODIFY ANY LOGOS THAT YOU DO NOT OWN OR HAVE EXPRESS PERMISSION TO MODIFY; AND (D) NOT TO USE THE SERVICES AND THE SOFTWARE TO INFRINGE ANY THIRD PARTY'S COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, OR OTHER PROPRIETARY RIGHTS OR RIGHTS OF PUBLICITY OR PRIVACY.

4. MODIFICATIONS: CSI MAY AMEND THESE TERMS AT ANY TIME BY (A) POSTING REVISED TERMS ON OR ACCESSIBLE THROUGH HTTP://.CSINITIATIVE.COM AND/OR (B) SENDING INFORMATION REGARDING THE AMENDMENT OF THESE TERMS TO THE E-MAIL ADDRESS YOU MAY BE REQUIRED TO PROVIDE UPON REGISTRATION. YOU MANIFEST INTENT TO ACCEPT THESE AMENDED TERMS IF YOU CONTINUE TO USE THE SERVICES AND/OR SOFTWARE AFTER SUCH AMENDED TERMS HAVE BEEN POSTED OR SENT TO YOU. IF YOU DO NOT AGREE WITH ANY SUCH MODIFICATIONS YOU SHALL NOTIFY CSI DURING THAT 30 DAY PERIOD AND AT THE END OF THE 30 DAY PERIOD THESE TERMS SHALL BE DEEMED TERMINATED UNLESS CSI AGREES TO WAIVE SUCH MODIFICATIONS TO WHICH YOU OBJECT. OTHERWISE, THESE TERMS MAY NOT BE AMENDED EXCEPT IN WRITING SIGNED BY BOTH PARTIES. FURTHER, CSI RESERVES THE RIGHT TO MODIFY OR DISCONTINUE THE SERVICES WITH OR WITHOUT NOTICE TO YOU. CSI SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY SHOULD CSI EXERCISE ITS RIGHT TO MODIFY OR DISCONTINUE THE SERVICES.

4. PASSWORDS AND SECURITY:
4.1 PASSWORDS: YOU AGREE TO CAREFULLY SAFEGUARD ALL OF YOUR PASSWORDS. YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OF THE CONFIDENTIALITY OF YOUR PASSWORDS AND ACCOUNT INFORMATION. FURTHERMORE, YOU ARE SOLELY RESPONSIBLE FOR ANY AND ALL ACTIVITY THAT OCCURS UNDER YOUR ACCOUNT. YOU AGREE IMMEDIATELY TO NOTIFY CSI OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY KNOWN TO YOU, INCLUDING, IF YOU BELIEVE THAT YOUR PASSWORDS OR ACCOUNT INFORMATION HAS BEEN STOLEN OR OTHERWISE COMPROMISED. ACCESS TO, AND USE OF, PASSWORD-PROTECTED AND/OR SECURE ASPECTS OF THE SERVICES ARE RESTRICTED TO AUTHORIZED USERS ONLY. UNAUTHORIZED INDIVIDUALS ATTEMPTING TO USE THE SERVICES MAY BE SUBJECT TO PROSECUTION. CSI DOES NOT SEND E-MAILS ASKING FOR A USER'S USERNAME AND PASSWORDS OR ITS WINDOWS USERNAME AND PASSWORDS.

4.2 NO LIABILITY: CSI SHALL NOT BE LIABLE FOR ANY LOSS INCURRED BY YOU RESULTING FROM ANOTHER'S USE OF YOUR PASSWORDS, ACCOUNT, OR PUBLIC/PRIVATE KEY, AS MAY BE APPLICABLE, EITHER WITH OR WITHOUT YOUR KNOWLEDGE. HOWEVER, YOU MAY BE HELD LIABLE FOR LOSSES INCURRED BY CSI OR ANOTHER PARTY DUE TO ANOTHER'S USE OF YOUR PASSWORDS, ACCOUNT, OR PUBLIC/PRIVATE KEY. YOU SHALL NOT ACCESS OR USE SOMEONE ELSE'S ACCOUNT AT ANY TIME, WITHOUT THE PERMISSION OF THE ACCOUNT HOLDER.

5. END USER LICENSE AGREEMENT: THIS END USER LICENSE AGREEMENT (THIS "LICENSE") GRANTS A NON-EXCLUSIVE, NON-TRANSFERRABLE RIGHT AND LICENSE ALLOWING YOU ACCESS AND USE OF AN INSTANCE OF THE SOFTWARE HOSTED BY CSI UNDER CERTAIN RESTRICTIONS, TERMS, AND CONDITIONS SET FORTH HEREIN. YOU HEREBY CONSENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS LICENSE. THE SERVICES AND THE SOFTWARE ARE MADE AVAILABLE TO YOU THROUGH YOUR ACCOUNT FOR USE SOLELY BY YOU ACCORDING TO THE TERMS AND CONDITIONS OF THIS LICENSE. ANY REPRODUCTION OR REDISTRIBUTION OF THE SOFTWARE THROUGH YOUR ACCOUNT, WHICH IS NOT IN ACCORDANCE WITH THIS LICENSE, IS EXPRESSLY PROHIBITED BY LAW, AND MAY RESULT IN SEVERE CIVIL AND CRIMINAL PENALTIES. VIOLATORS WILL BE PROSECUTED TO THE MAXIMUM EXTENT POSSIBLE. CSI IS NOT TRANSFERRING TITLE TO THE SOFTWARE TO YOU.

6. DISCLAIMER OF WARRANTIES:
6.1 NO RESPONSIBILITY: ALTHOUGH CSI HAS ATTEMPTED TO PROVIDE ACCURATE INFORMATION WITH REGARD TO THE SERVICES AND SOFTWARE, CSI ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OR INACCURACY OF THE INFORMATION. CSI MAY CHANGE THE SERVICES AND SOFTWARE AT ANY TIME WITHOUT NOTICE. MENTION OF NON-CSI PRODUCTS OR SERVICES IS FOR INFORMATION PURPOSES ONLY AND CONSTITUTES NEITHER AN ENDORSEMENT NOR A RECOMMENDATION. USE OF THE SERVICES AND THE SOFTWARE IS AT THE YOUR OWN RISK.

6.2 AS IS: ALL INFORMATION, SERVICE, DOCUMENTATION, SERVICES AND SOFTWARE PROVIDED BY CSI PURSUANT ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

7. LIMITATIONS OF DAMAGES AND LIABILITY: 7.1 NO INDIRECT OR CONSEQUENTIAL DAMAGES: CSI AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT PRODUCT OR SERVICE, LOSS OR DAMAGE TO INFORMATION OR DATA ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES AND SOFTWARE. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL CSI BE LIABLE FOR DAMAGES RESULTING FROM USE OF THE SERVICES OR SOFTWARE, OR RELIANCE ON THE INFORMATION PRESENTED IN CONNECTION WITH THE SERVICES OR SOFTWARE, EVEN IF CSI OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7.2 LIMITATION OF DAMAGES: IN NO EVENT SHALL CSI'S TOTAL LIABILITY FROM ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER, IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO CSI, IF ANY, FOR THE SERVICES AND SOFTWARE DURING THE 12 MONTHS IMMEDIATELY BEFORE THE CLAIM AROSE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE ABOVE LIMITATIONS OF LIABILITY, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

7.3 SURVIVAL: ALL DISCLAIMERS, LIMITATIONS OF WARRANTIES AND DAMAGES, AND CONFIDENTIAL COMMITMENTS SET FORTH IN THESE TERMS OR OTHERWISE EXISTING AT LAW (A) ARE OF THE ESSENCE OF THE AGREEMENT OF THE PARTIES, AND (B) SURVIVE ANY TERMINATION, EXPIRATION OR RESCISSION OF THESE TERMS.

8. TITLE AND TRADEMARKS: TITLE, OWNERSHIP RIGHTS, AND INTELLECTUAL PROPERTY RIGHTS IN THE SOFTWARE SHALL REMAIN WITH COLLABORATIVE SOFTWARE FOUNDATION, AN OREGON NONPROFIT CORPORATION, WHICH DISTRIBUTES THE SOFTWARE UNDER AN OPEN-SOURCE LICENSE, WHICH ALLOWS DUAL LICENSING. BOTH THE SERVICES AND THE SOFTWARE ARE PROTECTED BY COPYRIGHT AND OTHER INTELLECTUAL PROPERTY LAWS AND BY INTERNATIONAL TREATIES. THE LICENSE GRANTED UNDER THESE TERMS GIVES YOU NO OWNERSHIP RIGHTS TO THE SAME. CSI, ASSOCIATED LOGOS, AND OTHER NAMES, LOGOS, ICONS AND MARKS IDENTIFYING CSI'S PRODUCTS AND SERVICES ARE TRADEMARKS OR SERVICE MARKS OF CSI (COLLECTIVELY THE "TRADEMARKS") AND MAY NOT BE USED WITHOUT THE PRIOR WRITTEN PERMISSION OF CSI ALL OTHER PRODUCT NAMES MENTIONED ARE USED FOR IDENTIFICATION PURPOSES ONLY AND MAY BE TRADEMARKS OF THEIR RESPECTIVE HOLDERS. NOTHING SHOULD BE CONSTRUED AS GRANTING, BY IMPLICATION, ESTOPPEL, OR OTHERWISE, ANY LICENSE OR RIGHT TO USE ANY TRADEMARKS WITHOUT THE WRITTEN PERMISSION OF CSI OR SUCH THIRD PARTY THAT MAY OWN THE TRADEMARKS. USE BY YOU OF THE TRADEMARKS EXCEPT AS PROVIDED IN THESE TERMS IS STRICTLY PROHIBITED.

9. FEES AND RENEWALS:
9.1 MONTH-TO-MONTH SUBSCRIPTION BY CREDIT CARD ONLY: IN THE EVENT THAT YOUR SUBSCRIPTION TO THE SERVICES IS MONTH-TO-MONTH, THE MONTHLY SUBSCRIPTION FEE WILL BE MADE BY PREAUTHORIZED CREDIT CARD CHARGE, OR SUCH OTHER ARRANGEMENTS AS YOU AND CSI SHALL SPECIFICALLY AGREE IN WRITING (INCLUDING E-MAIL), CHECK OR BANK DRAFT AGAINST AN INVOICE FROM CSI. YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW EACH CALENDAR MONTH UNLESS YOU OR CSI GIVE WRITTEN (INCLUDING E-MAIL) NOTICE OF NON-RENEWAL AT LEAST SEVEN (7) DAYS PRIOR TO THE EXPIRATION OF THE CURRENT MONTH SUBSCRIPTION. UPON YOUR MONTHLY RENEWAL, YOUR CREDIT CARD WILL BE CHARGED FOR THE MONTH OR PARTIAL MONTH IN WHICH YOUR CURRENT MONTHLY SUBSCRIPTION IS IN EFFECT, OR IF OTHER ARRANGEMENTS HAVE BEEN MADE BY YOU AND CSI SUCH AS INVOICING, ALL INVOICES SHALL BE DUE AND PAYABLE UPON RECEIPT. ALL MONTHLY SUBSCRIPTION FEES SHALL BE AT THE THEN CURRENT PUBLISHED MONTHLY SUBSCRIPTION FEES OF CSI.

9.2 ANNUAL SUBSCRIPTIONS: IN THE EVENT THAT YOUR SUBSCRIPTION TO THE SERVICES IS FOR A YEAR AND THE PAYMENT IS BY CREDIT CARD, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE BEGINNING OF EACH SUBSEQUENT ANNIVERSARY YEAR UNLESS YOU OR CSI GIVE PRIOR WRITTEN (INCLUDING E-MAIL) NOTICE OF NON-RENEWAL AT LEAST 30 DAYS PRIOR TO THE EXPIRATION OF CURRENT YEAR SUBSCRIPTION. UPON ANY ANNUAL RENEWAL, THE PAYMENT ARRANGEMENTS IN PLACE FOR THE PRIOR SUBSCRIPTION YEAR SHALL REMAIN IN PLACE, UNLESS YOU AND CSI AGREE OTHERWISE. IN THE EVENT THAT YOUR SUBSCRIPTION TO THE SERVICES IS FOR A YEAR AND THE INITIAL PAYMENT IS BY CHECK OR BANK DRAFT AGAINST AN INVOICE FROM CSI, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE BEGINNING OF EACH SUBSEQUENT ANNIVERSARY YEAR UNLESS YOU OR CSI GIVE PRIOR WRITTEN (INCLUDING E-MAIL) NOTICE OF NON-RENEWAL AT LEAST THIRTY (30) DAYS PRIOR TO THE EXPIRATION OF THE CURRENT YEAR SUBSCRIPTION. UPON ANY ANNUAL RENEWAL, THE PAYMENT ARRANGEMENTS IN PLACE FOR THE PRIOR SUBSCRIPTION YEAR SHALL REMAIN IN PLACE, UNLESS YOU AND CSI AGREE OTHERWISE.

9.3 FREE TRIAL SUBSCRIPTION: NOTWITHSTANDING THE FOREGOING PROVISIONS OF THESE TERMS, YOUR SUBSCRIPTION TO THE SERVICES AND SOFTWARE FOR THE FIRST 30 DAYS AFTER REGISTRATION ARE FREE AND DO NOT REQUIRE THE PAYMENT OF A SUBSCRIPTION FEE. IF YOU WISH TO CONTINUE TO USE THE SERVICES AND THE SOFTWARE AFTER SUCH 30 DAY TRIAL, YOUR SUBSCRIPTION SHALL BE GOVERNED BY SECTIONS 9.1 AND 9.2 ABOVE.

9.4 NO CANCELLATION: NOTWITHSTANDING ANY PROVISION OF THESE TERMS OR ANY COURSE OF DEALING BETWEEN THE PARTIES, YOU MAY NOT CANCEL, TERMINATE OR RESCIND A SUBSCRIPTION. ALL PAYMENTS BY YOU TO CSI ARE FINAL.

10. TERMINATION: CSI MAY IN ITS SOLE DISCRETION IMMEDIATELY TERMINATE THIS SUBSCRIPTION, LICENSE AND RIGHT TO USE THE SERVICE AND SOFTWARE IF (A)  YOU BREACH THESE TERMS; (B) CSI IS UNABLE TO VERIFY OR AUTHENTICATE ANY INFORMATION YOU PROVIDE TO CSI; (C) SUCH INFORMATION IS OR BECOMES INACCURATE; OR (D) CSI DECIDES, IN ITS SOLE DISCRETION, TO DISCONTINUE OFFERING THE SERVICE. CSI SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR TERMINATION OF THE SERVICES. UPON EXPIRATION OR TERMINATION FOR ANY REASON, YOU ARE NO LONGER AUTHORIZED TO USE THE SERVICES AND THE SOFTWARE. WHEN THESE TERMS ARE TERMINATED AND/OR YOUR SUBSCRIPTION IS CANCELED, YOU WILL NO LONGER HAVE ACCESS TO DATA AND OTHER MATERIAL YOU HAVE STORED IN CONNECTION WITH THE SERVICES AND THAT MATERIAL MAY BE DELETED BY CSI. ALL DISCLAIMERS, LIMITATIONS OF WARRANTIES AND DAMAGES, AND CONFIDENTIAL COMMITMENTS SET FORTH IN THESE TERMS OR OTHERWISE EXISTING AT LAW SURVIVE ANY TERMINATION, EXPIRATION OR RESCISSION OF THESE TERMS.

11.EXPORT LAW ASSURANCES: THE SOFTWARE MAY BE SUBJECT TO UNITED STATES EXPORT CONTROLS. NO SOFTWARE MAY BE DOWNLOADED OR EXPORTED (A) INTO (OR TO A NATIONAL OR RESIDENT OF) CUBA, IRAQ, LIBYA, NORTH KOREA, IRAN, SYRIA, OR ANY OTHER COUNTRY TO WHICH THE UNITED STATES HAS EMBARGOED GOODS; OR (B) ANYONE ON THE UNITED STATES TREASURY DEPARTMENT'S LIST OF SPECIALLY DESIGNATED NATIONALS OR THE U.S. COMMERCE DEPARTMENT'S TABLE OF DENY ORDERS. BY SUBSCRIBING TO THE SERVICES OR USING ANY OF THE SOFTWARE, YOU REPRESENT AND WARRANT THAT YOU ARE NOT LOCATED IN, UNDER THE CONTROL OF, OR A NATIONAL OR RESIDENT OF ANY SUCH COUNTRY OR ON ANY SUCH LIST.

12. MISCELLANEOUS
12.1 ENTIRE AGREEMENT: THESE TERMS REPRESENTS THE COMPLETE AGREEMENT CONCERNING THE SUBJECT MATTER OF THE TERMS AND LICENSE GRANTED HEREUNDER AND, EXCEPT AS SET FORTH HEREIN, MAY BE AMENDED ONLY BY A WRITING EXECUTED BY BOTH PARTIES.

12.2 GOVERNING LAW: THESE TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE COMMONWEALTH OF OREGON AND THE LAWS OF THE UNITED STATES, WITHOUT GIVING EFFECT TO ANY PRINCIPLES OF CONFLICT OF LAW. YOU AGREE THAT ANY ACTION AT LAW OR IN EQUITY ARISING OUT OF OR RELATING TO THESE TERMS SHALL BE FILED ONLY IN THE STATE OR FEDERAL COURTS LOCATED IN PORTLAND, OREGON, AND YOU HEREBY CONSENT AND SUBMIT TO THE PERSONAL JURISDICTION OF SUCH COURTS FOR THE PURPOSES OF LITIGATING ANY SUCH ACTION. THE PARTIES SPECIFICALLY DISCLAIM APPLICABILITY OF (A) THE UNITED NATIONS CONVENTION ON THE SALE OF GOODS AND (B) ANY INCOTERMS.

12.3 SEVERABILITY: IF ANY OF THE PROVISIONS OF THESE TERMS SHALL BE UNLAWFUL, VOID, OR FOR ANY REASON UNENFORCEABLE, THEN THAT PROVISION SHALL BE DEEMED SEVERABLE FROM THESE TERMS AND SHALL NOT AFFECT THE VALIDITY AND ENFORCEABILITY OF ANY REMAINING PROVISIONS.

12.4 PUBLICITY: CSI SHALL HAVE THE RIGHT TO PUBLISH THE IDENTIFICATION OF YOU AS A USER OF THE SERVICES. YOU AGREE THAT CSI MAY USE ANY LOGO AND/OR NAME ASSOCIATED WITH YOU ON CSI'S WEB SITE AND OTHER MARKETING MATERIALS IN ORDER TO IDENTIFY YOU AS CSI'S CUSTOMER.

12.5 NOTICES: NOTICES BY CSI TO YOU MAY BE SENT TO THE E-MAIL ADDRESS YOU MAY BE REQUIRED TO PROVIDE ON THE REGISTRATION FORM OR OTHERWISE BY ANY MEANS THAT CSI DETERMINES IN ITS SOLE DISCRETION AS LIKELY TO COME TO YOUR ATTENTION. ALL OTHER NOTICES IN CONNECTION WITH THESE TERMS SHALL BE IN WRITING AND SENT BY FIRST CLASS MAIL OR CERTIFIED MAIL (RECEIPT BEING DEEMED 72 HOURS AFTER POSTAGE AND RETURN RECEIPT REQUESTED) OR PERSONALLY DELIVERED AT THE ADDRESS OF THE PARTIES PROVIDED TO THE OTHER PARTY.

12.6 INDEMNIFICATION: YOU ARE RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR ACCOUNT AND PASSWORDS, AND YOU ARE ALSO RESPONSIBLE FOR ALL ACTIVITIES THAT OCCUR UNDER YOUR ACCOUNT. YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD CSI AND ITS AFFILIATES, OFFICERS, DIRECTORS, OWNERS, INFORMATION PROVIDERS, AGENTS, LICENSEES, LICENSORS (THE "INDEMNIFIED PARTIES") HARMLESS FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, COSTS, INCLUDING REASONABLE ATTORNEYS' FEES, INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY DEMAND, CLAIMS, ACTION, SUIT, OR LOSS ARISING AS A RESULT OF ANY BREACH BY YOU OF THESE TERMS OF USE OR CLAIMS ARISING FROM YOUR ACCOUNT. YOU AGREE TO USE YOUR BEST EFFORTS TO COOPERATE WITH CSI IN THE DEFENSE OF ANY DEMAND, CLAIM, ACTION OR SUIT. CSI RESERVES THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU AT CSI'S OWN EXPENSE.

12.7 SURVIVING OBLIGATIONS: THE CONFIDENTIALITY OBLIGATIONS UNDER THESE TERMS SHALL SURVIVE ANY TERMINATION, EXPIRATIONS, OR RESCISSION OF THESE TERMS, AS WELL AS CONTINUE BEYOND ANY TIME IN WHICH YOU WERE USING THE SERVICE.

12.8 DISPUTE RESOLUTION: IF YOU ARE NOT SATISFIED WITH THE SERVICES AND THE SOFTWARE, YOU AGREE TO GIVE CSI A WRITTEN DESCRIPTION OF THE PROBLEM(S) AND TO MAKE A GOOD FAITH EFFORT TO AMICABLY RESOLVE THE PROBLEM BEFORE COMMENCING ANY PROCEEDING. CSI ALSO AGREES TO MAKE A GOOD FAITH EFFORT TO AMICABLY RESOLVE ANY PROBLEM BEFORE COMMENCING ANY PROCEEDING. NO CLAIM OR ACTION, REGARDLESS OF FORM, ARISING OUT OF THIS AGREEMENT MAY BE BROUGHT BY EITHER PARTY MORE THAN ONE YEAR AFTER THE CAUSE OF ACTION HAS ACCRUED.

12.9 FORCE MAJEURE: NO PARTY SHALL BE LIABLE FOR ANY PERFORMANCE FAILURE, DELAY IN PERFORMANCE, OR LOST DATA UNDER THESE TERMS (OTHER THAN FOR DELAY IN THE PAYMENT OF MONEY DUE AND PAYABLE HEREUNDER) TO THE EXTENT SAID FAILURES OR DELAYS ARE PROXIMATELY CAUSED BY (A) FAILURES OF SOFTWARE OR OTHER COMPUTER PROGRAMMING, (B) NATURAL WEATHER EVENTS, OR (C) ANY OTHER CAUSES BEYOND THAT PARTY'S REASONABLE CONTROL AND OCCURRING WITHOUT ITS FAULT OR NEGLIGENCE, INCLUDING, WITHOUT LIMITATION, FAILURE OF SUPPLIERS, SUBCONTRACTORS, AND CARRIERS, OR PARTY TO SUBSTANTIALLY MEET ITS PERFORMANCE OBLIGATIONS UNDER THESE TERMS, PROVIDED THAT IN ANY SUCH EVENT, AS A CONDITION TO THE CLAIM OF NON-LIABILITY, THE PARTY EXPERIENCING THE DIFFICULTY SHALL GIVE THE OTHER PROMPT WRITTEN NOTICE, WITH FULL DETAILS FOLLOWING THE OCCURRENCE OF THE CAUSE RELIED UPON.