Last revised September 21, 2005

Charter Software Inc. ("Charter") provides the information and services on its World Wide Web site(s) (the "Site") under the following terms and conditions.

Please read this Agreement carefully before accessing or using the Service. By accessing or using the Service, you agree to be bound by the terms and conditions set forth below. If you do not wish to be bound by these terms and conditions, you may not access or use the Service and/or the Site. Charter may modify this Agreement at any time, and such modifications shall be effective immediately upon posting of the modified Agreement. You agree to review the Agreement periodically to be aware of such modifications and your continued access or use of the Service and/or the Site shall be deemed your conclusive acceptance of the modified Agreement.

Laws and Regulations
Access to and use of this Site are subject to all applicable international, federal, state and local laws and regulations. User agrees not to use the Site in any way which violates such laws or regulations.

Copyright and Trademarks
The information available on or through this Site and the trademarks, logos and service marks ("Marks") displayed on the Site are the property of Charter and other parties. Users are prohibited from using any Marks for any purpose including, but not limited to use as meta tags on other pages or sites on the World Wide Web without the written permission of Charter or such third party which may own the Marks. All information and content including any software programs available on or through the Site ("Content") is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, reverse engineering, creating derivative works or using any Content available on or through the Site for commercial or public purposes. For questions concerning trademark ownership, usage, or infringement, please Email Charter Software , attention Support Supervisor.

Tampering
User agrees not to modify, move, add to, delete or otherwise tamper with the information contained in Charter's Web Site. User also agrees not to decompile, reverse engineer, disassemble or unlawfully use or reproduce any of the software, copyrighted or trademarked material, trade secrets, or other proprietary information contained in the Site.

Third Party Information
Although Charter monitors the information on the Site, some of the information is supplied by independent third parties. While Charter makes every effort to insure the accuracy of all information on the Site, Charter makes no warranty as to the accuracy of any such information.

Links to Third Party Sites
This Site may contain links that will let you access other Web sites that are not under the control of Charter. The links are only provided as a convenience and Charter does not endorse any of these sites. Charter assumes no responsibility or liability for any material that may accessed on other Web sites reached through this Site, nor does Charter make any representation regarding the quality of any product or service contained at any such site. User should be aware that linked sites may contain rules and regulations, privacy provisions, confidentiality provisions, transmission of personal data provisions, and other provisions that differ from the provisions provided on the Site. Charter is not responsible for such provisions, and expressly disclaims any and all liability related to such provisions. Access to any other Internet sites linked to the Site is at the user's own risk.

Links from Third Party Sites
Charter prohibits caching, unauthorized hypertext links to the Site and the framing of any Content available through the Site. Charter reserves the right to disable any unauthorized links or frames and specifically disclaims any responsibility for the Content available on any other Internet sites linked to the Site.

No Warranties
All content, products, and services on the Site, or obtained from a website to which the Site is linked (a "linked site") are provided to you "as is" without warranty of any kind either express or implied including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy. Charter periodically adds, changes, improves, or updates the information and documents on this Site without notice. Charter assumes no liability or responsibility for any errors or omissions in the content of this Site. Charter does not endorse and is not responsible for (a) the accuracy or reliability of any opinion, advice or statement made through the Site or a linked site by any party other than Charter, or (b) the capabilities or reliability of any product or service obtained from a linked site. Other than as required under applicable consumer protection law, under no circumstance will Charter be liable for any loss or damage caused by a user's reliance on information obtained through the Site or a linked site, or user's reliance on any product or service obtained from a linked site. It is the responsibility of the user to evaluate the accuracy, completeness or usefulness of any opinion, advice or other content available through the Site, or obtained from a linked site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, product, service, or other content. Your use of this Site is at your own risk.

Limitation of Liability
The information, software, products and descriptions of services published on the Site or a linked site may include inaccuracies or typographical errors, and Charter specifically disclaims any liability for such inaccuracies or errors. Changes are periodically made to the information on the Site and linked sites. Charter may make improvements or changes to the Site at any time.

Under no circumstances shall Charter be liable for any damages suffered by you, including any incidental, special or consequential damages (including, without limitation, any lost profits or damages for business interruption, loss of information, programs or other data) that result from access to, use of, or inability to use this Site or due to any breach of security associated with the transmission of information through the internet, even if Charter was advised of the possibility of such damages.

You agree that Charter, its affiliates and any of their respective officers, directors, employees, or agents will not be liable, whether in contract, tort, strict liability or otherwise, for any indirect, punitive, special, consequential, incidental or indirect damages (including without limitation lost profits, cost of procuring substitute service or lost opportunity) arising out of or in connection with the use of the Site or a linked site, or with the delay or inability to use the Site or a linked site, even if Charter is made aware of the possibility of such damages. This limitation on liability includes, but is not limited to, the transmission of any viruses which may infect a user's equipment, failure of mechanical or electronic equipment or communication lines, telephone or other interconnect problems (e.g., you cannot access your internet service provider), unauthorized access, theft, operator errors, strikes or other labor problems or any force. Charter cannot and does not guarantee continuous, uninterrupted or secure access to the Site.

Privacy
Protecting the privacy of our clients and users of our Sites is important to Charter. The Charter Internet Privacy Statement . describes how we use and protect information you provide to us.

Security
Data transmitted to and from Charter client Sites is encrypted for the user's protection. However, the security of information transmitted through the Internet can never be guaranteed. Charter is not responsible for any interception or interruption of any communications through the Internet or for changes to or losses of data. User is responsible for maintaining the security of any password, user ID, or other form of authentication involved in obtaining access to password protected or secure areas of Charter Sites. In order to protect you and your data, Charter may suspend your use of a client site, without notice, pending an investigation, if any breach of security is suspected.

Transmission of Personal Data
User acknowledges and agrees that by providing Charter with any personal information through the Site, user consents to the transmission of such personal user information over international borders as necessary for processing in accordance with Charter's standard business practices and the Charter Internet Privacy Statement.

Users should be aware that Linked Sites may contain transmission of personal data provisions that differ from the provisions provided herein. Charter is not responsible for such provisions, and expressly disclaims any and all liability related to such provisions.

Changes to Terms of Use
Charter reserves the right to revise these Terms of Use at any time and users are deemed to be apprised of and bound by any changes to these Terms of Use.

Violations of Rules and Regulations
Charter reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including the right to block access from a particular Internet Site.

Access to Password Protected/Secure Areas
Access to and use of password protected and/or secure area of the Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.

Use of "Cookie" File Features
Charter reserves the right to store information on a user's computer in the form of a "cookie" or similar file for purposes of modifying the Site to reflect users' preferences. The Charter Internet Privacy Statement. provides additional information regarding Charter's use of cookies as well as procedures for disabling cookies.

Failure to Comply With Terms of Use and Termination
You acknowledge and agree that Charter may terminate your password or account or deny you access to all or part of the Service without prior notice if you engage in any conduct or activities that Charter in its sole discretion believes violate any of the Terms of Use, violate the rights of Charter, or is otherwise inappropriate for continued access.

You acknowledge and agree that Charter may in its sole discretion deny you access through Charter to any materials stored on the Internet, or to access third party services, merchandise or information on the Internet through Charter, and Charter shall have no responsibility to notify any third-party providers of services, merchandise or information nor any responsibility for any consequences resulting from lack of notification.

You agree to defend, indemnify and hold Charter and its affiliates harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use of the Service or the placement or transmission of any message, information, software or other materials through the Service by you or users of your account or related to any violation of these Terms of Use by you or users of your account.

Procedure for Making Claims of Copyright Infringement
Pursuant to the Digital Millennium Copyright Act, Charter has registered an agent with the U.S. Copyright Office. Notices of claimed copyright infringement on the Site should be directed to: Charter Software Inc., 5951 S Middlefield, Suite 200, Littleton, CO 80123, Attn: Support Supervisor.

Jurisdiction/Governing Law
These terms and conditions shall be governed and construed in accordance with the laws of the State of Colorado, USA, and applicable federal laws without regard to conflicts of law principles. User agrees that any and all proceedings relating to this Site and the subject matter contained herein shall be maintained in the courts of the state of Colorado or the federal district courts sitting in Colorado, which courts shall have exclusive jurisdiction for such purpose.