QiSoftware/ProfessionalProfiles Terms of Service Agreement
[Last Updated: September 29, 2007]

This agreement describes the terms in which you may access and use our services. As a QiSoftware/ProfessionalProfiles user, you agree to the terms of this agreement and understand the QiSoftware Privacy Policy. In the event inconsistencies or contradictions exist between the QiSoftware Privacy Policy and this Agreement, this Agreement shall prevail. If you do not agree to be bound by the terms of this Agreement, you may not use nor access the QiSoftware/ProfessionalProfiles service.

We reserve the right to modify this Agreement at any time, without prior notice. Notifications will be issued via amendments to this agreement. Your continued use of the QiSoftware/ProfessionalProfiles service constitutes your acceptance of the amended Agreement.

Description of Service
QiSoftware/ProfessionalProfiles is a professional profiles listing service.

Membership Eligibility
The QiSoftware/ProfessionalProfiles service is not available to minors under the age of 18 or to any users suspended or removed from the system by QiSoftware for any reason. Additionally, users are prohibited from selling, trading, or otherwise transferring their QiSoftware/ProfessionalProfiles account to another party. If you do not qualify, you may not use the QiSoftware/ProfessionalProfiles service.

Use of Service
Your use of the QiSoftware/ProfessionalProfiles is governed by this User Agreement. QiSoftware/ProfessionalProfiles may refuse service without prior notice to any user for any or no reason. You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account with or without your knowledge. If you knowingly provide your login and password information to another person, your account privileges may be suspended temporarily or terminated. You agree to immediately notify QiSoftware of any unauthorized use of your password or account or any other breach of security. QiSoftware cannot and will not be liable for any loss or damage arising from your failure to comply with this agreement.

Termination
You agree that QiSoftware/ProfessionalProfiles may, with or without cause, immediately terminate your account and access to QiSoftware/ProfessionalProfiles services without prior notice. Without limiting the foregoing, the following will lead to a termination by QiSoftware/ProfessionalProfiles of a user's account (a) breaches or violations of this User Agreement or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), and (d) unexpected technical issues or problems. Termination of your QiSoftware/ProfessionalProfiles account includes removal of access to all offerings within the QiSoftware/ProfessionalProfiles Service and may also bar you from further use of QiSoftware/ProfessionalProfiles. Furthermore, you agree that all terminations shall be made in QiSoftware's sole discretion and that QiSoftware shall not be liable to you nor any third-party for any termination of your account or access to the QiSoftware/ProfessionalProfiles Service.

User Conduct
You understand and agree not to use QiSoftware/ProfessionalProfiles to:

• Post content or initiate communications which are unlawful, libelous, abusive, obscene, discriminatory, or otherwise objectionable.
• Use the QiSoftware/ProfessionalProfiles Service for any illegal purpose, including but not limited to conspiring to violate laws.
• Falsely state, impersonate, or otherwise misrepresent your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present.
• Upload, post, email, transmit or otherwise make available any content or initiate communications which include information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
• Upload, post, email, transmit or otherwise make available any content or initiate communication that infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights.
• Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation. This prohibition includes but is not limited to (a) Using QiSoftware/ProfessionalProfiles invitations to send messages to people who are unlikely to recognize you as a known contact; (b) Using QiSoftware/ProfessionalProfiles to connect to people who don't know you and then sending unsolicited promotional messages to those direct connections without their permission; and (c) Sending messages to distribution lists, newsgroup aliases, or group aliases.
• Upload, post, email, transmit or otherwise make available any material 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.
• Stalk or harass other users.
• Forge headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the QiSoftware/ProfessionalProfiles Service.
• Post content in fields that aren't intended for that content. Example: Putting an address in a name or title field.
• Interfere with or disrupt the QiSoftware/ProfessionalProfiles Service or servers or networks connected to the QiSoftware/ProfessionalProfiles Service, procedures, policies or regulations of networks connected to the QiSoftware/ProfessionalProfiles Service.

International Use
Recognizing the global nature of the Internet, you agree to comply with all applicable local rules including but not limited to rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

Information Provided on this Website
In the course of using QiSoftware/ProfessionalProfiles, users may provide information about themselves which may be visible to certain other users (see our Privacy Policy to learn more about information collected on this website). You understand that by posting materials on the QiSoftware/ProfessionalProfiles website or otherwise providing materials to QiSoftware/ProfessionalProfiles, you are granting to QiSoftware/ProfessionalProfiles a royalty-free, irrevocable license to use this information in the course of offering the QiSoftware/ProfessionalProfiles service. Furthermore, you understand that QiSoftware/ProfessionalProfiles retains the right to reformat, excerpt, or translate any materials submitted by you. You understand that all information publicly posted or privately transmitted through the QiSoftware/ProfessionalProfiles service is the sole responsibility of the person from which such content originated and that QiSoftware/ProfessionalProfiles will not be liable for any errors or omissions in any content. You understand that QiSoftware/ProfessionalProfiles cannot guarantee the identity of any other users with whom you may interact in the course of using the QiSoftware/ProfessionalProfiles Service. Additionally, QiSoftware/ProfessionalProfiles cannot guarantee the authenticity of any data which users may provide about themselves or relationships they may describe.

QiSoftware/ProfessionalProfiles also extracts and summarizes information from other sources across the Internet. This information may be inaccurate or mistakes made when extracting the information. QiSoftware/ProfessionalProfiles assumes no responsibility regarding the accuracy of the information that is provided by QiSoftware/ProfessionalProfiles. Once we have collected information about a person / company, we combine multiple mentions of the same person into an individual ProfessionalProfile. The resulting summary is then made available to the public through QiSoftware/ProfessionalProfiles.

Additionally, QiSoftware/ProfessionalProfiles allows users to create and/or update their own Profile(s). Any information provided by a user to be part of his or her Profile will be available to the public as part of the QiSoftware/ProfessionalProfiles service-- unless the submitter has marked information that can be private, as private. Users who create and/or update their own Profile can change or delete any information they provide. Please use caution when posting personal identifiable information.

Access to Service
Use of manual or automated software, devices, or other processes to "crawl" or "spider" any web pages contained in the QiSoftware/ProfessionalProfiles website is strictly prohibited. You agree not to monitor or copy, or allow others to monitor or copy, web pages or the content included herein. You also agree not to "frame" or otherwise simulate the appearance or function of the service ("QiSoftware/ProfessionalProfiles"). Furthermore, you agree not to take any action that interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses.

The service currently resides at the Internet URL-- http://pros.hosting-q.com/. Hosting-Q is another service of QiSoftware.

Communications
In the course of providing you services, QiSoftware/ProfessionalProfiles may need to communicate with you via email (see our Privacy Policy to learn more about communications). You agree to receive emails which are specific to your account and necessary for the normal functioning of the QiSoftware/ProfessionalProfiles service.

Monitoring and Enforcement
While we have the right to monitor activity and content associated with QiSoftware/ProfessionalProfiles service, we are not obligated to do so. And since we do not, and may not have the ability to, control or actively monitor content we don't guarantee its accuracy, integrity or quality. Because community standards vary and individuals sometimes choose not to comply with our policies and practices, in the process of using our website, you may be exposed to content that you find offensive or objectionable. You can contact our QiSoftware [address below] to let us know of content that you find objectionable. We may investigate the complaints and violations that come to our attention and may take any action that we believe is appropriate, including, but not limited to issuing warnings, removing the content or terminating accounts and/or subscriptions. However, we also reserve the right not to take any action. Under no circumstances will we be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any content on the website.

Use
You are responsible for the content and accuracy of all information submitted by you to the QiSoftware/ProfessionalProfiles service. Because of the volume of information submitted to the QiSoftware/ProfessionalProfiles service, QiSoftware cannot be responsible for verifying facts contained in Submitted Materials.

QiSoftware/ProfessionalProfiles reserves the right (i) to reject or edit Submitted Materials; and (ii) to remove any press release from its web site, pull any press release from distribution or deny approval to any press release. QiSoftware/ProfessionalProfiles can only remove Submitted Materials from its network, and QiSoftware/ProfessionalProfiles makes no representation or warranty regarding the removal of Submitted Materials from sites outside of the QiSoftware network.

QiSoftware/ProfessionalProfiles endeavors to disseminate Submitted Materials promptly and accurately. Any inadvertent errors made by QiSoftware/ProfessionalProfiles will be corrected promptly upon discovery, without additional charge to the user. Obligation to correct errors made by QiSoftware/ProfessionalProfiles shall be the sole responsibility of QiSoftware/ProfessionalProfiles. All Submitted Materials transmitted by QiSoftware/ProfessionalProfiles must contain (at least) a user-supplied contact name and phone number and a clearly identifiable source. The source gives legitimacy to the release by indicating who is responsible for the content and cannot be the name of an agency issuing news on your behalf.

You agree to use the Service for its intended purpose and not for any illicit purposes including, but not limited to, the reverse engineering of the site and/or its processes and the inclusion of such processes or services in a derivative service. You shall not query, spider or access any QiSoftware systems without the express written consent of QiSoftware.

Fees
There is no fee to register with the QiSoftware/ProfessionalProfiles service. There is a fee to list a professional profile with the QiSoftware/ProfessionalProfiles service. Annual fees for listings maintained with the QiSoftware/ProfessionalProfiles service are billed on a yearly basis from the date of the initial profile submission. QiSoftware reserves the right to modify the pricing of, add to, or discontinue the QiSoftware/ProfessionalProfiles service or any portion thereof without prior notice.

Right of Cancellation
The User may cancel registration for the Free or Premium Membership in writing (e.g. by letter, fax or email) without stating a reason. All Premium Memberships are month-to-agreements with the ability to cancel at anytime. WHEN YOU CANCEL YOUR ACCOUNT, YOUR ACCOUNT WILL REMAIN ACTIVE UNTIL THE END OF YOUR CURRENT SUBSCRIPTION TERM UNLESS OTHERWISE TERMINATED. SUBSCRIPTION FEES WILL NOT BE PRORATED OR REFUNDED FOR PARTIAL-MONTH USAGE. SUBSCRIPTION FEES CHARGED TO YOUR ACCOUNT AFTER RECEIPT OF YOUR CANCELLATION WILL BE REFUNDED.

Indemnification
By accepting this User Agreement, you agree to indemnify and otherwise hold harmless QiSoftware, its officers, employees, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages resulting from (i) your use of the QiSoftware/ProfessionalProfiles, (ii) unauthorized access to or alteration of your communications with or through QiSoftware/ProfessionalProfiles, or (iii) any other matter relating to QiSoftware/ProfessionalProfiles. Any business transactions which may arise between users from their use of QiSoftware/ProfessionalProfiles are the sole responsibility of the users involved.

Without limitation of the terms and conditions set forth in our Privacy Policy, you understand and agree that QiSoftware may disclose personally identifiable information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to comply with legal process, enforce this User Agreement, or protect the rights, property, or safety of QiSoftware, its users, and the public.

Disclaimer of Warranties
YOU UNDERSTAND AND AGREE THAT THE QiSoftware/ProfessionalProfiles SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THAT QiSoftware DOES NOT ASSUME ANY RESPONSIBILITY FOR PROMPT OR PROPER DELIVERY, OR RETENTION OF ANY USER INFORMATION OR COMMUNICATIONS BETWEEN USERS. QiSoftware ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OR EXISTENCE OF ANY COMMUNICATIONS BETWEEN USERS. QiSoftware EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

QiSoftware MAKES NO WARRANTY THAT (i) THE QiSoftware/ProfessionalProfiles SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE QiSoftware/ProfessionalProfiles SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE QiSoftware/ProfessionalProfiles SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE QiSoftware/ProfessionalProfiles SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE QiSoftware/ProfessionalProfiles SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM QiSoftware OR THROUGH OR FROM THE QiSoftware/ProfessionalProfiles SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS USER AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY.

Entire Agreement
The User Agreement constitutes the entire agreement between you and QiSoftware/ProfessionalProfiles and governs your use of the QiSoftware/ProfessionalProfiles Service, superseding any prior agreements between you and QiSoftware/ProfessionalProfiles.

Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT QiSoftware SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF QiSoftware HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL QiSoftware's TOTAL CUMULATIVE DAMAGES EXCEED [one] $1.00 USD.

Governing Law
The User Agreement between you and QiSoftware/ProfessionalProfiles will be governed by and construed in accordance with the laws of the United States and the State of Maryland.

General Information
QiSoftware, QiSoftware/ProfessionalProfiles, the QiSoftware logo, Hosting-Q, and other QiSoftware logos and names are trademarks of QiSoftware. You agree not to display or use these trademarks in any manner without QiSoftware's prior, written permission.

Please send any questions or comments, or report violations of the User Agreement to:
QiSoftware/ProfessionalProfiles
Attn: User Agreement Issues
8630-M Guilford Rd #276
Columbia, MD 21046