Welcome to PathLight's User Agreement. PathLight™ provides its application software and related services to a control entity ("Master User") through a master licensing agreement who, in turn, is entitled to grant such use of PathLight to additional sub-user licensees ("Secondary Users") (collectively referred to as, " User Group". For the purpose of this Agreement the terms "user," "user's," "you," "your" and "yours" applies to each Group User, individually and collectively and is used interchangeably to describe each of the Master User and Secondary User of PathLight under this Agreement. Only the Master User is required to be of legal age to contract with PathLight. Each Secondary User must indicate an acceptance of the terms of this Agreement in order to use PathLight.

This Agreement describes the terms and conditions applicable to your use of our services at http://www.mypathlight.com/ and our general principles of our marketing alliances, partners and affiliates. PathLight offers you a wide variety of online products and services, including general and personalized content, communication tools and forums, and online and downloadable applications (the "Service") on the following terms. By using the Service in any way you are agreeing to comply with these terms, which we may update without notice and encourage you to check out here at any time. You must be at least 18 years old and competent to enter into a contract to use the Service. Unless we expressly note otherwise, these terms incorporate and supersede any other terms associated with the files and applications available on the domain www.mypathlight.com, its sub-domains, and any international counterparts and sub-domains, as well as affiliated domains and sub-domains operated by Byte Size Tools, LLC, or PathLight ("PathLight", "we", or "us").
We may amend this Agreement at any time by posting the amended terms on our site. Except as stated below, all amended terms shall automatically be effective 30 days after they are initially posted on our site. This Agreement may not be otherwise amended except in a writing signed by you and PathLight. This agreement is effective on October 1, 2001.

You will not use the Service to distribute, link to, or solicit content that:
· is unlawful, harmful to minors, threatening, harassing, abusive, defamatory, vulgar, gratuitously violent, obscene, pornographic, libelous, invasive of another's privacy, or racially, ethnically or otherwise offensive;
· includes personally identifiable information about children;
· infringes someone else's intellectual property or other rights;
· advocates or solicits violence or other criminal conduct;
· violates any law, regulation, or contract;
· You will comply with all applicable laws and regulations regarding online conduct and content. You will not use the Service to collect, store, or use information about others for the purpose of sending unsolicited or unauthorized communications. Except as we specifically authorize (via license or otherwise), you will not reproduce, distribute, or commercially exploit any part of the Service.

Membership Eligibility
Our services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors or to temporarily or indefinitely suspended PathLight members. If you do not qualify, please do not use our services. Further, your PathLight account (including feedback) and User Id may not be transferred or sold to another party.

Accurate Information
You will provide accurate and current information ("Your Information") on all registration forms on the Service. You will not impersonate any person or entity, misrepresent your affiliation with a person or entity; or misrepresent the origin of any content distributed through the Service. Your Information (or any items listed): (a) shall not be false, inaccurate or misleading; (b) shall not be fraudulent; (c) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) shall not violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (e) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) shall not be obscene or contain child pornography (g) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and (i) You warrant that you are legally authorized to make any billing arrangements with any credit card or other debt instrument provided by You to PathLight.
Solely to enable PathLight to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. PathLight will only use Your Information in accordance with our Privacy Policy.

Privacy
We take your privacy seriously. Please view our comprehensive privacy policy. When you enter into transactions with or provide information to other companies providing content to the Service, you will be subject to their privacy policies.

Security / No Disruption
You are responsible for all activities that occur under your password or account, and will keep your password(s) confidential. You will immediately notify us of any unauthorized use of your password or account or any other breach of security. You will not disrupt the functioning of the Service, solicit another user's password, or otherwise act in a way that interferes with other users' use of the Service. Nor may you post or distribute any computer program that damages, detrimentally interferes with, surreptitiously intercepts, or expropriates any system, data, or personal information.

PathLight Application Software
The Service and any software it incorporates or downloads to you ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by us or the owner of such proprietary information, you will not modify, sell, or distribute works based on the Service or the Software.

Unless you are receiving the software pursuant to another license from PathLight in which case the specific provisions of that license exclusively apply, we grant you a personal, non-transferable, and non-exclusive license to use the code version of the Software on multiple computers, provided that you do not (and do not allow any third party to) copy, modify, reverse engineer, assign or otherwise transfer any right in the Software; and you will not modify the Software or access the Service by any means other than the one we provide.

Except as otherwise specifically noted in a license agreement, we provide no assistance other than the support information available on our website, or through our Customer Service Center at 1-800-540-PATH.

Dealings With Advertisers
A number of other companies may from time to time supply content to the Service and may make offers available to you. You deal with and enter into transactions with advertisers on or suppliers of content to the Service at your own risk. While the PathLight trademark will appear on all pages available via the Service to let you know that you are still within PathLight, we are not a party to any such transactions and are not liable for any claims or damages that may result from them.

Links to Third-Party Sites
We or third-party providers of content may provide links to other World Wide Web sites or resources. We do not control these sites and resources, do not endorse them, and are not responsible for their availability, content, or delivery of services.

Links to The Service
If you wish to link from your website to the Homepage of PathLight, please visit the PathLight Now Affiliate Program. You are granted a limited, non-exclusive license to create a hypertext link to other parts of the Service, provided that the link does not portray the Service, PathLight, or PathLight's affiliates in a false, misleading, or defamatory way. We may revoke this license at any time. You will not frame any aspect of the Service or any PathLight or PathLight's affiliates content or trademark.

Indemnity
You will indemnify Byte Size Tools, LLC, PathLight, and its subsidiaries, affiliates, officers, agents, and employees against any claim or demand, including reasonable attorneys' fees, related to content you distribute via the Service or your use of or conduct on the Service.

Disclaimer / Limitation of Liability
PathLight does not warrant that the information contained in its Service nor distributed from its site will be uninterrupted or error-free, that defects will be corrected, nor that this site or the server that makes it available are free of viruses or other harmful components. By using this Service, You, not PathLight, or its principals, agents, associates, consultants, strategic partners, affiliates, marketing alliances or employees, assume the entire cost of all necessary servicing, repair or correction of your computer hardware, software, or databanks.

WHILE WE USE REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON THE SERVICE, WE MAKE NO REPRESENTATIONS AS TO THE ACCURACY, QUALITY, TIMELINESS, AVAILABILITY, OR COMPLETENESS OF THE INFORMATION, SOFTWARE, PRODUCTS, OR OTHER MATERIALS AVAILABLE THROUGH THE SERVICE, AND YOU SHOULD NOT RELY UPON THEM.. YOU USE IT AT YOUR OWN RISK, AND PATHLIGHT, ITS EMPLOYEES, DISTRIBUTORS, DIRECTORS, AND AGENTS ARE NOT LIABLE FOR ANY ERRORS OR OMISSIONS IN ITS CONTENT OR DELIVERY, OR FOR ANY FORM OF LOSS OR DAMAGE (INCLUDING ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, OR EXEMPLARY DAMAGES, EVEN IF KNOWN TO US) THAT MAY RESULT FROM ITS USE. WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO WARRANTY NOT SET FORTH IN THIS AGREEMENT WILL BE VALID. IF ANY OF THE ABOVE PROVISIONS ARE VOID UNDER GOVERNING LAW, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Redistribution of material/information, news and reports nor any information provided by PathLight through its Service on its website (http:/www.mypathlight.com) site or any affiliated site provided by PathLight, or any of our members, associates, consultants, affiliates, strategic partners or marketing alliances is strictly prohibited. You agree by accessing using the PathLight service and/or by accessing this site or any affiliated site that any redistribution or duplication of the material/information, news and/or reports provided by PathLight, or any of our members, associates, consultants, affiliates, marketing alliances, strategic partners or employees, except as provided under the terms of this Master Use Agreement, would cause irreparable damage to PathLight, its members, associates, consultants, affiliates, marketing alliances, strategic partners and/or employees, individually and collectively, their existing or proposed partners; corporations; limited liability companies; consultants; strategic alliances; proposed corporation or proposed limited liability company; representatives and, agents. You agree that in the event of such redistribution and/or duplication that money damages would not be a sufficient remedy for any breach of this Master Use Agreement by You, or your directors, officers, employees, or agents, and that PathLight, and if the case may be, its members, associates, consultants, affiliates, marketing alliances, strategic partners or employee, shall be entitled to specific performance and/or injunctive relief as remedy for any such breach but shall be in addition to all other remedies at law or in equity. You further agree that no failure or delay in exercising any right, power or privilege under this Master Use Notice shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other of further exercise of any right, power, or privilege under this Master Use Agreement.

All information, Material, Service, information, news and reports provided by PathLight, PathLight, and Byte Size Tools, their logos and their respective products, trade names and service names, as well as any webcasting, digitized webcasting capabilities and technologies, along with all marketing concepts and strategies developed by PathLight, its affiliates, consultants, marketing alliances, employees or strategic partners, as well as Internet audio and video casting, satellite transmission, uplinking, downlinking, and other techniques provided by PathLight or its associates, affiliates, consultants, marketing alliances, strategic partners or employees, except where such are in the public domain, have been or are in the process of being copyrighted and/or trademarked as of the date of this Master Use Agreement and are, collectively and individually, the business and trade secrets of PathLight, or, as the case may be, its principals, agents, associates, consultants, marketing alliances or strategic partners and are protected under law.

Notices
Notices to you may be made via email you provide to PathLight during your registration, regular mail, notices posted on the Service, or changes to this Agreement. Except as explicitly stated otherwise, any notices shall be given by postal mail to PathLight. Attn: Legal Department 787 E. Hickory Hill Road, Argyle, Texas 76226 Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to PathLight during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.

Trademark Information
Our trademarks identify our products and services. You may make fair use of our trademarks in advertising and promotional materials, and in referring to our products and services (for example, in a magazine article) without our permission, provided you follow standard trademark usage practices and provide proper attribution. Other uses require our written permission. Please make such requests by email to mailto: permission@pathlight.com. All information, Material, Service, information, news and reports provided by PathLight, PathLight, and Byte Size Tools, their logos and their respective products, trade names and service names, as well as any webcasting, digitized webcasting capabilities and technologies, along with all marketing concepts and strategies developed by PathLight, its affiliates, consultants, marketing alliances, employees or strategic partners, as well as any Internet audio and video casting, satellite transmission, uplinking, downlinking, and other techniques provided by PathLight or its associates, affiliates, consultants, marketing alliances, strategic partners or employees, except where such are in the public domain, have been or are in the process of being copyrighted and/or trademarked as of the date of this Master Use Agreement and are, collectively and individually, the business and trade secrets of PathLight, or, as the case may be, its principals, agents, associates, consultants, marketing alliances or strategic partners and are protected under law.

You may never use our trademarks in the following ways:
· In a non-PathLight product name or publication title.
· In, as, or as part of your own trademarks.
· To identify products or services that are not PathLight's.
· To cause confusion.
· To suggest inaccurately that we sponsor, endorse, or are otherwise connected with your activities, products, or services.
· To disparage PathLight.
· In any other manner that PathLight or its users find offensive.

When you use our trademarks, please include the following attribution:
"PathLight and the Byte Size Tools, LLC logos are now or are pending registered trademarks of Byte Size Tools, LLC in the U.S. and other countries. [List other PathLight/Byte Size Tools product names used in your document] are also trademarks of Byte Size Tool, LLC and may be registered outside the U.S."

Except as noted above, you may not use, copy, or redistribute Byte Size Tools, LLC without written or electronic permission from Byte Size Tools or PathLight respectively. If you do not have a pre-existing agreement with Byte Size Tools, LLC or PathLight, you may request permission for logo use, but such permission is granted only infrequently. Send your request for permission to use a PathLight logo to permissions@pathlight.com, with "PathLight Logo Request" in the subject line. Please include a description of your company, which logo you want to use, why and how you want to use it, and a mockup showing the proposed use.

Copyright Information
We own intellectual property rights to the content on the Service and its design, structure, and compilation (sometimes known as "look and feel"). It is very easy to copy things in cyberspace, but not necessarily always acceptable or legal. You must have the legal right to any content you upload or download using the Service.

Unless otherwise noted, you may view, copy, download, and print PathLight documents from the Service so long as you use them only for personal, non-commercial purposes and do not post, distribute, or modify them or remove any copyright, trademark, or other proprietary notices. For permission to use third-party materials appearing on the Service, please contact the copyright owner.

To use screenshots of websites displayed within the PathLight Homepage as an illustration or background You must include a copyright attribution statement and not alter the Homepage frame, use an outdated Homepage version, suggest that PathLight has endorsed your work, or use the frame in an offensive fashion. If you wish to use the PathLight homepage in a different context, please send email to permissions@pathlight.com, with the words "PathLight Permission Request" in the subject line, including the following information:

· The PathLight content you wish to use and its URL.
· Where and how will it be used (for example, in an Internet use manual, in a newsletter, in a movie).
· Where, how, and to what audience copies will be distributed.
· How many copies will be produced and distributed.
· When you intend to publish.
· Other non-PathLight materials that will be associated with the PathLight content.
· Your name, title, company, address, email address, and phone number.
· A mockup of the intended use (either as a file attached to your email or by fax to (940-464-9105).

Claims of Copyright Infringement
If you believe that your work has been copied and is accessible on the Service in a way that constitutes copyright infringement, please email us at administrator@mypathlight.com for instructions on how to contact us.

Privacy
We use third parties to verify and certify our privacy principles. These organizations are dedicated to building trust in the Internet by having member organizations such as PathLight disclose information practices. Our policy on privacy is held to high standards by these independent third party organizations. Our current Privacy Policy is available at http://mypathlight.com/help/legal/privacy.

General Terms/Member Account, Password and Security
If a particular PathLight Site/Service requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You then will choose a password and an user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify PathLight immediately of any unauthorized use of your account or any other breach of security. PathLight will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by PathLight or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.

This Agreement constitutes the entire agreement between you and PathLight and governs your use of the Service, superseding any prior agreements. Additional or different terms and conditions may apply when you use affiliated websites, third-party content, or third-party software. Interpretations of the Agreement and determinations that you have breached the Agreement will be made at our reasonable discretion and based on facts known to us. Any legal controversy or legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by PathLight to collect our fees and/or recover damages for, or obtain an injunction relating to, the PathLight site operations, intellectual property, and our services, shall be settled by binding arbitration in accordance with the laws of the State of Texas except for its conflict-of-law provisions govern this Agreement and our relationship. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Texas for any claim or dispute with PathLight or any of its subsidiaries, affiliates, officers, agents, or employees. Venue and jurisdiction shall lie in Fort Worth, Tarrant County, Texas. Our failure to enforce any right under this Agreement will not waive that right. If any provision of this Agreement is invalid, the Agreement should be interpreted to affect the intent of the parties, and the remaining provisions will remain in effect. You must file any claim or suit related to the Service within one year after it arises. Any such controversy or claim shall be litigated on an individual basis, and shall not be consolidated in any cause of action with any claim or controversy of any other party. The cause of action or, as the case may, request for injunctive relive shall be conducted in Fort Worth, Tarrant County, Texas, and judgment on the final award may be entered into any court having jurisdiction thereof. Either you or PathLight may seek any interim or preliminary relief from a court of competent jurisdiction in Fort Worth, Texas necessary to protect the rights or property of you or PathLight pending the completion of the cause of action or claim, as the case may be. Should either party file an action contrary to this provision, the other party may recover all reasonable attorneys fees and costs related in defense to such claim or proceedings related thereto.

The section titles in this Agreement are for convenience only and have no substantive effect.

Privacy and Protection of Personal Information Given to PathLight
See the Privacy Statement at http://mypathlight.com/help/legal/privacy for disclosures relating to the collection and use of your information.

© 2001 Byte Size Tools, LLC. and PathLight are or are now pending trademarks of Byte Size Tools, LLC. All rights reserved.

Last Modified - 09/18/01