APPLIES TO THE QPYN SYSTEM FOR
THE USE OF OR RECEIVING OF A PYN

THE AGREEMENT

1. USING THE QPYN SERVICE

ANY AND ALL USE OF THE QPYN SERVICE IS SUBJECT TO THESE UNIVERSAL TERMS AND CONDITIONS, AND ANY APPLICABLE LAWS. BY USING ANY ASPECT OF THE SERVICE YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION AND AGREE TO ABIDE BY THE FOLLOWING TERMS AND CONDITIONS.

The following disclaimer and terms of use apply to all pyn's issued by Qpyn. It is hereby understood that anyone using the Qpyn service will have read this disclaimer and terms & conditions of use prior to receiving or using a pyn or the downloading of a widget, toolbar or gadget, and have thereby agreed to the terms & conditions as follows, as a prerequisite condition prior to use;

2. QPYN CLIENT REPRESENTATIONS AND WARRANTIES:

All free pyns are randomly selected or generated by Qpyn for directly accessing specific Internet content related to a “URL” and or data in or associated within a Website for which the pyn is related: The user agrees to comply with Qpyn user guidelines as may be in effect from time to time and that the 'pyn' will be for a either a short term email hyperlink or for a non-commercial URL, a media (print,TV, radio) reference, a direct link to a social site such as Facebook, mySpace etc personal entry, or YouTube video, or an individuals blog. For commercial, governmental or institutional usage, please contact info@qpyn..co.uk;

For commercial use any information or data that the Client (including its agents or representatives) has entered or will enter under any Qpyn Service is and will be both accurate and complete and that the generating of a pyn will be in accordance with the guidlines as set by Qpyn from time to time as required.

Paid for pyns or personalised pyns are on a first come basis. This however excludes the creating of a specific name that is a trademark or is copyright owned by a third party, in the event that the use of the name becomes a legal contest as to ownership, Qpyn will, unless the contested owner indemnifies Qpyn by placing a bond sufficient to cover any legal costs incurred by Qpyn, remove the pyn until the outcome of any legal action or settlement.

2a. By creating a pyn for navigating the Internet, or a photo, email pyn, you agree that it;

does not violate any applicable law or regulation;

does not infringe in any manner any third party rights, including, without limitation copyright, patent, trademark, trade secret or other intellectual property right or right of privacy or publicity;

is not false or misleading;

has not and will not result in any consumer fraud, product liability, breach of contract, injury, damage or harm of any kind to any person or entity;

is not defamatory, libellous, slanderous, or threatening;

is free of viruses, Trojan horses, or other computer programming routines that are intended to, or have the capacity to, damage, interfere with, intercept or expropriate any system data or personal information or cause denial of service.

does not contain any form of spy ware, or other software that is installed in a user's computer to collect information or is installed without the express consent of the user; and do not contain, link to or promote any of the following: violence, hate crimes (whether racial or otherwise), illegal activities, discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.

is not being used as a bouncing facility for forwarding spamming emails or sites, any use involving this illegal practice will be terminated.

3. CLIENTS RESPONSIBILITY

The Client further agrees as follows:

The Client will not hold Qpyn or its affiliates liable or responsible for the activities of visitors who come to the Advertiser's site(s) through a link provided from the Qpyn service. Clients that sell or promote adult materials, alcohol or tobacco products, or other age restricted products and/or services must use the Qpyn service adult content section or have the content blocked, there should also be age verification on their Web sites. home page and in any sales process in compliance with all applicable laws and regulations, and such Clients do not offer such products and/or services in jurisdictions in which they are prohibited or are in any way restricted. In no circumstances shall Qpyn be held responsible for an Clients content or the censorship of same. The Client further warrants that censorship of content forwhateversoreason by Qpyn is at Qpyn's sole discretion and the Client will not hold Qpyn or its affiliates liable for any loss sustained by the Client through Qpyn's actions.

4. INDEMNIFICATION & OBLIGATIONS:

Client agrees to indemnify, defend and hold harmless Qpyn, its distribution partners, its licensors and licensees, and affiliated companies, and any of their officers, directors, employees, representatives and agents, from and against all claims, actions, liabilities, losses, expenses, damages and costs (including without limitation, attorneys. fees) that may at any time be incurred by any of them by reason of any claims, suits or proceedings (collectively being referred to herein as a "Claim") for, including without limitation, libel, violation of right of privacy or publicity, copyright infringement, trademark infringement or other infringement of any third party right, fraud, false advertising, misrepresentation, product liability or violation of any law, statute, ordinance, rule or regulation in connection with the Client's Web site(s) or contents therein, Client’s conduct, acts or omissions, or any alleged or proven breach by Client of any term, condition, agreement, representation or warranty hereunder. Qpyn will notify the Client of any claim, action or demand for which indemnity is required in the reasonable opinion of directors of Qpyn and will cooperate reasonably with Client at Client's expense.

QPYN MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND, EITHER EXPRESS OR IMPLIED WITH RESPECT TO THE QPYN SERVICE, OR THE FUNCTIONALITY, PERFORMANCE OR RESULTS OF USE THEREOF, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, AND DOES NOT WARRANT OR GUARANTEE THAT THE QPYN SERVICE OR OPERATION THEREOF WILL BE UNINTERRUPTED, ERROR-FREE OR WILL MEET CLIENTS.S REQUIREMENTS, AND SHALL NOT BE LIABLE FOR THE CONTENT OF ANY WEB SITES ACCESSED USING THE QPYN GT. QPYN WILL NOT BE LIABLE FOR, OR CONSIDERED TO BE IN BREACH OF OR IN DEFAULT, ON ACCOUNT OF ANY DELAY OR FAILURE TO PERFORM AS ANTICIPATED BY THE PARTIES, INCLUDING, WITHOUT LIMITATION, A DELAY IN UPDATING ANY DATA BY ADVERTISER, OR IF ANY OF QPYN'S SERVICES BECOME INOPERABLE OR INCAPABLE OF PERFORMING AS INTENDED. QPYN WILL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES IN CONNECTION WITH THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, DAMAGES RELATING TO THE LOSS OF PROFITS, INCOME OR GOODWILL, THE REJECTION OR REMOVAL OF ANY ADVERTISING DATA, OR ANY DELAY IN DISPLAYING EVEN IF AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL QPYN'S LIABILITY FOR MONETARY DAMAGES UNDER THIS AGREEMENT EXCEED THE AMOUNT PAID BY CLIENT TO QPYN FOR THE SERVICES WHICH IS THE BASIS OF LIABILITY OR THE AMOUNT PAID BY CLIENT TO QPYN IN THE LAST ONE (1) MONTH, WHICHEVER IS LESS.

5. CONFIDENTIAL

Through your participation in the Program, you may receive or have access to, certain confidential or proprietary information belonging to Qpyn, including but not limited to, software descriptions, pricing, technology, methods, processes and other information You shall not at any time, whether before or after the termination of your use of the Service,
(i) sell, license, transfer or otherwise make available to any person any information that you may have received in confidence,
(ii) use any Confidential Information for any purpose other than your participation with the provided Service, or
(iii) reproduce or otherwise copy any Confidential Information, except as necessary in connection with the purpose for which such Confidential Information is disclosed to you or is required by applicable law. All Confidential Information shall at all times remain the property of Qpyn and all documents, electronic media and other tangible items containing or relating to any Confidential Information shall be delivered to Qpyn.

6. RIGHT TO REFUSE SERVICE:

In its sole discretion, Qpyn may refuse, cancel or remove requested URL links, at any time and with or without notice. All free Qpyn references incur no charges to the Client or user accessing a website location. There will be a selection of Qpyn references that will incur a payment for use by commercial establishments that are not set up as a charity or non-profit organisations excluding government agencies. These will be on a first come basis and on a request from the client for a unique reference. Qpyn also has the express right to maintain an anti squatter policy by setting minimum charges against non used account references that Qpyn at it's sole discretion feels are being held either to sell on to third parties or are deliberately being blocked for whateversoreason. There will be a limit on the number of Qpyn's that may be requested unless prior arrangements are made between Qpyn and the Client. Qpyn maintains the absolute right to remove a Qpyn account reference link at its sole discretion as spelt out in this agreement.

7. QPYN IP

The SERVICE, and everything incorporated or used in connection with the SERVICE, including but not limited to software, designs, graphics, text, methods, processes, technology and other intellectual property, patents and patent pending are owned, or authorized for use, by Qpyn. By using the Qpyn service, you acknowledge such rights. Except as expressly set forth in these Terms and Conditions, you may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way any part of the Program without the prior written consent of Qpyn. The Client further agrees to place the Qpyn reference data in print in one of the methods shown in the received pyn page i.e. qpyn.com[paris],Q[paris] or cut and pasting the hyperlink when placing it in print or other visible media.

8. WARRANTIES

Neither Qpyn nor any nominee service provider make any warranties, express or implied, and make no express or implied warranties of merchantability or fitness for a particular purpose or use. Neither Qpyn nor any nominee service provider shall have any liability for the accuracy or the contents of any advertisements, or for assertions or omissions therein. No party shall be liable to any other party or any third-party for third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages. Qpyn reserves the right to remove any data relating to any advertisements for any reason. In no case shall Qpyn be liable for any costs or events that occur beyond its control including, but not limited to, network outages, Internet connectivity problems attack by hackers or denial of service attacks and client side malicious actions causing short or long term service access problems or other issues. By placing the Terms and Conditions on the Internet within the Qpyn web site shall serve as notification of any changes to the said Terms and Conditions. Qpyn contact: info@qpyn.co.uk phone 44.78 10 10 18 10 .

Copyright 2004/8 Qpyn