SPARKGAP.NET provides and delivers various software applications that display delayed and real-time information including but not limited to DX spots, PBBS messages and other amateur related subjects. All use of this service is conditioned by the acceptance without modification of the terms, conditions, and notices contained in this Agreement. By executing an agreement with SPARKGAP.NET via clicking on the "I Accept" button at the end these terms and conditions, the user acknowledges that they have read and understand the contents of this Agreement and agree to be legally bound thereby.

User agrees not to disseminate and charge for the data provided by SPARKGAP.NET for any external use, including providing SPARKGAP.NET delivered data to its users, or to any third parties. Automated query systems are strictly prohibited. Any use of such systems will result in immediate termination of access.

3. PROPRIETARY AND TRADEMARK RIGHTS

Customer acknowledges and agrees that: (a) SPARKGAP.NET is and shall continue to be the absolute owner of the software used to deliver as a part of this service; (b) Customer's right to use said data and software is derived solely from these terms and conditions; and (c) Such right is expressly limited pursuant to these terms and conditions. Customer shall at no time assert any claim of ownership over the software and data by reason of its use thereof and shall not grant or create or suffer to exist any lien or other security interest in it or any of its rights hereunder.

Customer hereby acknowledges that the data information is provided "as is" and that there is no guarantee directly or indirectly implied as to its accuracy.

4. LIMITATION ON LIABILITY

The information provided with SPARKGAP.NET's services is believed to be reliable and SPARKGAP.NET agrees to run reasonable control checks thereon to verify that the data transmitted by SPARKGAP.NET is the same as the data received from the various sources. However, SPARKGAP.NET does not warrant or guarantee such accuracy and shall not be subject to liability for truth, accuracy, or completeness of the information conveyed to customer or for errors, mistakes or omissions therein or for any delays or interruptions of the data or information stream from whatever cause.

SPARKGAP.NET shall not be responsible for, nor be in default under this agreement due to delays or failure of performance resulting from Internet Service Provider delivery problems or failure, or any communication or delivery problems associated with customer's receipt of the data or services including SPARKGAP.NET user intefaces. Furthermore, SPARKGAP.NET shall not be responsible for nor in default due to acts or causes beyond its control, including but not limited to: acts of God, strikes, lockouts, communications line or equipment failures, power failures, earthquakes, or other disasters.

USER AGREES THAT SPARKGAP.NET SHALL NOT HOLD ANY LIABILITY UNDER THIS AGREEMENT FROM ANY AND ALL CAUSES, INCLUDING, BUT NOT LIMITED TO, PROGRAM MALFUNCTION OR OPERATIONAL NEGLIGENCE. IN NO EVENT WILL EITHER PARTY BE RESPONSIBLE FOR LOST PROFITS OR SPECIAL INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHICH CUSTOMER OR FREEREALTIME.COM INCUR OR EXPERIENCE ON ACCOUNT OF ENTERING INTO OR RELYING ON THIS AGREEMENT, EVEN IF FREEREALTIME.COM OR CUSTOMER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

5. EXCLUSION OF WARRANTIES

It is expressly understood and agreed to by the parties hereto that EXCEPT AS SPECIFICALLY PROVIDED HEREIN, ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXCLUDED.

6. INDEMNIFICATION

The customer agrees to indemnify SPARKGAP.NET from and against any and all liabilities, expenses (including attorney's fees) and damages arising out of claims resulting from customer's use of the service, including any claims that if the allegations were true would constitute a breach of these terms and conditions.

7. PASSWORDS

Customer is responsible for the confidentiality and use of its user ID, password and account number.

11. MODIFICATION TO TERMS

SPARKGAP.NET reserves the right to modify the terms and conditions of this License Agreement and to terminate customer's access to and use of the SPARKGAP.NET delivered data and services at any time and without prior notice.

EXECUTION OF THESE TERMS AND CONDITIONS:

I hereby understand that by intialing the registration form concerning this agreement that I am executing and agreeing to the above Agreement with SPARKGAP.NET to use their data services. I acknowledge that by signing this form I accept all the terms and conditions of this Agreement and agree to be legally bound thereby.