The Bunker Buster web site (www.bbcampaign.com) and related process is owned and operated by Viga Technologies, Inc. (“Viga,” “Our,” “We” or “Us”). Viga offers you and other licensed users of our web site (each a “Licensee” or “User”) access to our web site (the “Site”) and the Process (as defined below) under the Terms and Conditions contained below, the Bunker Buster Privacy Statement, as well as any other terms, conditions, and rules that may be displayed from time-to-time on the Site (collectively the “Agreement”). IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT USE THIS WEB SITE. By accessing and using the Site, you accept this Agreement and agree to be bound by each of its terms.

Limited License

Subject to the Terms and Conditions in this Agreement, Viga hereby grants to you a limited, non-assignable, non-transferable, non-exclusive license to access and use the Site and the Process solely for you (“Licensee”) and your designated representatives’ (“Users”) use in accordance with this Agreement. Viga may, in its sole discretion, add, delete, or change the Site or some or all the Materials, as hereinafter defined, at any time. All rights not expressly granted herein are reserved.

Restrictions on Use

You agree that you will not use, republish, reproduce, or distribute any of the information available through the Site or any e-mail or other communication by or between Viga, its partners and/or any other User, or make any use of any such information or the facilities of Viga in any way that (i) violates this Agreement, (ii) infringes upon the rights of others; (iii) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable; or (iv) encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, ordinance, rule or regulation. You will access the web site and provide information to Us with the bona fide intent to use or to evaluate the web site, and not (i) with an ulterior motive, such as to download portions of the web site to compete with Us or provide information to one of Our competitors; (ii) translate, decompile, or create or attempt to create, by reverse engineering or otherwise, the source code for the process; or (iii) to engage in activities, whether lawful or unlawful, that We determine in our sole and unfettered discretion to be harmful to other users of the web site, web site operations, or Our reputation, goodwill or customer relations. Any unauthorized use terminates the license granted by Viga. You shall be responsible for providing and maintaining all communications lines, telephone/transmission services, and all equipment and technology necessary for you to access and use the Site.

Changes to the Agreement

Viga may change or modify this Agreement from time-to-time. All changes and modifications shall be posted on the Site as part of this Agreement and shall be effective ten (10) days after posting on the Site. Your access to, or use of, the Site and the Materials on or after such effective date constitutes acceptance of any changes. This Agreement may not be otherwise amended except in writing signed by Viga.

Termination of the Agreement

You may terminate this Agreement at any time, with 60 days notice. Viga may terminate this Agreement and the license granted to you at any time with or without cause. In the case of any termination, you agree to continue to abide by the provisions of the Agreement, which shall remain in full force and effect after such termination, except that the license to use the Site and the Materials shall be terminated. Final campaign materials will be provided assuming that you are in compliance with the terms of the agreement and are current on payment.

Proprietary Rights

You acknowledge that Viga and/or its third-party partners own the software, designs, screens, content, proprietary process, and other information on the Site, including any trademarks, service marks and logos appearing on the Site (collectively, the “Materials”). You acknowledge that you do not acquire any ownership rights in the aforementioned by printing, downloading, or otherwise making use of the Site or the Materials. To the maximum extent legally possible, you agree that you will not directly or indirectly copy or reproduce all or any part of the Materials, whether electronically, mechanically, or otherwise, in any form without prior written permission from Viga; provided, however, that you may make copies of web pages and the Materials in your internal computer system as part of accessing the Site and for your own internal use.

You acknowledge that Viga may be obtaining information about you through your use of the Site and the Materials. You hereby grant Viga a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to use such information, subject to the limitations set forth in the Bunker Buster Privacy Statement.

Ownership of and Access to User Data

All data provided by a User shall be owned by such User and Viga acquires no ownership rights in the data. Licensee and its Users shall have a continuing right of access to any data provided during the term of the license, subject to Viga’s written policies on archival of data. Viga will take no action to interfere with a Licensee’s obligations to its Users with regard to the destruction or return of data or access to data. Viga will honor any change of agent notices provided by a User by facilitating data transfers in accordance with such notices.

Privacy Statement

These Terms of Use co-exist with our Privacy Statement, and together both policies govern the general practices and Your usage of this web site. Your use of the web site, at any time, shall be conclusive evidence of Your agreement that Your license to access and use the web site is governed by these Terms of Use and our Privacy Statement. Our Privacy Statement may be found at the web site home page and may change over time.

Fees

The Licensee shall pay the associated service fees that are in place at the time services are rendered. Payment is due at the end of the month of service, except for transaction costs, which will be billed the month following the close of the enrollment period. If Licensee fails to pay any amount due within thirty (30) days of the due date, late charges of the lesser of 1.5% per month or the maximum allowable under applicable law, together with all of Viga’s expenses and collection costs, including reasonable attorneys’ fees, shall also become due and payable by Licensee to Viga. All amounts payable by Licensee, hereunder, shall be paid in immediately available funds, in United States dollars, and are non-refundable. Viga reserves the right to terminate access to the web site and the license for failure to pay amounts due.

Copyright, Trademark, and Other Intellectual Property

Except as otherwise indicated, this web site and its entire contents (including, but not limited to, the text, information, software, graphics, logos, sound and animation) are owned by Us and are protected by copyright, trademark, patent and other intellectual property laws. Permission is granted to download and print materials from this web site for the sole non-commercial purposes of viewing, reading, and retaining for reference. Any other copying, distribution, retransmission, or modification of information or materials on this web site, whether in electronic or other form, without our express prior written permission, is strictly prohibited. All trademarks, service marks, and trade names, including without limitation to Bunker Buster, are proprietary to Viga or other respective owners that have granted Viga the right and license to use their marks and nothing contained on the bbcampaign.com web site should be construed as granting any license or right to use such trademarks, service marks or trade names. Licensee shall not reverse engineer, decompile, disassemble, modify, translate, or make any attempt to discover the source code of any the bbcampaign.com or create derivative works from any of its components. Licensee agrees to not create or assist in creating a similar or competing product for the management of integrated mail and web response marketing campaigns for the period of this agreement and the five (5) years following any termination of this agreement.

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 access to such areas is prohibited and may lead to criminal prosecution.

Linking to the Web Site; “No Framing”

We permit reasonable, good faith and non-defamatory links to the web site so long as: (i) it is clear in the link reference that We (Viga) have not endorsed the contents of the referring page, and that any statements made have not been reviewed or approved by Us; and (ii) no use is made of Our trademarks or service marks. We do not consent to “framing” Our content or Information inside of any other page. You acknowledge and agree that We are not responsible for any damages or losses caused or alleged to have been caused by the use of third-party sites.

Hyperlink Disclaimers

As a convenience to you, Viga may provide, on this Site, links to web sites operated by other entities (collectively the “Linked Sites”). If you use any Linked Sites, you will leave this Site. If you decide to visit any Linked Site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Linked Sites, regardless of the linking form (e.g., hotlinks, hypertext links, IMG links) are not maintained, controlled or otherwise governed by Viga. The content, accuracy, opinions expressed and other links provided by Linked Sites are not investigated, verified, monitored or endorsed by Viga. Viga does not endorse, make any representations regarding or warrant any information, goods and/or services appearing and/or offered on any Linked Site, other than linked information authored by Viga. Links do not imply that Viga or this Site sponsors, endorses, is affiliated or associated with or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any Linked Site is authorized to use any trademark, trade name, logo or copyright symbol of Viga or an of its affiliates or subsidiaries. Except for links to information authored by Viga, Viga is neither responsible for nor will it be liable under any theory based upon (i) any Linked Site; (ii) any information and/or content found on any Linked Site; or (iii) any site(s) linked to or from any Linked Site. If you decide to visit any Linked Sites and/or transact any business thereon, you do so at your own risk. Viga reserves the right to discontinue any Linked Site at any time without prior notice. Please contact the web masters of any Linked Sites concerning any information, goods and/or services appearing thereon.

User’s Representations and Warranties

By using this Site, you represent and warrant that (i) you understand and agree that this Agreement is a legally binding agreement and the equivalent of a signed, written contract; (ii) you will use this web site in a manner consistent with all laws and regulations and in accordance with the terms and conditions of this Agreement; (iii) you are authorized to sign for and bind the contracting party; and (iv) you will not impersonate any person or entity, misrepresent any affiliation with another person, entity or association, use false headers or otherwise conceal your identity from Viga for any purpose.

Warranty Disclaimer/Limitation of Liability

YOU AGREE THAT USE OF THIS SITE AND THE ASSOCIATED MATERIALS IS ENTIRELY AT YOUR OWN RISK. THE SITE AND MATERIALS ARE PROVIDED “AS IS,”WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR PARTICULAR PURPOSE. NEITHER VIGA NOR ANY OF ITS AGENTS, SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS OR SUCCESSORS AND ASSIGNS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SITE OR THE SERVICES. WITHOUT IN ANY WAY LIMITING ANY OTHER PROVISION CONTAINED HEREIN, YOU AGREE THAT IN NO EVENT SHALL VIGA, ITS AGENTS, SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS OR SUCCESSORS AND ASSIGNS BE LIABLE, FOR ANY LOSS, DAMAGE, LIABILITY, OR EXPENSE THAT YOU MAY SUFFER THAT IS RELATED TO YOUR USE OF THE SITE OR THE MATERIALS. IF YOU BECOME ENTITLED TO ANY RECOVERY, YOU AGREE THAT YOUR RECOVERY SHALL BE LIMITED TO THE AMOUNT OF ANY FEES OR PAYMENTS YOU PAID TO VIGA FOR THE EVENT GIVING RISE TO LIABILITY.

Available Remedies

We do not validate, error check or otherwise confirm the truth or accuracy of Information posted on the web site; or review, edit, censor or warrant the quality or accuracy of Information that users may acquire from the web site. By making use of the web site, You agree not to sue or make any claim of any kind against Us regarding Information posted or available on the web site. When We become aware of harmful activities, in our sole and unfettered discretion, We may take steps to stop the harmful activity, such as removing the offending materials, using screening software to block offending materials, denying the offender access to the web site, or any other action We deem appropriate. We are required to notify law enforcement when We become aware of the presence of child pornography on or transmitted through the web site; and to remove or block access to content or postings upon receipt of a proper notice of copyright infringement. It is also Our policy to terminate users who commit violations of copyright laws. All remedies are non-exclusive.

Choice of Law; Consent to Jurisdiction

This Agreement and all questions with respect to the interpretation of this Agreement shall be governed by and construed in accordance with the laws of the State of Georgia, without regard for conflict of laws provisions. You expressly consent to personal and exclusive jurisdiction in the courts of the State of Georgia located in Fulton County, Georgia. If you access this Site from locations outside of the United States, you are responsible for compliance with all local laws.

Notices

Notices shall be given: To Bunker Buster: To be valid, notices must be sent by e-mail to (CustomerService@bbcampaign.com) and by certified mail, return receipt requested, to Viga Technologies, Inc. / 5240 Baldwin Lane, / Marietta, GA 30068, or to such other address as may be designated from time-to-time.

Severability

If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to affect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect.

Indemnification

You agree to indemnify, defend and hold harmless Viga, its affiliates, agents, employees and licensors from and against any and all claims and expenses, including reasonable attorneys’ fees, arising out of or related in any way to your use of the Site, violation of this Agreement, violation of any law or regulation or violation of any proprietary or privacy right.

Limitations on Claims

Any cause of action you may have with respect to your use of the Site must be commenced within one (1) year after the claim or cause of action arises.