POLLHOST TERMS OF SERVICE Last Revised November 20, 2006

This agreement governs your access to and use of Boardhost.com, Inc.'s Pollhost service's (hereafter referred to as "Pollhost") polls, facilities, and services (collectively the "Service"). In consideration for your right to use the Service, you agree as follows:

SERVICE PROVIDED

Pollhost provides the capability of creating and/or using polls to the user, who is at least eighteen (18) years old, or is a minor over the age of thirteen (13) who has parental permission. Service is provided "as is." There may, among other things, be unexpected downtimes, loss of data, delays or interruptions of service. Pollhost may provide an HTML and/or Javascript code for you to include on your website (or any other page where you include such code, hereafter referred to simply as "your website") to use certain features that we provide. Pollhost cannot guarantee that such code will not interfere with other elements of your website or that such coding will at all times work as described. Certain coding that we provide must load content from our service each time it is displayed. If you are utilizing such a code, during any delay or interruption of our service the loading of your website could also be delayed and/or interrupted. In such an event, it is your responsibility to remove such code from your website until our services become available again. POLLHOST SHALL NOT BE RESPONSIBLE FOR ANY DAMAGES YOU MAY SUFFER AS A RESULT OF ANY INTERRUPTIONS OR DATA LOSSES, OR OTHERWISE AS A RESULT OF YOUR USE OR INABILITY TO USE THE SERVICE, INCLUDING WITHOUT LIMITATION LOSS OF BUSINESS.

Pollhost is not obligated to monitor the Service, but may do so and may remove or edit any poll and/or adjust any settings of your account.

Any of your polls or other account settings and its associated data may be removed from your account for inactivity at Pollhost's discretion. Ordinarily, this will occur if your poll has not received a vote within 30 days.

Polls and their results are provided for entertainment only, and are subject to error and innaccuracies. Although our polls are designed to allow and limit a unique user to one vote for the period of time you specify when creating a poll, such an outcome cannot be guaranteed. Poll results may be skewed for a variety of reasons, including without limitation the group of users targeted.

Any URLs assigned to you and/or your polls belong to Pollhost and not to you and are not guaranteed to be available for any period of time.

Registered Pollhost users will be subscribed to our Pollhost newsletter, which ordinarily will provide notice of account changes, scheduled downtimes, or new features.

Pollhost will place advertisements on the polls you create, in exchange for the service provided, unless otherwise agreed on in writing by you and Pollhost and subject to your payment in full to Pollhost for then-current ad-free service fees. It is Pollhost's sole discretion as to how many advertisements appear on your polls, and the form of these advertisements.

CONTENT RESTRICTIONS

Any polls you create through our service shall not contain or promote the following:

In addition, you may not use our services if your website contains any content outlined in this section.

E-MAIL AND UNSOLICITED E-MAIL

Individuals or organizations that promote or use spamming (unsolicited bulk e-mail) or methods thereof are not allowed to create a Pollhost account. Any reported incident of spamming, or any form of unsolicited e-mail or newsgroup posting that includes a link to or references to your Pollhost poll, may result in IMMEDIATE termination of your Pollhost account and/or polls, and a ban from using any future Pollhost services.

Furthermore, you may not include a Pollhost poll in ANY e-mail message including but not limited to e-mail newsletters. You may not solicit voters or viewers of your polls by any means of e-mail communication.

TERMINATION

Pollhost reserves the right to remove your polls and/or account access, without warning, for any reason at its sole discretion, including but not limited to any violation of a provision of these terms. Pollhost further reserves the right to remove any polls and/or accounts determined in Pollhost's sole discretion to be using excessive server resources.

MODIFICATION

Pollhost reserves the right to modify these terms of service at any time. You agree to review these terms of service regularly, and, at a minimum, to review these terms of service at least once every 15 days. Failure to close your account and/or discontinue use of our service within twenty-five (25) days of any such changes constitutes your acceptance of the new agreement. If are a registered Pollhost user, Pollhost may also, at its sole discretion, attempt to notify you by e-mail, via the Pollhost newsletter, or otherwise, of such changes. If Pollhost notifies you by e-mail, your failure to close your account within ten (10) days of such notification constitutes your acceptance of the new agreement. Pollhost shall not be responsible for your failure to receive e-mail notices that we have sent.

NOTIFICATION OF CLAIMED INFRINGEMENT

If you believe that content posted on a Pollhost account is violating your rights under U.S. copyright law, you may, pursuant to the Digital Millennium Copyright Act (DMCA) file a complaint of such claimed infringement with Pollhost's designated agent in the manner described at http://pollhost.com/dmca.html

DISCLAIMER OF WARRANTIES

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. POLLHOST EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER IMPLIED OR EXPRESS, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM POLLHOST (INCLUDING ITS CONTRACTORS, AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS AND AFFILIATES) OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.

SOME JURISDICTIONS DO NOT PERMIT DISCLAIMERS OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE LIMITATIONS HEREIN MAY NOT APPLY TO YOU.

WAIVER OF DAMAGES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

NOTWITHSTANDING ANYTHING ELSE IN THESE TERMS OF SERVICE OR OTHERWISE, POLLHOST SHALL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS, PROCUREMENT OF SUBSTITUTE GOODS, GOODWILL, DATA, OR OTHER LOSSES (EVEN IF POLLHOST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE.

SOME JURISDICTIONS DO NOT PERMIT EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS HEREIN MAY NOT APPLY TO YOU.

INDEMNIFICATION

You agree to indemnify and hold harmless Pollhost and its contractors, agents, employees, officers, directors, shareholders, and affiliates from any losses, damages or costs, including reasonable attorney's fees, resulting from any claim or demand arising out of or related to your (including your agents, affiliates or anyone using your polls, whether or not on your behalf, and whether or not with your permission) use of the Service, including without limitation claims arising out of or related to your violation of these terms of service, or your violation of the rights of another person. Should Pollhost be notified of a pending legal action, or receive notice of the filing of a legal action, Pollhost may seek written confirmation from you concerning your obligation to indemnify Pollhost, and you agree to provide such confirmation promptly.

GENERAL TERMS

You agree that Pollhost may preserve content and membership information and may release any or all preserved content or membership information to governmental agencies, courts, or other third-parties if we believe, in our sole discretion, that you have or may have committed illegal activities, violated these terms of service, violated the rights of third-parties, impaired in any respect the ability of Pollhost to operate the Service properly, or endangered in any respect Pollhost or third-parties, or in the event that the information is subpoenaed or subject to other judicial or administrative process.

Pollhost does not claim ownership of content you provide through our service. With respect to content that you provide or make available through a poll, however, without limiting any other rights these usage terms afford to Pollhost, you grant Pollhost a world-wide, perpetual, royalty-free, and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform, and publicly display such content for the purpose of providing and promoting the Service.

Pollhost shall have the sole discretion as to what what constitutes a violation of any of these terms.

Notices to you may be made via either e-mail or regular mail. Pollhost may also provide notices of changes to these terms of service or other matters by displaying notices or links to notices to you generally on Pollhostís website or on the Service.

You may not assign or otherwise transfer this agreement.

This agreement creates no third-party beneficiaries.

You warrant that all information you supplied to Pollhost during the account creation process is true and accurate to the best of your knowledge. You agree promptly to notify Pollhost of any changes to this information, by updating your account information in the Pollhost administration area.

CHOICE OF LAW AND FORUM

The Pollhost Terms of Service shall be governed by the laws of the State of Illinois, USA, exclusive of choice-of-law principles. You hereby consent to the exclusive jurisdiction of the courts of Illinois, USA in any and all disputes arising out of, or related to, your use of Pollhost's services.

SEVERABILITY

If any condition in these terms of service is found unenforceable, Pollhost reserves the right to modify the condition to comply with the law. All remaining conditions shall remain valid and enforceable.

ENTIRE AGREEMENT

These terms of service contain the entire agreement of the parties and there are no other promises or conditions in any other agreement whether oral or written. These terms of service supersede any prior written or oral agreements between the parties.

NO WAIVER

Pollhostís failure at any time to enforce any provision of these terms of service shall not constitute a waiver or limitation of Pollhostís right subsequently to enforce every provision of the terms of service.

CHECKING THE BOX NEXT TO "Check this box if you have read, and agree to our terms of service." AND/OR CREATION AND/OR USE OF POLLHOST POLLS OR THE POLLHOST ADMINISTRATION AREA CONSTITUTES ACCEPTANCE OF THESE TERMS OF SERVICE.