1. ACCEPTANCE OF TERMS The Daily Basics Who's Who welcomes you. TDBWW (heretoin known as TDBWW) provides to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. By accessing and using the TDBWW Services, you accept and agree to be bound by the terms and provision of the TOS. In addition, when using particular TDBWW owned or operated services, you and TDBWW shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time. All such guidelines or rules (including but not limited to our Spam Policy) are hereby incorporated by reference into the TOS. 2. DESCRIPTION OF TDBWW SERVICES TDBWW provides users with access to a rich source of some of the most important tweeters in their designated fields. In order to become a member of TDBWW, an application must be submitted and approved. Users who are looking for interesting and bona fide tweeters may click and connect on the individual boxes which will give them an overview of that tweeter and connect directly back to Twitter who's terms will be enforced at that juncture. You also understand and agree that the TDBWW Services may include advertisements and that these advertisements are necessary for TDBWW to provide the TDBWW Services. You also understand and agree that the TDBWW Services may include certain communications from TDBWW, such as service announcements and administrative messages. You understand and agree that the TDBWW Services is provided "AS-IS" and that TDBWW assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the TDBWW and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. 3. YOUR REGISTRATION OBLIGATIONS In consideration of your use of the TDBWW, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the TDBWW Services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the TDBWW. If you provide any information that is untrue, inaccurate, not current or incomplete, or TDBWW has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, TDBWW has the right to suspend or terminate your account and refuse any and all current or future use of the TDBWW Services (or any portion thereof). TDBWW is concerned about the safety and privacy of all its users, particularly children and require that you are at least 13 years old when using this service. As much as TDBWW mandates all members of the TDBWW to observe our rules, regulations as listed in the member conduct below, we are not responsible for misrepresentation or changes to a member's account that would be inappropriate for children. 4. MEMBER CONDUCT You agree to not use the TDBWW Services to: a. Contact, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; b. harm minors in any way; c. impersonate any person or entity, including, but not limited to, a TDBWW official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; d.forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the TDBWW Service; e. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); f. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party; g. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose (please read our complete Spam Policy); h. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; i. interfere with or disrupt the TDBWW Services or servers or networks connected to the TDBWW Services, or disobey any requirements, procedures, policies or regulations of networks connected to the TDBWW Services, including using any device, software or routine to bypass our robot exclusion headers; j. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act; k."stalk" or otherwise harass another; and/or l. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through m above. You acknowledge, consent and agree that TDBWW may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TOS; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of TDBWW, its users and the public. You understand that the TDBWW Services and software embodied within the TDBWW Services may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by TDBWW and/or content providers who provide content to the TDBWW Services. You may not attempt to override or circumvent any of the usage rules embedded into the TDBWW Services. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the TDBWW Services, in whole or in part, is strictly prohibited. 5. NO COMMERCIAL REUSE OF TDBWW SERVICES You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the TDBWW Services (including Content, advertisements, Software). 6. MODIFICATIONS TO TDBWW SERVICES TDBWW reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the TDBWW Services (or any part thereof) with or without notice. You agree that TDBWW shall not be liable to you or to any third party for any modification, suspension or discontinuance of the TDBWW Services (or any part thereof). 7. TERMINATION You may terminate your TDBWW account, any associated email address and access to the TDBWW Services by submitting such termination request to TDBWW at email@example.com . You agree that TDBWW may, without prior notice, immediately terminate, limit your access to or suspend your TDBWW account, any associated email address, and access to the TDBWW Services. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b)requests by law enforcement or other government agencies, (c) discontinuance or material modification to the TDBWW Services (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with the TDBWW Services. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in TDBWW's sole discretion and that TDBWW shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the TDBWW Services. Termination of your TDBWW account includes any or all of the following: (a) removal of access to all or part of the offerings within the TDBWW Services, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of all or part of the TDBWW Services. 8. DEALINGS WITH ADVERTISERS Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the TDBWW Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that TDBWW shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the TDBWW Services. 9. LINKS The TDBWW Services may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that TDBWW is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that TDBWW shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource. 10. TDBWW'S PROPRIETARY RIGHTS You acknowledge and agree that the TDBWW Services and any necessary software used in connection with the TDBWW Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you through the TDBWW Services or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by TDBWW or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the TDBWW Services, such Content or the Software, in whole or in part. TDBWW grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the TDBWW Services. You agree not to access the TDBWW Services by any means other than through the interface that is provided by TDBWW for use in accessing the TDBWW Services. 11. DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT: a. YOUR USE OF THE TDBWW SERVICES AND SOFTWARE ARE AT YOUR SOLE RISK. THE TDBWW SERVICES AND SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YAHOO AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. b. TDBWW AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE TDBWW SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THE TDBWW SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE TDBWW SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE TDBWW SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE TDBWW SERVICES OR SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TDBWW OR THROUGH OR FROM THE TDBWW SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS. e. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE TDBWW SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE TDBWW SERVICE. IMMEDIATELY DISCONTINUE USE OF THE TDBWW SERVICES AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE TDBWW SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS. 12. LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT TDBWW AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TDBWW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE TDBWW SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE TDBWW SERVICE; OR (e) ANY OTHER MATTER RELATING TO THE TDBWW SERVICE. 13. EXCLUSIONS AND LIMITATIONS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 19 AND 20 MAY NOT APPLY TO YOU. 14. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT TDBWW respects the intellectual property of others, and we ask our users to do the same. TDBWW may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide TDBWW's Copyright Agent the following information: a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; b. description of the copyrighted work or other intellectual property that you claim has been infringed; c. a description of where the material that you claim is infringing is located on the site; d. your address, telephone number, and email address; e. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; f. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.