First and foremost, we take the privacy of our users very seriously and are committed to safeguarding personal information in full compliance with the law.

These Terms and Privacy Policy are effective as of April, 20, 2003.

By accessing The Names Database Website ("Website") in any way, including but not limited to using any page within the namesdatabase.com or thenamesdatabase.com domains, or using any service provided by or associated with these pages, you are agreeing to the following Terms and Privacy Policy (collectively the "Terms"), which form a binding agreement between Opobox, Inc., a Delaware Corporation, (the "Company") and you (the "User").

1. Membership

(a) Becoming a member of Website is both voluntary and free.

(b) When User becomes a member of Website, User provides Company with limited personal information (collectively "User Information").

(c) User Information may include but is not limited to name, email address, country, birth year, high school name, and high school graduation year.

(d) Company reserves the right to collect more User Information as needed, but is committed to minimizing the extent of User Information collected.

(e) Company may present User Information to other members during the normal use of Website and the services available through it.

(f) User agrees that User Information is complete, accurate and up to date. If Company believes User Information is untrue, inaccurate, or incomplete, then Company may suspend or terminate User's membership and refuse any and all current or future use of Website, without refund to User of any fees paid.

(g) When User becomes a member, Company provides User with a unique access link ("Link") used to access parts of Website restricted to members. Because any activities that occur through Link are User's responsibility, it is important for User to keep Link secure. User should notify Company immediately if User believes that someone else has used User's Link.

(h) User may terminate membership at any time; however, there is no reason to do so given that Company strictly safeguards User Information, and by having a membership User could reconnect with family, friends, and classmates. In any case, to terminate membership User must to email nremover@namesdatabase.com, and provide User's Link as the subject of the message. Due to the volume of email Company receives, Company cannot respond to User's request individually. If User takes the specified action, then User should be terminated within one (1) month from when Company receives the valid termination request message. User will be able to tell when termination has taken place because User's Link will no longer function.

(i) Membership termination or ceasing all use of Website is User's only remedy with respect to any dispute that User may have with Company over membership.

(j) If Company determines, in its sole discretion, that User is not in compliance with the Terms, Company reserves the right to terminate User's membership.

2. OWNERSHIP AND COPYRIGHT

(a) Company owns all information submitted to it, regardless of who or what submits it, what is submitted, or how or why it is submitted. Such information includes but is not limited to any and all information submitted by User or about User and any User Information submitted during membership or through the normal use of Website and the services available through it.

(b) Any successors or assignees of Company will by default acquire for their own use, in accordance with the Terms, all information collected by Company, including but not limited to all information associated with Website as specified in section 2(a) above.

3. DISCLAIMER OF WARRANTIES
USER UNDERSTANDS AND AGREES THAT:

(a) WEBSITE AND THE SERVICES PROVIDED THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

(b) COMPANY DISCLAIMS TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AND USER WAIVES, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

(c) THE FUNCTIONS, MATERIALS AND CONTENT OF WEBSITE ARE NOT WARRANTED TO BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, AND COMPANY MAKES NO WARRANTY THAT THE INFORMATION ON WEBSITE IS OR WILL BE ACCURATE, CURRENT OR RELIABLE OR THAT THE QUALITY ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY USER THROUGH WEBSITE WILL MEET USER'S EXPECTATIONS.

(d) COMPANY DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL.

(e) USER ASSUMES THE ENTIRE RISK OF LOSS AND DAMAGE DUE TO USE OF WEBSITE, INCLUDING BUT NOT LIMITED TO THE COST OF REPAIRS OR CORRECTIONS TO HARDWARE OR SOFTWARE.

(f) SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, AND AS A CONSEQUENCE SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO USER.

4. LIMITATIONS OF LIABILITY
USER UNDERSTANDS AND AGREES THAT:

(a) USER'S USE OF WEBSITE IS ENTIRELY AT USER'S SOLE RISK.

(b) THE COMPANY AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES, AS WELL AS THEIR RESPECTIVE OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS, AND AGENTS, INCLUDING THOSE OF ANY SUCCESSORS TO COMPANY, SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH USER MAY INCUR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, WEBSITE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS.

(c) SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND AS A CONSEQUENCE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO USER.

5. Indemnification

User shall indemnify and hold harmless, and at Company's request defend, Company, its parents, subsidiaries, and affiliates, as well as their respective owners, directors, officers, shareholders, employees, and agents, including those of any successors (each, an "Indemnified Party") from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys' fees, an allocation for in-house counsel, and other legal costs) arising out of User's acts or omissions, including claims resulting from User's use of Website, User's submission, posting or transmission of information or content, or any breach of User's obligations set forth in these Terms. User shall reimburse each Indemnified Party on demand for any costs, expenses and liabilities incurred by such Indemnified Party to which this indemnity relates.

6. Governing Law

(a) The Terms, User's access and use of Website and the services available through it, and the relationship between User and Company is governed by the laws of the Commonwealth of Massachusetts, without giving effect to its conflict of law provisions. Company and User both agree to submit to the personal and exclusive jurisdiction of the courts of the Commonwealth of Massachusetts.

(b) User is responsible for complying with local laws, if and to the extent local laws are applicable.

(c) Notwithstanding the foregoing, Company shall have the right to commence and prosecute any legal or equitable action or proceeding before any United States or non-United States court of competent jurisdiction to obtain injunctive or other relief in Company's sole discretion.

(d)Regardless of any statute or law to the contrary, any claim or cause of action by User arising out of or related to use of Website or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

7. No Unlawful or Prohibited Use

(i) User will not use Website or any information gained from or through use of it for any purpose that is unlawful or prohibited by Terms.

(ii) User may not use Website in any manner that could damage, disable, overburden, or impair Website (or the network(s) connected to Website) or interfere with any other party's use and enjoyment of Website.

(iii) User may not attempt to gain unauthorized access to Website, memberships, computer systems or networks connected to any Company website or service, through hacking, password mining or any other means.

(iv) User may not obtain or attempt to obtain any materials or information through any means not intentionally made available through Website.

8. Miscellaneous Information

(a)In compliance with the Children's Online Privacy Protection Act of 1998 (COPPA), Company does not knowingly collect User Information from children under the age of 13 for any purpose. Upon request, Company will remove any User Information from Website that has been proven to be associated with a child under the age of 13.

(b) Company is not responsible for the privacy policies of other websites, or how they treat User Information.

9. Miscellaneous Terms

(a) The relationship between Company and User is not one of agency or partnership and neither User nor Company shall be deemed to be a partner, employee, fiduciary, agent or representative of the other by User's use of the Website.

(b) User may not assign or transfer User's rights to any third party.

(c) The terms and conditions in the Terms are severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall still be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

(d) If Company or User fails to enforce any provision of the Terms it shall not constitute a waiver of such provision.

(e) The Terms may be modified only by Company posting changes to the Terms on Website. Each time User accesses Website, User will be deemed to have accepted any such changes in effect at the time of access.

(f) Company may assign its rights and obligations under the Terms. Terms will inure to the benefit of Company's successors, assignees and licensees.

(g) The Terms constitute the entire understanding between Company and User regarding User's access to, license and use of Website, and they supersede any prior agreements, statements or representations with respect to the same.