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Terms Of Use

Web Site Usage Terms And Conditions

These terms and conditions ("Terms and Conditions") govern your (the "User" or "You") use of the RYLA.COM Web Site (the "Web Site") provided by Ryla Teleservices, Inc. (the "Company"). The Web Site describes various products and services (collectively, the �Services�), and contains related content about Ryla Teleservices.
By using this website, you indicate your agreement with these terms and conditions. If you do not agree with these terms and conditions, do not use this website.
These Terms and Conditions are subject to change by the Company at any time in its discretion. Your use of the Web Site after such changes are implemented constitutes your acceptance of the changes. Please consult these Terms and Conditions regularly; they were last updated June 2005.

User has a nonexclusive, nontransferable, limited, and revocable right to use the Web Site solely for User's personal educational or informational use, or use as a prospective or existing customer of Ryla Teleservices. User will not use the Web Site for any other purpose, including any commercial purpose, without the Company's express prior written consent. For example, User will not, and will not authorize any other person to:

• Co-brand the Web Site or any portion thereof, or


• Frame the Web Site or any portion thereof (whereby the Web Site or any portion thereof will appear on the same screen with a portion of another web site).

"Co-branding" means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner reasonably likely to give a User the impression that such other party has the right to display, publish, or distribute the Web Site or content accessible within the Web Site (the "Content"). User agrees to cooperate with the Company in causing any unauthorized Co-branding, framing or linking to immediately cease.

User acknowledges and agrees that the content accessible within the Web Site is the proprietary information of the Company and its content providers, and the Company and its content providers retain all right, title, and interest in the Content. Accordingly, User will not reproduce, transmit, publish or distribute such Content to any third party without the express written consent of the Company or the applicable content provider except that User may print out a copy of Content solely for User's personal use. In doing so, User will not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

• YOUR USE OF THE WEB SITE IS AT YOUR SOLE RISK. THE WEB SITE IS PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. RYLA TELESERVICES EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
• RYLA TELESERVICES MAKES NO WARRANTY THAT:
• THE WEB SITE WILL MEET YOUR REQUIREMENTS,
• THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
• THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEB SITE WILL BE ACCURATE OR RELIABLE.

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 MAY NOT APPLY TO YOU.

User will have access to a variety of sources of content through the Internet. The Company has made no effort to verify the accuracy or suitability of any information contained in any such sources. Accordingly, the Company will have no liability or responsibility whatsoever for any content contained within any such sources. User accesses, uses, and relies upon such content at User's own risk. User understands further that the Internet contains unedited materials, some of which are sexually explicit or may be offensive. User accesses such materials at User's risk. Company has no control over and accepts no responsibility whatsoever for such materials. User understands that, except for information or Products clearly identified as being supplied by the Company, the Company does not control or endorse any information or Products on the Internet in any way. User also understands that the Company cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. Each User is responsible for implementing sufficient procedures and checkpoints to satisfy User's particular requirements for accuracy of data input and output, and for maintaining a means external to the Web Site for the reconstruction of any lost data. The Company does not assume any responsibility or risk for User's use of the Internet.

The Company, its licensors, service providers, content providers, employees, agents, officers and directors will not be liable for any incidental, indirect, consequential, or special damages, including loss of revenue or income, pain and suffering, emotional distress or similar damages, even if the Company has been advised of the possibility of such damages. In no event will the collective liability of the Company and its licensors, service providers, content providers, employees, agents, officers and directors to any party (regardless of the form of action, whether in contract, tort or otherwise) exceed the amount User has paid to the Company specifically for use of this Web Site.

User will indemnify and hold the Company, its licensors, content providers, service providers and contractors (the "Indemnified Parties") harmless from any breach of these Terms and Conditions by User, including any use of Content other than as expressly authorized in these Terms and Conditions. User agrees that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and agrees to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys' fees of the Indemnified Parties in connection therewith. User will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of User's use of the information accessed from the Web Site, and also with regard to any use of equipment purchased from the Company.

Information posted on forums, bulletin boards, or similar portions of the Web Site ("Forums") is supplied by third parties and other Users unless the Company or its authorized representative identifies itself as the content poster. Any opinions, advice, statements, services, offers, or other information or content (collectively, �Content�) expressed or made available by third parties or any other User are those of the respective author(s) and not of the Company. User will not:

• upload, post, e-mail or otherwise transmit any Content that is unlawful, threatening, abusive, harassing, tortious, defamatory, obscene, libelous, invasive of another's privacy, hateful, or racially or ethnically inciteful;
• harm minors in any way;
• impersonate any person or entity, including, but not limited to, a Ryla Teleservices official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted;
• upload, post, e-mail or otherwise transmit any Content that you do not have a right to transmit 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);
• upload, post, e-mail or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
• upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
• upload, post, e-mail or otherwise transmit 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;
• disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Web Site are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real-time exchanges;
• interfere with or disrupt servers or networks, or disobey any requirements, procedures, policies or regulations of networks connected to the Web Site;
• intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law;
• "stalk" or otherwise harass another; or
• collect or store personal data about other users or harvest or otherwise collect information about others, including e-mail addresses, without their consent.

The Company reserves the right to monitor Forums to determine compliance with these Terms and Conditions, as well the right to remove or refuse to post any posting, including any of the above kinds of postings. Notwithstanding these rights, User remains solely responsible for the content of its postings. User acknowledges and agrees that neither the Company nor any third-party content provider will assume or have any liability for any action or inaction by the Company or any third-party content provider with respect to any posting on the Forums.

Further, User hereby grants to Company the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any message posted in Forums (in whole or in part) worldwide or to incorporate any message in other works in any form, media or technology now known or later developed.

These Terms and Conditions set forth the entire agreement of the parties with respect to the subject matter hereof. These Terms and Conditions may not be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document will be null and void, unless otherwise agreed to in a written agreement signed by both you and the Company.

The Terms and Conditions are made, and shall be construed in accordance with, the laws of the State of Georgia. You submit to the jurisdiction of courts in Fulton County, Georgia, which means that all litigation must be in those courts. Reasonable attorney's fees shall be reimbursed by the losing party to the prevailing party in litigation related to this agreement.

The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom.

The invalidity of any portion of these Terms and Conditions will not and shall not be deemed to affect the validity of any other provision and any such finding of invalidity or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction. In the event that any provision of these Terms and Conditions is held to be invalid or unenforceable, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision. It is expressly understood, however, that User and Ryla Teleservices intend each and every provision of these Terms and Conditions to be valid and enforceable and hereby knowingly waive all rights to object to any provision of these Terms and Conditions. Accordingly, if any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision(s) will, rather than be stricken in their entirety, be deemed superseded by a valid, enforceable provision drafted by counsel to Ryla Teleservices, Inc., that most closely matches the intent of the original provision and the remainder of these Terms and Conditions shall continue in effect.

The waiver by User or Ryla Teleservices of any provision of these Terms and Conditions on any occasion and upon any particular circumstances shall not operate as a waiver of such provision of this Agreement on any other occasion or upon any other circumstances. Any portion of the Terms and Conditions may be waived or amended only in a writing signed by both User and Ryla Teleservices.

Ryla Teleservices, Inc. shall not be in default by reason of any failure in its performance under the Terms and Conditions if such failure arises, directly or indirectly, out of causes reasonably beyond the Company�s direct control or foreseeability, including but not limited to, default by subcontractors or suppliers, acts of God or of the public enemy, terrorism, U.S. or foreign governmental acts in either a sovereign or contractual capacity, labor, fire, flood, epidemic, restrictions, strikes, freight embargoes, and/or banking and financial institution interruption.