This Traffic Facts Service Agreement ("Agreement") is by and between Name Mama .com ("Name Mama .com"), an Arizona Corporation, and you, your heirs, assigns, agents and contractors ("You") and is made effective as of the date of electronic execution. This Agreement sets forth the terms and conditions of Your use of Name Mama .com's Traffic Facts Service ("Traffic Facts") and represents the entire Agreement between You and Name Mama .com. By using Name Mama .com's Traffic Facts, You acknowledge that You have read, understand and agree to be bound by all the terms and conditions of this Agreement, along with any new, different or additional terms, conditions or policies which Name Mama .com may establish from time to time. You may view the latest version of this Agreement online.

In addition to transactions entered into by You on Your behalf, You also agree to be bound by the terms of this Agreement for transactions entered into on Your behalf by anyone acting as Your Agent, and transactions entered into by anyone who uses the account You've established with Name Mama .com, whether or not the transactions were in Your behalf. You acknowledge that Name Mama .com's acceptance of any application made by You for services provided by Name Mama .com will take place at Name Mama .com's offices located in Scottsdale, Arizona, USA.

Term

The term of this Agreement shall commence on the date You purchase the Traffic Facts Service, and will continue in full force and effect as long as Name Mama .com is providing the Traffic Facts Service to You.

You agree that You will be responsible for notifying Name Mama .com should You desire to terminate Your use of Name Mama .com's Traffic Facts Service. Notification of Your intent to terminate must be provided to Name Mama .com no earlier than 10 days prior to Your billing date but no later than three days prior to Your billing date. In the absence of notification from You, Name Mama .com will automatically continue providing access to the Traffic Facts Service indefinitely and will charge the Payment Method You have on file with Name Mama .com, at Name Mama .com's then current rates. It is Your responsibility to keep Your Payment Method information current, including the expiration date of any credit cards You have on file. Name Mama .com reserves the right, in its sole discretion and without notice, at any time and for any reason, to suspend Your access to or use of Traffic Facts.

Modifications

You agree that Name Mama .com may modify this Agreement from time to time. Name Mama .com may also discontinue the Services it provides under this Agreement. You agree to be bound by any changes Name Mama .com may reasonably make to this Agreement when such changes become effective.

Name Mama .com currently provides Traffic Facts services to its customers for a monthly fee. Name Mama .com will provide You with access to Web site traffic statistics related to Your website, provided, however, You abide by the terms and conditions set forth herein and in each of Name Mama .com's policies and procedures. The Traffic Facts service is a log file analysis service and as such accesses the Web log files generated by the Web server running Your Web site. The Traffic Facts service stores log files for six months in the log file archive, which You may download freely and perform additional analysis on. It is Your responsibility to download any log files that You wish to keep beyond six months from the log file archive, since Name Mama .com will delete them when they become six months old.

With Traffic Facts, you will be able to:

1. track Your Web site visitors by country, region, year, month, day and hour;
2. generate comparative reports of traffic on Your multiple domains,
3. set up automatically generated emails to Yourself containing reports from Your site,
4. customize Your reports by filtering out the information that You do need,
5. create professional looking Word and .PDF documents,
6. generate error reports listing URLs that contain missing or incorrect URLs, and browser errors caused by Your Web site, and
7. many more features,

Availability of Services

Subject to the terms and conditions of this Agreement, Name Mama .com shall attempt to provide Traffic Facts Services for twenty-four (24) hours a day, seven (7) days a week throughout the term of this Agreement. You agree that from time to time the Traffic Facts Service may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which Name Mama .com may undertake from time to time; or (iii) causes beyond the control of Name Mama .com or which are not reasonably foreseeable by Name Mama .com, including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks network congestion or other failures. You agree that Name Mama .com has no control over the availability of Traffic Facts Services on a continuous or uninterrupted basis.

You agree that You have provided accurate, current and complete information in the application process and that You will notify Name Mama .com within five (5) business days when any of the information You provided as part of the application and/or registration process changes. Failure by You, for whatever reason, to respond within five (5) business days to any inquiries made by Name Mama .com to determine the validity of information provided by You, will constitute a material breach of this Agreement. If You provide any information that is inaccurate, not current, false, misleading or incomplete, or if Name Mama .com has reasonable grounds to suspect that Your information is inaccurate, not current, false, misleading or incomplete, Name Mama .com has the absolute right, in its sole discretion, to terminate its Traffic Facts services and close Your account.

Storage and Security

At all times, You shall bear full risk of loss and damage to Your Traffic Facts Service. You are entirely responsible for maintaining the confidentiality of Your password and account information. You agree that You are solely responsible for all acts, omissions and use under and charges incurred with Your account or password or in connection with Your Traffic Facts Service. You shall be solely responsible for undertaking measures to:

1. prevent any loss or damage to Your email lists;
2. maintain independent archival and backup copies of Your email lists;
3. ensure the confidentiality of Your password.

Name Mama .com's Traffic Facts Services are not an archive and Name Mama .com shall have no liability to You or any other person for loss, damage or destruction of any of Your content. If Your password is lost, stolen or otherwise compromised, You shall promptly notify Name Mama .com, whereupon Name Mama .com shall suspend access to Your Traffic Facts Service by use of such password and issue a replacement password to You or Your authorized representative. Name Mama .com will not be liable for any loss that You may incur as a result of someone else using Your password or Service, either with or without Your knowledge. However, You could be held liable for losses incurred by Name Mama .com or another party due to someone else using Your Service or password.

You agree to release, defend, indemnify and hold harmless Name Mama .com and its contractors, agents, employees, offices, directors, shareholders and affiliates from and against any action, claim, demand, dispute, liability, losses, damages or costs, including reasonable attorney's fees and costs, resulting from or related to (i) Your breach of this Agreement, (ii) any negligence or willful misconduct by You; (iii) any allegation that Your Traffic Facts account infringes a third person's copyright, trademark or proprietary or intellectual property right, or misappropriates a third person's trade secrets; or (iv) any action or conduct of Name Mama .com's undertaken pursuant to this Agreement. You shall defend and settle at Your sole expense all proceedings arising out of the foregoing. You agree that Name Mama .com shall have the right to participate in the defense of any such claim through counsel of its own choosing. You agree to notify Name Mama .com of any such claim promptly in writing and to allow Name Mama .com to control the proceedings. You agree to cooperate fully with Name Mama .com during such proceedings.

You agree You will not be entitled to a refund of any fees paid to Name Mama .com if, for any reason, Name Mama .com takes corrective action with respect to Your improper or illegal use of its Traffic Facts services.

This agreement shall be deemed entered into the state of Arizona. the laws and judicial decisions of Maricopa county, Arizona, shall be used to determine the validity, construction, interpretation and legal effect of this agreement. You agree that any action relating to or arising out of this agreement, shall be brought in the courts of Maricopa county, Arizona.

You agree to waive the right to trial by jury in any proceeding that takes pace relating to or arising out of this agreement.

You agree that all notices (except for notices concerning breach of this Agreement) from Name Mama .com to You may be posted on our web site. Notices concerning breach will be sent either to the email or postal address You have on file with Name Mama .com. In either case, delivery shall be deemed to have been made five (5) days after the date sent.

Notices from You to Name Mama .com shall be made either by email, facsimile, or mailed to the address we provide on our Web site, or first class mail to our address below. They shall be deemed to be delivered when received by Name Mama .com through first class mail the date they are received, or when sent by facsimile.