Terms of Service and Acceptable Use Policy

Digital Content License Agreement

In order to offer you all of these Internet solutions, we must have rules. Here is the fine print that makes this all possible.

This contract includes our Acceptable Use Policy, Digital Content License Agreement, and Terms of Service. This is a legal and binding agreement between you and YourNew.com, Inc., Inc.. Please review this information carefully.

Terms of Service and Acceptable Use Policy

1. USE OF THE SERVICES

YourNew.com, Inc. shall be entitled to immediately terminate this Agreement if YourNew.com, Inc. determines that your account is in violation of portion of its Terms of Service and Acceptable Use Policy. YourNew.com, Inc. may deny User access to all or part of the Service without notice if User engages in any conduct or activities that YourNew.com, Inc. in its sole discretion believes violates any of the terms and conditions in this Agreement. If YourNew.com, Inc. denies User access to the Service because of such a violation, User shall not have the right (1) to access through YourNew.com, Inc. any materials stored on the Internet, (2) to obtain any credit(s) otherwise due to User, and such credit(s) shall be forfeited, (3) to access third party services, merchandise or information on the Internet through YourNew.com, Inc., and YourNew.com, Inc. shall have no responsibility to notify any third-party providers of services, merchandise or information nor any responsibility for any consequences resulting from lack of notification.

2. EMAIL / SPAM / UCE

YourNew.com, Inc. maintains a "zero tolerance" for spam and UCE. Spamming or "UCE" (Unsolicited Commercial Email, which does not necessarily need to be commercial in nature, however) is the sending of unsolicited email to any person or persons the sender does not know or have prior explicit consent to send the message(s) to. Using fictitious email addresses of any domain housed on our network is forbidden. Unsolicited email of any type (to email addresses or newsgroup postings) is classified as UCE.

UCE referencing sites on our servers in any manner (as originator, intermediary, destination or reply-to address) is STRICTLY PROHIBITED and your account may be terminated without notice or refund if you send UCE through our network or your site on our network is referenced in UCE. In addition, we reserve the right to impose a minimum $250 fee for each reported unsolicited email. Additional charges may apply for administrative work or any penalties incurred by YourNew.com, Inc., Inc. or it's up line providers for abusing our services.

Opt-Out mailing lists are strictly prohibited. This includes any lists or databases purchased or otherwise obtained from third parties, as the persons on such lists did not specifically solicit mail from you. Any mailing lists you maintain must be true opt-in in nature. This requires a user to specifically request to be added to your mailing list. Having to unsubscribe from mailing lists during product registration and similar sign up forms is not classified as opt-in, but rather opt-out, which is in violation of this UCE policy. In addition, any opt-in mailing lists must include an automated unsubscribe facility where clicking on a link within the email will automatically and immediately unsubscribe users from lists. Reply-to email addresses to unsubscribe are known to be ignored and are unreliable, therefore not permitted within our UCE policy.

Any violation of this policy may result in the immediate termination of your email service and/or your entire account without notice at our sole discretion. No refunds will be issued for accounts canceled for sending or being referenced in UCE. We reserve the right to refuse or cancel service of known spammers. We may also notify any confirmed UCE to other service providers used or referenced in the transmission of UCE, as well as law enforcement agencies when appropriate.

Bottom-line -- UCE will not be tolerated!

3. SERVER ABUSE

Any attempt to cause harm or hack into our servers in any manner is strictly prohibited and we will pursue any user attempting to illegally access our servers. All evidence will be turned over to the FBI or other law enforcement agencies.

4. EXCESSIVE USAGE

User agrees to remain signed into the dial-up network only when actually making use of same, and to disconnect when idle for significant periods of time (more than 10 minutes). User also agrees to not remain connected to YourNew.com, Inc.’s system(s) for periods exceeding (5) five hours, in any single continuous session. User authorizes YourNew.com, Inc. to enforce these restrictions by appropriate software and network measures, automated and manual.

User agrees that all dial-up services will be limited to amount specified in the wholesale agreement, or otherwise 300 channel-hours per month for dual channel services or 150 hours for single channel services unless otherwise specified. Channel hours are calculated as each hour connected to the internet per channel (dual-channel equals two channel hours per connected hour). Otherwise, account will require an upgrade to a dedicated connection account. If a customer exceeds the hourly limit, their account will be temporarily disabled until the first of the next month. The setup or use of an additional account for the purpose of overriding any usage cap is strictly prohibited. Customers found to be in violation of this provision shall be charged for all usage at an overage rate. The time zone used for determination of hours will be CST time.

5. OVERAGES

If a customer is using more than what he/she ordered, YourNew.com, Inc. reserves the right to charge the customer overages. YourNew.com, Inc. reserves the right to go back twelve (12) months for overages. Overage rates for bandwidth are $15 per GB. Overage rate for space is $20 per 50 MB per month. Overage rate for design, uploading, consultation, web development services, and any other hourly services are 125% of applicable rates as outlined at http://www.yournew.com/rates.

6. NON TRANSFERABLE

The right to use the Service is not transferable. Accounts are for User's use only. User shall be responsible for the confidentiality of User's password. Loaning User's account to others, connecting a system used by multiple persons, group use of user log-ins, and consuming more than one modem line are explicitly prohibited. If User has multiple accounts, then User shall be limited to one log-in session per system account at any time. Violation of those terms shall constitute theft of Service and may be prosecuted under civil and criminal law.

7. NO CONFIDENTIALITY

Information transmitted through YourNew.com, Inc. and through the Internet in general is not confidential. YourNew.com, Inc. cannot and shall not guarantee privacy or protection of any User. YourNew.com, Inc. reserves the right to monitor any User's transmissions when deemed necessary for providing proper service and/or to protect the rights and property of YourNew.com, Inc.

8. CUSTOMER INFORMATION

Unless required by court order, subpoena or other legal request, or upon the advice of counsel, YourNew.com, Inc. reserves the right to publish User's name and other consumer information in one or more directories which may be accessed by other Internet users. In addition, unless User notifies YourNew.com, Inc. to the contrary as provided above, YourNew.com, Inc. may make such information available to third parties from time to time. User understands further that merchants on the Internet may have access to such information and may make it available to third parties in accordance with their normal practices unless User notifies those merchants directly that User does not wish such information to be made available.

9. PURCHASES ON THE SERVICE

If User wishes to make purchases on the Service, User may be asked by the merchant or information or service provider from whom User is making the purchase to supply certain information, including credit card or other payment mechanism information. User agrees that all information User may provide any merchant or information or service provider on the Service for purposes of making purchases shall be accurate, complete and current. The merchants and information and service providers offering merchandise, information and services on the Service set their own prices and may change prices or institute new prices at any time. User agrees to pay all charges incurred by users of User's account and credit card or other payment mechanism at the prices in effect when such charges are incurred. User shall also be responsible for paying any applicable taxes relating to purchases on the Service.

10. PAYMENT OBLIGATIONS

All services provided by YourNew.com, Inc. are due and payable in advance. In the event that YourNew.com, Inc. should choose to extend services to any user beyond the pre-paid term, YourNew.com, Inc. may terminate such allowance at any time at its sole discretion.

YourNew.com, Inc. has ZERO TOLERANCE for delinquency. Past due accounts are subject to immediate termination and subsequent service re-establishment fees. Any account which reflects a past due amount is subject to termination of any or all services, regardless of prepayment of any other particular service.

A User paying by credit card agrees to allow YourNew.com, Inc. to bill his or her card on each successive billing date, and for any additional services rendered, without obtaining User's permission after the initial charge. A User paying by credit card shall notify YourNew.com, Inc. of any changes in credit card number or expiration date. If the card is not honored for any reason, YourNew.com, Inc. will attempt to notify the cardholder by using the telephone information given at sign-up or by electronic mail. YourNew.com, Inc. will attempt to call the card holder, and if alternative billing has not been established, services will be terminated.

YourNew.com, Inc. may, at its sole discretion, require extended prepayment terms for any account with a history of late payment or disconnections due to late payment.

Dishonored checks are subject to a collection fee of $50 by YourNew.com, Inc. and User's account may be suspended until the account is current.

Past due accounts are subject to a late fee of 2.5% on the outstanding balance. Additionally, to reestablish terminated service will require a reconnect fee of up to $75 per domain or access user. Termination of Service shall not relieve User from the obligation to satisfy outstanding invoices. In the event YourNew.com, Inc. utilizes an attorney to collect any unpaid amounts, User shall be responsible for the payment of all of YourNew.com, Inc.'s attorneys' fees and costs in the collection of these sums.

YourNew.com, Inc. reserves the right to change prices at any time without prior notice to its customers or the public. Price changes will not be retroactive for existing customers, regardless of the length of their existing service subscription.

If Client chooses to register a domain name(s) through YourNew.com, Inc., Client acknowledges and agrees that Client will pay a registration fee(s) to register the domain name(s) with the applicable domain name registrar. YourNew.com, Inc. does not offer refunds for domain name registrations for any reason, including misspelling of the domain name.

If Client terminates this Agreement, Client shall be responsible for any outstanding fees owed to YourNew.com, Inc. and agrees to pay any and all fees incurred by Client. Clients who subscribe to services billed on a monthly basis will not be eligible for refunds of any kind. Client will be responsible for Service fees incurred each month regardless of when Client provides notice of termination. Thus, for example, if Client provides notice to terminate on the 15th of a particular month, Client will still owe fees for the entire month and such fees will not be pro-rated or refunded. If a client has prepaid for the year, YourNew.com, Inc. will not pro-rate refunds and no refund will be given. Purchasers of Wholesale services shall receive no refunds at any time regardless of usage or date of cancellation.

Billing disputes must be made in writing and sent to YourNew.com, Inc., PO Box 4426, Topeka, KS 66604-0426 within 30 of the original invoice date. Any disputes after the initial 30 days will be considered null and void. Courtesy invoices are supplied via email on the recurring billing date. It is the customer's responsibility to verify that the charges are appropriate and submit any disputes immediately.

YourNew.com, Inc. shall be entitled to immediately terminate this Agreement for Client's failure to make timely payments for services.

11. CLIENT LIABILITY AND INDEMNIFICATION

The parties agree that in no event shall YourNew.com, Inc. be liable to any third party for Client's breach or alleged breach of any of the terms and conditions set forth in this Agreement. Client agrees to defend, indemnify and hold harmless YourNew.com, Inc. from any and all expenses, losses, liabilities, damages or third party claims resulting from Client's breach or alleged breach of any Client obligations set forth hereunder.

11b. COMMERCE ON THE WEB

Through your uses of the YourNew.com, Inc. service, you may have opportunities to sell merchandise or services to subscribers to the YourNew.com, Inc. service and users of other communications outlets such as the Internet. You further acknowledge that all transactions relating to merchandise or services offered by you through the YourNew.com, Inc. service, including but not limited to the purchase terms, payment terms, warrantees, guarantees, maintenance and delivery terms for such transactions are agreed to solely between you and third party purchasers. YourNew.com, Inc. and its affiliates make no warranties or representations whatsoever with respect to your goods and services, or with respect to the qualifications of any third party purchaser.

12. TERM, TERMINATION, REINSTATEMENT

Subject to the terms and conditions hereof, this Agreement shall be effective on the date you register for the Services, and shall continue in effect on a month-to-month basis unless otherwise specified by separate agreement (the "Term") unless terminated earlier pursuant to the provisions of this Section 10. Either party will have the right to terminate this Agreement upon notice to the other party.

If Client is terminating this Agreement, Client must send such notification in writing to YourNew.com, Inc. PO Box 4426, Topeka, KS 66604-0426. All cancellation requests must be received no later than three business days before the end of your term, and termination shall be effective on the last day of the following term. Cancellations shall not be honored by electronic mail. Fees for any setup, shipping and handling, and monthly service charges placed by YourNew.com, Inc. are non-refundable. Pre-paid service is non-refundable. YourNew.com, Inc. will not refund any shipping or handling fees. Cancellations received after the first of the term will be charged for that term.

Sections 10 -18 shall survive termination or expiration of this Agreement.

13. TAXES

Client will pay and indemnify and hold YourNew.com, Inc. harmless from any and all taxes associated with or arising from Client's use of the Services, including any penalties and interest and any costs associated with the collection or withholding thereof.

14. DISCLAIMER OF WARRANTY

THE SERVICES, THE YOURNEW.COM, INC. SITE, INCLUDING WITHOUT LIMITATION, ALL PRODUCTS AND SERVICES DISPLAYED OR OFFERED ON THE YOURNEW.COM, INC. SITE, AND ALL TEXT, GRAPHICS, LINKS AND APPLICATIONS ARE PROVIDED TO CLIENT ON AN 'AS IS' BASIS AND WITHOUT WARRANTY OF ANY KIND. YOURNEW.COM, INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO EACH OF THE FOREGOING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOURNEW.COM, INC. SPECIFICALLY DISCLAIMS ANY WARRANTY THAT (1)THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (2) DEFECTS WILL BE CORRECTED; (3) THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS; AND (4) THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT.

14a. NO SYSTEM BACKUP

YourNew.com, Inc. is not required to perform system backups on any User's account(s). YourNew.com, Inc. shall not be held responsible for any lost email data, email attachments, or any email message contents, Web data, Web files, or any Website contents, regardless of the reasoning for data loss or system causes. Except as otherwise set forth herein, YourNew.com, Inc. will not provide historical data, to any party for any reason, regarding any system or Internet activity.

15. LIMITATION OF LIABILITY

IN NO EVENT SHALL YOURNEW.COM, INC. BE LIABLE FOR DAMAGES RESULTING FROM LOSS OF DATA, PROFITS, USE OF THE YOURNEW.COM, INC. SITE OR ANY YOURNEW.COM, INC. PRODUCTS OR SERVICES, OR FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION WITH ANY PRODUCTS OR SERVICES PROVIDED HEREUNDER. IN NO EVENT SHALL YOURNEW.COM, INC. CUMULATIVE LIABILITY EXCEED AN AMOUNT GREATER THAN FIVE HUNDRED DOLLARS ($500 US).

16. LAWFUL PURPOSE

YourNew.com, Inc. reserves the right to refuse service to anyone. Customers may only use YourNew.com, Inc. services for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. The designation of any materials as such described above is left entirely to the discretion of YourNew.com, Inc. management. Regardless of the place of signing this agreement, the client agrees that for purposes of venue this contract was entered into in Shawnee County, Kansas, and any dispute will be litigated or arbitrated in Shawnee County, Kansas. Defendants further waive all objections to venue and acknowledge that venue in any such litigation will be held in Shawnee County courts.

17. MISCELLANEOUS

If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted. This Agreement (including the Exhibits, attachments and/or addenda, if any,) represents the entire agreement of the parties with respect of the subject matter hereof and supersedes all prior and/or contemporaneous agreements or understandings, written or oral between the parties with respect to the subject matter hereof. This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by Client, but may be so transferred, assigned or delegated by YourNew.com, Inc.. Any waiver or any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right.

YourNew.com, Inc. may modify this Agreement from time to time by placing such modification on our Website, and User's continued use of the Service following such modification shall be deemed to be User's acceptance of any such modification. It is User's responsibility to check this online area regularly to determine whether this Agreement has been modified. If User does not agree to any modification of this Agreement, User must immediately stop using the Service.

This Agreement shall be governed by and construed in accordance with the laws of the United States of America, State of Kansas without regard to its conflicts of law provisions. Any cause of action User may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.

YourNew.com, Inc. shall not be liable or deemed to be in default for any delay or failure in performance under this Agreement or interruption of service resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, riots, civil disturbances, insurrections, accidents, dire, explosions, earthquakes, floods, the elements, strikes, labor disputes, shortages of suitable parts, materials, labor or transportation or any cause beyond the reasonable control of YourNew.com, Inc. .

Venue for litigation of any dispute, controversy, or claim arising out of, in connection with, or in relation to this Agreement, or the breach thereof, naming YourNew.com, Inc. as the defendant, shall be proper only in a venue determined by YourNew.com, Inc. .

In any action between YourNew.com, Inc. and User to enforce any of the terms of this Agreement, YourNew.com, Inc. shall be entitled to recover expenses, including reasonable attorney's fees.

User agrees to notify YourNew.com, Inc. if User moves or otherwise changes his or her mailing address or phone number, and to list a truthful name, postal address and telephone number on the forms User supplies to YourNew.com, Inc..

Links to other Web sites are available as a convenience, and do not constitute endorsement of material at those sites, or any associated organization, product, or service.

18. COPYRIGHT

The name "YourNew.com, Inc." and the YourNew.com, Inc. logo are property of YourNew.com, Inc. Use of the YourNew.com, Inc. text, graphics, or programming code, in any manner is strictly prohibited without prior written consent of YourNew.com, Inc. Violations will be prosecuted to the fullest extent of the law.

19. ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between User and YourNew.com, Inc. with respect to the Service.

DIGITAL CONTENT LICENSE AGREEMENT

PLEASE READ CAREFULLY BEFORE DOWNLOADING THE DIGITAL CONTENT (AS DEFINED BELOW). THIS LICENSE AGREEMENT CONSTITUTES A LEGAL AGREEMENT BETWEEN YOU AND YOURNEW.COM, INC. ("YOURNEW.COM, INC.", "WE" OR "US"), A PROVIDER OF WEB HOSTING, E-MAIL, ELECTRONIC COMMERCE, AND DOMAIN NAME SERVICES "SERVICES"). WE ARE NOT IN A POSITION TO OFFER GUIDANCE ON EACH INDIVIDUAL USE OF THE DIGITAL CONTENT. PLEASE CONSULT INDEPENDENT LEGAL RESOURCES IN CASES WHERE YOU ARE UNCERTAIN ABOUT INTENDED USAGE. SUPPLEMENTARY RIGHTS MAY NEED TO BE ACQUIRED IN SOME CASES.

A. ACCEPTANCE:

YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS SET OUT IN THIS LICENSE AGREEMENT;

IF YOU ARE ACCEPTING ON BEHALF OF A COMPANY, YOU REPRESENT AND WARRANT TO YOURNEW.COM, INC. THAT YOU HAVE FULL AUTHORITY TO BIND SUCH COMPANY; AND

IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT DOWNLOAD THIS DIGITAL CONTENT.

B. LICENSE:

Through our Services, you will be provided with objects including their API's as well as images, photographs, templates, animations, video, audio, music, text and "applets", and "online" or electronic documentation (together called the "Digital Content").

You may use, modify and publish the Digital Content in accordance with the terms of this License Agreement.

Any supplemental software code and supporting materials provided to you as part of support services for the Digital Content shall be considered part of the Digital Content and are subject to the terms and conditions of this License Agreement.

The copyright and all other rights to the Digital Content shall remain with our licensors.

C. PERMITTED USE OF DIGITAL CONTENT:
YOU MAY incorporate the Digital Content into your own original work and publish your work in a web site provided that:

The Digital Content is incorporated for viewing purposes only and no permission is given to download or save the Digital Content for any reason; and
You continue to pay for our Services.

D. UNAUTHORIZED USES OF DIGITAL CONTENT:
YOU MAY NOT:

Post web pages containing the Digital Content on servers other than those owned or operated by YourNew.com, Inc. or our suppliers;
Use the Digital Content for any purpose, if you no longer pay for our Services;
Use the Digital Content to create printed or "hard copy" documents;
Use the Digital Content in electronic format, on-line or in multimedia applications unless the Digital Content is incorporated for viewing purposes only and no permission is given to download or save the Digital Content for any reason;
Use the Digital Content in Web page design whereby the Digital Content is in a format designed or intended for storage or re-use by others;
Use or permit the use of the Digital Content or any part thereof as a trademark or service mark, or claim any proprietary rights of any sort in the Digital Content or any part thereof;
Use the Digital Content with images of identifiable individuals, products or entities in a manner that suggests their association with or endorsement of any product or service;
Create scandalous, obscene, defamatory or immoral works using the Digital Content, nor use the Digital Content for any other purpose which is prohibited by law;
Translate, reverse engineer, decompile, or disassemble the Digital Content;
Rent, lease, assign, transfer or redistribute the Digital Content or a copy thereof, to another person or legal entity; or
Use the Digital Content or make copies of it except as permitted in this License Agreement.

E. TERM:

This License Agreement shall remain in effect only for so long as you:
i. Are in compliance with the terms and conditions of this agreement; and
ii. Pay for the Services provided by YourNew.com, Inc.

You agree, upon termination, to cease using and destroy all copies of the Digital Content.

Section D above and the Limitations of Warranties and Liability set out below shall continue in force even after any termination.

F. LIMITATION OF WARRANTIES AND LIABILITY:
THE DIGITAL CONTENT IS PROVIDED ON AN "AS IS" BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABLE QUALITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE DIGITAL CONTENT IS ASSUMED BY YOU. NEITHER WE NOR OUR DEALERS OR SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR PROFIT, LOST OR DAMAGED DATA OR OTHER COMMERCIAL OR ECONOMIC LOSS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR THEY ARE FORESEEABLE. WE ARE ALSO NOT RESPONSIBLE FOR CLAIMS BY A THIRD PARTY. OUR MAXIMUM AGGREGATE LIABILITY TO YOU AND THAT OF OUR DEALERS AND SUPPLIERS SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR ONE MONTH'S ACCESS TO OUR SERVICES. THE LIMITATIONS IN THIS SECTION SHALL APPLY WHETHER OR NOT THE ALLEGED BREACH OR DEFAULT IS A BREACH OF A FUNDAMENTAL CONDITION OR TERM OR A FUNDAMENTAL BREACH. SOME STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

G. INDEMNIFICATION:
YOU SHALL INDEMNIFY YOURNEW.COM, INC. , OUR LICENSORS, PROVIDERS, SUPPLIERS OR AFFILIATES AGAINST ANY LOSSES, EXPENSES, COSTS OR DAMAGES INCURRED BY ANY OR ALL OF THEM AS A RESULT OF YOUR BREACH OF THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT, OR YOUR UNAUTHORIZED USE OF THE DIGITAL CONTENT AND RELATED RIGHTS.

H. U.S. GOVERNMENT RIGHTS:
With respect to any acquisition of the Digital Content by or for any unit or agency of the United States Government (the "Government"), the Digital Content shall be classified as "commercial computer software", as that term is defined in the applicable provisions of the Federal Acquisition Regulation (the "FAR") and supplements thereto, including the Department of Defense ("DoD") FAR Supplement (the "DFARS"). The Digital Content was developed entirely at private expense, and no part of the Digital Content was first produced in the performance of a Government contract. If the Digital Content is supplied for use by DoD, the Digital Content is delivered subject to the terms of this Agreement and either (i) in accordance with DFARS 227.7202-1(a) and 227.7202-3(a), or (ii) with restricted rights in accordance with DFARS 252-227-7013 (c)(1)(ii)(OCT 1988), as amended or applicable. If the Digital Content is supplied for use by a federal agency other than DoD, the Digital Content is restricted computer software delivered subject to the terms of this Agreement and (i) FAR 12.212(a); (ii) FAR 52.227-19; or (iii) FAR 52.227-14(ALT III), as amended or applicable.

I. GENERAL:

In the event that YourNew.com, Inc. notifies you that certain components of the Digital Content may no longer be used (for whatever reason), then such components cannot be used as part of a web site design or template layout, nor can they be used in any other larger work. If you receive such notification, you agree to cease using and destroy all copies of those components of the Digital Content identified by YourNew.com, Inc. in your possession or control.

This License Agreement is the entire agreement between us, superseding any other agreement or discussions, oral or written, and may not be changed except by a signed agreement.

This License Agreement shall be governed by and construed in accordance with the laws of the State of Kansas, excluding that body of law applicable to choice of law and excluding the United Nations Convention on Contracts for the International Sale of Goods and any legislation implementing such Convention, if otherwise applicable.

If any provision of this License Agreement is declared by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such a provision shall be severed from the License Agreement and the other provisions shall remain in full force and effect.