Terms and Conditions of Service (TOS)

One-sentence summary: If you use this site for legitimate non-spam purposes, nothing in the following legal gobbledygook will raise your blood pressure, but if you're a spammer or violate any of these Terms and Conditions of Service . . . well, don't say I didn't warn you! (Continue reading for the complete Terms and Conditions of Service.)

MySpamSponge.com is provided as a free service enabling its users to combat spam, enhance privacy, and achieve the other benefits possible via use of our service (the "Service" or "MySpamSponge.com"). The Service is provided by IdeaTeem, Inc., a Michigan corporation. This legal agreement is made between You and IdeaTeem, Inc. ("Agreement"). Please read the entire Agreement before using the Service in any way. By accessing MySpamSponge.com and using any Service provided by it, You agree to be bound by the terms and conditions of this Agreement. IF YOU DO NOT AGREE WITH ANY OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE THE SERVICE IN ANY WAY. The terms and conditions of this Agreement may be modified by MySpamSponge.com at any time, effective when posted on the Service. You can read the most current version of the Agreement at any time at http://www.MySpamSponge.com/tos.php.

ELIGIBILITY: Use of this Service is limited to persons 18 years of age or older, or by minors if their parents have read these Terms of Service and agree to accept full responsibility for any actions taken by them in connection with this Service, and furthermore agree to monitor all online activity of that minor in connection with our Service, directly or indirectly. By using the Service, You represent and warrant that You are at least 18 years old and have the right, authority, and capacity to enter into this Agreement and to abide by its terms and conditions, or that you are an eligible minor as stipulated above, and your parents have the right, authority, and capacity to enter into this Agreement and to abide by its terms and conditions. The MySpamSponge.com Service is for Your sole, personal use.

PROHIBITION OF BUSINESS USAGE: You may not use any MySpamSponge.com Service for any group or commercial activity without prior written consent from IdeaTeem, Inc. Use of our Service by any business entity, or any person, entity, organization, or computer acting on behalf of any business entity, is strictly prohibited.

You may use our partner site (Contactiform.com — coming soon) for legitimate business, group, or organization purposes as defined in its Terms of Service. MySpamSponge is reserved for use by individuals communicating one-on-one with other individuals for noncommercial purposes only.

TERM AND TERMINATION: You specifically agree to be bound by all provisions of the Agreement for all past, present, and future actions that You take or have taken as a result of Your participation in any MySpamSponge.com Service.

PROPRIETARY RIGHTS: If you believe that someone is using a handle (contact code) on our Service in a way that constitutes trademark or copyright infringement, please provide MySpamSponge.com with a Notice of Infringement Form consisting of the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; the MySpamSponge handle; your address, telephone number, and e-mail address; a written 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; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Our address for reporting infringement of intellectual property is: 6680 Traverse Road, Thompsonville, MI 49683. Notification from a copyright owner or from a person authorized to act on behalf of the copyright owner that fails to comply substantially with the provisions above shall not be considered as providing actual knowledge or an awareness of facts or circumstances from which infringing activity is apparent. Please provide a Notice of Infringement Form each time you wish to report alleged acts of infringement. If You contact MySpamSponge.com and are not the author of the material that You claim copyright ownership of, furnish MySpamSponge.com with proof of ownership. According to the Copyright Act (17 U.S.C. § 101 et.seq.), a transaction transferring copyright ownership must be in writing and must be signed by the owner of the copyright being transferred. In any dispute concerning copyright ownership, MySpamSponge.com shall assume that the author of the material is the copyright owner unless MySpamSponge.com is furnished with a written, signed contract that indicates otherwise.

USER CONDUCT: By using this Service, You agree that:

1. You will abide by all applicable laws and regulations. All rights to use MySpamSponge.com are granted on condition that such rights are forfeited if you fail to comply with every provision of this Agreement.

2. You agree not to transfer or resell Your use of or access to our Site to any third party. You agree that this service retains all rights to all handles used in conjunction with this site or affiliated sites. MySpamSponge.com retains sole ownership of all handles and all usage rights associated with them, so you may not sell your handle or restrict someone else from using it if you cancel your account, or if we terminate your account for any reason.

3. You are solely responsible for the handle (contact code) that you choose, and all actions that you take in connection with use of it or our site or Service in any way.

4. If You subscribe to any of our mailing lists, such as a request to be notified when we add new features to this site, You agree to accept and consent to receiving e-mail communications initiated from MySpamSponge.com. You agree that you will not consider any message from MySpamSponge.com to be spam; You therefore agree to waive any rights under the law concerning spam. You understand and agree that any advertisements posted on this site or sent in conjunction with e-mails to You are necessary for MySpamSponge.com to provide our Service. Your e-mail address will never be released to any person or corporation not affiliated with MySpamSponge.com unless MySpamSponge.com is presented with a court order compelling such disclosure, unless you have entered your e-mail address in one of our forms intended for you to contact someone, in which case you are voluntarily choosing to reveal your e-mail address to your recipient.

5. You will not impersonate any person or entity. You will not attempt to mislead others regarding the identity of the sender or the origin of a message.

6. You will not impersonate any MySpamSponge.com representative.

7. You will not generate any personal or identifying information about another person.

8. You will not collect or reuse, for commercial or non-commercial purposes, any content, including but not limited to text or photos, found on MySpamSponge.com.

9. You will not use our Service to engage in any business activity, including but not limited to advertising or marketing any product or service.

10. You will not resell our Service or any use of or access to our Service.

11. You will not use our Service to transmit any unsolicited commercial e-mail (spam), junk mail, chain letters, pyramid schemes, affiliate marketing, link referral code, or commercial advertisements of any sort.

12. You will not provide information that may assist others in illegally downloading music or video files.

13. You will not generate or transmit any material that exploits anyone under the age of 18 in a sexual or violent manner, or may harm minors in any way.

14. You will not "frame" or "mirror" any part of our Service, without our specific prior written and signed consent.

15. You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of our Service or its contents.

16. You will not access MySpamSponge.com in any way other than our normal user interface. Any attempt to access MySpamSponge.com in any automated or semi-automated way is strictly prohibited for all Users.

17. You will not interfere with the use and enjoyment of our Services by other Users, including but not limited to, attempts to interfere or disrupt our Service or any site, servers, or networks connected to MySpamSponge.com.

18. You will not generate, 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.

19. You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through our Service.

20. You will not use meta tags or code or other devices containing any reference to MySpamSponge.com or our Service or any site connected to our Service in order to direct any person or computer to any other web site for any purpose.

21. You will not provide information about illegal or potentially harmful activities such as the manufacture or usage of illegal drugs or weapons.

22. You will not choose any handle or transmit any message that is defamatory, libelous, inaccurate, abusive, pornographic, obscene, vulgar, profane, offensive, tortious, threatening, harassing, hateful, invasive of another's privacy, or racially or ethnically offensive. You will not choose any handle consisting of a name unless it is your name; any other usage will be considered impersonation, which is a violation of these Terms of Service and may subject you to other penalties.

23. You will not choose any handle or transmit any message that infringes or violates the rights of another party (including, but not limited to, rights of privacy and publicity, and intellectual property rights, including copyrighted material, trademarks, inside information, confidential information, trade secrets, or other proprietary information). It is Your responsibility to ensure that You obtain all consents, authorizations and clearances in any text owned or controlled by third parties that You use or transmit using this Service. MySpamSponge.com will not be liable in any way for any violations of copyright or other proprietary rights as a result of Your use of our Service.

24. You understand and agree that MySpamSponge.com will append your computer's IP (Internet Protocol) address and host to messages that you send as a way to deter, investigate, and prosecute any crime or violation of these Terms of Service. We also reserve the right to use other technological means to deter, investigate, and prosecute any crime or violation of these Terms of Service.

25. You understand and agree that MySpamSponge.com reserves the right to modify or discontinue, temporarily or permanently, our Service at any time with or without notice to you. You agree that MySpamSponge.com shall not be liable to you or any third party for any modification or discontinuance of our Service.

26. You understand and agree that MySpamSponge.com reserves the right to revoke any handle and the account associated with it at any time with or without notice to you for any reason that it deems acceptable. You agree that MySpamSponge.com shall not be liable to you or any third party for revoking any handle or account.

27. You understand and agree that you are solely responsible for all decisions, and the consequences of them, concerning the divulgence of your handle, personal information, or information of any sort.

28. You understand and agree that you may not change the wording of an intro card so that it may be perceived as being misleading, defamatory, libelous, inaccurate, abusive, pornographic, obscene, vulgar, profane, offensive, tortious, threatening, harassing, hateful, invasive of another's privacy, or racially or ethnically offensive.

29. You understand and agree that MySpamSponge.com has no obligation to provide you with the means to connect to our site or to use it. If you wish to use our site, you are solely responsible for obtaining Internet access through a suitable computer. Furthermore, you understand and agree that MySpamSponge.com has no obligation to assist you if you cannot utilize our site through its normal user interface, regardless of whether your inability to use our site is caused by a physical, mental, or other disability. If you have such an impairment and wish to use MySpamSponge.com, you are solely responsible for obtaining the assistance of someone who can help you utilize this site. However, if you have an idea on how we could expand access to this site so that users with various disabilities could use it without interfering with its existing functionality, such as that designed to thwart spammers, we welcome your suggestions, subject to the provisions of the SUGGESTIONS section presented below.

30. You understand and agree that You cannot sue MySpamSponge.com, IdeaTeem, Inc., or any of its officers, directors, employees, agents, subsidiaries, affiliates and any other related third parties, for any damages done to You through the site.

31. You understand and agree that, unless explicitly stated otherwise, none of the models are affiliated with this site, nor do they endorse any of its content. The models are models, not spokespersons. Furthermore, the models are not users of this site (as far as we know), and cannot be contacted through it. If any handle (contact code) is used in reference to a model, it is — for heaven's sake! — what's called an "example" and only an example. Therefore, you understand and agree that you will make no inference about the models in regard to their marital status, availability, or other personal matters. If you fail to comply with this provision, you understand and agree that you will pay the model(s) liquidated damages of $17,500,000 per model plus all fees incurred in the collection of the penalty, including court costs, attorney fees, and other expenses, for each violation.

32. You understand and agree that, if you send a question or comment to Dr. Pezzi, he may publish it in one of his books or web sites, or any other means of publication, without compensation to you. The best way to ensure that he does not publish anything you do not want published is not to send it to him. Dr. Pezzi is willing to keep you anonymous by not mentioning your name, or by mentioning your first name only, but if this is a concern to you, please explicitly state in your message what your preference is: not mentioning your name, mentioning your first name only, or using your full name. Similarly, if you do not want him to disclose your location, please explicitly state that in your message. Dr. Pezzi generally does not do that except in comments, such as:

"Hey, doc, I loved your book! Thanks for teaching me how science can make sex so much better! I'm looking forward to your next book!"

Mary in Minneapolis

Dr. Pezzi is sometimes willing to answer questions free, or at reduced cost, but since he has a limited amount of time (don't we all?), this is a quid pro quo in which your question is the quid and his response is the quo.

33. You understand and agree that if you communicate with Dr. Pezzi via this service and he responds by it, e-mail, snail mail, or any other means, no doctor-patient relationship is established regardless of the nature of your question and whether you paid for it. Dr. Pezzi offers informational, educational services only, not medical services, via the Internet. Dr. Pezzi strongly believes the Internet is a great medium for exchanging information but not for treating patients. With regard to any information given, no liability is assumed with respect to its use. Medicine is an ever-changing science. The information presented is based upon my assessment of the current body of knowledge, but this base of information will change in the future. Hence, before instituting any of the measures presented you should consult with, and obtain the approval of, your physician for the most current recommendations. No information given should be construed as offering individual medical advice. It is impossible to practice medicine via the Internet, so I strongly encourage you to discuss with your doctor any information you obtain from me or other sources before you use that information. Given the innate variability of people, it is critical that your physician approves the adoption of any information herein contained as being safe and effective for you. A physician's circumspection is his—and your—greatest asset. To practice safe and optimally effective medicine, a physician must have a complete knowledge of his patient, including a current history, review of systems, past medical and surgical history, present and past medications, drug allergies and adverse reactions, social history, family history, physical examination, and knowledge of your current and past laboratory, x-ray, and other tests.

34. You understand and agree that you may use this site to register for updates or future editions to Dr. Pezzi's books or e-books ONLY IF YOU ORDERED THE VERSION(S) WITH UPGRADES OR UPDATES, or if Dr. Pezzi gave you specific prior authorization to register for those updates or future editions. You understand and agree that any other use of this site to register for those updates or future editions constitutes fraud that subjects you to the penalty given below.

PENALTIES: You understand and agree that, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated, then You will be liable to pay MySpamSponge.com liquidated damages for each instance of violating any of our Terms of Service. These liquidated damages are:

1. For any attempted Denial of Service attack: $10,000,000 per occurrence plus all fees incurred in the collection of the penalty, including court costs, attorney fees, and other expenses. In consideration of the malicious nature of the attack, you understand and agree that this debt cannot be discharged by bankruptcy (giving us the right to seize your future assets), and that you waive all rights that you may have concerning extradition in any legal proceedings against you relating to this matter. In further consideration of the malicious nature of the attack, you understand and agree that you waive all rights to use a company, corporation, or organization to shield your personal assets, making you, your company, corporation, organization, or any involved company, corporation, or organization, jointly liable for the penalties and fees.

2. For any attempt to bypass our normal user interface and access, alter, or interfere with our database or any MySpamSponge.com functionality other than that stipulated above: $1,000,000 per occurrence plus all fees incurred in the collection of the penalty, including court costs, attorney fees, and other expenses. In consideration of the malicious nature of the attack, you understand and agree that this debt cannot be discharged by bankruptcy (giving us the right to seize your future assets), and that you waive all rights that you may have concerning extradition in any legal proceedings against you relating to this matter. In further consideration of the malicious nature of the attack, you understand and agree that you waive all rights to use a company, corporation, or organization to shield your personal assets, making you, your company, corporation, organization, or any involved company, corporation, or organization, jointly liable for the penalties and fees.

3. For any business usage other than that stipulated above: $1000 per occurrence plus all fees incurred in the collection of the penalty, including court costs, attorney fees, and other expenses.

4. For any business usage in which you transmit any unsolicited commercial e-mail (spam), junk mail, chain letters, or pyramid schemes: $1,000,000 per occurrence plus all fees incurred in the collection of the penalty, including court costs, attorney fees, and other expenses. In consideration of the malicious nature of the attack, you understand and agree that this debt cannot be discharged by bankruptcy (giving us the right to seize your future assets), and that you waive all rights that you may have concerning extradition in any legal proceedings against you relating to this matter. In further consideration of the malicious nature of the attack, you understand and agree that you waive all rights to use a company, corporation, or organization to shield your personal assets, making you, your company, corporation, organization, or any involved company, corporation, or organization, jointly liable for the penalties and fees.

You will pay these penalties to the recipient of your message and/or IdeaTeem, Inc. (owner of MySpamSponge.com) according to the provisions of the following $1,000,000 No-Spam Guarantee:

4 (a). $1,000,000 No-Spam Guarantee: If you receive any unsolicited commercial e-mail (spam), junk mail, chain letters, or pyramid schemes, the person, persons, company, corporation, or organization responsible for sending that prohibited message agree to pay you $1,000,000 per occurrence plus all fees incurred in the collection of the penalty, including court costs, attorney fees, and other expenses if you choose to file and fund the lawsuit on your own. If you request that IdeaTeem, Inc. (owner of MySpamSponge.com) file and fund the lawsuit, we will split (50:50) the award with you after deducting our court costs, attorney fees, and other expenses.

5. For sending a message that is defamatory, libelous, inaccurate, abusive, pornographic, obscene, vulgar, profane, offensive, tortious, threatening, harassing, hateful, invasive of another's privacy, or racially or ethnically offensive: $1000 per occurrence, in addition to any other penalties that may apply, plus all fees incurred in the collection of the penalty, including court costs, attorney fees, and other expenses. In consideration of the malicious nature of your action(s), you understand and agree that this debt cannot be discharged by bankruptcy (giving us the right to seize your future assets), and that you waive all rights that you may have concerning extradition in any legal proceedings against you relating to this matter. In further consideration of the malicious nature of the attack, you understand and agree that you waive all rights to use a company, corporation, or organization to shield your personal assets, making you, your company, corporation, organization, or any involved company, corporation, or organization, jointly liable for the penalties and fees.

6. For fraudulently registering a handle (contact code) to obtain updates or future editions of Dr. Pezzi's books or e-books without first paying for those updates or future editions, or without first being given specific authorization from Dr. Pezzi: $10,000 per occurrence, plus all fees incurred in the collection of the penalty, including court costs, attorney fees, and other expenses. In consideration of the malicious nature of your action(s), you understand and agree that this debt cannot be discharged by bankruptcy (giving us the right to seize your future assets). In further consideration of the malicious nature of the attack, you understand and agree that you waive all rights to use a company, corporation, or organization to shield your personal assets, making you, your company, corporation, organization, or any involved company, corporation, or organization, jointly liable for the penalties and fees.

7. For violating the above ELIGIBILITY clause restricting use of this service to adults over the age of 18: $2,500,000 per occurrence, plus all fees incurred in the collection of the penalty, including court costs, attorney fees, and other expenses. Any adult who uses this service and tries to pass off (represent) himself or herself as a child (a person below the age of 18 years) to any recipient shall pay an additional penalty of $500,000,000 per occurrence plus all fees incurred in the collection of the penalty, including court costs, attorney fees, and other expenses. In consideration of the malicious nature of the violation, you understand and agree that this debt cannot be discharged by bankruptcy (giving us the right to seize your future assets), and that you waive all rights that you may have concerning extradition in any legal proceedings against you relating to this matter. In further consideration of the malicious nature of the violation, you understand and agree that you waive all rights to use a company, corporation, or organization to shield your personal assets, making you, your company, corporation, organization, or any involved company, corporation, or organization, jointly liable for the penalties and fees.

8. For all other TOS violations: $100 per occurrence plus all fees incurred in the collection of the penalty, including court costs, attorney fees, and other expenses.

An occurrence shall be defined as:

1. Creating an account that violates one or more of these Terms of Service.

2. Sending one message through MySpamSponge.com that violates one or more of these Terms of Service.

3. Any other single act that violates one or more of these Terms of Service.

MySpamSponge.com may choose, in its sole discretion, to issue a warning before assessing damages. MySpamSponge.com may choose, in its sole discretion, to distribute some or all of the damages paid to it to any person or corporation affected by a TOS violation.

In consideration of the malicious nature of any of the above attacks enumerated in this PENALTIES section, you understand and agree that IdeaTeem, Inc. (owner of MySpamSponge.com) and its owners, acting independently or as representatives of IdeaTeem, Inc. or MySpamSponge.com, may publicize the judgment against you and may publicly identify you as a spammer or other miscreant in any way that we deem appropriate, in our sole discretion, indefinitely and without limitation, and that you waive all rights that might limit our ability to attack your name, reputation, or likeness. In further consideration of the malicious nature of any of the above attacks enumerated in this PENALTIES section, you understand and agree that IdeaTeem, Inc. (owner of MySpamSponge.com) and its owners, acting independently or as representatives of IdeaTeem, Inc. or MySpamSponge.com, may use your name, personal information, photograph or other likeness, in any way that we deem appropriate, in our sole discretion, indefinitely and without limitation, and that we may also use the name, likeness, or other representation of your company, corporation, organization, or any involved company, corporation, or organization. You specifically agree that we may attempt, in any way that we deem appropriate, in our sole discretion, indefinitely and without limitation, to humiliate, lampoon, debase, demean, defile, embarrass, mortify, shame, and otherwise subject to ridicule you or your company, corporation, organization, or any involved company, corporation, or organization.

INDEMNITY BY USER: You agree to defend, indemnify, and hold IdeaTeem, Inc., its officers, directors, employees, agents, subsidiaries, affiliates and any other related third parties, harmless relative to any liabilities, damages, losses, costs, and/or expenses, to include reasonable and actual attorney fees, directly or indirectly relating to or arising out of your use of MySpamSponge.com, including, but not limited to:

1. Your breach of this Agreement.

2. Your activities in connection with our Service.

3. Any allegation that any materials that You submit to MySpamSponge.com, or transmit via our Service, infringes or otherwise violates the copyright, trademark, trade secret, or other intellectual property or other rights of any third party.

ONLINE CONTENT: You agree and acknowledge that opinions, advice, statements, offers or other information or content made available through any use of our Service, unless expressly stated to the contrary, are not made by or on behalf of MySpamSponge.com. Opinions, advice, statements, offers, or other information or content made available through the use of MySpamSponge.com's Service, but not directly by MySpamSponge.com, are those of their respective authors. MySpamSponge.com MAKES NO REPRESENTATION OR WARRANTY WHATSOEVER, with regard to such matters. Such authors are solely responsible for such content. MySpamSponge.com does not represent, warrant, guarantee, or vouch for, in any respect, the accuracy, completeness, or usefulness of any information on the MySpamSponge.com Service, and MySpamSponge.com neither endorses nor can be responsible for the accuracy or reliability of any opinion, advice or statement made by parties other than MySpamSponge.com. Under no circumstances shall MySpamSponge.com be responsible for any loss or damage resulting from any person's reliance upon information generated or transmitted by this Service. MySpamSponge.com claims immunity from liability to the fullest extent under the law and as provided under the Communications Decency Act for Content provided by third parties, and nothing in this Agreement is intended to waive, remove, or usurp such immunity.

SUGGESTIONS: If You have suggestions on how to improve our Service or can suggest new applications for it, please contact MySpamSponge.com at http://www.MySpamSponge.com/contact.php. Please note that by doing so, You also grant MySpamSponge.com and third parties permission to use and incorporate your ideas or comments into our Service (or other IdeaTeem, Inc. products and services) without further compensation, although MySpamSponge.com may, in its sole discretion, send You a gift package if You are the first to suggest a beneficial application or improvement.

ADVERTISERS, VENDORS, AND THIRD PARTIES: Your correspondence, transactions or other dealings with advertisers, or other third parties available on or linked through MySpamSponge.com, including but not limited to payment and delivery of related goods or services, and other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser, partner, vendor or other third party. MySpamSponge.com does not endorse nor is MySpamSponge.com responsible or liable for any content, advertising, products, or other materials on or available from such parties or resources. You agree not to hold MySpamSponge.com liable for any loss or damage incurred as the result of your participation with the advertisers, partners, vendors, or other third parties available on or through our Service, or as the result of any dealings with such parties, including but not limited to the purchase or use of goods or services offered on or through the MySpamSponge.com site.

INTELLECTUAL PROPERTY: All intellectual property rights in and to our Service are and shall be owned by MySpamSponge.com, absolutely. Those rights include, but are not limited to, database rights, patents, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights, wherever existing in the world, together with the right to apply for protection of the same; MySpamSponge.com waives no such rights, and expressly reserves the same. You may not copy, modify, publish, transmit, distribute, perform, display or sell any MySpamSponge.com material or information obtained from our Service. You agree not to duplicate, reproduce, copy, sell, trade, or exploit for any commercial purpose, any of our Services. You agree not to modify, adapt, sublicense, translate, or create derivative works based on our Service, in whole or in part. You agree not to reverse engineer, reverse assemble, decipher, decompile, or otherwise attempt to discover any source code used by MySpamSponge.com for the provision of our site or Services. You agree not to modify our software in any manner or form, or to use modified versions of our software, or to cause or enable others to do so. Our Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws and international conventions. Any modification, copying, reproduction, duplication, or creation of derivative works from, is prohibited. You may not copy, reproduce, duplicate, sell, or exploit for any purpose, any aspect of our Service.

PRIVACY: You agree to the terms and conditions of our Privacy Policy. If You are located outside of the United States, please note that the information that You provide is being sent to the United States. By using our Service, You consent to Your data being sent to the United States and to such other third parties that may be involved in the provision and operation of the Service.

DISCLAIMERS:

1. AS IS. MYSPAMSPONGE.COM PROVIDES ITS SERVICE SOLELY ON AN "AS IS" BASIS.

2. NO WARRANTIES. MYSPAMSPONGE.COM GRANTS NO WARRANTIES OF ANY KIND, EXPRESSED, IMPLIED, STATUTORY, DIRECTLY OR IN ANY OTHER COMMUNICATION WITH OUR REPRESENTATIVES, OR WITH MYSPAMSPONGE.COM, DIRECTLY OR OTHERWISE, WITH RESPECT TO THE SERVICE.

3. EXPRESS DISCLAIMER OF IMPLIED WARRANTIES. MYSPAMSPONGE.COM EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT.

4. OTHER WARRANTIES. FURTHER, MYSPAMSPONGE.COM DOES NOT WARRANT THAT YOUR USE OF THE SERVICE WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE OR ERROR FREE, OR THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED. MYSPAMSPONGE.COM DISCLAIMS LIABILITY FOR, AND MAKES NO WARRANTY WHATSOEVER, WITH RESPECT TO CONNECTIVITY AND AVAILABILITY.

5. NO WARRANTIES AS TO CONTENT. ANY MATERIAL DOWNLOADED, OR OTHERWISE OBTAINED BY USE OF OUR SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT MYSPAMSPONGE.COM IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER.

6. SOLE AND EXCLUSIVE REMEDY. IF YOU ARE DISSATISFIED WITH ANY MYSPAMSPONGE.COM SERVICE, OR WITH ANY OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, AT ANY TIME, NOW OR IN THE FUTURE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE UTILIZATION OF MYSPAMSPONGE.COM SERVICE.

LIMITATION OF LIABILITY: IN NO EVENT WILL MYSPAMSPONGE.COM BE LIABLE TO YOU FOR ANY DIRECT, INCIDENTAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, LOSS OF PROGRAMS, GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR SERVICE INTERRUPTIONS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF MYSPAMSPONGE.COM OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF YOU ARE A RESIDENT OF SUCH A JURISDICTION, OR ACCESS OUR SERVICE IN OR THROUGH SUCH A JURISDICTION, MYSPAMSPONGE.COM EXPRESSLY INSISTS THAT YOU DO NOT USE ANY OF OUR SERVICES.

COMPLAINTS: To resolve a complaint regarding our Service, You should first contact MySpamSponge.com by means of the Contact Us form available at http://www.MySpamSponge.com/contact.php.

SPECIAL ADMONITIONS FOR INTERNATIONAL USE: Recognizing the global nature of the Internet, you agree to comply with all local rules and applicable laws regarding acceptable content, online conduct, and the transmission of data exported from the United States or the country in which you reside.

EXPORT/IMPORT CONTROLS: Use of our Services is subject to United States export controls and the import control laws of other countries. No use of our web site or Service is permitted by (1) a national or resident of Cuba, Iran, Iraq, Libya, North Korea, or Syria, or any national or resident of any other Country to which the U.S. has embargoed goods or (2) anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders or Denied Persons List. By using our Service, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

DISPUTE RESOLUTION: If there is any dispute involving MySpamSponge.com or our Service, You agree that the dispute will be governed by and construed in accordance with the laws of the State of Michigan without regard to the conflict of law provisions of Michigan or your actual state or country of residence. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.

GENERAL: You certify that You have read and that You agree to be bound by the terms and conditions in this Agreement. If any provision of the Agreement is found by a court to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect. The failure of MySpamSponge.com to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. These Terms of Service constitute the entire agreement between You and MySpamSponge.com with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms of Service will be effective only if in writing and signed by IdeaTeem, Inc. You hereby consent to the exchange of information and documents between us electronically over the Internet or by e-mail, and that this electronic Agreement shall be the equivalent of a written paper agreement between us.