FREEZE.COM LLC SOFTWARE LICENSE AND CONTENT AGREEMENT, PRIVACY POLICY, AND EMAIL POLICY SCROLL DOWN TO READ This Software License and Content Agreement (the "Agreement") is a legal agreement between you, the individual or entity installing the Software ("End User"), and Freeze.com, LLC ("Freeze"). This document also contains Freeze’s Privacy Policy. By clicking your agreement below, and/or by downloading, installing, copying, running, or using the Freeze Download Helper(TM), Freeze ScreenMate(TM), or My Freeze SearchMate(TM) software (collectively, the "Freeze Software"), and/or the screensavers, clipart, wallpaper, skins, games, buddy icons, fonts, desktop themes, funny movies, funny cartoons, animations, and/or other content available via the freeze.com web site (collectively, the "Freeze Content"), you are agreeing to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, you must click on the Cancel or Decline button, you may not use the Freeze Software or the Freeze Content, and you must destroy any copy of the Freeze Software and the Freeze Content in your possession. This Agreement may be modified by Freeze from time to time, in Freeze’s sole discretion. The last date of modification is set forth below. * SOFTWARE LICENSE AND CONTENT AGREEMENT 1. Grant of License. Freeze grants to End-User a non-exclusive, non-transferable and non-assignable license to use the Freeze Software (including without limitation the Modifications, as defined in Section 10, below) and Freeze Content within the United States of America, in accordance with the terms and conditions of this Agreement. End User may use the Freeze Content solely for End User’s personal, non-commercial use, unless End User is a current, fully-paid Freeze.com subscriber, and has agreed to the terms of the Subscriber Agreement, in which case End User may use the Freeze Content as permitted under the Subscriber Agreement. Other than the rights expressly granted to End User hereunder, no other right is granted to End User. End User may not modify, translate, disassemble, decompile, reverse engineer, or create derivative works of the Freeze Software or Freeze Content. End User may not rent, lease, sell, redistribute, sublicense or otherwise transfer this license, the Freeze Software, or the Freeze Content. End User may make only such copies of the Freeze Software and/or Freeze Content as are reasonably necessary for End User’s own use as permitted under the terms of this Agreement, and any copy made by End User must bear the same copyright and other proprietary notices that appear on the copy furnished to End User by Freeze. 2. Termination. This license will terminate automatically and immediately in the event End User violates any provision of this Agreement. Freeze may terminate this license at any time, with or without notice to End User. 3. Ownership. As between Freeze and End User, Freeze is the owner or licensee of all intellectual property rights in and to the Freeze Software and Freeze Content, and the ideas, procedures, processes, systems, methods of operation, and concepts that are embodied within the Freeze Software are trade secret information of Freeze. This license is not a sale of a copy of the Freeze Software or Freeze Content and does not render End User the owner of a copy of the Freeze Software or Freeze Content. Ownership of the Freeze Software and Freeze Content and all components and copies thereof will at all times remain with Freeze (or its licensors), regardless of who may be deemed the owner of the tangible media in or on which the Freeze Software or Freeze Content may be copied, encoded or otherwise fixed. 4. Disclaimer of Warranties. THE FREEZE SOFTWARE AND FREEZE CONTENT ARE PROVIDED BY FREEZE AND ACCEPTED BY END USER "AS IS," "WITH ALL FAULTS," AND WITHOUT ANY WARRANTY WHATSOEVER. ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, ARE SPECIFICALLY EXCLUDED AND DISCLAIMED BY FREEZE. FREEZE DOES NOT WARRANT THAT THE FREEZE SOFTWARE, FREEZE CONTENT, OR ANY PORTION THEREOF WILL MEET THE END USER’S REQUIREMENTS OR THAT THE OPERATION OF THE SAME WILL BE UNINTERRUPTED OR ERROR FREE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE FREEZE SOFTWARE AND FREEZE CONTENT IS WITH END USER. 5. Exclusive Remedy. End User’s sole and exclusive remedy for breach of the foregoing warranty shall be to discontinue use of the Freeze Software and/or Freeze Content. 6. Limitation of Liability. FREEZE SHALL IN NO EVENT BE LIABLE TO END USER OR ANY OTHER PERSON FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL INDIRECT, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, EQUIPMENT DOWNTIME, LOSS OF DATA, OR LOST PROFITS, EVEN IF FREEZE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. END USER AGREES THAT THE AGGREGATE LIABILITY OF FREEZE AND ITS LICENSORS, HOWSOEVER ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF, SHALL, IN NO EVENT, EXCEED FIFTY DOLLARS (US$50.00). BY INSTALLING OR USING THE FREEZE SOFTWARE OR FREEZE CONTENT, END USER ACCEPTS SOLE RESPONSIBILITY FOR ALL CONSEQUENCES ARISING THEREFROM AND ACKNOWLEDGES THAT NO CLAIM WHATSOEVER WILL BE MADE AGAINST FREEZE OR ITS LICENSORS, DISTRIBUTORS, AGENTS, EMPLOYEES OR AFFILIATES. 7. Promotional Information. By downloading the Freeze Software or Freeze Content, End User hereby grants permission to Freeze to deliver to End User’s computer, via the Freeze Software and/or the Freeze Content, and to display to End User, promotional information, advertisements, and offers for third party products or services (collectively, "Advertising"). The Advertising may include, without limitation, content, offers for products or services, data, links, articles, graphic or video messages, text, software, music, sound, graphics or other materials or services. The timing, frequency, placement and extent of the Advertising is subject to change and shall be determined in the sole discretion of Freeze and/or the third party advertisers. End User’s viewing, correspondence, transactions, or business dealings with, or participation in promotions of, any Advertisement or sponsor of such Advertisement, including without limitation payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between the End User and the third party advertiser. End User agrees that Freeze is not responsible or liable for any loss or damage of any sort incurred as the result of such dealings, or as the result of the delivery or display of the Advertisements. 8. Installation of Bundled Third Party Software. End User may have the option to install certain third party software at the time End User installs the Freeze Software. Installation of certain other third party software may be required at the time End User installs the Freeze Software. All third party software (collectively, "Third Party Software") is subject to third party license agreements. By installing and/or using any optional or required Third Party Software, you agree to accept the Third Party Software and to comply with the applicable license agreements. Freeze is not responsible for, makes no warranties with respect to, and shall not be liable for any damage in connection with, the Third Party Software. 9. Optional Functionality. The Licensed Content and/or Software may include optional enhanced functionality. For example, End User may opt to make freeze.com End User’s default home page or default search tool using My Freeze SearchMate(TM). Such enhanced functionality may change End User’s default browser settings and/or add or alter End User’s desktop or Start menu links. The "Help" section, at http://www.freeze.com/snow/help, provides instructions for uninstalling the Freeze ScreenMate(TM), Freeze Download Helper, My Freeze SearchMate(TM), and other Freeze Software or Content. 10. Modifications. End User agrees that Freeze may, in its sole discretion, access End User’s computer, and/or cause the Freeze Software to contact Freeze servers, in order to provide additional or modified functionality, updates, enhancements and upgrades to the Freeze Software and/or the Freeze Content (collectively "Modifications"). Freeze may uninstall or otherwise remove from End User’s computer the Freeze Software and/or the Freeze Content at any time with or without prior notice to End User. 11. Use of Personally Identifiable Information. End User hereby authorizes Freeze to collect, store, use, and distribute End User’s personally identifiable information in accordance with the terms of Freeze’s Privacy Policy, set forth below, and also available at http://www.freeze.com/snow/info/policy.shtml. The Privacy Policy may be modified from time to time in Freeze’s sole discretion. The last date of modification is set forth in the Privacy Policy. 12. End User’s Obligations. End User represents and warrants that (a) End User is the owner or an authorized user of the computer on which the Freeze Software and/or Freeze Content is installed, (b) End User has the right to use the information provided to Freeze for the purposes described in this Agreement, the Privacy Policy, or in furtherance of the services available via freeze.com, (c) End User shall use the Freeze Software, the Freeze Content, and the freeze.com web site only for lawful purposes, and will comply at all times with all applicable federal, state, and local laws and regulations applicable to the use of the same, and (d) End User is at least thirteen years of age. Persons under thirteen years of age may not use the Freeze Software or Freeze Content. End User agrees not to use any automated or manual process to interfere with, modify, or attempt to interfere with or modify the Freeze Software or Freeze Content, except to uninstall the same as provided herein. End User acknowledges sole responsibility for installing appropriate anti-virus software and other security measures on End User’s computer. 13. Indemnification. End User shall defend, indemnify and hold harmless Freeze, its licensors, any entities controlling, controlled by or under common control with Freeze, and each of their respective officers, directors, attorneys and employees (each, an "Indemnified Party") against any losses, claims, damages, liabilities, penalties, actions, proceedings or judgments (collectively, "Losses") to which an Indemnified Party may become subject that arise out of, or relate to: (i) End User’s use or inability to use the Freeze Software and/or the Freeze Content; (ii) any violation by End User of this Agreement and/or the license agreement of governing any Third Party Software; (iii) End User’s infringement or misappropriation or alleged infringement or misappropriation of any copyright, trademark, patent, trade secret or other personal or proprietary right; or (iv) any gross negligence or willful misconduct of End User. End User shall reimburse an Indemnified Party for all legal and other expenses, including without limitation attorneys’ fees incurred by such Indemnified Party in connection with investigating, defending or settling any Loss. 14. General Provisions. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Freeze’s designated agent. See Notice and Procedures for Making Claims of Copyright Infringement. Every provision of this Agreement will be construed, to the extent possible, so as to be valid and enforceable. If any provision of this Agreement so construed is held by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable, such provision will be deemed severed from this Agreement, and all other provisions will remain in full force and effect. The failure by Freeze at any time to enforce any of the provisions of this Agreement or any right or remedy available hereunder or at law or in equity, or to exercise any option herein provided, will not constitute a waiver of such provision, right, remedy or option or in any way affect the validity of this Agreement. The waiver of any default by Freeze will not be deemed a continuing waiver, but will apply solely to the instance to which such waiver is directed. This Agreement will in all respects be governed by and interpreted, construed and enforced in accordance with the laws of the United States of America and the state of Minnesota without respect to its choice of law provisions. Any action between the parties will be venued in a state or federal court situated within the state of Minnesota, and Licensee irrevocably submits itself to the personal jurisdiction of such courts for such purpose. This Agreement will be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns. The Publishers are limited third party beneficiaries of this Agreement. No other third party beneficiaries are intended or shall be construed as created by virtue of this Agreement. This Agreement shall not be construed as creating or constituting any partnership, joint venture or agency relationship between the parties. Any terms of this Agreement that would, by their nature, survive the expiration or termination of this Agreement will so survive. This Agreement sets forth the entire agreement and understanding between Freeze and End User regarding the subject matter hereof and supersedes any prior representations, advertisements, statements, proposals, negotiations, discussions, understandings, or agreements regarding the same subject matter. End User acknowledges that it has not been induced to enter into this Agreement by any representations or statements, oral or written, not expressly contained in this Agreement. This Agreement may not be modified or amended except as described herein, or by a separate writing, referencing this Agreement and signed by both End User and an authorized representative of Freeze. Last Modified: May 20, 2004. FREEZE is a registered trademark of Freeze.com, LLC. * FREEZE.COM PRIVACY POLICY Freeze.com, LLC ("Freeze") is committed to safeguarding your privacy online and respects the privacy of its customers and the users of this website and the services provided by Freeze. This Privacy Policy ("Privacy Policy") discloses how we collect and use information, and the choices that you can make about the way your information is collected and used. In addition to the many services that Freeze provides throughout the Freeze network of affiliated companies, Freeze delivers advertisements, promotions and offers by e-mail and through its screensavers to its members and subscribers who have opted-in to receive such messages, either directly through Freeze, or through one of our partners or affiliates (the "Service"). Freeze is committed to providing you with relevant and timely offers catered to your specific interests that you want to receive, in addition to allowing us to continue to provide you with the latest in screensaver, wallpaper and desktop enhancement technology. Freeze is dedicated to following only responsible and ethical e-mail practices. Freeze takes an aggressive stance against unsolicited commercial e-mail and is continually updating its policies and procedures to comply with the Can-Spam Act of 2003. In that regard, we know that just because you opted-in to receive Freeze messages or downloaded a screensaver, you may want to discontinue future e-mail offers and promotions from Freeze. You can remove yourself from any or all of our lists and offers at any time by following the simple instructions at support.freeze.com. Additionally, every e-mail that Freeze sends to its members and subscribers contains a working unsubscribe link prominently displayed at the bottom of each e-mail. By clicking on such link, you will be automatically removed from future Freeze offers and promotions. Lastly, if a Freeze advertiser provides Freeze a link to the advertiser’s internal e-mail suppression list, Freeze will provide this link to you with our offer delivery so that you may choose to remove yourself from a specific offer. For more information on our commitment against unsolicited commercial e-mail, please see our E Mail Best Practices Policy at http://www.freeze.com/snow/info/bestpractices.shtml. Freeze is committed to making your use of www.freeze.com and www.screensaver.com (collectively the "Site") as easy and enjoyable as possible. Please take a moment to read the following Privacy Policy to determine how you personal information will be treated as you make full use of our many offerings. By using the Site and/or the Service, or providing the information requested by the Site and/or Service, or by continuing to use the Site and/or Service after having an opportunity to review this Privacy Policy, you agree to accept the terms of our Privacy Policy and Freeze’s use of the information it collects. If you do not agree to the terms of this Privacy Policy, please do not use the Site or participate in the Service. Freeze reserves the right to modify this Privacy Policy at any time without giving you prior notice. Your use of the Site or the Service following any such modification constitutes your agreement to be bound by this Privacy Policy as modified. The last date this Privacy Policy was revised or modified is set forth below ("Effective Date"). I. What personally identifiable information does Freeze collect from me? Freeze collects information in several ways from affiliates and different parts of our network of web sites. Some personal information is gathered when you register. During registration, Freeze will require your e-mail address in order to use the Service. Freeze will also require your name, date of birth, zip code, country and gender in order to provide the Service, although this information may not necessarily be collected by Freeze upon completion of the registration process. Additionally, Freeze may request, but does not require, your credit card number and/or social security number, as well as personal interests in order to provide the Service. The more information you volunteer (and the more accurate it is), the better we are able to customize your experience and the Service that you receive. As always, you can simply view the Site without registering for a membership or subscribing to portions of the Service without being required to provide any personal information, except that which is necessary to accommodate your request. In addition to registration we may ask you for personal information at other times, including, but not limited to, when you request access to our entertainment or computer utilities offerings, etc., or agree to download our content for your use. If you contact Freeze, we may keep a record of that correspondence. Freeze also occasionally asks users to complete surveys that we use for research purposes. Wherever Freeze collects personal information, we make an effort to include a link to this Privacy Policy on that specified page. II. What are cookies and how does Freeze use them? As part of offering and providing customizable and personalized services, Freeze uses cookies to store and sometimes track information about you. A cookie is a small amount of data that is sent to your browser from a web server and stored on your computer's hard drive. Any Site which asks you to log-in or that are customizable require that you accept cookies. (See "What are my choices regarding collection, use and distribution of my information?" for more information on cookies.) Generally, Freeze uses cookies to: (1) Remind us of who you are and to access your account information (stored on our computers) in order to deliver to you a better and more personalized service. This cookie is set when you register or "Login" and is modified when you "Customize" or "Logout" of our services. Freeze also uses cookies to store your zip code and other information you have submitted for other services, such as displaying your local weather. (2) Estimate our audience size. Each browser accessing Freeze is given a unique cookie which is then used to determine the extent of repeat usage, usage by a registered user versus by an unregistered user, and to help target advertisements based on user interests and behavior. (3) Assist affiliates and merchants associated with Freeze to track visits to and business at their sites and stores, and to process the items in your shopping basket. This information collected by cookies is sometimes called "clickstream" or "click trail" and may also describe which pages you have seen in each merchant's store. (4) Measure certain traffic patterns, for example areas of Freeze's network of Sites you have visited, and your visiting patterns in the aggregate. We use this research to understand how our users' habits are similar or different from one another so that we can make each new experience on a Freeze Site a better one. We may use this information to better personalize the content, banners, and promotions that you and other users will see on our sites. Advertisers that serve ads onto Freeze may also use their own cookies. Freeze also collects IP addresses for system administration and to report aggregate information to our advertisers. In addition, Freeze Mail includes IP addresses in outgoing mail message headers. III. How does Freeze use my information? Freeze's primary goal in collecting personal information is to provide you, the user, with a customized experience on our network of Sites and through our partners. This includes personalization services, interactive communications, online shopping and many other types of services, most of which are completely free to you. In order to provide services free of charge, we display advertisements and encourage your participation in opt-in mailings. By knowing a little about you, Freeze is able to deliver more relevant advertisements and content, and hence better service, to you. In our role of delivering targeted advertisements, Freeze plays the middleman. Advertisers give us an advertisement and tell us the type of audience they want to reach (for example, males over 35 years old). Freeze takes the advertisement and displays it to users meeting that criteria. In this process, the advertiser never has access to individual user information. Only Freeze has access to individuals' user information. This kind of advertisement targeting is done with banner ads as well as promotional email through Freeze and its affiliates. You will only receive special offers via email from Freeze if you have indicated in your account preferences, or at some other time, that you would like to receive them. Freeze does research on our users' demographics, interests, and behavior based on the information provided to us upon registration, during a promotion, from our server log files or from surveys. We do this to better understand and serve our users. This research is compiled and analyzed on an aggregated basis. Freeze may share this aggregated data with advertisers or business partners. As Freeze develops, we may buy other businesses or their assets or sell our business assets. Customer information is generally one of the business assets involved in such transactions. Thus, in the event that Freeze or all of its assets are acquired, customer information, including any visitor information collected through the Site or the Service, would be one of the transferred assets. Freeze reserves the right to disclose collected information in special cases when we have reason to believe that disclosing this information is necessary to identify, contract or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Freeze’s rights or property, other visitors, subscribers, members or anyone else that could be harmed by such activities. Freeze also reserves the right to disclose visitor, member or subscriber information when we believe in good faith that the law requires it. IV. Who is collecting information? When you are on a Site and are asked for personal information, you are sharing that information with Freeze alone, unless it is specifically stated otherwise in this Privacy Policy or in an offer form or registration form that you may be asked to complete as part of utilizing the Service. For example, some Services, like Freeze Wireless, are offered in conjunction with a partner company. In order to provide this co-branded service to you, it is necessary for us to share your personal information with our partner company. If data is being collected and/or maintained by any company other than Freeze, you will be notified prior to the time of the data collection or transfer either in this Privacy Policy or in an offer form or registration form that you will be asked to complete as part of utilizing the Service. If you do not want your data to be shared, you can choose not to allow the transfer by not using that particular service. Promotions that run on Freeze may be sponsored by companies other than Freeze or may be co-sponsored by Freeze and another company. Some or all data collected during a promotion may be shared with the sponsor of that promotion. You can decide not to participate in the promotion if you don't want your data to be shared. Currently, most Freeze promotions are limited to U.S. or North American residents. Please be aware that Freeze partners, sponsors advertisers, and web sites that have links on our site may collect personally identifiable information about you. The information practices of those Internet access partners, advertisers, and web sites linked from Freeze are not covered by this Privacy Policy. Freeze has no liability or responsibility for these independent policies. V. With whom does Freeze share my information? Except as otherwise set forth in the Privacy Policy, Freeze will not disclose any of your personally identifiable information except when you have decided to opt-in to receive information, we have your permission or under special circumstances, such as when we believe in good faith that the law requires it or under the circumstances described below. The following describes some of the ways that your information may be disclosed. a. Business Partners & Sponsors: Freeze may disclose your personal information to trusted business partners or sponsors. Some or all data collected during a Freeze promotion may be shared with a sponsor or business partner. If personally identifying information about you such as your name, mailing address, phone number or any financial information such as a credit card number about you will be shared (assuming we have it), we will tell you before we collect or transfer that data during the registration, offer and/or installation portion of providing the Service. This may occur, for example, by engaging in the Service, or if you download Freeze screensavers or other content, Freeze Software, or third party software. By downloading software from a Freeze business partner or sponsor, you specifically consent to the transfer of the personally identifiable information to and/or by such entity. Our trusted business partners and sponsors will change from time to time, and therefore it is not possible to provide an exhaustive list of our sponsors and business partners. However, some of the trusted business partners or sponsors that Freeze may disclose your personal information to, and you specifically consent to the transfer of such information, include, without limitation: 1. Relevant Knowledge, an Internet customer of Knowledge Company and a service of Comscore Networks, Inc. For more information regarding Relevant Knowledge, please visit its web site at http://www.relevantknowledge.com. The Relevant Knowledge User License Agreement is available at http://www.relvantknowledge.com/Agreement.html. 2. Chek and PostMasterDirect. These companies may use information (not including name, address, email address or telephone number) about your visits to this and other web sites in order to provide advertisements on this site and other sites about goods and services of interest to you. If you would like to know your choices about not having this information used by Check or PostmasterDirect and to read the privacy policy associated with Chek and PostMasterDirect, click here Chek.com - Freeze’s Email Provider Netcreations (Post Master Direct) - Freeze’s 3rd Party Email Partner Many promotions offer opportunities to request additional information from sponsors. By requesting more information, you give Freeze permission to transfer your personal information to the sponsor so they can fulfill your request. In many instances, only your email address will be shared, in other cases, additional personally identifiable information or demographic information may be shared. b. Freeze Shopping: If you make a purchase from a store hosted by Freeze, or a merchant associated with Freeze, the information obtained during your visit to those stores, and the information you give such as your credit card number and contact information, is provided to the merchants. This is to enable transactions to take place. Merchants associated with Freeze have separate privacy and data collection practices. Freeze has no responsibility or liability for these independent policies. For more information regarding the merchant, their store, and their privacy policies, return to that store's home page and click on their information or privacy policy links, if any. c. Third Party Data: From time to time, you may be offered the opportunity to receive materials or special offers from third parties. If you opt-in to receive information from these third parties, Freeze may (with your permission) share your name, email address and other information you provide with them. From time to time, Freeze may validate the information in its database by employing a validation service. In those instances, Freeze will disclose your personally identifiable information to third party validation services pursuant to confidentiality agreements. Under confidentiality agreements, Freeze may match user information with third party data. Also, Freeze discloses aggregated user statistics (for example, 45% of our users are female) in order to describe our services to current and prospective partners, advertisers, and other third parties, and for other lawful purposes. d. Other: Freeze may also disclose account information in special cases when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be violating Freeze’s policies or may be causing injury to or interference with (either intentionally or unintentionally) Freeze’s rights or property, other Freeze users, or anyone else that could be harmed by such activities. Freeze may disclose or access account information when we believe in good faith that the law requires it and for administrative and other purposes that we deem necessary to maintain, service, and improve our products and services. Lastly, Freeze may disclose a users e-mail address as part of a suppression file or do-not-e-mail list to its partners and affiliates to make sure that a users unsubscribe requests are forwarded to the appropriate parties to insure removal of the user from partner and affiliate databases in compliance with law, including without limitation, the Can-Spam Act of 2003. e. Access. At any time you may send us an email to customersupport@teamfreeze.com or by postal mail addressed to: Freeze.com, LLC Attention: Customer Care - Privacy Policy Issues, PO Box 1142, St. Cloud, MN 56302 to request a listing of all the types of your personal information disclosed by Freeze to third parties, business partners and sponsors. If requested, Freeze will provide an e-mail response within thirty (30) days informing you of the recipients of your personally identifiable information and the information disclosed to third parties, business partners or sponsors. VI. What are my choices regarding collections, use and distribution of my information? Freeze may, from time to time, send you email regarding third party promotions, and our, as well as other, products and services. In addition, if you indicated upon registration that you are interested in receiving offers or information from Freeze and our partners, we may occasionally send you direct mail about products and services that we feel may be of interest to you. Only Freeze (or agents and affiliates working on behalf of Freeze and under confidentiality agreements) will send you these direct mailings and only if you indicated that you do not object to these offers. If you do not wish to receive such mailings at any time you can easily send us an email at customersupport@teamfreeze.com along with the information you submitted during your initial registration and that you no longer wish to receive such offers and mailings. You will need your initial registration information including postal address and email address. On some types of Freeze promotions, we will ask for your email address in order to update you on products and services. When you participate in these types of promotions, you automatically receive promotion-related email, unless you choose the no-email option that some promotions offer. Occasionally these promotion-related email messages may include targeted advertisements. You also have choices with respect to cookies. By modifying your browser preferences, you have the choice to accept all cookies, to be notified when a cookie is set, or to reject all cookies. If you choose to reject all cookies you will be unable to use those Freeze services that require registration in order to participate. These services include, without limitation, Freeze’s free or contributing memberships, ScreenSaver.com’s club, and creating a portfolio or cart in any Freeze Site or affiliated family member. VII. What is Freeze’s policy on allowing me to update, correct, or delete my personally identifiable information? You may deactivate or delete your Freeze paid subscription at any time, but doing so will result in not being able to access any members-only area of the Freeze network. To deactive or delete your Freeze paid subscription at any time contact customersupport@teamfreeze.com along with your ID and password . If you have forgotten your ID and Password, please contact customersupport@teamfreeze.com with as much information as you can remember. If you are a paying member and can’t remember your password use our retrieve a password link at http://regman.freeze.com/unified/getpasswd.asp. If you are a paying contributing member and can’t remember your ID please contact customersupport@teamfreeze.com If you are participating in a Freeze promotion and you wish to update your email address on the promotions mailing list or to quit a promotion and cease receiving promotion-related email, please contact customersupport@teamfreeze.com VIII. What security precautions are in place to protect the loss, misuse, or alteration of my information? Account information for Freeze members are password-protected so that you and only you have access to this personal information. You may edit your Freeze account information and Freeze user profile by using your Freeze ID and password. We recommend that you do not divulge your password to anyone. Freeze will never ask you for your password in an unsolicited phone call or in an unsolicited email. Also remember to sign out of your Freeze account and close your browser window when you have finished your work. This is to ensure that others cannot access your personal information and correspondence if you share a computer with someone else or are using a computer in a public place like a library or Internet café. Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, Freeze cannot ensure or warrant the security of any information you transmit to us or from our online products or services, and you do so at your own risk. Once we receive your transmission, we make our best effort to ensure its security on our systems. IX. Children’s Online Privacy Protection Act The Site is not intended for use by children. Freeze encourages parents and guardians to be familiar with the web sites that their children visit. The Federal Trade Commission ("FTC") regulates the means by which web site operators collect and use personal information from children under 13, pursuant to the Children’s Online Privacy Protection Act of 1998 (the "Act"). For more information about the Act and children’s on-line privacy in general, visit the FTC’s web site at http://www.ftc.gov. X. What else should I know about my privacy? Please keep in mind that whenever you voluntarily disclose personal information online (for example on message boards, through email, or in chat areas) that information can be collected and used by others. In short, if you post personal information online that is accessible to the public, you may receive unsolicited messages from other parties in return. Ultimately, you are solely responsible for maintaining the secrecy of your passwords and/or any account information. Please be careful and responsible whenever you're online. XI. Miscellaneous Provisions. a. Disclaimer of Liability. Under no circumstances shall Freeze be liable for any damages, including, but not limited to, indirect, special, incidental, consequential or exemplary damages, that result from the use of the information or materials posted to or collected as a result of the user’s accessing the Site or use of the Service, even if Freeze has been advised of the possibility of such damages. b. Enforcement/Redress. If for some reason you believe that Freeze has not adhered to this Privacy Policy, please notify us at the addresses below. Freeze will endeavor to respond to your concerns and, when appropriate, take steps to correct a problem. c. Security of the Data Collected. The Site is not a secure web site. Freeze cannot and does not ensure or warrant the security of any information collected by use, transmitted over the Internet, or maintained in your user profile. You agree that any data transmission you make or receive through the Site or the Service is at your own risk. XII. Additional Information. If you have a question that was not addressed in this Privacy Policy, you may contact us by: 1. sending an e-mail request to customersupport@teamfreeze.com; or 2. sending a letter via U.S. Mail to: Freeze.com, LLC Attention: Customer Care - Privacy Policy Issues PO Box 1142 St. Cloud, MN 56302 © Copyright 2004, Freeze.com, LLC All Rights Reserved DATE OF LAST MODIFICATION DECEMBER 13, 2004 "Privacy Policy for Chek and PostMasterDirect" Freeze.com works with Chek and PostMasterDirect. These companies may use information (not including name, address, email address or telephone number) about your visits to this and other web sites in order to provide advertisements on this site and other sites about goods and services of interest to you. If you would like to know your choices about not having this information used by Check or PostmasterDirect and to read the privacy policy associated with Chek and PostMasterDirect, visit the following sites: Chek.com - Freeze’s Email Provider (http://mail.freeze.com/privacy.php3?domain=freeze.com) Netcreations (Post Master Direct) - Freeze’s 3rd Party Email Partner (http://w3.netcreations.com/main?page=privacy) E-MAIL POLICY Freeze is dedicated to following responsible and ethical e-mail practices. Freeze takes an aggressive stance against unsolicited commercial e-mail and is continually updating its policies and procedures to comply with the Can-Spam Act of 2003. If you wish to discontinue receiving future e-mail offers or promotions from Freeze, you can remove yourself from any or all of our lists and offers at any time by following the simple instructions at http://support.freeze.com. Additionally, every e-mail that Freeze sends to its members and subscribers contains a working unsubscribe link at the bottom of each e-mail. By clicking on such link, you will be automatically removed from future Freeze offers and promotions, as described in the email. If a Freeze advertiser provides Freeze a link to the advertiser’s internal e-mail suppression list, Freeze will provide this link to you with our offer delivery so that you may choose to remove yourself from a specific offer. For more information regarding our commercial e-mail policy, please see our E-Mail Best Practices Policy at http://www.freeze.com/snow/info/bestpractices.shtml. © Copyright 2000, 2001, 2002, 2003, 2004 Freeze.com, LLC. All rights reserved.