Load Solutions, Inc. - Service Agreement

1.1 If you choose to use the Load Solutions, an Internet service of The Internet Freight Teriminal, (LS-IFT) Web subscription, you will be agreeing to abide by all of the terms and conditions of this Agreement between you and Load Solutions on the Internet.

1.2 LS-IFT may change, add or remove portions of this Agreement at any time, but if it does so, it will post such changes conspicuously, or send them to you via e-mail or fax.

1.3 IF ANY OF THESE RULES OR ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, YOU MAY CANCEL YOUR SUBSCRIPTION BY CALLING 239-603-6375. YOUR CONTINUED USE OF THE SERVICE NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THESE OPERATING RULES, WILL INDICATE ACCEPTANCE BY YOU OF SUCH RULES, CHANGES, OR MODIFICATIONS.

1.4 LS-IFT may change, suspend or discontinue any aspect of the subscription at any time, including the availability of any feature, database, or content. LSI may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.

2. LS-IFT SUBSCRIPTION CONTENT AND SUBSCRIBER SUBMISSIONS

2.1 The contents of the LSI Internet website are intended for your personal, noncommercial use. All materials published on the LSI website (including, but not limited to news articles, photographs, images, illustrations, audio clips and video clips, also known as the "Content") are protected by copyright, and owned or controlled by LOAD SOLUTIONS, or the party credited as the provider of the Content. You shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the website.

2.2 The Website and its Contents are protected by copyright pursuant to U.S. and international copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in Section 2.3 of this Agreement), create new works from, distribute, perform, display, or in any way exploit, any of the Content (including software) in whole or in part.

2.3 You may download or copy the Content and other downloadable items displayed on the website for personal use only, provided that you maintain all copyright and other notices contained therein. Copying or storing of any Content for other than personal use is expressly prohibited without prior written permission from LOAD SOLUTIONS, or the copyright holder identified in the copyright notice contained in the Content.

3.1 Loadsolutions.com contains links to other related World Wide Web Internet sites, resources, and sponsors of LS-IFT. Since LS-IFT is not responsible for the availability of these outside resources, or their contents, you should direct any concerns regarding any external link to the site administrator or Webmaster of such site.

4.1 You represent, warrant and covenant (a) that no materials of any kind submitted through your account will violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; and (b) that you hereby indemnify, defend and hold harmless LSI and, and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your account of this Agreement or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. LSI reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

4.2 Neither LS-IFT represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the website by any user, information provider or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. THE SERVICE AND ALL DOWNLOADABLE SOFTWARE ARE DISTRIBUTED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU HEREBY ACKNOWLEDGE THAT USE OF THIS SERVICE IS AT YOUR SOLE RISK.

5.1 As part of the registration process, you will select a password and a Member ID. You also have to give us certain registration information, all of which must be accurate and updated. (a) You may not (i) select or use a Member ID of another person with the intent to impersonate that person; (ii) use a Member ID in which another person has rights without such person's authorization. Failure to comply with the foregoing shall constitute a breach of this Agreement, which may result in immediate termination of your account.

5.2 (a) You shall notify LS-IFT of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information.

5.4 You are responsible for all usage or activity on your LS-IFT account, including use of the account by any third party authorized by you to use your Member ID and password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at LSI's sole discretion, and may refer you to appropriate law enforcement agencies.

6.1 LS-IFT reserves the right at any time to charge fees for access to portions of the subscription or the website as a whole. However, in no event will you be charged for access to the Service unless we obtain your prior agreement to pay such charges. Thus, if at any time LS-IFT requires a fee for additional services (e.g., an access to a larger database), LS-IFT will give you advance notice of such fees and the opportunity to cancel the account before such charges are imposed. All new fees, if any, will be posted in the Site Help area of our Member Center and in other appropriate locations on the website. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to charges for any products or services offered for sale through the subscription by LSI or by any other vendor or service provider. All fees and charges shall be billed to and paid for by you. You shall pay all applicable taxes relating to use of the Service through your account.

7.1 If you indicate on your registration form that you want to receive such information, LS-IFT, its owners and assigns, will allow certain third party vendors to provide you with information about products and services.

7.2 LS-IFT reserves the right to send electronic mail to you for the purpose of informing you of changes or additions to the Service.

7.3 LS-IFT reserves the right to disclose information about your usage and demographics, provided that it will not reveal your personal identity in connection with the disclosure of such information. Advertisers and/or Licensees on our Web site may collect and share information about you only if you indicate your acceptance.

7.4 LS-IFT may contact you via e-mail regarding your participation in user surveys, asking for feedback on the website and existing or prospective products and services. This information will be used to improve our website and better understand our users, and any information we obtain in such surveys will not be shared with third parties, except in aggregate form.

8.1 You shall have no rights to the proprietary software and related documentation, or any enhancements or modifications thereto, provided to you in order to access the website ("LS-IFT Software"). You may not sublicense, assign or transfer any licenses granted by LS-IFT, and any attempt at such sublicense, assignment or transfer shall be null and void. You may make one copy of such software for archival purposes only. You may not otherwise copy, distribute, reverse engineer, modify, or create derivative works from Load Solutions Software.

9.1 All terminations must be received at least 10 days prior to the beginning of your next billing cycle by calling 239-603-6375. Upon termination, you will receive confirmation via e-mail that the request was received, and your access will be suspended. You are responsible for any and all charges incurred (for products or services purchased) for the current subscription period.

9.2 LS-IFT may, in its sole discretion, terminate or suspend your access to all or part of the subscription for any reason, including, without limitation, breach or assignment of this Agreement.

Subscription Agreement