PROJECT HONEY POT TERMS OF SERVICE USE

PLEASE READ VERY CAREFULLY THESE TERMS AND CONDITIONS BEFORE REGISTERING
FOR UNSPAM'S PROJECT HONEY POT SERVICE. YOUR APPLICATION TO REGISTER
WITH PROJECT HONEY POT INDICATES THAT YOU ACCEPT THESE TERMS OF SERVICE
USE. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, PLEASE DO NOT
APPLY TO BE A PART OF PROJECT HONEY POT.

This agreement ("Agreement") between You and Unspam, LLC ("Unspam")
consists of these Terms of Service Use ("Service Terms") for Project
Honey Pot ("PHP"). This Agreement includes and incorporates by reference
the Software License Agreement that accompanies these Service Terms. PHP
includes, but is not limited to, the software used to interface with the
Honey Pot-serving technology, the software used to administer the Project
Honey Pot service, the software used to test MX entries donated to
Project Honey Pot, the software used to test the correct installation of
the Project Honey Pot Authorized Access Software (defined below), any
content generated through the Project Honey Pot Authorized Access
Software, and any Project Honey Pot websites. "You" means any entity
identified in an application form submitted by the same or affiliated
persons, and/or any agency or network acting on its (or their) behalf,
which shall also be bound by the terms of this Agreement.

Participation in PHP is subject to Your continued compliance with these
Service Terms. Unspam reserves the right to refuse or revoke
participation by any applicant or participant at any time in its sole
and complete discretion. By enrolling in the Program, You represent that
You are at least 18 years of age and will comply with the terms of this
Agreement. Multiple accounts held by the same individual or entity are
subject to immediate termination unless expressly authorized by Unspam
in writing.

SECTION 1: DISPLAYING PROJECT HONEY POT ADDRESSES

As part of PHP, You may choose to include addresses on Your website
generated by PHP's Honey Pot-serving technology that uniquely correspond
to a particular visitor to Your website ("Honey Pots"). If You elect to
display Honey Pots on Your website(s) ("Website(s)") You agree that
Unspam may serve these Honey Pots, and any other web content, using
Unspam's Honey Pot-serving technology. You agree to comply with the
specifications provided by Unspam to enable proper delivery, display,
tracking, and reporting of Honey Pots in connection with Your
Website(s). This includes without limitation not modifying in any way
the software provided to access Unspam's servers ("Authorized Access
Software") unless the software is completely disengaged from the PHP
service or as otherwise authorized in writing by Unspam. Any
modifications to the Authorized Access Software must also comply with
the terms of the accompanying Software License Agreement.

You agree that You shall not, and shall not encourage any third party
to, directly or indirectly send any email messages to Honey Pots
displayed on Your Websites except under the exact specifications
provided by Unspam (i.e., displaying Honey Pots through the Authorized
Access Software, without modification to the accompanying website
content or the format or display of the Honey Pots, and without any
overt encouragement or suggestion human visitors send to Honey Pots or
visit page(s) containing Honey Pots).

You are solely responsible for Your Website(s), including all content
and materials, maintenance, bandwidth, network administration costs,
operation, proper implementation of Unspam's specifications, and
adherence to these Service Terms. Unspam reserves the right to
investigate, at its own discretion, any activity that may violate this
Agreement, including but not limited to any use of a software
application to gather Honey Pots, send email messages to any Honey Pot,
use non-Authorized Access Software to access the Honey Pot-service
technology, or repeatedly execute the Authorized Access Software. Unspam
is not responsible for anything related to Your Website(s), including
without limitation the receipt of queries from end users of Your
Website(s), any increased bandwidth or network administration costs, or
the transmission of data between Your Website(s) and Unspam. In
addition, Unspam shall not be obligated to provide notice to You in the
event that Honey Pots and/or other content are not being displayed
properly to visitors to Your Website(s).

You acknowledge that Honey Pots and other content displayed on Your
Website(s) through the Authorized Access Software may be generated at
random and may contain content that is inappropriate, embarrassing, or
may be otherwise viewed as harmful. You agree that Unspam shall not be
liable for any randomly-generated content, including, but not limited
to, the text of any Honey Pot address displayed on Your Website(s).

SECTION 2: DONATING MX ENTRIES TO PROJECT HONEY POT

As part of PHP, You may choose to donate a domain or subdomain You
control so PHP may use the domain or subdomain to create Honey Pots. If
You elect to donate domain(s) or subdomain(s) ("Domain(s)") to PHP and
modify Your DNS record(s) to include a mailexchanger entry ("MX Entry")
under the specifications provided by Unspam, such that mail sent to
those Domains will be directed to Unspam, You agree that Unspam may act
as the mail server for any email messages sent to those Domains. You
accept that Unspam owes no duty to store, maintain, forward, summarize
or otherwise provide information on any messages sent through a
designated MX Entry or created with a donated Domain. You also accept
that Unspam may generate Honey Pots by combining the domain or subdomain
covered by the designated MX Entry with random user names. Unspam may
display these Honey Pots on any Websites participating in PHP.

By donating a Domain You agree to provide a license to Unspam to use
that domain in order to generate Honey Pots. This license includes any
trademark, copyright or other intellectual property rights covering the
Domain and necessary for statistical reporting and/or display on any PHP
website or any third-party websites participating in PHP. You may revoke
the license to generate new addresses using a Domain at any time by
deleting the MX Entry which routes mail to Unspam's servers and
notifying Unspam of the deletion through the mechanism provided on the
PHP website. As part of the license, You acknowledge that
already-distributed Honey Pots are beyond Unspam's control and may
generate traffic to Your network even after the termination of the
license. Unspam shall not be liable for any increased traffic to Your
Domain(s) or harm to Your good will or trademark due to the distribution
of these Honey Pots. Furthermore, You agree data gathered from
already-distributed Honey Pots may continue to be used for statistical
reporting as well as any legal actions brought against senders of bulk
mail even after the termination of the license as more fully set forth
in Section 13 below.

You agree that Unspam shall bear no responsibility for Your correctly
modifying Your DNS records, nor shall Unspam be liable for any damage
that results from an incorrect modification. Unspam may provide
instructions on how to modify Your DNS records. It is Your
responsibility to ensure that the instructions are both correct and
appropriate for Your particular situation. You acknowledge that You and
You alone are responsible for any damage that results from the
modification of Your DNS as part of PHP. You acknowledge that Honey Pots
created in combination with Your Domain(s) may be generated at random
and may contain content that is inappropriate, embarrassing, or may be
otherwise viewed as harmful. You agree that Unspam shall not be liable
for any randomly-generated content, including, but not limited to, the
text of any Honey Pot address including Your Domain(s).

SECTION 3: PROHIBITED ACTIVITIES

You shall not, and shall not authorize, encourage or instruct any third
party to: (i) directly or indirectly generate queries, visits to,
impressions of or clicks on any Website pages displaying Honey Pots
through any automated, deceptive, disingenuous or fraudulent means,
including but not limited to through repeated manual clicks, the use of
robots or other automated query tools; (ii) directly or indirectly send
messages to any Honey Pot; (iii) edit, modify, filter or change the
order of any of the content displayed through the Authorized Access
Software so long as that software connects with the Honey Pot-serving
technology; (iv) display Honey Pots on any pages not generated by the
Authorized Access Software; (v) access the Honey Pot-serving technology
through any software or other device other than the Authorized Access
Software; (vi) frame any content generated by the Authorized Access
Software; (vii) directly or indirectly access, launch and/or activate
Honey Pots through or from, or otherwise incorporate the Honey Pots in,
any software application, web site or other means exempt under the
specifications provided by Unspam; (viii) "crawl", "spider", index or in
any non-transitory manner store or cache Honey Pots or other information
obtained from any content or web pages generated by the Authorized
Access Software or any part, copy or derivative thereof; (ix) attempt to
register or install Honey Pots on any websites You are not the rightful
owner of, or where you have not been legally authorized by the rightful
owner; or (x) attempt to donate or modify the DNS record of any domains
You are not the rightful owner of, or where you have not been legally
authorized by the rightful owner. Subsection (v) proscribes any attempt
to access PHP Honey Pot-serving technology, whether successful or
unsuccessful, with a version of the Access Software that has been
modified, amended or changed in any way so as to be different from the
Authorized Access Software. You acknowledge that any attempted
participation or violation of any of the foregoing is a material breach
of this Agreement and that Unspam may pursue any and all applicable
legal and equitable remedies against You, including an immediate
suspension of Your account or termination of this Agreement, and the
pursuit of all available civil or criminal remedies relating to fraud
and other legal claims.

SECTION 4: TERMINATION

You may cancel the participation of any Website in PHP with or without
cause at any time by removing the Authorized Access Software from the
Website's server and informing Unspam through the mechanism provided on
the PHP website. You may revoke the participation of any MX Entry in PHP
by deleting from Your DNS Record any entries directing mail to the Mail
Servers. Unspam may investigate any activity that may violate this
Agreement. Unspam may at any time, in its sole discretion, terminate all
or part of PHP, terminate this Agreement, terminate Your participation
in PHP, or suspend or terminate the participation of any Website in all
or part of PHP for any reason. In addition, upon termination of
participation of any Website in PHP or termination of this Agreement for
any reason, Section 3 and Sections 5 through 14 shall survive
termination.

SECTION 5: CONFIDENTIALITY

You agree not to disclose Unspam's Confidential Information without
Unspam's prior written consent. "Unspam Confidential Information"
includes without limitation: (a) Honey Pots displayed on Your sites; (b)
information on the identity of any domains used to generate Honey Pots;
(c) any domain names, IP addresses, or other Internet references that
indicate the location of any Unspam server or Unspam-owned domain names,
with the exception of the domain names indicating Unspam's publicly
available websites (e.g., www.projecthoneypot.org and www.unspam.com);
and (d) any other information designated in writing by Unspam as
"Confidential" or an equivalent designation. It does not include
information that has become publicly known through no breach by You or
Unspam, or information that has been (i) independently developed without
access to Unspam's Confidential Information, as evidenced in writing;
(ii) rightfully received by You from a third party; or (iii) required to
be disclosed by law or by a governmental authority.

SECTION 6: NO WARRANTY

PROJECT HONEY POT IS PROVIDED "AS IS" AND "AS AVAILABLE." UNSPAM MAKES
NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WITH
RESPECT TO THESE SERVICES, AND EXPRESSLY DISCLAIMS THE WARRANTIES OR
CONDITIONS OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY
PARTICULAR PURPOSE. TO THE EXTENT CONTENT GENERATED BY PHP IS BASED ON
RANDOM, DONATED, OR OTHER NON-UNSPAM CONTENT, UNSPAM SHALL NOT HAVE ANY
LIABILITY IN CONNECTION WITH THE DISPLAY OF SUCH HONEY POTS OR OTHER
PROVIDED CONTENT.

SECTION 7: NO ATTORNEY-CLIENT RELATIONSHIP

YOUR PARTICIPATION IN PHP DOES NOT CREATE AN ATTORNEY CLIENT
RELATIONSHIP BETWEEN YOU AND UNSPAM OR ANY OF UNSPAM'S AGENTS,
AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES AND APPLICABLE
THIRD PARTIES. YOU SHOULD SEEK YOUR OWN COMPETENT LEGAL COUNSEL IN
DETERMINING WHETHER PHP IS APPROPRIATE FOR YOUR SITUATION AND IN
REVIEWING ALL DOCUMENTS RELATED TO YOUR PARTICIPATION IN PHP.

SECTION 8: LIMITATION OF LIABILITY

EXCEPT FOR ACTIONS STEMMING FROM ANY INDEMNIFICATION AND CONFIDENTIALITY
OBLIGATIONS HEREUNDER, YOUR COMMISSION OF ANY OF THE PROHIBITED
ACTITIVES (DEFINED ABOVE), OR YOUR BREACH OF ANY INTELLECTUAL PROPERTY
RIGHTS AND/OR PROPRIETARY INTERESTS RELATING TO THE SERVICE, IN NO EVENT
SHALL EITHER PARTY BE LIABLE UNDER THIS AGREEMENT FOR ANY CONSEQUENTIAL,
SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER IN CONTRACT,
TORT OR ANY OTHER LEGAL THEORY, EVEN IF SUCH PARTY HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF
ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

Each party acknowledges that the other party has entered into this
Agreement relying on the limitations of liability stated herein and that
those limitations are an essential basis of the bargain between the
parties. Without limiting the foregoing, neither party shall have any
liability for any failure or delay resulting from any condition beyond
the reasonable control of such party, including but not limited to
governmental action or acts of terrorism, earthquake or other acts of
God, labor conditions, and power failures.

SECTION 9: PUBLICITY AND REPORTING

You agree that Unspam may use Your name, Website(s), donated Domains and
logo(s) in presentations, marketing materials, customer lists, financial
reports, statistical reports and listings of members.

SECTION 10: REPRESENTATIONS AND WARRANTIES

You represent and warrant that (a) all of the information provided by
You to Unspam to enroll in PHP is correct and current; (b) You are the
owner of each Website or that You are legally authorized to act on
behalf of the owner of such Website(s) for the purposes of this
Agreement and PHP; (c) You are the owner of each Domain or that You are
legally authorized to act on behalf of the owner of such Domain(s); (d)
You own any necessary copyright or trademark rights underlying Your
Website(s); (e) You are 18 years of age or older, and (f) You have all
necessary right, power and authority to enter into this Agreement and to
perform the acts required of You hereunder.

SECTION 11: YOUR INDEMNIFICATION OBLIGATIONS

Your Obligation to Indemnify. You agree to indemnify, defend and hold
Unspam, its agents, affiliates, subsidiaries, directors, officers,
employees, and applicable third parties (e.g. relevant advertisers,
syndication partners, licensors, licensees, consultants and contractors)
(collectively "Indemnified Person(s)") harmless from and against any and
all third party claims, liability, loss, and expense (including damage
awards, settlement amounts, and reasonable legal fees), brought against
any Indemnified Person(s), arising out of, related to or which may arise
from Your use of the Program, the Website(s), and/or Your breach of
these Service Terms.

SECTION 12: UNSPAM'S RIGHTS

You acknowledge that Unspam owns all right, title and interest,
including without limitation all Intellectual Property Rights (as
defined below), in and to PHP (including all generated Honey Pots, all
content generated or provided through the Access Program, Unspam's Honey
Pot-serving technology, and trademarks), and that You will not acquire
any right, title, or interest in or to PHP or any related content except
as expressly set forth in this Agreement. You will not modify, adapt,
translate, prepare derivative works from, decompile, reverse engineer,
disassemble or otherwise attempt to derive source code from any of
Unspam's services, software, or documentation. You will not remove,
obscure, or alter Unspam's copyright notice, trademarks, or other
proprietary rights notices affixed to or contained within any Unspam
services, software, or documentation. "Intellectual Property Rights"
means any and all rights existing from time to time under patent law,
copyright law, semiconductor chip protection law, moral rights law,
trade secret law, trademark law, unfair competition law, publicity
rights law, privacy rights law, and any and all other proprietary
rights, as well as, any and all applications, renewals, extensions,
restorations and re-instatements thereof, now or hereafter in force and
effect worldwide.

SECTION 13: INFORMATION RIGHTS

Unspam may retain and use for its own purposes all information You
provide, including but not limited to Website demographics and contact
information. Unspam may provide information in response to valid legal
process, such as subpoenas, search warrants and court orders, or to
establish or exercise its legal rights or defend against legal claims
with or without notice to You. Unspam disclaims all responsibility, and
will not be liable to You, however, for any disclosure of that
information by any such third party. Unspam may share aggregate (i.e.,
not personally identifiable) information about You, Your visits to any
Unspam website, information received through the Authorized Access
Software, messages received at any Honey Pot displayed on Your site,
messages received through any Domain(s) You have provided, or otherwise
with advertisers, business partners, sponsors, legal enforcement
authorities, and other third parties. In addition, You grant Unspam the
right to access Your Website(s), or any portion thereof, including by
automated means including Internet spiders or crawlers in order, for
example, to verify the correct installation of the Authorized Access
Software.

Messages received by Honey Pots are the exclusive property of Unspam.
You agree that Unspam owes no duty to store, maintain, forward,
summarize or otherwise provide information on any messages sent to Honey
Pots displayed on Your site, or generated with Domains You have donated
to Unspam. Furthermore, You agree Unspam shall have the right to use any
data gathered from these messages in any way Unspam sees fit. This may
include, for example, generating statistical reports or turning the data
over to enforcement authorities or third parties in order to bring legal
actions against those that who have harvested or sent messages to Honey
Pots. You agree Unspam has the right to track visitors to Your
Website(s) who access the Authorized Access Software. Unspam owes no
duty or obligation to share information, data, or statistics about these
visitors with You.

SECTION 14: MISCELLANEOUS

This Agreement shall be governed by the laws of Illinois, USA, except
for its conflicts of laws principles. Any dispute or claim arising out
of or in connection with this Agreement shall be adjudicated in Cook
County, Illinois, USA. This Agreement and the Software License Agreement
constitutes the entire agreement between the parties with respect to the
subject matter hereof. Any modifications to this Agreement must be made
in a writing executed by both parties, by Your online acceptance of
updated terms, or after Your continued participation in the Program
after such terms have been updated by Unspam. The failure to require
performance of any provision shall not affect a party's right to require
performance at any time thereafter, nor shall a waiver of any breach or
default of this Agreement constitute a waiver of any subsequent breach
or default or a waiver of the provision itself. If any provision herein
is held unenforceable, then such provision will be modified to reflect
the parties' intention, and the remaining provisions of this Agreement
will remain in full force and effect. You may not resell, assign, or
transfer any of Your rights hereunder. Any such attempt may result in
termination of this Agreement, without liability to Unspam.
Notwithstanding the foregoing, Unspam may assign this Agreement to any
affiliate at any time without notice. The relationship between Unspam
and You is not one of a legal partnership relationship, but is one of
independent contractors.

October 8, 2004