CONFIDENTIALITY SYSDEM is bound by law and contract to subscribe to the highest code of standards to protect the confidential nature of the information it receives, transmits and manages on behalf of its Users. SYSDEM has defined strict privacy and security guidelines that are contained herein.SYSDEM complies with and supports the direct marketing industry's best practices as defined by organizations such as the Direct Marketing Association (DMA) and the Canadian Marketing Association (CMA). PRIVACY STATEMENT SYSDEM uses visitor Web site IP address to help diagnose problems with our server, and to administer our Web site. Your IP address is used to gather broad demographic information. This site contains links to other sites. http://www.SYSDEM.com is not responsible for the privacy practices or the content of such Web sites. SYSDEM.com uses order forms for Users to request information, products, and services. Contact information from the order form is used to send orders and information about our company to our Users. The User's contact information is also used to get in touch with the visitor when necessary. Users may opt-out of receiving future mailings. SYSDEM does not sell or rent out the User mailing list. USE OF COOKIES SYSDEM overrides cookies and other document recipient preferences by assigning each individual document with a specific URL. This enables SYSDEM to measure and report the response rate on documents delivered, as well as the pass-along rate (how many times a document recipient passed along a document to another person), and the buy rate. It also allows SYSDEM to deliver documents that are more relevant to the document recipient. CHOICE/OPT-OUT Our Web site provides Users the opportunity to opt-out of receiving communications from SYSDEM. To discontinue future communications or to no longer receive our service, send an e-mail to webmaster@SYSDEM.com CONTACTING SYSDEM If you have any questions about this privacy and confidentiality policy, the business practices of SYSDEM and this web site, you can contact: User Relations, SYSDEM SYSTEMS Inc., 7900 Taschereau Blvd. Unit B-105 Brossard QC Canada J4X 1C2 webmaster@SYSDEM.com SYSDEM SYSDEM INC. LICENSE AGREEMENT SYSDEM END USER LICENSE AGREEMENT (SEULA) The terms and conditions in the End User License Agreement (the "Agreement") will govern your (the "User") access to SYSDEM and use of SYSDEM'S electronic document delivery service (the "Service") on the SYSDEM http://www.SYSDEM.com Website and your use of the data you obtain by use of the Service. MODIFICATION OF TERMS AND CONDITIONS SYSDEM may, at any time and at its sole discretion, modify the terms and conditions of this Agreement. Any such modifications will be made available online and will be effective immediately upon posting on the Website. By continuing to use the Service following the initial posting date of modifications made by SYSDEM, you agree to be bound by the Agreement as amended. If at any time, you disagree with the terms and conditions of this Agreement, you may terminate this Agreement as provided below. SERVICES TO BE RENDERED AND DELIVERY OF SERVICE SYSDEM sends, tracks and reports personalized messages to businesses and consumers by electronic mail on the Internet in the form of electronic document presentment, secure electronic invoice and statement presentment, direct electronic marketing campaigns, electronic newsletters and business communications. Through the Service, SYSDEM distributes content supplied by the User to recipients who have an e-mail address also supplied by the User. In the course of that process, Users provide SYSDEM with information about their document recipients such as their name, e-mail address and other highly confidential demographic and psychographic data. SYSDEM uses this information only to produce the Users requested document. SYSDEM may upon separate contract store database lists from our Users. These lists contain e-mail addresses and other demographic information. A User's information is never shared with any other Users, and is regarded as a confidential asset of our Users. Confidentiality of a User's information is a binding commitment. Information regarding the activity of document recipients is only reported to the User who deployed the document through SYSDEM. Information about specific document recipients is only shared with the User who owns the list on which the document recipients e-mail address originally appeared. The User acknowledges that SYSDEM is not the publisher or author of any content included in any outbound documents or e-mail sent on a User's behalf. SYSDEM reserves the right to review and approve any content posted by Users and retains the right to cancel any activity violating responsible usage. SYSDEM disclaims all copyright and other rights in such content and all responsibility for them. By transmitting outbound document and e-mail projects, SYSDEM makes no warranties or representations of any kind as to the accuracy of the content or suitability of the subject matter of any such messages. SYSDEM specifically disclaims liability for direct, consequential or incidental damages arising from such campaigns. By posting an electronic document presentment project with SYSDEM, Users promise that the content of the User's message is true, and that the User will indemnify SYSDEM against any claims, which may arise from the User's activity. SYSDEM may notify you, at the e-mail address provided to SYSDEM during your registration or as updated at any future time by you, at any given time of changes to the SERVICE and/or restraints that may be applicable to the use of the SERVICE. SYSDEM will use reasonable efforts to ensure a prompt posting of your results on the Website. However, SYSDEM reserves the right to alter the time and date of delivery of your campaign results without prior notification to you of such a change. SECURITY STANDARDS SYSDEM has security measures in place to protect the loss, misuse and alteration of the information under our control. SYSDEM is bound by contract to all its Users to offer 128-bit, Secure Socket Layer (SSL) Extranet connections and the temporary secured hosting of all data supplied by Users. No individuals or systems have direct access to individual User data. Data is merged, sent and returned to Users upon completion of a given electronic document delivery project. Results data when hosted by SYSDEM is returned upon completion of a project. Access to computer data and files at SYSDEM are secured by password-protected services. Our server network is protected by a secure firewall designed to prevent unauthorized access. LIMITATIONS AND LIABILITIES SYSDEM refuses to send out Unsolicited Commercial E-mail or "Spam" on behalf of our vendors or Users as defined by the Direct Marketing Association. Users are entirely and exclusively responsible for getting recipient permission to send e-mail or documents. SYSDEM closely monitors all documents transmitted on behalf of Users, to make ensure the unsubscribe or opt-out rate is low and that the amount of replies to documents from concerned or dissatisfied recipients is also low. When high opt-out rates and/or high amount of inbound documents or e-mail are encountered, SYSDEM immediately notifies the User of the possibility that the list being used is possibly tainted with addresses that are not opt-in. When this occurs, SYSDEM suspends the mailing and notifies the User of the high rate of dissatisfaction. The User specifically agrees not to: Send unsolicited bulk e-mail, for commercial or non-commercial purposes. Harass, threaten, embarrass or cause distress, unwanted attention or discomfort to a person or entity. Send, submit, or publish any sexually explicit images or other content which is deemed by SYSDEM to be offensive. Send, submit or publish any defamatory, inaccurate, abusive, obscene, profane, or threatening material which is racially or ethnically offensive or which infringes upon the right of any third party, as determined by SYSDEM Encourage the use of any controlled substance, transmission of material, information or software in violation of any regional, state, provincial or federal laws. Impersonate any individual, including but not limited to, an official of SYSDEM, or communicate under a false name or a name that you are not entitled or authorized to use. Upload, post or reproduce in any manner any material protected by copyright without the written consent of the copyright's owner. TRADEMARK AND COPYRIGHT RESTRICTIONS "SYSDEM", "SYSDEM SYSTEMS", the SYSDEM logo, the stylised "D" as well as CRNet and DocuNet are trademarks of SYSDEM SYSTEMS Inc. InvoiceNet is a trademark of PubliSoft Inc. and is used under license by SYSDEM Systems Inc. All other trade names or trademarks that may appear on the System Web site are the property of their respective owners. The User fully understands and acknowledges that they are not granted any right or license whatsoever to use any of the marks and logos owned by SYSDEM SYSTEMS Inc. or of any such other entity, and that all such uses of any of the marks appearing throughout the Service is strictly prohibited without prior written consent from an authorized party. The User understands that this Website also contains or may contain copyrighted or other proprietary materials of SYSDEM, its Users, partners, advertisers or other third parties. The User understands and acknowledges that, except as strictly necessary for personal viewing and use of this Website by means of a standard Internet browser (such as Netscape Navigator or Microsoft Internet Explorer), the User is not granted any right or license to use, link to, reproduce, modify, duplicate, distribute, display or perform any such copyrighted materials used or displayed on this Website or to permit others to do the same, and that all such uses are prohibited. DISCLAIMER OF WARRANTIES At SYSDEM's request, the User agrees to defend, indemnify and to hold harmless SYSDEM, its officers, directors and employees from any claims arising from the User's use of SYSDEM or the User's breach of the Terms of Service, including, without limitation, claims of copyright infringement, patent infringement, misappropriation of trade secrets, libel, slander, trade libel, defamation, harassment, invasion of privacy or fraud. To the maximum extent permitted by applicable law, the service and the information are provided by SYSDEM on an "as is" basis, and SYSDEM expressly disclaims any and all warranties, express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, accuracy, omissions, completeness, timeliness or delays with respect to the service, information or products. In no event will SYSDEM be liable for any damages of any kind whatsoever with respect to the service, information or products provided on the website. In particular, SYSDEM will not be liable for special, indirect, consequential or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to its website or the information or data contained therein, whether such damages arise in contract, negligence, tort, under statute, in equity, at law or otherwise. SYSDEM, its parent or affiliates entire liability under this agreement, if any, for any claim(s) for damages relating to the service, will be limited to the aggregate amount of charges for services paid by the User to SYSDEM. TERMINATION This agreement may be terminated by SYSDEM at any time; and by the User upon 10 days written notice. The termination of the Agreement by either party will not affect (i) your obligation to pay the charges incurred for previously sent campaigns (ii) the enforceability of the terms and conditions of this Agreement as they relate to acts and omissions during the period prior to such termination. MISCELLANEOUS These terms and conditions represent the complete, final and exclusive agreement between SYSDEM and you, and supersede and merge all prior oral, written or electronically transmitted agreements, representations and understandings between SYSDEM and you. Any amendments or changes to this Agreement may only be authorized in writing by the President of SYSDEM and under no circumstances will any employee of SYSDEM or any affiliate of SYSDEM have the right to alter, waive or modify the terms or conditions of this Agreement. If any of the provision of this Agreement is determined by a court to be void, invalid, unenforceable or illegal, the enforceability of the other provisions of this Agreement will not be affected. LANGUAGE User agrees that this agreement be drafted in the English language. L'Usager accepte que la présente Entente soit rédigée en anglais. APPLICABLE LAWS The laws of the Province of Quebec will govern this Agreement. All rights reserved Copyright by SysDem Systems inc. 1999-2004