1. General. This Terms and Conditions Agreement (this "Agreement") contains the complete terms and conditions that apply to an individual's or entity's use of the Backwash.com web service (the "Service"). As used in this Agreement, "We" means Backwash.com, Inc., "You" means the applicant, "Site" means a World Wide Website, "Links" means the links, headlines, descriptions and source names delivered by Backwash.com, Inc. as a part of the Service, and "Publishers" refers to the creators of the articles to which we point.

2. Use of Links. You acknowledge that the Service contains links, descriptions and other material (collectively, the "Links") that are protected by copyright, trademark or other proprietary rights of Backwash.com and third-party content providers.

You may not modify any of the Links, in whole or part. Specifically, You must display the Links as hyperlinks to the corresponding full-text article on the site from which the article is published via a Backwash URL. You shall not be entitled to frame an article from a Content Provider's Site or any part thereof within Your Site and You shall ensure at all times that each of the Links on Your site, when clicked, will not open in a frame other than the one provided by Backwash. You agree that You will at all times conspicuously designate Backwash as the source of the Service.

You may not copy, publish, transmit, reproduce, distribute, redistribute, display, or in any way exploit any of the Links, in whole or in part, except as expressly permitted in this Agreement, without the prior written consent of Backwash.com, inc.

You may not sell, license, sublicense, assign, transfer or otherwise economically exploit any of the Links, in whole or in part.

The Links on the Service contain a link to the original content providers' sites within a Backwash frame. You may not delete, disable, modify or hide this frame.

The Service includes a default hypertext link to the Backwash.com Site (the "Backwash Link"). You may not delete or modify the Backwash Link without prior written permission from Backwash.com.

3. Responsibility for your Site. Backwash.com is an independent provider of links to Internet content. You are responsible for taking all reasonable precautions to ensure that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights).

The Service contains links to Sites on the Internet which are owned and operated by Publishers (the "External Sites"). You acknowledge that Backwash.com is not responsible for the availability of any External Site.

While we will make commercially reasonable efforts to maintain the currency, accuracy and availability of the Service, we make no representation that the operation of the Links Service will be uninterrupted or error-free, and We will not be liable for the consequences of any interruptions or errors. You will be solely responsible for the development, operation, and maintenance of your Site.

We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Service, even if we have been advised of the possibility of such damages. Further, you will indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, attorneys' fees) relating to the use of the Service on your Site other than in accordance with the terms and conditions of this Agreement.

4. Terms. We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by (1) posting a change notice or a new agreement on our Site, and (2) using commercially reasonable efforts to notify all users under this Agreement via email. The email address you provide during the initial set up process will be the email address to which Backwash.com directs such notices. UPON YOUR RECIEPT OF SUCH NOTICE, IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED UTILIZATION OF THE SERVICE FOLLOWING YOUR RECEIPT OF NOTICE WILL CONSTITUTE YOUR BINDING ACCEPTANCE OF THE CHANGE.

Termination of Service. Backwash.com reserves the right, at its sole discretion, to restrict, suspend or terminate your access to all or any part of Links on the Service at any time for any reason without prior notice or liability.

5. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY: YOU AGREE THAT USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE SERVICE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICE, INCLUDING WITHOUT LIMITATION ANY BACKWASH SOFTWARE LICENSED TO YOU AND THE RESULTS OBTAINED THROUGH THE SERVICE. SPECIFICALLY, BACKWASH DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: 1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES; AND 2) ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT BACKWASH IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

NEITHER BACKWASH NOR ANY OF ITS PARTNERS, AGENTS, AFFILIATES OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICE OR INABILITY TO GAIN ACCESS TO OR USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SERVICE.

6. Acceptance
By completing and submitting this your registration process you acknowledge that you have read and agree to all terms and conditions as set forth above.