USER AGREEMENT (the "Agreement")

Last Modified – May 2006

1. TERMS OF AGREEMENT

(a) Terms of Agreement. www.Dealko.com (a website operated wholly by Dealko and hereafter known as the Provider) provides this website as a service for the Community. The Provider permits you to use its website conditioned on your agreement to all of the terms and conditions contained in this Agreement and your compliance with the posted User Agreement. Your use of the website constitutes your agreement to all such terms and conditions and your agreement to comply with the Rules of Conduct. Usage of the website confirms your agreement. If you have any questions regarding these terms and conditions contact Dealko customer service by visiting the support section of the website, currently at the following link: http://www.dealko.com/sale/contact.

(b) Amendments. The Provider may amend this Agreement or modify the Rules of Conduct at any time in its sole discretion by posting on our web site (a) the amended Agreement, currently at http://www.dealko.com/sale/account/eula. Amendments to the Agreement will be effective immediately upon posting. You agree to check this Agreement and the Rules of Conduct periodically so you will be familiar with their content as amended or modified from time to time. If you do not agree to the revised terms and conditions, you should contact the Provider immediately to discuss closure of your Account (also defined below).

2. DESCRIPTION OF SERVICE The Provider offers the website as a method for sale of goods and community interraction.

3. LICENSE TO USE Subject to the terms of this Agreement the Provider grants to you, for your personal use only, a non-exclusive, revocable, nontransferable (except as permitted in Section 4(a)) license to use the Service, for so long as you maintain an authorized and Account. You may not (a) sublicense, rent, lease, loan or otherwise transfer the your Account (or any part thereof), including without limitation serial codes; (b) modify, adapt, reverse engineer or otherwise attempt to derive source code from the Service; (c) create any derivative works in respect of the Service; or (d) otherwise use the Service except as expressly provided in this Agreement. You should keep your Account details in a safe place and not share it with anyone else. Title to the Service and all rights with respect to the Service not specifically granted under this Agreement including without limitation all rights of reproduction, modification, distribution, display, disassembly and decompilation and all copyright, patent, trademark, trade secret and other proprietary rights and interests are reserved to the Provider.

4. ACCOUNT (a) Eligibility. By usage of the Service you represent that you are an adult 18 years of age or older or, if under 18 years of age, that you have the consent of a parent or guardian and will provide their details where requested. Only one person may use an Account. The registered user of an Account may use the Account or may choose instead to permit a minor child of the registered user to use the Account. You are liable for all activities conducted through your Account, and parents or guardians are liable for all activities of their minor child conducted through the Account. (b) Reserved. (c) Account username. You may not select as your Account username the name of another person, or a name which violates any third party's trademark right, copyright, or other proprietary right, or which may mislead other players to believe you to be an employee of the Provider, or which the Provider deems at its sole discretion to be inappropriate. The Provider reserves the right, in its sole discretion, to (1) delete or alter any Account username or (2) terminate any acount and associated rights, for any reason whatsoever. You have sole liability for all activities conducted under your Account. (d) Rights to Use Accounts. By agreeing to the User Agreement you agree that you do not own the Account you use to access the service. The Account you create is needed to login to the service as per section 4(b). (e) Reserved. (f) Reserved. (g) Passwords. At the time your Account is opened, you must select a password. You are responsible for maintaining the confidentiality of your password and you are responsible for any harm resulting from your disclosure or allowing the disclosure of your password or from use by any person of your password to gain access to your Account and Account ID. At no time should you respond to any request for a password other than that you are required to enter your password as part of the log-on process. (h) Registration Obligations. You agree to provide true, accurate, current and complete information about yourself as prompted by the Service's registration form and maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or the Provider has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Provider has the right to suspend or terminate your Account and refuse any and all current or future use of the Service. (i) Former Members. Members whose Accounts have been terminated by the Provider may not access the Service in any manner or for any reason, including through any other Account, without the express written permission of the Provider. Accounts accessed by Former Members are subject to immediate termination. The Provider reserves the right to use any means necessary, including those in section 4(j), to identify and remove Former Members. (j) Related Accounts. If the Provider terminates an Account, the Provider may terminate any other Accounts that share the same member name, phone number, email address, postal address, Internet Protocol address, or credit card number with the terminated Account. (k) Reserved.

5. SERVICE FEE No membership fee is charged for provision of this service.

6. CONTENT AND MEMBER CONDUCT (a) Content. You acknowledge that by using the Software and the Service you will have access to graphics, sound effects, music, animation-style video, content, layout, design, files, data, text and other digital website components (collectively, "Content"). YOU UNDERSTAND AND AGREE THAT THE PROVIDER HAS THE RIGHT, BUT NOT THE OBLIGATION, TO REMOVE ANY CONTENT (INCLUDING YOURS) IN WHOLE OR IN PART AT ANY TIME FOR ANY REASON OR NO REASON, WITH OR WITHOUT NOTICE AND WITH NO LIABILITY OF ANY KIND. (b) Rights in Content. You acknowledge that the Provider have rights in their respective Content under copyright and other applicable laws, and that you accept full responsibility and liability for your use of any Content in violation of any such rights. The Provider and its related Providers grant no rights to Members for the use the Content for any purpose including noncommercial, personal purposes. You acknowledge and agree that you shall not reproduce, prepare derivative works based upon, distribute, publicly perform, or transmit any Content for commercial uses without first obtaining the express written consent of the Provider. For clarification purposes only, “derivative works based upon” Content are works which are similar, both in ideas and expression, to the Content. (c) Member Content. Members can upload to and create content on our servers in various forms. By submitting Member Content to or creating Member Content on any area of the Service, you acknowledge and agree that such Member Content is the sole property of the Provider and all rights of that Member Content transfer to the Provider. To the extent that the Provider cannot claim exclusive rights in Member Content by operation of law, you hereby grant (or you warrant that the owner of such Member Content has expressly granted) to the Provider a non-exclusive, universal, perpetual, irrevocable, royalty-free, sublicenseable right to exercise all rights of any kind or nature associated with such Member Content, and all ancillary and subsidiary rights thereto, in any languages and media now known or not currently known. You shall indemnify and hold the Provider and its affiliates harmless from and against any claims by third parties that your Member Content infringes upon, violates or misappropriates any of their intellectual property or proprietary rights. (d) Member Conduct. You agree not to use the Service to: take any action or upload, post, e-mail or otherwise transmit any content that infringes or violates any third party rights; take any action or impersonate any person or entity, including, but not limited to, an employee of the Provider, or falsely state or otherwise misrepresent your affiliation with a person or entity; take any action or upload, post, e-mail or otherwise transmit any content that violates any law or regulation; take any action or upload, post, e-mail, otherwise transmit or knowingly allow to be transmitted any content as determined by the Provider at its sole discretion that is harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, racially, ethnically or otherwise objectionable; or contains any viruses, trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; take any action or upload, post, email, otherwise transmit or knowingly allow to be transmitted any content that would violate any right or duty under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); upload, post, email, otherwise transmit or knowingly allow to be transmitted any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; attempt to gain access to any other user's Account or password; or "stalk" or otherwise harass another member. You agree that the Provider may take whatever steps it deems necessary to abridge, or prevent behavior of any sort on the Service in its sole discretion, without notice to you.

7. OFFICIAL SERVICE The provider has designed the website for official use only as offered through the Service by the Provider at the Web Site and not through any other means. You further agree not to access, create or provide any other means through which the Service may be accessed by yourself or others. You acknowledge that you do not have the right to create, publish, distribute, create derivative works from or use any digital or non-digital content derived from or created for the Service except where expressly permitted by this Agreement. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure. You agree not to use any hardware or software, including but not limited to third party tools, or any other method of support which may in any way influence or advantage your use of the Service which is not authorized by the Provider, including but not limited to the use of ‘bots’ and/or any other method by which the Service may be used or accessed automatically without human input.

8. PRIVACY Our privacy policy, which covers the usage and protection of your personal information, is published on the Web Site, currently at http://www.dealko.com/sale/account/privacy and is incorporated herein by this reference.

9. PARENTAL GUIDANCE While the Provider may choose to monitor and take action upon inappropriate use of the Service, it is possible that at any time there may be language or other material accessible on or through the Service that may be inappropriate for children or offensive to some users of any age. The Provider cannot ensure that other users will not provide Content or access to Content that parents or guardians may find inappropriate or that any user may find objectionable. The Provider does not as a matter of policy pre-screen the content of the materials or communications transmitted by each user. The Provider reserves the right to enforce any or all of these rules at its sole discretion.

10. INTERRUPTION OF SERVICE (a) The Provider reserves the right to interrupt the Service from time to time on a regularly scheduled basis or otherwise with or without prior notice in order to perform maintenance. You agree that the Provider will not be liable for any interruption of the Service, delay or failure to perform resulting from any causes whatsoever. (b) You acknowledge that the Service may be interrupted for reasons beyond the control of the Provider, and the Provider cannot guarantee that you will be able to access the Service or your Account whenever you may wish to do so. the Provider shall not be liable for any interruption of the Service, delay or failure to perform resulting from any causes whatsoever. (c) the Provider has the right at any time for any reason or no reason to change and/or eliminate any aspect(s) of the Service as it sees fit in its sole discretion. (d) the Provider shall not be obligated to refund all or any portion of any monies lost directly or indirectly caused by reason of any interruption of the Service by reason of any of the circumstances described in paragraph (a) or (b).

11. DISCLAIMER OF WARRANTY THE WEB SITE AND ALL OTHER SERVICES ARE PROVIDED ON AN "AS IS" BASIS, PROVIDED AT YOUR OWN RISK, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PROVIDER HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, WRITTEN OR ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, QUIET ENJOYMENT, ACCURACY, OR FITNESS FOR A PARTICULAR PURPOSE. Without limiting the foregoing, the Provider does not ensure continuous, error-free, secure or virus-free operation of the Service, and you understand that you shall not be entitled to refunds for fees based on the Provider’s failure to provide any of the foregoing. Some regions do not allow the disclaimer of implied warranties, and to that extent, the foregoing disclaimer may not apply to you in totality. This warranty gives you specific legal rights and you may also have other legal rights that vary from by area.

12. LIMITATION OF LIABILITY THE MAXIMUM AMOUNT OF THE PROVIDERS'S LIABILITY TO YOU UNDER THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT OF MONIES PAID BY YOU TO THE PROVIDER IN THE PRECEDING SIX (6) MONTHS. IN NO EVENT SHALL THE PROVIDER, NOR ITS SHAREHOLDERS, PARTNERS, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR SUPPLIERS, BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL PUNITIVE OR EXEMPLARY DAMAGES, (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR ANY OTHER PECUNIARY LOSS), REGARDLESS OF THE THEORY OF LIABILITY (INCLUDING CONTRACT, NEGLIGENCE, OR STRICT LIABILITY) ARISING OUT OF OR IN CONNECTION WITH THE SERVICE, THE SOFTWARE, YOUR ACCOUNT OR THIS AGREEMENT WHICH MAY BE INCURRED BY YOU, WHETHER OR NOT THE PROVIDER MAY HAVE BEEN ADVISED THAT ANY SUCH DAMAGES MIGHT OR COULD OCCUR. Some areas do not allow the foregoing limitations of liability, so they may not apply to you and in such a case you agree that the Provider's liability to you shall be limited to the maximum extent permitted by law. You agree that the Provider cannot be held responsible or liable for anything that occurs or results from accessing or subscribing to the the Service.

13. INDEMNIFICATION At the Provider's request, you agree to defend, indemnify and hold harmless (a) the Provider, (b) its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents or suppliers, (c) its licensees, distributors, Content Providers, and (d) other Members of the Service, from all damages, liabilities, claims and expenses, including without limitation attorneys' fees and costs, arising from or related, directly or indirectly, to any misuse of the Service or breach of this Agreement by you.

14. TERMINATION (a) The Provider reserves the right to suspend or terminate this Agreement (including your Account) immediately and without notice if you breach this Agreement or willfully infringe any third party intellectual property rights, or if we are unable to verify or authenticate any information you provide to us, or upon any user activity whatsoever which is, in our sole discretion, inappropriate and/or in violation of the spirit of the Service as described in the Rules of Conduct. Should the Provider decide to suspend or terminate this Agreement with a User under any circumstances, the User will lose access to your Account without any refund. (b) You agree that if the service or your account is suspended, terminated or cancelled for any reason or length of time, you are not entitled to any reimbursement or refund of any fees or monies.

15. GENERAL PROVISIONS This Agreement is governed by and shall be construed and enforced under the laws of The State of Texas, without applying any conflicts of law principles which would require application of the law of any other jurisdiction. The Provider and you each hereby irrevocably consent to the jurisdiction of the courts of the State of Texas for all purposes in connection with any action or proceeding which arises out of or relates to this Agreement and agree that any action or proceeding instituted under this Agreement shall be brought only in the state courts of Travis Count, State of Texas. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. The UN Convention on Contracts for the International Sale of Goods is expressly disclaimed. You agree to comply fully with all relevant export laws and regulations of the United States (“Export Laws”) to assure that electronic media nor goods are exported, directly or indirectly, in violation of Export Laws; or is intended to be used for any purposes prohibited by the Export Laws. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Except as otherwise permitted herein, you may not assign or transfer this Agreement or your rights hereunder, and any attempt to the contrary is void. This Agreement sets forth the entire understanding and agreement between us and you with respect to the subject matter hereof. Notwithstanding anything else in this Agreement, no default, delay or failure to perform on the part of the Provider shall be considered a breach of this Agreement if such default, delay or failure to perform is shown to be due to causes beyond the reasonable control of the Provider. All notices given by you or required under this Agreement shall be faxed to the Provider marked Attn.: Customer Support. The fax number may be obtained by contacting Customer Support by Email at the address provided by the website, currently displayed at http://www.dealko.com/sale/contact

RULES OF CONDUCT

DEALKO.COM (a Web site operated wholly by Dealko and hereafter referred to as the Provider) provides this interractive areas as a resource for the Dealko user community. Forum posts can be deleted and users may be banned from this site, without prior warning or explanation, at the sole discretion of the Provider. You must be at least 18 years of age to use this Web site. Persons under the age of 18 MUST obtain a parent's or guardian's permission prior to using this Web site.

Forums / Chat / Messaging Rules

Our Goal: We have not set out to limit people's freedom of speech or discussion. These rules simply strive to keep the boards on topic, productive and inclusive for all members. Accidental violation of minor rules will not result in strict penalties. We want our users to enjoy our boards and feel that these rules will ensure that everyone can equally.

Language Policy - the Provider wishes to create the friendliest atmosphere possible in our forums and on our site. As such, excessive use of strong language will not be tolerated. Ex: The odd "bad word" is fine. A profanity laced rant, on the other hand, is not. Discretion will rest with the moderators.

Topic Hijacking - Maliciously posting comment within a thread which severely disrupts the original conversation is prohibited.

Flaming and Personal Attacks - Posting within our forums and personally attacking other users constitutes harassment and will not be tolerated. Example: Telling someone that their argument is idiotic is tolerated, while calling someone an idiot, is not.

Physical or Digital Item Attacks - Physical or Digital Items on our site will be treated just as we treat people. Unsubstantiated comments about specific or general Items will be penalized in nearly the same way attacks against people will. The exception is that you can say mean things about Items provided you back it up with reasons.
Example: "Item X sucks." is not a legitimate comment. "Item X sucks, because..." is acceptable.

Spamming "Post Report" Tool - We encourage users to report posts that they feel violate these rules, but if you continually report posts without merit, penalties will apply.
Example: Reporting a post we do not take action is not against the rules. Reporting dozens of posts just to be a pain, is.

Using the Post Report Tool as a Method of Contacting the Moderators - The post report tool is not intended to be used as a way for users to communicate with Moderators. If you have an issue with a warning or ban, please email the appropriate manager.

Referral Links - the Provider does not support its members posting links for which they are entitled to reward. This constitutes advertising on the forums. If you wish to purchase advertising with us, please contact us.

Trolling - Posting in our boards for the sole purpose of spreading negativity about one topic or another will simply not be tolerated. Nor will starting arguments for the sole purpose of arguing.
For example: If there is one Item that you did not enjoy, voicing your opinion is encouraged. Posting this opinion in every thread concerning that Item to the point that it disrupts all other conversation is not tolerated.

Copywrited and Press Material - Reposting material in its entirety from other sources is against our rules. Quotations from things such as news articles are fine, provided it is cited and (if possible) linked to. We ask others to respect our content and ask our readers do the same for other people's content.

Off-Topic Posting - Posting in boards that clearly have nothing to do with your topic is not tolerated. Typically, posts of this nature will simply be moved to the appropriate board.
Example: A post in the EverQuest II boards about how much you love World of WarCraft is off topic.

Item Transfers - the Provider cannot host transfers of digital or non-digial items, currency or any other transfers. This includes swaps for money or equivalent items.

Medium Infractions

At the discretion of the moderator and/or the Community Manager, the following infractions will be classed as either minor or major infractions and appropriate penalties will be applied.

Inappropriate Signatures - Signatures may not contain inappropriate material. Inappropriate material includes, but is not limited to: strong language, links to farming sites, and offensive, erotic or disturbing images.

Advertisements - the Provider does not allow users to advertise products or companies in our forums. If you want to advertise, contact us.

Inciting - The creation of a thread which is intended only to provoke members into breaking forum rules.

Resurrecting Locked or Deleted Threads - If a thread has previously been deleted or locked by a moderator, it is against our rules to start another thread on the same topic. If a participant in a locked or deleted thread re-starts the thread, a warning and 1 day ban will be issued. If this happens twice, the member will be permanently banned, no exceptions.

Major Infractions

Committing Major Infractions will result in the Provider taking action in accordance with the User Agreement and may include, but not limited to, immediate and permanent ban from the site with no pervious warnings or infractions. The is no room for leniency or discussion

Hateful Content - Hateful content includes, but is not limited to, discriminating comments about: race, ethnicity (what country someone is from), religion, age, gender, sexuality, socioeconomic status and political beliefs. The Provider holds complete and total discretion to decide what is hateful.

Pornographic Images - The Provider has subscribers of all ages and beliefs. Posting any pornographic images (or links to pornographic sites), no matter what the medium, will not be tolerated. At the discretion of the moderators and community manager, this rule will also be extended to include images of an erotic nature.

Illegal Activities - Either committing, or the discussion of committing illegal activities at the Web Site will not be tolerated. Illegal activities include, but are not limited to: illegal drugs, fraud, violence, hacking, software piracy and sexual harassment. As appropriate, illegal activities will be reported to the relevant law enforcement agency.

Multiple Accounts - If the staff of the Provider discovers that a user is creating and/or using multiple accounts, that user, and all accounts, both past and present, will be banned from the Service.

Spamming - Posting the same or similar messages over and over again for the sole purpose of disrupting a board's activity is against the rules.

Posting Other's Personal Information Without Consent - It is against our rules to post the personal information of other people without their consent. This includes, but is not limited to, email correspondence, contact information, photographs, financial information and social security numbers. It is to the moderator's discretion to decide whether or not the line has been crossed.

Presedence - Where the Rules of Conduct conflict with the User Agreement then the User Agreement shall take precedence.

Third Party Content

Much of the information on our site is received from third parties. We cannot be responsible for ensuring that the information they provide us is accurate or that it does not infringe the rights of someone else.
By posting or submitting content to this site, you:

1. Agree that You, and not Dealko.com, are entirely responsible for all materials, including text, communications, software, images, sounds, data, or other information (hereafter "content") that you upload, post, email or otherwise transmit via our web site.

2. Agree that Dealko.com does not control the content posted via the web site and does not guarantee the accuracy, integrity, appropriateness or quality of any content. Under no circumstances will Dealko.com be liable in any way for any content, including, but not limited to, any loss or damage of any kind incurred as a result of the use of any content posted, emailed or otherwise transmitted to Dealko.com.

3. Agree that Dealko.com is not obligated to maintain back-up copies of any content and shall have no liability for failure to maintain such content nor for deleting such content. We recommend that you retain a copy of all content that you submit or post to Dealko.com.

4. Agree that that all information is accurate and agree that upon our request, you will provide Dealko.com with all necessary information, documentation, and other materials relating to this submission that Dealko.com reasonably requests.

5. Warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by Dealko.com will not infringe or violate the rights of any third party.

6. Grant Dealko.com and its affiliates and licensees the world-wide, royalty free, irrevocable, non-exclusive, and fully sub licensable right and license to use, reproduce, display, perform, adapt, modify, alter, distribute, have distributed, and promote the content in any form, anywhere and for any purpose.

Third Party Links

Links to Third Party Sites where we provide a link to the site of an advertiser or a merchant, we cannot be responsible for the content or information on that third party's site which can be accessed from us. Any terms, conditions, warranties or representations made by them are solely between you and that third party.

Rights of Dealko.com

Rights of Dealko.com except where we are permitted to use content or information owned by third parties, the rights including without limitation copyright in all information and material on our site is generally speaking someone elses. Any content on our site is provided to you for your personal use only. You may not use any material or content for any commercial purpose without contacting us at or the people/companies whose The trade marks, logos and service marks (collectively the "Trade Marks") displayed on Dealko.com are registered and unregistered Trademarks of Dealko.com and others. Nothing contained on Dealko.com should be construed as granting, by implication, or otherwise any licence or right to use any trade mark displayed on Dealko.com without our written permission or the permission of any such third party that may own the trade marks displayed on Dealko.com. Your misuse of the trade marks displayed on Dealko.com or any other content on Dealko.com, except as provided in this Policy, is strictly prohibited.

Indemnification

You agree to indemnify and hold Dealko.com, and its parent, subsidiaries and affiliates and their respective officers, directors, agents, co-branders and other partners, contractors, and employees, harmless from and against any and all claims, expenses, and demands, including attorneys' fees, made by any third party due to, arising out of, or asserted in connection with your use or misuse of this Site, including claims relating to content you submit, post to or transmit through this site, and your connection to and use of this Site. Dealko.com reserves the right to have control of any defense and control of any matter otherwise subject to indemnification by you. You agree to cooperate with Dealko.com in asserting any available defenses.

If you believe that your rights have been violated by information or material that is accessible on this site, you may notify Dealko.com at media@Dealko.com

The Request for Removal must include all of the following:

· Identification of the right that you claim has been violated;

· A description of the material that you claim should be removed;

· A clear description of where the material is located on our web site, including its URL, so that we can locate the material;

· Your address, telephone number (including full international prefix), and e-mail address; and

· A statement by you that you agree to provide Dealko.com with any additional information or proof that we reasonably request.