ARIESMART.COM TERMS OF SERVICE

YOU MUST READ, UNDERSTAND, AND AGREE TO THESE TERMS IN ORDER TO SIGN UP WITH ARIESMART.COM

No XXX, No Adult Movies, Adult Sex Toys, etc. No exceptions.

1. ACKNOWLEDGEMENT AND ACCEPTANCE OF TERMS OF SERVICE

This electronic commerce service ("Service") is owned and operated by Ariesmart.com, Inc. ("Ariesmart.com"). This service is being provided to you ("Member") under the terms and conditions of these Terms of Service ("TOS"), as well as any operating rules or polices that may by published by Ariesmart.com. The TOS comprises the entire agreement between Member and Ariesmart.com and supersedes any and all prior agreements between the parties regarding the subject matter contained herein. BY SIGNING THIS TOS, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS DESCRIBED IN THE TOS.

2. DESCRIPTION OF SERVICE

Ariesmart.com provides Members with the ability to create, maintain and conduct limited business though electronic commerce sites via the World Wide Web and hosted on a system chosen by Ariesmart.com. Ariesmart.com will not charge Member for this service.

Member must: (1) provide all equipment, including a computer and communications device(s) necessary to establish a connection to the World Wide Web; (2) provide for own access to the World Wide Web and pay for any fees (including, but not limited to telephone service, or other telecommunications service) associated with such access.

In consideration for this Service, Member agrees to (1) provide certain current, complete, and accurate information about Member as requested by the Service, and (2) maintain and update this information as required to keep it current, complete and accurate. All information requested during the initial sign up procedure shall be referred to as "Registration Data."

Member further grants to Ariesmart.com the right to disclose to third parties certain Registration Data about Member and Service membership in the aggregate; however, such disclosures will exclude Memberís name, mailing address, e-mail address, account and phone number, unless: (1) Member expressly directs Ariesmart.com or any other person Member may specifically designate to disclose such information through the Service as provided thereby and/or (2) Ariesmart.com is required to disclose such information by any applicable law or legal process served on Ariesmart.com.

If any information provided by Member is inaccurate, Ariesmart.com retains the right to terminate Memberís membership and rights to use the Service, with or without notice.

3. MODIFICATIONS TO TERMS OF SERVICE

Ariesmart.com reserves the right to modify or discontinue the Service with or without notice to Member. Ariesmart.com shall not be liable to Member or any third party should Ariesmart.com exercise its right to modify or discontinue the Service.

4. PRIVACY POLICY

It is Ariesmart.comís policy to respect the privacy of its Members, as well the privacy of all those conducting business through use of the Service. However, unless expressly stated and identified, communications by and between Members, the Service, and third parties, cannot be considered completely private, and no warranties about their privacy are thus made by Ariesmart.com.

Ariesmart.com may at times monitor or edit the contents of communications by and between Members, the Service, and third parties.

Member acknowledges and agrees that Ariesmart.com does not endorse the contents of any Member communications and specifically disclaims any responsibility for any threatening, libelous, obscene, harassing or offensive material contained therein, as well as any claimed or actual infringement of third party intellectual property rights arising therefrom or any crime facilitated thereby.

Member acknowledges and agrees that certain technical processing of communications and their content may be required to: (1) communicate with Members; (2) conform to connecting networksí technical requirements; (3) conform to the limitations of the Service; or (4) conform to other similar requirements.

5. MEMBER IDENTIFICATION, PASSWORD, AND SECURITY

Once made a Member of the Service, Member may receive a password, user identification ("user ID"), and a mail account. Should they be received, Member is entirely responsible to maintain the confidentiality of its password and user ID. Furthermore, Member is entirely responsible for any and all activities which occur under Memberís user ID. and mail account. Member may change its password at any time by following instructions; Member may also set up a new account and close an old one at its convenience.

Member agrees to immediately notice Ariesmart.com of any unauthorized use of Memberís account or any other breach of security known or suspected by Member.

6. DISCLAIMER OF WARRANTIES

MEMBER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT MEMBERíS SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ARIESMART.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE AND NON-INFRINGEMENT.

ARIESMART.COM MAKES NO WARRANTY THAT THE SERVICE WILL MEET MEMBERíS REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE; NOR DOES ARIESMART.COM MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.

MEMBER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGHOUT THE USE OF THE SERVICE IS DONE AT THE MEMBERíS OWN DISCRETION AND RISK, AND THAT MEMBER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO MEMBERíS COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

ARIESMART.COM MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE.

NO ADVICE OR INFORMATION, WHETHER ORAL, WRITTEN, OBTAINED BY MEMBER FROM ARIESMART.COM OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.

7. LIMITATION OF LIABILITY

ARIESMART.COM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR INABILITY TO USE THE SERVICE.

ARIESMART.COM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE PROCUREMENT OR PURCHASE OF GOODS OR SERVICES OBTAINED THROUGH THE USE OF THE SERVICE.

ARIESMART.COM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM UNAUTHORIZED ACCESS TO, OR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS EVEN IF ARIESMART.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

ARIESMART.COM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY INFRINGEMENT OF ANY COPYRIGHT, TRADEMARK, TRADE DRESS, SERVICE MARK, OR OTHER INTELLECTUAL PROPERTY RIGHTS ARISING FROM THE USE OR INABILITY TO USE THE SERVICE, OR BY THE UNAUTHORIZED USE OF, OR ACCESS TO, THE SERVICE.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF CERTAIN LIABILITIES, SO SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU.

8. NO RESALE OF THE SERVICE

Member agrees not to sell or resell its access to the Service, without the express written consent of Ariesmart.com.

9. DATA STORAGE AND OTHER LIMITATIONS

Ariesmart.com assumes no responsibility for the deletion of or failure to store Memberís data.

Ariesmart.com retains the right, at its sole discretion, to determine whether a Memberís conduct concerning the use of the Service is consistent with the letter and spirit of this TOS, and may terminate Service as previously provided, with or without cause, with or without notice.

Member expressly agrees that it will not place, or cause to be placed, any advertisements of any kind. Member further agrees that it will not edit or otherwise manipulate any advertisements found or placed on the Service by Ariesmart.com, or its authorized designee. Member further agrees that it will make no disparaging comments or references to any advertisements found or placed on the Service by Ariesmart.com, or its authorized designee, or cause such disparaging comments or references to be made.

Member expressly agrees that it will not provide any hyperlinks to sites external to those contained on the Service.

Member expressly agrees that it will place no Java script in any portion of the Service except for that which is provided by the Service.

Members are expressly prohibited from engaging in meta-redirection.

Member expressly agrees that it will not introduce or cause to be introduced any programming language, text or other data that results in the manipulation or change of any framing provided by the Service.

10. MEMBER CONDUCT

Member is solely responsible for the contents of its transmissions and communications through the Service. Memberís use of the Service is subject to all applicable local, state, national and international laws and regulations.

Member expressly agrees: (1) to comply with the laws of the United States of America regarding the transmission of data exported from the United States of America through the Service; (2) not to use the Service for illegal purposes; (3) not to interfere or disrupt networks connected to the Service; and (4) to comply with all regulations, policies and procedures of networks connected to the Service.

The Service makes use of the Internet to conduct limited business and disseminate information; therefore, Memberís conduct is subject to Internet regulations, policies and procedures.

Member expressly agrees not to use the Service for transmission of any action relating to the dissemination of chain letters, junk mail, "spamming," including using the Service or Ariesmart.com websites or e-mail to facilitate communication with willing parties.

Member expressly agrees not to make use of distribution lists to contact or communicate to any person or entity who has not given specific permission to be included in such a process.

Member expressly agrees not to use the Service to transmit or make available for display any unlawful, harassing, libelous, abusive, threatening, harmful vulgar, obscene or otherwise objectionable material of any kind or nature. Member expressly agrees that Ariesmart.com retains the sole discretion to determine, in good faith, objectionable conduct in violation of the TOS, as described herein.

Member expressly agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any law or regulation. Attempts to gain unauthorized access to the Service or any other computer system are expressly prohibited by Ariesmart.com and may result in termination of Service, with or without cause, with or without notice.

Member expressly agrees that it shall not interfere with any other Memberís use and enjoyment of the Service.

Ariesmart.com reserves the right to determine Membership on the Service at all times.

11. INDEMNIFICATION

Member agrees to indemnify and hold Ariesmart.com, its parents, subsidiaries, affiliates, officers, directors, employees, successors and assigns, harmless from any claim or demand, including reasonable attorneyís fees, made by any third party due or arising out of Memberís use of the Service, or the violation of this TOS.

Member further agrees to indemnify and hold Ariesmart.com, its parents, subsidiaries, affiliates, officers, directors, employees, successors and assigns, harmless from any claim or demand, made by any third party relating to the infringement by Member or Members, or other user of the Service, of any copyright, trademark, trade dress, service mark, or other intellectual property rights of any person or entity.

12. TERMINATION

Member or Ariesmart.com may terminate the Service with or without cause at any time and effective immediately. Termination shall be accompanied by written notice to the other party. Under certain circumstances described in this TOS, Ariesmart.com may terminate Service with or without notice.

Ariesmart.com shall not be liable to Member or any third party for termination of Service.

Should Member object to any terms and conditions of this TOS or any subsequent modifications thereto, or become dissatisfied with the Service in any way, Member agrees that its only recourse is to immediately: (1) discontinue use of the Service; (2) terminate Service membership; and (3) notify Ariesmart.com of termination as outlined above.

Upon termination of the Service, Memberís rights to use the Service immediately ceases, and Ariesmart.com shall thereafter have no obligation to maintain or forward any data or communications to Member or any third party.

13. NOTICE

All notices to a party shall be made in writing and shall be made either via e-mail or conventional mail. Ariesmart.com may broadcast notices or messages through the Service to inform Member of changes to the TOS, the Service itself, or other matters of importance; such broadcasts shall constitute notice to Member.

14. PARTICIPATION IN AGREEMENTS WITH ADVERTISERS

Member may enter into agreements with Advertisers showing their products or services on the Service. Any such agreements, as well as any communications or representations made in furtherance of such agreements, are solely between Member and Advertiser, and Ariesmart.com assumes no liability, obligation or responsibility for any such agreements.

15. PROPRIETARY RIGHTS TO CONTENT

MEMBER ACKNOWLEDGES THAT CONTENT, INCLUDING, BUT NOT LIMITED TO, TEXT, SOFTWARE, MUSIC, SOUND, GRAPHICS, VIDEO OR OTHER MATERIAL CONTAINED IN EITHER SPONSOR ADVERTISEMENTS OR THE SERVICE ITSELF IS PROTECTED BY COPYRIGHTS, TRADEMARKS, TRADE DRESS, SERVICE MARKS, OR OTHER PROPRIETARY RIGHTS AND LAWS. MEMBER IS PERMITTED TO USE THIS CONTENT ONLY AS EXPRESSLY AUTHORIZED BY THE SERVICE OR THE ADVERTISER. MEMBER MAY NOT COPY, REPRODUCE, DISTRIBUTE, OR CREATE DERIVATIVE WORKS FROM THIS CONTENT WITHOUT THE EXPRESS WRITTEN CONSENT OF ARIESMART.COM OR THE ADVERTISER.

16. ATTORNEYíS FEES

Should any litigation be commenced between the parties to this TOS, or the rights and duties of either in relation to this TOS, the party prevailing in that litigation shall be entitled, in addition to any other relief that may be granted, to a reasonable sum as and for its attorneyís fees in that litigation which shall be determined by the court in that litigation or in a separate action brought for that purpose.

17. GOVERNING LAW

This TOS shall be governed by and construed in accordance with the laws of the State of New York.

Member and Ariesmart.com agree to submit to the exclusive jurisdiction of the courts of the State of New York. Venue shall be established in the County of Dutchess.

If any provision of this TOS is determined to be unenforceable or contrary to law in a court of competent jurisdiction, the remaining provisions shall remain valid and in effect, and shall be construed so as to give full effect to the intentions of the parties.

Ariesmart.comís failure to exercise or enforce any right or provision of this TOS shall in no way constitute a waive of such right or provisions unless so acknowledged and agreed by Ariesmart.com in writing.

18. SUCCESSORS AND ASSIGNS

This Agreement shall be binding on and shall inure to the benefit of the parties to this TOS and their respective heirs, assigns, executors and administrators.



Accepted by:

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Member

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Member representative

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Date


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