bigdough.com.inc ("bigdough") offers you ("User") access to a vast database of information collected by bigdough ("Database") and a number of associated services (together the "Services"). The Services are governed by the License Agreement executed or assented between you (or the company you work for) and bigdough and this Terms of Use agreement, as well as any other policies posted on the bigdough web site located at www.bigdough.com (the "Site"). If you have received a trial user name and password, you must abide by these Terms of Use and the Trial License Agreement. Failure to abide by these Terms of Use may result in the immediate suspension of rights and access to the bigdough Services. TRIAL USERS DO NOT HAVE ACCESS TO ALL BIGDOUGH SERVICES.

Your use of the Site and Services signifies your agreement to these Terms of Use set forth below. YOU ARE ENCOURAGED TO USE DISCRETION WHEN DISCLOSING BIGDOUGH AS THE SOURCE OF ANY INFORMATION OBTAINED FROM YOUR USE OF THE DATABASE.

Agreement to Terms of Use
YOU AGREE TO READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEB SITE. YOUR CONTINUED ACCESS TO OR USE OF THE SITE OR USE OF THE INFORMATION CONTAINED ON THE SITE INDICATES YOUR ACKNOWLEDGEMENT OF THESE TERMS OF USE AND YOUR ACCEPTANCE OF ALL THE PROVISIONS HEREOF.

Changes / Updates to Terms of Use
bigdough reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms and of Use and any other policy posted on the Site, in whole or in part, at any time. Notification of changes bigdough's Terms of Use will be posted on the bigdough Web Site. You are responsible for regularly reviewing the Terms of Use and all posted policies on the Site. By continuing to use the Site and Services after we have posted changes to these Terms of Use or any other posted policy, you agree to and accept such changes.

Uploaded Information
As part of the Services, you may upload your contact information to the bigdough site ("Uploaded Information"). Uploaded Information is maintained separately from the information we sell as part of our Database (See our Privacy Policy for more details). As part of our Customer Relationship Management program, the company you work for may require that we allow all of the employees of your company to access each others' Uploaded Information. This means that every company employee will have full access to all of the contacts of every other company employee. No information will be shared outside of the company. Should you have any concerns with this policy, you must contact your employer, as bigdough is unable to change the policy set by the company. BIGDOUGH EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY MISUSE OF UPLOADED INFORMATION BY ANY OTHER INDIVIDUAL THAT IS GRANTED ACCESS TO SUCH INFORMATION BY YOUR EMPLOYER AND YOU AGREE TO INDEMNIFY AND HOLD BIGDOUGH HARMLESS FOR ANY SUCH MISUSE.

Privacy Practices
bigdough may monitor your use of this Web Site. bigdough's privacy practices and principles are set forth in our Privacy Policy. bigdough does not and cannot review all materials uploaded to the bigdough Database by users or transmitted via any bigdough Service, and bigdough is not responsible for any such materials uploaded or transmitted by users. However, bigdough reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or transmit or to remove any information or materials, in whole or in part, that in bigdough's sole discretion are objectionable or in violation of these Terms of Use.

Use of Database Information
You may use information from the Database solely to facilitate your business operations. Other than spreadsheet and other downloads expressly enabled by the Site, and duplication of selected entries, you are expressly prohibited from duplicating any significant portion of the database digitally or in print for your own use or use by others. For example, you cannot create a "local" copy of any portion of the Database even if you are licensed to access it at the Site. You are also expressly prohibited from violating the copyrights, or other intellectual property rights, of bigdough and its information providers. You may not remove any copyright notice contained in any materials downloaded from the Database.

TRIAL USERS ARE EXPRESSLY PROHIBITED FROM COPYING, DUPLICATING, PRINTING, OR DOWNLOADING ANY PORTION OF THE DATABASE. FURTHERMORE, NOTWITHSTANDING ANY OTHER PROVISIONS HEREIN, TRIAL USERS MAY ONLY ACCESS AND VIEW THE DATABASE, AND MAY NOT USE, FOR THEIR OWN COMMERCIAL GAIN OR THE COMMERCIAL GAIN OF OTHERS, ANY INFORMATION OBTAINED FROM THE DATABASE. ANY VIOLATION OF THESE TERMS OF USE AND/OR ANY LICENSE AGREEMENT GOVERNING YOUR USE OF THE SITE MAY LEAD TO TERMINATION OF YOUR AND/OR YOUR COMPANY'S ACCESS TO THE SITE, LIQUIDATED DAMAGES AND/OR LEGAL ACTION.

UNLESS OTHERWISE AGREED TO IN WRITING, ALL USERS OF THE SITE AND SERVICES ARE EXPRESSLY PROHIBITED FROM REDISTRIBUTING INFORMATION OBTAINED FROM THE DATABASE. YOUR LICENSE TO USE INFORMATION OBTAINED FROM THE DATABASE IS SPECIFIC TO YOUR COMPANY AND THE INFORMATION MAY NOT BE USED FOR PURPOSES OUTSIDE OF YOUR COMPANY. For example, if you have licensed access to the Database through your company, you cannot use your access to the Database for the benefit of another company with which you have some affiliation. Also, you may not copy information from the Database and supply it to another company for their use, whether or not such activity is part of your services to your clients.

Ownership of Intellectual Property
bigdough and its providers are the sole owners of the content, layout, functions, design, appearance, trademarks, service marks, copyrights, patents and other intellectual property comprising the Database and the Site ("Intellectual Property"). The Database contains information that is created and maintained by bigdough at great effort and expense, and the Database structure created and maintained by bigdough, under which the information is stored and retrieved, is unique and highly valuable. You do not and will not acquire any ownership in the Database or any part thereof, including information voluntarily provided by you to bigdough that is incorporated into the Database. Information from the Database that you print, save or incorporate into other materials, only as allowed by your license agreement, is licensed to you (not owned). To the fullest extent recognized by current and future law, you agree that the Intellectual Property is and will be a protectable asset of bigdough and its providers.

Disclaimer
THE SITE, AND ANY INFORMATION INCLUDED ON THE SITE, AND SERVICES ARE PROVIDED "AS IS" WITHOUT ANY CONDITION OR WARRANTY WHATSOEVER, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, RELIABILITY, COMPLETENESS AND EFFORT IS WITH THE USER. BIGDOUGH AND ITS PROVIDERS MAKE NO WARRANTY THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE. YOUR USE OF THE SITE IS AT YOUR OWN RISK, AND YOUR RELIANCE ON ANY INFORMATION OR DATA POSTED ON THE SITE IS AT YOUR OWN RISK. BIGDOUGH AND ITS PROVIDERS EXPRESSLY DISCLAIM ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. BIGDOUGH AND ITS PROVIDERS FURTHER EXPRESSLY DISCLAIM ALL WARRANTIES ARISING FROM USAGE OF TRADE AND COURSE OF DEALING. FURTHER, BIGDOUGH AND ITS PROVIDERS DO NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICES WILL OPERATE IN COMBINATION WITH OTHER SOFTWARE.

IN NO EVENT WILL BIGDOUGH, AND, AS APPLICABLE, ITS PROVIDERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, PARTNERS, SUCCESSORS OR ASSIGNS, BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE SITE OR SERVICES, OR THE INTERRUPTION OF THE SITE OR SERVICES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS OR BUSINESS OR SALES INTERRUPTION, EVEN IF BIGDOUGH, OR A REPRESENTATIVE THEREOF, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT BIGDOUGH'S MAXIMUM LIABILITY, UNDER ANY THEORY OF LIABILITY, INCLUDING CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL BE THE GREATER OF THE TOTAL AMOUNT OF FEES THAT YOU HAVE PAID TO US IN THE SIX MONTHS PRECEDING THE ACT GIVING RISE TO A CLAIM OR FIVE-HUNDRED DOLLARS ($500.00).

BIGDOUGH IS NOT RESPONSIBLE FOR FAILED E-MAIL DELIVERIES DUE TO REJECTED ATTACHMENTS, FIREWALLS, E-MAIL BLOCKING SOFTWARE, OR OTHER PROTECTIVE MEASURES TAKEN BY THE INTENDED RECIPIENTS OF YOUR COMMUNICATIONS.

Your Representations and Warranties
You represent, warrant and covenant that you shall not upload, post or transmit to or distribute or otherwise publish through the bigdough Services any materials which (i) restrict or inhibit any other user from using and enjoying the Site, (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, harassing, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus, Trojan horse, worms, time bombs, robots or other harmful component intended to disrupt or interfere with the intended operation of the Site or any other site on the World Wide Web, or (vi) constitute or contain false or misleading indications of origin or statements of fact.

In addition you agree that you will not (a) attempt to gain unauthorized access to the Services or the bigdough accounts of others, (b) use the Site or Services, or any part thereof, to harass or harm any other User or any other person in any way; (c) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; (d) interfere with or disrupt the Site or servers of networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site; (e) harvest, collect or store information about the users of this Site or the User Content posted by others on this Site or use such information for any purpose inconsistent with the purpose of the Site; disparage, defame, libel or make untrue, malicious, offensive statements about bigdough or the Site, or use the Site or Services to violate any applicable, local, state, national or international law or regulation.

All emails whose primary purpose is to advertise or promote a commercial product or service should adhere to the terms detailed in this and the following two paragraphs:

You represent and warrant that you will provide an "opt-out" notice in any e-mail messages sent utilizing the Services and allow the recipient to contact you at a functioning return email address and decline the receipt of any further future messages. In addition, you represent and warrant that your e-mail messages utilizing the Services will include a valid subject line, clear and conspicuous notice that the message is a solicitation, and your legitimate physical address. All such e-mails will comply with generally accepted standards for commercial solicitations and all applicable international (including EU Directive 2002/58), federal (including the CAN-SPAM Act of 2003) and state laws and regulations. If an e-mail recipient notifies bigdough that you have not removed that recipient's email from a distribution list, per the request of the recipient, bigdough may remove such recipient from the distribution list, without notice to you. This applies only to e-mail addresses in your distribution list and bigdough will not remove said e-mail addresses from the Database.

You represent and warrant that you will update your distribution lists, including, but not limited to any "My Records" that you have added and stored, on a periodic basis, but not less than once per month. This requirement is in no way limiting on your obligation to remove individuals immediately, or at the most within 10 business days, from your distribution lists if they have requested removal. You will target your mass communications as much as possible to those individuals and entities that you genuinely believe will have a professional interest in the subject of your communication, utilizing the search capabilities provided by Licensor.

If you are a user that sends e-mails to individuals in the European Union or the European Economic Area, you represent and warrant that you will comply with EU Directive 2002/58, as implemented by EU and EEA Member States, to the extent applicable. If required by applicable law, you agree not to send e-mails to European individuals unless you have an established business relationship (EBR) with such individuals or you have obtained their prior consent.

You represent and warrant that you will comply with FCC telemarketing rules, which place significant restrictions on Fax advertising by severely limiting the ability of companies to send faxes to existing customers. Businesses may send faxes containing advertisements only with the recipient's prior, written permission, which includes the recipient's signature and fax number. The recipient's statement must include a clear invitation to send advertising faxes. This ban on unsolicited fax advertising applies to faxes sent to any recipient, who could be a consumer or a business. A fax includes an "advertisement" if it includes "any material advertising the commercial availability or quality of any property, goods or services." The FCC clarifies that there is no "established business relationship" exception to the ban on unsolicited faxes. Accordingly, even faxes to a company's existing customers will require their prior, express permission if the fax includes advertising content.

Links to other Sites
The Site may contains links and pointers to the other related World Wide Web Internet sites. Bigdough is not responsible for any content of such Web Sites or the privacy or other commercial practices of such Web Sites, and, unless states otherwise. The links do not imply bigdough's endorsement of, or association with, the linked sites, unless otherwise stated.

Database Information is Not Legal or Investment Advice
The information contained on the Site is provided by bigdough for business uses and informational purposes and is subject to change without notice. Nothing contained on the Site constitutes investment, tax, or legal advice, nor is it to be relied on in making an investment or other decision. You should obtain relevant and specific professional advice before making any investment decision.

User License to bigdough
By posting messages, uploading information, inputting data or engaging in any other form of communication (individually or collectively "Communications") to the Site, you hereby grant to bigdough a license to store, transmit or display such materials, solely in connection with those functions or services requested by you.

Enforcement of Terms
THESE TERMS OF USE SHALL BE CONSTRUED TOGETHER WITH ANY LICENSING AGREEMENT YOU HAVE EXECUTED OR ASSENTED TO, OR THE COMPANY YOU WORK FOR HAS EXECUTED OR ASSENTED TO, WITH BIGDOUGH. ADDITIONAL TERMS ARE COVERED IN THAT LICENSE AGREEMENT AND THESE TERMS OF USE ADD TO YOUR OBLIGATIONS UNDER THAT LICENSE. TRIAL USERS ARE BOUND BY ALL OF THE RESTRICTIONS OF THEIR TRIAL LICENSE.