The Beauregard Company, LLC provides the materials contained at this Web Site on the World Wide Web (“Web Site”) as a service to our customers and visitors. The Beauregard Company requires that all visitors to the Web Site adhere to the following:

Access

By accessing the Web Site and any of its pages, you indicate your acknowledgement and acceptance of the provisions set forth herein without limitation or qualification. The Beauregard Company, LLC may revise these Terms and Conditions at any time. Said revisions will be binding upon all visitors to the Web Site. All users who visit the Web Site should read this posting to review these Terms and Conditions from time to time. References herein to The Beauregard Company, LLC, include its managers, members, affiliates, and employees. Use of the Web Site for any purpose that is unlawful, or in any manner that could or does exceed authorized access, damage, disable, overburden or impair the operation of this site, or any other party’s use or enjoyment of this site, is strictly prohibited. Users are prohibited from violating or attempting to violate the security of this web site, including accessing data not intended for such user or logging into a server or account that such user is not authorized to access, attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, attempting to interfere with service to any user, host or network, forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, or taking any action in order to obtain services to which such user is not entitled. Violations of the security for the Web Site may result in civil or criminal liability. The Beauregard Company, LLC will investigate occurrences involving such violations and report same to the appropriate authorities. The Beauregard Company, LLC will cooperate with law enforcement officials in their investigation of such violations. Use of the Web Site may be monitored to ensure compliance with these Terms and Conditions. Users of this website consent to this monitoring in order to ensure the security and availability of the Web Site.

Sharing

The Beauregard Company, LLC and its vendors are not responsible if you provide the unique message ID, or message URL to any third parties and the information is accessed by the third party. The message URL will not be indexed by any major search engine. It can only be accessed by having the message ID, or message URL, which is provided to the customer once the message goes live, or when the first message sent is initiated.

Billing

The Beauregard Company, LLC and its vendors do not store credit card information. The Beauregard Company, LLC bills on a one-time, per message basis. The price for the services is based upon the size and length of the message and the amount of time the message will be in our server. A secure socket lawyer is utilized for all of our transactions to avoid SPOOFING of information by anyone on the internet and to ensure that there is a secure transaction.

Protection

The Beauregard Company, LLC will do its best to protect your message – it has a web-team that is continuously upgrading and supporting its web-system and a trusted server partner that manages our hosting servers where your messages are stored. Also, to ensure your protection, The Beauregard Company, LLC deletes messages within ______ days after they are delivered. Passwords The Beauregard Company, LLC is not responsible if you lose your password, but does provide the option for you to re-set your password at anytime. You can also request administrative assistance by emailing (admin@messagethroughtime.com).

Up-Time

The Beauregard Company, LLC will use its best efforts to maintain 100% up-time on its servers, but cannot guarantee full time access if an event occurs that interrupts server performance. It will notify its user-base of relevant scheduled maintenance.

Laws and Regulations

User access to and use of the Web Site is subject to all applicable federal, state and local laws and regulations. Unauthorized use of this system is prohibited and violators can be prosecuted under federal and state laws. The laws of the State of Rhode Island and Federal law will govern the interpretation and enforcement of these Terms and Conditions.

Copyright and Trademark Information

The information contained at the Web Site, including, but not limited to, text and images herein (other than certain images licensed from third parties) and their arrangement, are Copyright © 2008 by The Beauregard Company, LLC. All rights reserved. “Message through Time” is a trademark of The Beauregard Company, LLC. All other trademarks on this Web Site are the property of The Beauregard Company, LLC unless otherwise designated or clearly implied herein as belonging to third parties. Nothing contained on this Web Site shall be construed as granting by implication, estoppel, or otherwise any license or right under any patent, trademark, copyright (except as expressly stated above) or proprietary rights of The Beauregard Company, LLC or of any third party. You are authorized by The Beauregard Company, LLC to copy, transmit or display any information registered or owned by The Beauregard Company, LLC on any page of this Web Site solely for your personal, non-commercial use, provided that any such copy, transmission or display includes any copyright, trademark or service mark attribution as it appears on such page. The information and materials contained at the Web Site may not otherwise be copied, transmitted, displayed, distributed, downloaded, licensed, modified, published, posted, reproduced, used, sold, transmitted, used to create a derivative work or otherwise used for commercial or public purposes without The Beauregard Company, LLC’s prior written consent. The Web Site, including this page, may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Certain images and information at the Web Site are the copyright or trademark of third parties and any use is subject to the terms and conditions of such third parties.

Limitation of Liabilities and Warranties

INFORMATION ON THE WEB SITE IS PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. The information contained at the Web Site may include technical inaccuracies or typographical errors. From time to time, without notice, The Beauregard Company, LLC amends, changes, adds, deletes, updates or alters the information contained at this Web Site, including, but not limited to, information regarding the products and services described at the Web Site. The Beauregard Company, LLC does not assume any liability for any errors or omissions in the information contained on the Web Site and expressly disclaims any responsibility to update said information. IN NO EVENT SHALL THE BEAUREGARD COMPANY, LLC BE LIABLE FOR ANY PUNITIVE, SPECIAL, DIRECT, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, DATA, OR PROFITS, WITHOUT REGARD TO THE FORM OF ANY ACTION, INCLUDING BUT NOT LIMITED TO CONTRACT AND TORT ACTIONS (INCLUDING LIBEL), ARISING OUT OF OR IN CONNECTION WITH THE USE COPYING OR DISPLAY OF, OR THE INTERACTION OR ANY OTHER FORM OF COMMUNICATION WITH, THE WEB SITE AND THE INFORMATION CONTAINED AT THE WEB SITE (INCLUDING VIA COMPUTER VIRUSES OR ANY OTHER FORM OF SOFTWARE).

Links to Other Internet Web Sites

Some of the Web Sites listed as links herein are not under the control of The Beauregard Company, LLC, but rather are exclusively controlled by third parties. Accordingly, The Beauregard Company, LLC makes no representations whatsoever concerning such Web Sites. Although The Beauregard Company, LLC may provide a link to a third party, such a link is not an authorization, endorsement, sponsorship or affiliation by The Beauregard Company, LLC with respect to such Web Site, its owners or its providers. The Beauregard Company, LLC is providing these links only as a convenience to you. The Beauregard Company, LLC has not tested any information, products or software found on such Web Sites and therefore cannot make any representations whatsoever with respect thereto. It is up to you to take precautions to ensure that whatever you select is free of such items as viruses, worms, trojan horses and other items of a destructive nature. IN NO EVENT WILL CAPITAL ONE BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF ANY HYPERLINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Feedback

Any comments or materials sent to The Beauregard Company, LLC, including feedback data, such as questions, comments, suggestions or the like regarding the content of any such documents (collectively “Feedback”), shall be deemed to be the property of The Beauregard Company, LLC whose use thereof will be in compliance with the Privacy Notice that is set forth on this Web Site, and applicable laws. The Beauregard Company, LLC shall have no additional obligations with respect to such Feedback and shall be free to reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute the Feedback to others without limitation. Further, The Beauregard Company, LLC shall be free to use any ideas, concepts, know-how or techniques contained in such Feedback for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products incorporating such Feedback. Application information submitted to The Beauregard Company, LLC shall be treated confidentially to the extent required by applicable law or as disclosed in the application.

Violations of Terms and Conditions

The Beauregard Company, LLC reserves the right to seek all remedies available at law and in equity for violations of these Terms and Conditions, including the right to block access from a particular Internet address to the Web Site. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS CAPITAL ONE FROM ANY LIABILITY, LOSS, CLAIM AND EXPENSE, INCLUDING ATTORNEY’S FEES, RELATED TO YOUR VIOLATION OF THESE TERMS AND CONDITIONS OR YOUR USE OF THE SERVICES AND INFORMATION PROVIDED AT THE WEB SITE.