1.1 "Agreement" means these Mike's Technical Service Terms of Service.

1.2 "Claim" means any claim, action, demand, causes of action or other proceeding.

1.3 "Indemnified Claim" means a Claim as to which you are required to defend, indemnify or hold harmless the website Indemnified Parties pursuant to Section 12.

1.4 "Mike's Technical Service Indemnified Parties" means Mike's Technical Service's present and former directors, officers, employees, agents, representatives, affiliates, parents, subsidiaries, licensors, suppliers, services providers and other contractors.

1.5 "Mike's Technical Service Marks" means MTS, Mike's Technical Service, www.mts7.com, www.MTS7.com and all other trademarks, service marks, graphics, logos and domain names used in connection with Mike's Technical Service are belonging to Mike's Technical Service.

1.6 "NAF Code of Procedure" means the National Arbitration Code of Procedure in effect at the time an arbitration is filed by either party.

1.7 "Third-Party Website" means an Internet-based or wireless website neither owned nor controlled by Mike's Technical Service, including without limitation any other website as to which a link is available on the website.

2.1 Mike's Technical Service Description

The website makes available for download third-party acquired files and provides them without any warranty or guarantee. Members have the ability to make purchases, view history, and maintain personal data.

Access to and use of thewebsite is limited to individuals who reside in the United States of America and who are 18 years of age or older. This Agreement, including without limitation all grants of rights to access or use the website, is void where prohibited. Mike's Technical Service reserves the right to terminate your access to and use of the website if Mike's Technical Service discovers, or if it is reported to Mike's Technical Service, that you are not eligible to use the website.

Mike's Technical Service may, in Mike's Technical Service's sole discretion, change, modify, suspend, make improvements to or discontinue any aspect of the website, temporarily or permanently, at any time and without notice to you. Under no circumstance will Mike's Technical Service be liable for any such change, modification, suspension, improvement or discontinuance. Without limiting the foregoing, and notwithstanding anything contained in this Agreement, Mike's Technical Service will have the right from time to time to institute fees relating to the website. If you do not agree with any changes made to the website, your sole remedy is to terminate your account as set forth in Section 14.

5.1 Members

To become a Member, you must create an account with Mike's Technical Service through Mike's Technical Service's online registration process at www.mts7.com. As part of creating that account, you must provide Mike's Technical Service with accurate and complete registration information, including your chosen username, first and last name, email address, mobile phone number and zip code. Registration is limited to individuals who reside in the United States of America and who are 18 years of age or older. By registering to become a member, you represent and warrant that the information you provide to Mike's Technical Service is accurate. You also agree to, and represent and warrant that you will, promptly update your contact information with Mike's Technical Service in the event any of that information changes. You may update your account information by logging in to your account at www.mts7.com. Mike's Technical Service reserves the right to terminate your access to and use of the website if you fail to provide or to timely update that information. After you complete the online registration process, Mike's Technical Service will send to you a unique password via email to the email address you provide. The email will include instructions for logging on as a new member.

5.2 Passwords

You must keep your member password confidential at all times. You will be responsible for all use of your password and account, including without limitation any use by any unauthorized third party. You must notify Mike's Technical Service immediately if you believe your password has been obtained or your account has been or may be accessed or used by any unauthorized person or entity, or if you become aware of any breach or attempted breach of the security of the website. You may change your password at any time by logging in to your account at www.mts7.com. For security purposes, Mike's Technical Service recommends that you change your password often. Under no circumstances should you respond to a request for your password, particularly a request from an individual claiming to be an employee of Mike's Technical Service. Passwords are encrypted and are not viewable by Mike's Technical Service and must be reset if it is lost or compromised in any way. Mike's Technical Service's employees will never ask you for your password. You must notify Mike's Technical Service if you receive such a request at [support@mts7.com].

6.1 taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, malicious code and other harmful or destructive content;

6.2 any downloading, use or purchase of material that is obscene, indecent, offensive, or otherwise objectionable or unlawful, or that contains technical inaccuracies, typographical mistakes and other errors;

6.3 any downloading, use or purchase of material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights of third parties, or that is subject to additional terms and conditions, stated or unstated;

6.4 all financial charges or other liabilities to third parties resulting from transactions or other activities; and

6.5 reading and understanding any terms of use or privacy policies that apply to those Third-Party Websites.

7.1 Trademarks

The Mike's Technical Service Marks are trademarks or registered trademarks of Mike's Technical Service. Other trademarks, service marks, graphics, logos and domain names appearing on the website may be the trademarks of third parties. Neither your access to and use of the website nor this Agreement grant you any right or license to reproduce or otherwise use the Mike's Technical Service Marks or any third-party trademarks, service marks, graphics, logos or domain names. You agree that any goodwill in the website Marks generated as a result of your use of the website will inure to the benefit of Mike's Technical Service, and you agree to assign, and hereby do assign, all such goodwill to Mike's Technical Service. You shall not at any time, nor shall you assist others to, challenge Mike's Technical Service's right, title, or interest in or to, or the validity of, the website Marks.

7.2 Copyrighted Materials; Copyright Notice

All content and other materials available on the website, including without limitation the website logo, design, text, graphics, and other files, and the selection, arrangement and organization thereof, are either owned by Mike's Technical Service or are the property of Mike's Technical Service's licensors and suppliers. Except as explicitly provided, neither your access to and use of the website nor this Agreement grant you any right, title or interest in or to any such materials, and you may not use such materials without express written permission of the copyright owner. Copyright © 2006 to the present, Mike's Technical Service ALL RIGHTS RESERVED.

9.1 Notices

9.2 Customer Service

All questions or comments concerning the use or functioning of the website should be directed to Mike's Technical Service at [support@mts7.com]. All comments submitted to Mike's Technical Service and concerning the website or Mike's Technical Service's business will belong to Mike's Technical Service. By providing comments, you agree to assign, and hereby do assign, to Mike's Technical Service, to the fullest extent permitted by law, all right, title and interest, including all intellectual property rights, in and to such comments. Mike's Technical Service will be free to use all comments, and all ideas, concepts or techniques embodied in all comments, for any purpose whatsoever, including without limitation by developing, manufacturing and marketing products or services, whether related to the website or not, or incorporating such ideas, concepts, or techniques.

10.1 Disclaimer of Warranties

THE WEBSITE IS PROVIDED "AS IS" AND "AS AVAILABLE", AND MIKE'S TECHNICAL SERVICE AND MIKE'S TECHNICAL SERVICE'S CONTRACTORS AND LICENSORS, AS APPLICABLE, MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF PROPRIETARY RIGHTS.

WITHOUT LIMITING THE FOREGOING, MIKE'S TECHNICAL SERVICE AND MIKE'S TECHNICAL SERVICE'S CONTRACTORS AND LICENSORS, AS APPLICABLE, MAKE NO REPRESENTATION OR WARRANTY:

YOU AGREE THAT YOUR ACCESS TO AND USE OF, OR INABILITY TO ACCESS OR USE, THE WEBSITE IS AT YOUR SOLE RISK. YOU WILL NOT HOLD MIKE'S TECHNICAL SERVICE OR MIKE'S TECHNICAL SERVICE'S CONTRATORS OR LICENSORS, AS APPLICABLE, RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY DAMAGE TO ANY OF YOUR COMPUTERS OR DATA. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY PERSON SHALL CREATE A WARRANTY OR GUARANTEE IN ANY WAY WHATSOEVER RELATING TO THE WEBSITE AS TO MIKE'S TECHNICAL SERVICE OR MIKE'S TECHNICAL SERVICE'S CONTRACTORS OR LICENSORS.

10.2 Conduct, Goods and Services of Third Parties

THE THIRD PARTY LINKS, SERVICES, GOODS, RESOURCES AND CONTENT AVAILABLE ON THE WEBSITE, INCLUDING WITHOUT LIMITATION THOSE AVAILABLE THROUGH THIRD-PARTY ADVERTISEMENTS, ARE NOT CONTROLLED BY MIKE'S TECHNICAL SERVICE. ACCORDINGLY, MIKE'S TECHNICAL SERVICE MAKES NO WARRANTIES REGARDING SUCH THIRD-PARTY SERVICES, GOODS, RESOURCES, AND CONTENT, INCLUDING WITHOUT LIMITATION WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT. MIKE'S TECHNICAL SERVICE WILL NOT BE LIABLE FOR YOUR ACCESS TO, USE OF OR DOWNLOADING OF CONTENT AVAILABLE ON OR THROUGH, OR PURCHASING OF GOODS OR SERVICES FROM, THIRD-PARTY WEBSITES. MIKE'S TECHNICAL SERVICE ASSUMES NO RESPONSIBILITY OR LIABILITY WITH REGARD TO ANY THEFT, LOSS, ALTERATION OR MISUSE OF PERSONAL OR OTHER INFORMATION LAWFULLY PROVIDED BY MIKE'S TECHNICAL SERVICE TO THIRD PARTIES, OR WITH REGARD TO THE FAILURE OF ANY THIRD PARTY TO ABIDE BY THIS AGREEMENT, THE WEBSITE PRIVACY POLICY OR ANY OTHER POLICY OF MIKE'S TECHNICAL SERVICE OR AGREEMENT BETWEEN THAT THIRD PARTY AND MIKE'S TECHNICAL SERVICE.

10.3 Exclusion of Damages

MIKE'S TECHNICAL SERVICE AND MIKE'S TECHNICAL SERVICE'S CONTRACTORS AND LICENSORS WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH YOUR ACCESS TO OR USE OF THE WEBSITE, BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10.4 Limitation of Liability

EXCEPT AS OTHERWISE EXPRESSLY STATED, IN NO EVENT WILL MIKE'S TECHNICAL SERVICE OR MIKE'S TECHNICAL SERVICE'S CONTRACTORS OR LICENSORS, AS APPLICABLE, BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, REGARDLESS OF THE BASIS OR NATURE OF THE CLAIM, ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY ACCESS TO OR USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR CONFIDENTIAL OR OTHER INFORMATION, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY INCLUDING WITHOUT LIMITATION OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE, OR OTHERWISE, EVEN IF MIKE'S TECHNICAL SERVICE OR MIKE'S TECHNICAL SERVICE'S CONTRACTORS OR LICENSORS, AS APPLICABLE, WERE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT WILL THE AGGREGATE LIABILITY FOR ANY AND ALL OF YOUR CLAIMS AGAINST MIKE'S TECHNICAL SERVICE AND MIKE'S TECHNICAL SERVICE'S CONTRACTORS AND LICENSORS ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR ACCESS TO OR USE OF THE MIKE'S TECHNICAL SERVICE EXCEED $25. THE PARTIES AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK.

10.5 Application

THE ABOVE DISCLAIMERS, WAIVERS AND LIMITATIONS DO NOT IN ANY WAY LIMIT ANY OTHER DISCLAIMER OF WARRANTIES OR ANY OTHER LIMITATION OF LIABILITY IN ANY OTHER AGREEMENT BETWEEN YOU AND MIKE'S TECHNICAL SERVICE. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES OR THE LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, WAIVERS AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. MIKE'S TECHNICAL SERVICE'S LICENSORS AND CONTRACTORS ARE INTENDED THIRD-PARTY BENEFICIARIES OF THESE DISCLAIMERS, WAIVERS AND LIMITATIONS.

13.1 REQUIREMENT OF ARBITRATION

BY ACCESSING OR USING THE MIKE'S TECHNICAL SERVICE, YOU AGREE WITH MIKE'S TECHNICAL SERVICE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND MIKE'S TECHNICAL SERVICE WILL RESOLVE ALL CLAIMS ARISING OUT OF OR IN ANY WAY RELATING TO THIS AGREEMENT, OR TO YOUR ACCESS TO OR USE OF THE MIKE'S TECHNICAL SERVICE, BY BINDING ARBITRATION BY THE NATIONAL ARBITRATION FORUM. NOTWITHSTANDING THE FOREGOING SENTENCE, MIKE'S TECHNICAL SERVICE WILL HAVE NO OBLIGATION TO ARBITRATE CLAIMS: (1) BY MIKE'S TECHNICAL SERVICE TO COLLECT FROM YOU UNPAID AMOUNTS DUE MIKE'S TECHNICAL SERVICE; AND (2) SEEKING INJUNCTIVE OR OTHER EQUITABLE RELIEF TO ENFORCE THIS AGREEMENT OR TO STOP OR PREVENT AN INFRINGEMENT OF PROPRIETARY OR OTHER THIRD-PARTY RIGHTS BY YOU. EXCEPT AS OTHERWISE EXPLICITLY NOTED, ANY ARBITRATION WILL BE CONDUCTED UNDER THE NAF CODE OF PROCEDURE (AS DEFINED IN SECTION 1).

13.2 WAIVER OF RIGHT TO A JURY TRIAL

BY ACCESSING OR USING THE MIKE'S TECHNICAL SERVICE, YOU AGREE WITH MIKE'S TECHNICAL SERVICE THAT YOU AND MIKE'S TECHNICAL SERVICE HEREBY WAIVE THEIR RIGHT TO A JURY TRIAL FOR ANY CLAIM BETWEEN YOU AND MIKE'S TECHNICAL SERVICE, REGARDLESS OF WHETHER SUCH CLAIM IS SUBJECT TO ARBITRATION UNDER THIS SECTION 13.

13.3 JOINDER OF CLAIMS

BY ACCESSING OR USING THE MIKE'S TECHNICAL SERVICE, YOU AGREE WITH MIKE'S TECHNICAL SERVICE THAT NEITHER YOU NOR MIKE'S TECHNICAL SERVICE WILL JOIN ANY CLAIM BETWEEN YOU AND MIKE'S TECHNICAL SERVICE WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY IN A LAWSUIT, ARBITRATION OR OTHER PROCEEDING; THAT NO CLAIM BETWEEN YOU AND MIKE'S TECHNICAL SERVICE WILL BE RESOLVED ON A CLASS-WIDE BASIS; AND THAT NEITHER YOU NOR MIKE'S TECHNICAL SERVICE WILL ASSERT ANY CLAIM AGAINST THE OTHER IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE.

13.4 FINALITY, APPLICATION OF ARBITRATION AWARD

ANY ARBITRATION AWARD MADE AFTER COMPLETION OF AN ARBITRATION IS FINAL. AN AWARD AND ANY JUDGMENT CONFIRMING IT ONLY APPLIES TO THE ARBITRATION IN WHICH IT WAS AWARDED AND CAN'T BE USED IN ANY OTHER CASE EXCEPT TO ENFORCE THE AWARD ITSELF.

13.5 Interpretation

This agreement to arbitrate will be governed by and interpreted under the Federal Arbitration Act, 9 U.S.C. Sections 1-12. In rendering an award, the arbitrator shall apply the substantive and procedural law of the state of New York, without regard to its choice of laws principles. The arbitrator shall not have any power to alter, amend, modify or change any of the terms of this Agreement, nor to grant any remedy that is either prohibited by the terms of this Agreement or not available in a court of law.

13.6 Hearings; Fees and Costs

Either party may demand that any required arbitration hearing or hearings be conducted other than in person, even if the NAF Code of Procedure would otherwise provide for an in-person hearing. Except as otherwise provided by this Agreement or by applicable law, any required hearing fees and costs, including without limitation the fees of the arbitrator and reasonable attorneys' fees, shall be paid by the parties as required by the NAF Code of Procedure or as otherwise allocated by the arbitrator in the award. If any party files a judicial or administrative action asserting a claim that is subject to arbitration and the other party successfully stays such action or compels arbitration, the party filing that action must pay the other party's costs and expenses incurred in seeking such stay or compelling arbitration, including attorney's fees.

13.7 Remedies in Aid of Arbitration

Notwithstanding anything herein to the contrary, this agreement to arbitrate will not preclude either you or Mike's Technical Service from seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration or confirm an arbitral award. THE PROPER VENUE FOR ANY ACTION PERMITTED UNDER THIS SUBSECTION REGARDING "REMEDIES IN AID OF ARBITRATION" WILL BE THE STATE AND FEDERAL COURTS LOCATED IN NEW YORK CITY, NEW YORK. THE PARTIES HEREBY STIPULATE TO, AND AGREE TO WAIVE ANY OBJECTION TO, THE PERSONAL JURISDICTION AND VENUE OF, SUCH COURTS.

13.8 Information

Information on the National Arbitration Forum may be obtained and claims may be filed at any office of the National Arbitration Forum, online at http://www.arbitration-forum.com or by mail at P.O. Box 50191, Minneapolis, MN 55405.

14.1 By Mike's Technical Service

Mike's Technical Service reserves the right, in Mike's Technical Service's sole discretion, for any reason or no reason at all, without notice or liability to you or any third party, to terminate your access to and use of the website. Mike's Technical Service also will have the right, in Mike's Technical Service's sole discretion, without notice or liability to you or any third party, to terminate this Agreement for cause. Cause may include, without limitation: (i) your breach of any part of this Agreement; (ii) your violation of the rights of any third party; or (iii) your account becoming inactive for an extended period of time, each in the sole discretion of Mike's Technical Service.

14.2 By You

You may terminate this Agreement and your rights hereunder for any reason at any time by providing to Mike's Technical Service notice of your intention to do so, in the manner specified in Section 12.1.

14.3 Effect of Termination

Any termination of this agreement automatically terminates the license granted to you by Mike's Technical Service under Section 2, including without limitation your rights to access and use the website, and to create, make available, search and access Web Logs. Subsequent to termination, Mike's Technical Service reserves the right to exercise whatever means we deem necessary to prevent your unauthorized access to and use of the website, including without limitation technological barriers such as IP mapping and direct contact with your Internet Service Provider.

Termination by either Mike's Technical Service or you will affect all user profiles associated with a given unique mobile phone number.

14.4 Legal Action

If Mike's Technical Service, in Mike's Technical Service's discretion, files an arbitration claim or takes other legal action against you in connection with any actual or suspected breach of this Agreement, Mike's Technical Service will be entitled to recover from you as part of such legal action, and you agree to pay, Mike's Technical Service's reasonable costs and attorneys' fees incurred as a result of such legal action. Mike's Technical Service, Mike's Technical Service's licensors and Mike's Technical Service's contractors will have no legal obligation or other liability to you or any third party arising out of or relating to Mike's Technical Service's termination of this Agreement.

14.5 Survival

Upon termination, all rights and obligations created by this Agreement will terminate, except that Sections 1, 6.1 (concerning your representations and warranties), 7.1 and 7.2, 9.1, 11-13, 15-18 and 20, and all rights and obligations created pursuant to those sections will survive any termination of this Agreement.

15.1 Entire Agreement; Amendment

This Agreement constitutes the entire agreement between Mike's Technical Service and you concerning your access to and use of the website, and may only be modified by a written amendment signed by an authorized executive of Mike's Technical Service or by the unilateral amendment of this Agreement by Mike's Technical Service and the posting by Mike's Technical Service of such amended version.

15.2 Severability; Waiver

If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

15.3 Assignment

This Agreement and all of your rights and obligations hereunder will not be assignable or transferable by you without the prior written consent of Mike's Technical Service. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

15.4 Relationship

You and Mike's Technical Service are independent contractors, and no agency, partnership, joint venture or employee-employer relationship is intended or created by this Agreement.

15.5 Third Party

Except for Mike's Technical Service's contractors and licensors as and to the extent expressly set forth herein, and the website Indemnified Parties as and to the extent expressly set forth herein, there are no third-party beneficiaries to this Agreement.

15.6 Choice of Law; Venue and Personal Jurisdiction

This Agreement, including without limitation its interpretation and enforcement, and all disputes arising thereunder or relating thereto, or to the Mike's Technical Service or the advertising therefor, will be governed by and construed under the laws of the state of New York, without regard to that state's conflict of laws principles. THE PROPER VENUE FOR ANY JUDICIAL ACTION ARISING UNDER OR RELATING TO THIS AGREEMENT, THE WEBSITRE OR THE ADVERTISING FOR THE WEBSITE WILL BE THE STATE AND FEDERAL COURTS LOCATED IN SANTA ANA, CALIFORNIA. THE PARTIES HEREBY STIPULATE TO, AND AGREE TO WAIVE ANY OBJECTION TO, THE PERSONAL JURISDICTION AND VENUE OF, SUCH COURTS.

15.7 Irreparable Injury

You acknowledge and agree that any actual or threatened breach of this Agreement or infringement of proprietary or other third-party rights by you would cause irreparable injury to Mike's Technical Service or Mike's Technical Service's licensors, as the case may be, and would therefore entitle Mike's Technical Service to injunctive relief.