Last Updated: May 1, 2008

MySpeedRail Terms of Service

ACCEPTANCE

Welcome to MySpeedRail. These Terms of Service govern your use of www.myspeedrail.com as accessed from any device (the "Site"), and all MySpeedRail services and applications (the "Services"). By using the Site or Services, you acknowledge that you have read, understood, and agreed to be bound by these Terms of Service and any modifications that may be made to these Terms of Service from time to time. If you do not agree to these Terms of Service, you should not use the Site or Services. These Terms of Service constitute a binding legal agreement between you and Angostura, Ltd. ("MySpeedRail," "we," "us," and "our"). Please read them carefully before accessing or using the Site or the Services.

CUSTOMER SUPPORT

MySpeedRail is dedicated to providing high-quality customer service. You may contact our customer service department by submitting an email to termsofservice@myspeedrail.com;

REGISTRATION

Before you can use certain parts of the Services, you may be required to register as a member. You must be 14 years of age or older to register as a member and use the Services. You agree to provide true, accurate, current, and complete information about yourself as prompted by the Site's registration form (such information, being the "Registration Data"), and you agree to 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 we have any reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, we may suspend or terminate your account and refuse to offer you any and all current or future use of the Services and the Site. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and cell phone. You are solely responsible for any activity related to your account and will not sell or otherwise transfer your account. If you suspect any unauthorized use of your account, notify us immediately. You acknowledge and agree that we may preserve user information and Content and may also disclose user information and Content, if required to do so by law or if we believe, in good faith, that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Service; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of MySpeedRail, its users, or the public.

CONTENT

The Site and the Services may allow you and other third parties to post data, music, pictures, videos, digital files, text, code, messages, opinions, advice, statements, reviews, comments, and other materials and information (collectively, "User-Generated Content"). All User-Generated Content, whether publicly posted on or privately transmitted via the Site or the Services, is the sole responsibility of the person from whom the User-Generated Content originated and not of MySpeedRail, or its shareholders, directors, officers, or employees. MySpeedRail may review and delete any User-Generated Content, in whole or in part, that in the sole judgment of MySpeedRail violates these Terms of Service or that might be offensive, illegal, or that might violate the rights of or harm any third parties. Nonetheless, under no circumstances will MySpeedRail or its stockholders, directors, officers, employees, agents, representatives, partners, or affiliates be held liable for any loss or damage caused by your reliance on User-Generated Content (collectively, "Content") obtained through the Site or the Services. It is your responsibility to evaluate the Content available through the Services or the Site. Although User-Generated Content will not be pre-screened, we may review it at our discretion and we reserve the right to refuse or delete any Content. Be aware that while the Services are intended for general audiences, because MySpeedRail's website contains User-Generated Content, objectionable material may appear on the Site or the Services from time to time. Individuals who are under the age of 18 or who are otherwise prohibited by law to access such content may not access, view or download such content.

LICENSES

By posting User-Generated Content you hereby grant (or warrant that the owner of the User-Generated Content grants) us and each user of the Site or the Services a royalty-free, perpetual, irrevocable, fully sublicensable, worldwide, non-exclusive right to use, reproduce, modify, translate, adapt, publish, create derivative works of, transmit, distribute, perform, display, delete (in whole or in part), and incorporate the User-Generated Content for any purpose and without acknowledgement to you. By posting or providing User-Generated Content, you represent and warrant that public posting and use of the User-Generated Content by us and any of our users will not infringe on or violate the rights of any third party. If you want to remove your materials from MySpeedRail, please contact us and we will consider your request on a case-by-case basis. Subject to these Terms of Service, including payment, as applicable, MySpeedRail grants you a limited, non-exclusive, non-transferable, revocable right to download the Content solely for your own non-commercial use. You understand and agree that you may not sell, copy, revise, download, reproduce, modify, publicly display, publicly perform, transfer, distribute, create derivative works from, or otherwise use the Content except as expressly provided in these Terms of Service. You understand and agree that you may not authorize, encourage or allow any Content used or obtained by you to be reproduced, modified, displayed, performed, transferred, distributed or otherwise used by any other party, and you agree that you will use your best efforts and take all reasonable steps to prevent any unauthorized reproduction, distribution, and/or other use of them, in whole or in part, and in any medium. You acknowledge that the Content is owned by MySpeedRail and its licensors, is protected by intellectual property laws, contains valuable confidential information and trade secrets, and that any unauthorized use and/or copying of the Content will be harmful to MySpeedRail, its content providers, and licensors.

CLAIMS OF COPYRIGHT INFRINGEMENT

MySpeedRail respects the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting through the Site or Services any materials that violate another party's intellectual property rights. When we receive proper Notification of Alleged Copyright Infringement as described below, we promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers in accordance with the Digital Millennium Copyright Act.

A. Notification of Alleged Copyright Infringement

If you believe that your own copyrighted work is accessible through the Site or Services in violation of your copyright, you may provide our designated agent with a written communication as set forth in the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. 512(c)(3) that contains substantially the following:

1. Identify in sufficient detail the copyrighted work or intellectual property that you claim has been infringed so that we can locate the material. For example, "The copyrighted work is my content that appears at http://www.mycontentpage.com/item1." If multiple copyrighted works at a single online site are covered by your notification, you may provide a representative list of such works at that site.

2. Identify the URL or other specific location on the application or website provided by us that contains the material that you claim infringes your copyright described in Item 1 above. You must provide us with reasonably sufficient information to locate the alleged infringing material. For example, "The content at the following URL infringes on my copyright: http://www.anothercontent.com/item2."

3. Provide the electronic or physical signature of the owner of the copyright or a person authorized to act on the owner's behalf.

4. Include a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.

5. Include a statement by you that the information contained in your notice is accurate and that you attest under the penalty of perjury that you are the copyright owner or that you are authorized to act on the owner's behalf.

6. Include your name, mailing address, telephone number and email address. You may submit your notification of alleged copyright infringement to our designated agent by fax, mail, or email as set forth below:

MySpeedRail Designated Copyright Agent

765-286-0000

420 West Washington St.

Muncie, IN 47305

Fax: 765-281-0100

Email: termsofservice@myspeedrail.com

Please note that you may be liable for damages, including court costs and attorneys fees, if you materially misrepresent that content on our website and/or application is copyright infringing. Upon receiving a proper notification of alleged copyright infringement as described in this Section A, we will expeditiously remove or disable access to the allegedly infringing material and promptly notify the alleged infringer of your claim. We also will advise the alleged infringer of the DMCA statutory counter notification procedure described below in Section B by which the alleged infringer may respond to your claim and request that we restore this material. If we receive a notification of alleged copyright infringement that does not contain all of the information described above, but provides a way for us to contact you, we will promptly follow up with you to request that you provide any information not previously provided.

B. Counter Notification

If you believe your own copyrighted material has been removed from our website or application as a result of mistake or misidentification, you may submit a written counter notification to our designated agent pursuant to 17 U.S.C. 512(g)(2) and (3). To be an effective counter notification under the DMCA, your counter notification must include substantially the following:

1. Identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled.

2. A statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which the service provider may be found.

3. A statement that you will accept service of process from the party that filed the notification of alleged copyright infringement or the party's agent.

4. Your name, address and telephone number.

5. A statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.

6. Your physical or electronic signature.

You may submit your counter notification to our designated agent by fax, mail, or email as set forth below:

MySpeedRail Designated Copyright Agent

765-286-0000

420 West Washington St.

Muncie, IN 47305

Fax: 765-281-0100

Email: termsofservice@myspeedrail.com

If you send us a valid, written counter notification meeting the requirements described above, we will restore your removed or disabled material after 10 business days but no later than 14 business days from the date we receive your counter notification, unless our designated agent first receives notice from the party filing the original notification of alleged copyright infringement informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question. Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney's fees.

C. Repeat Infringer Policy

In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, we will terminate access to our website or application by users who are repeat infringers. We may also at our sole discretion limit access to our application and/or website and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

MySpeedRail occasionally receives requests to remove Content. You acknowledge that we may remove any Content from the Service, including your User-Generated Content, if the posting of that User-Generated Content violates these Terms of Service, or if you have violated these Terms of Service.

USAGE GUIDELINES AND RESTRICTIONS

You agree not to use the Site or the Services to:

1. upload, post, e-mail, or otherwise transmit any User-Generated Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, contains nudity or any other material that may be considered "adult", libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;

2. harm minors in any way or impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;

3. upload, post, e-mail, or otherwise transmit User-Generated Content that you do not have a right to transmit 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);

4. upload, post, e-mail, or otherwise transmit User-Generated Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;

5. upload, post, e-mail, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other forms of solicitation;

6. upload, post, e-mail, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;

7. interfere with or disrupt the Services, the Site, or servers or networks connected to the Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site;

8. circumvent any security measure or any payment collection method employed on the Services, or access the Services after your account or access has been terminated by MySpeedRail;

9. intentionally or unintentionally violate any applicable local, state, national, or international law, "stalk" or otherwise harass another, or collect or store personal data about other users;

10. use any automated means to access the Site or the Services or collect any information from the Site or the Services (including, without limitation, robots, spiders, or scripts);

11. frame the Site or the Services, utilize framing techniques to enclose any service mark, logo, or other proprietary information, place pop-up windows over its pages, or otherwise affect the display of its pages. This means, among other activities, that you must not engage in the practices of "screen scraping," "database scraping," or any other activity with the purpose of obtaining lists of users or other information; or

12. cover or obscure banner advertisements on any MySpeedRail Web page including your personal profile page.

The Site and the Services are for your personal use only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by MySpeedRail. Illegal and/or unauthorized use of the Site or the Services, including collecting usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Site or the Services is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Site and the Services without notice and may result in termination of your account and user privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the Site or the Services.

TERMINATION

You agree that MySpeedRail, in its sole discretion, may terminate your password, account (or any part thereof), and use of the Site and the Services, and remove and discard any Content within the Site, for any reason, including, without limitation, for lack of use or if MySpeedRail believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. MySpeedRail may also in its sole discretion and at any time modify or discontinue providing the Site or the Services, or any part thereof, with or without notice. You agree that any modification or termination of your access to the Site or the Services may be effected without prior notice, and you acknowledge and agree that MySpeedRail may immediately deactivate or delete your account and all related information and Content in your account and bar any further access to such information or to the Site or the Services. Further, you agree that MySpeedRail will not be liable to you or any third party for any modification or termination of your access to the Site or the Services. Even after termination of these Terms of Service, the Sections on Licenses, Usage Guidelines and Restrictions, Termination, Modifications, Disclaimers of Warranties; Limitations of Liability, Indemnity, Governing Law and Arbitration, Release, Claims of Copyright Infringement, and General remain in effect.

PRIVACY

Any information submitted on the Site or the Services is subject to our Privacy Policy, the terms of which are incorporated into these Terms of Service. Please review our Privacy Policy carefully.

MODIFICATIONS

We reserve the right to modify these Terms of Service at any time and in any manner at our sole discretion. Notice of any modification of these Terms of Service will be posted in the Terms of Service section of the Site, and any such modifications will be effective upon the posting of such notice. Your continued use of the Site or the Services constitutes your binding acceptance of such modifications. Please check this section of the Site before using the Site or the Services to determine whether a change has been made to these Terms of Service. If you do not agree to any changes in the Terms of Service as they may occur, please arrange to terminate your registration with the Site immediately and discontinue your use of the Services and the Site. You agree that we are not liable to you or to any third party for any modification of the Terms of Service.

DISCLAIMERS OF WARRANTIES; LIMITATIONS ON LIABILITY

The Site, the Services, and all Content (including licensed databases) are provided "as is"; MySpeedRail and its licensors make no representations or warranties of any kind with respect to the Services, the Content, the Site, or any contents therein. MySpeedRail and its licensors assume no liability or responsibility for any errors or omissions in providing the Services, the Site, or the Content, any losses or damages arising from the use of the Content, or any conduct by users of the Site. MySpeedRail AND ITS LICENSORS EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES RELATING TO THE SERVICES, THE CONTENT, AND THE SITE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, AUTHENTICITY, TITLE, AND NON-INFRINGEMENT. In addition, MySpeedRail and its licensors do not represent or warrant that the information on or accessible via the Site or through the Services is complete or current. MySpeedRail'S AND ITS AFFILATES', SUPPLIERS', AND THEIR RESPECTIVE OFFICERS', DIRECTORS', STOCKHOLDERS', EMPLOYEES', AGENTS', AND REPRESENTATIVES' LIABILITY UNDER THESE TERMS OF SERVICE IS LIMITED TO DIRECT, OBJECTIVELY MEASURABLE DAMAGES. MySpeedRail AND ITS AFFILATES, SUPPLIERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, STOCKHOLDERS, EMPLOYEES, AGENTS, AND REPRESENTATIVES WILL NOT BE HELD LIABLE FOR ANY INDIRECT OR SPECULATIVE DAMAGES (INCLUDING, WITHOUT LIMITING THE FOREGOING, CONSEQUENTIAL, INCIDENTAL, AND SPECIAL DAMAGES) INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, BUSINESS INTERRUPTIONS, LOSS OF DATA, AND LOSS OF PROFITS, REGARDLESS OF WHETHER THESE PARTIES HAD ADVANCE NOTICE OF THE POSSIBILITY OF ANY SUCH DAMAGES. MySpeedRail'S AND ITS AFFILATES', SUPPLIERS', AND THEIR RESPECTIVE OFFICERS', DIRECTORS', STOCKHOLDERS', EMPLOYEES', AGENTS', AND REPRESENTATIVES' TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICES, THE CONTENT, THE SITE OR THESE TERMS OF SERVICE, WHETHER IN CONTRACT OR IN TORT, SHALL NOT EXCEED $100. EACH PROVISION OF THESE TERMS OF SERVICE THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS OF SERVICE BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE PRICING AND TERMS OFFERED TO YOU BY MySpeedRail AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS OF SERVICE. THE LIMITATIONS IN THIS SECTION WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY UNDER THESE TERMS OF SERVICE. Some states, provinces or countries do not allow the foregoing limitations of liability, so they may not apply to you.

INDEMNITY

You agree to indemnify and hold MySpeedRail or its stockholders, directors, officers, employees, agents, representatives, partners, or affiliates harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, arising out of, resulting from or connected with the use, modification, misinterpretation, misuse, or reuse by you of the Site, the Services, or Content, including without limitation these Terms of Service.

LINKS AND ADVERTISING

We may provide, or third parties may provide, links to other Web sites or resources that are beyond our control. We make no representations as to the quality, suitability, functionality, or legality of any sites to which links may be provided, and you hereby waive any claim you might have against us, with respect to such sites. MySpeedRail IS NOT RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR WEB PAGES THAT ARE CONTAINED OUTSIDE THE SITE. Your correspondence or business dealings with, or participation in promotions of, other users, advertisers, or partners found on or through the Site or the Services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such user, advertiser, or partner. You agree that we are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or partners on the Site or the Services. These Terms of Service are governed in all respects by the laws of the Republic of Trinidad and Tobago, as such laws are applied to agreements entered into and to be performed entirely within the Republic of Trinidad and Tobago between residents of the Republic of Trinidad and Tobago. Any controversy or claim arising out of or relating to these Terms of Service, the Services, the Products, or the Site will be settled by binding arbitration. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in the Republic of Trinidad and Tobago, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. The award of the arbitrator will be final and binding upon the parties without appeal or review except as permitted by applicable law. Notwithstanding the foregoing, either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party's rights or property pending the completion of arbitration. By using the Site or the Services, you consent and submit to the exclusive jurisdiction and venue of the courts located in the Republic of Trinidad and Tobago.

RELEASE

In the event that you have a dispute with one or more users of the Site or the Services, you release MySpeedRail and its stockholders, directors, officers, employees, agents, representatives, partners, and affiliatesfrom claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

GENERAL

MySpeedRail's failure to act in a particular circumstance does not waive its ability to act with respect to that circumstance or similar circumstances. By using the Site or the Services, you consent to receiving electronic communications from MySpeedRail. These communications will include notices about your account and information concerning or related to the Services. You agree that any notice, agreements, disclosure, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. MySpeedRail is excused for any failure to perform to the extent that its performance is prevented by any reason outside of its control. These Terms of Service, together with our Privacy Policy, comprise the entire agreement between you and MySpeedRail and supersede all prior agreements between the parties regarding the subject matter contained herein. Any provision of these Terms of Service which is determined by an authorized arbitrator or court of competent jurisdiction to be unenforceable in any jurisdiction shall be severable from these Terms of Service in that jurisdiction without in any way invalidating the remaining provisions of these Terms of Service. The unenforceability of any provision in a given jurisdiction will not make that provision unenforceable in any other jurisdiction. Please direct any questions regarding these Terms of Service to: termsofservice@myspeedrail.com