What is this document?

When you choose to use or become a member of the AKA service at AlwaysKnownAs.com, you agree to abide by the terms of this agreement. This is a legal agreement between yourself and AlwaysKnownAs.com, a division of eM.Interactive, Inc., a Canadian corporation.

To whom does this document apply?

Any member or guest of the AKA service and any user of AKA Connect software (The Software) must agree to the terms of this agreement.

Who can become a member of the AKA service?

Anyone 18 years or older may become a member of AKA. By accepting these Terms of Use, you are acknowledging that you are 18 years old or above.

How may I use the AKA service and/or the AKA Connect software?

You may use the AKA service and software in the following ways:

•	You can establish a unique name for yourself (your AKA and your openID) which links to your personal contact information
•	You can maintain and update your contact information at AlwaysKnownAs.com
•	You can share your AKA and/or openID with others who will then be able to look up your current contact information at AlwaysKnownAs.com
•	You can look up contact information for other members who provide you with their AKA and/or openID
•	You can search for AKA members by name and request either their AKA, their openID, or their contact information (or all three)
•	You can use other members' AKAs or openIDs to easily add them to your address book
•	You can send personal e-mails to friends and colleagues informing them of your AKA and or openID and giving them instructions on how to look you up at AlwaysKnownAs.com
•	You may place a link to AlwaysKnownAs.com on your website
•	You may place an approved AlwaysKnownAs.com banner on your website

Are there any restrictions to my use of the AKA service?

•	You must use the product in accordance with any local, state, provincial, national or other laws that may apply
•	You may not reproduce the software for any reason other than making a copy for your own backup purposes
•	You may not reverse engineer or create derivative works from the software
•	You may not use the AKA service to send spam (unsolicited bulk e-mail)
•	You may not use the AKA service to send links or disseminate either promotional materials, offensive materials, or materials which are illegal
•	You may not use the AKA software to harass other AKA members in any way
•	You may not make more than three requests for information from any individual AKA member
•	You may not use other members' personal contact information for any purpose other than establishing contact between yourself and the member
•	You may not create a false identity using the AKA software
•	You may not use the copywrited or trademarked assets of AlwaysKnownAs.com, Inc. for any reason, unless you have our express written permission. These assets include the AKA logo, the name AlwaysKnownAs.com, the name AKA Connect, the phrase "what's your AKA?" and any other copyrighted or trademarked assets of AlwaysKnownAs.com, Inc.

What about the privacy of my personal information?

AlwaysKnownAs.com wants to safeguard the privacy of your personal information no matter what. We've designed our privacy policy and our software to guarantee the absolute security of your personal information.

Our Privacy Policy is an integral part of this Terms of Use agreement. Click on the provided link to review our policy.

What if I want to stop using AlwaysKnownAs.com?

Simply click here to terminate your membership. All your personal information will be deleted automatically.

How much does AKA cost?

•	The AlwaysKnownAs.com service is free for your membership and the maintenance of your AKA and openID and the storage of your contact information

How does paid annual subscription for premium services work?

•	AlwaysKnownAs.com may choose to offer premium services in the future which will require a fee. If these services are offered, you will be notified and it will be your option to participate or not
•	You pay in advance for any AKA optional services (12 months)
•	You will be notified via reminder e-mail 30 days prior to the end of your premium serice annual membership period that payment is due for your next year's subscription
•	If you do not wish to renew your membership, simply cancel it at any time
•	If you do not terminate your subscription for premium services and already have a credit card number on file with AlwaysKnownAs.com, we will automatically renew your subscription on your renewal date
•	If you don't have a credit card on file with AlwaysKnownAs.com, you will have 30 days from the receipt of your reminder e-mail to provide us with a valid credit card for renewal of any premium services
•	We periodically offer special promotions which provide "free trial" periods. You will be notified via reminder e-mail 30 days prior to the end of your free trial period that payment is due for your annual subscription for any premium service

What warranties does AlwaysKnownAs.com make to me?

•	Our only warranty to you is that the AKA software will work as documented or we will refund your annual fee.
•	We will make our best effort to provide you with technical assistance should the software not work as documented.
•	AlwaysKnownAs.com makes no other warranties regarding the software and service, either express, implied, or otherwise.
•	Please note: the use of AlwaysKnownAs.com and AKA Connect is completely at your own risk.
•	AlwaysKnownAs.com's liability for any damages purportedly caused by an inability to use the website or service as documented is limited to your current year's annual fee (if any)

What rights does AlwaysKnownAs.com have to cancel my membership?

•	Violation of any of the restrictions mentioned above will be cause for immediate cancellation of your membership. Your personal information will be deleted and you will no longer have any claim to your unique identifier (your AKA). Your annual fee (if any) will not be refunded.
•	AlwaysKnownAs.com retains the right to no longer provide the AKA service via AlwaysKnownAs.com to any of it's members. If we choose to stop providing the service, you will receive an e-mail notification from us. The service will remain available to you for 30 days past notification

What rights does AlwaysKnownAs.com have to change these terms of use?

•	We retain the right to either terminate or change these terms of use at any time.
•	You will be given 30 days notice via e-mail if these terms of use are subject to change.
•	You have the right to discontinue using the service if you object to changes in the terms of use agreement.
•	Your continued use of the website and or service beyond the 30-day notification indicates your acceptance of the new terms of use agreement.

Disclaimer of Warranties

AlwaysKnownAs.com, Inc. and its affiliates, licensors, partners, members, suppliers, employees, consultants and agents ('AlwaysKnownAs.com') disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, operability or availability of information displayed on the AKA Service.

AlwaysKnownAs.com further expressly disclaims (1) that the AKA Service will meet your requirements and will be uninterrupted, error-free, timely, or secure, (2) that defects or errors will be corrected, (3) that the AKA Service or the server that makes it available are free of viruses or other harmful components, and (4) that the use of the AKA Service or the content made available as part of the AKA Service will be correct, accurate, timely, or otherwise reliable.

AlwaysKnownAs.com expressly disclaims any and all responsibility and liability for the conduct of any other AKA Member, and expressly disclaims that the content and information of the AKA Service input by other Members is correct or accurate.

THE AKA SERVICE, AND ALL MATERIALS, INFORMATION (INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, LINKS OR ANY INFORMATION OR MATERIALS OBTAINED OR ACCESSED THROUGH THE AKA SERVICES), PRODUCTS AND SERVICES INCLUDED THEREIN ARE PROVIDED 'AS IS,' 'WITH ALL FAULTS', 'AS AVAILABLE', WITH NO WARRANTIES WHATSOEVER. ALWAYSKNOWNAS.COM EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM COMPUTER VIRUS, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. Some states do not allow the exclusion or limitation of implied warranties, so the above disclaimers and exclusions may not apply to you.

YOU AGREE THAT YOUR USE OF THE AKA SERVICE IS ENTIRELY AT YOUR OWN RISK.

Hold Harmless and Indemnity

You agree to hold harmless and indemnify, and at AKA's request defend, AlwaysKnownAs.com, its parents, subsidiaries, and affiliates, and their respective owners, officers, managers, members, agents, and employees, from and against any third party claim arising from or in any way related to your use of or conduct on the AKA Service, including any liability or expense arising from all claims, liabilities, losses, damages (actual and consequential), suits, judgments, litigation costs, expenses, and attorneys' fees, of every kind and nature. In such a case, AlwaysKnownAs.com will provide you with written notice of such claim, suit or action.

Limitation of Liability

YOUR USE OF THE AKA SERVICE AND SOFTWARE IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES WILL ALWAYSKNOWNAS.COM, ITS PARENTS, SUBSIDIARIES, AND AFFILIATES, AND THEIR RESPECTIVE OWNERS, OFFICERS, MANAGERS, MEMBERS, AGENTS, AND EMPLOYEES, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH USE OF, OR INABILITY TO USE, THE AKA SERVICE, WHETHER OR NOT ALWAYSKNOWNAS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. SUCH LIMITATION OF LIABILITY SHALL APPLY (I) WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE AKA SERVICE, FROM INABILITY TO USE THE AKA SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE AKA SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), AND (II) NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. IF YOU ARE DISSATISFIED WITH THE AKA SERVICE OR ANY PART OF THE AKA SERVICE YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE AKA SERVICE AND ITS RELATED WEBSITE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU. UNDER NO CIRCUMSTANCES SHALL ALWAYSKNOWAS.COM BE LIABLE TO YOU FOR ANY AMOUNT EXCEEDING YOUR CURRENT ANNUAL SUBSCRIPTION FEE OR (U.S.), WHICHEVER IS HIGHER.

Notices

AwaysKnownAs.com may provide you with notices regarding the AKA Service or these Terms of Use by regular mail, email, or postings to this Web site.

Legal Compliance

You shall comply with all applicable domestic and international laws, statutes, ordinances, regulations, contracts and applicable licenses regarding your use of the AKA Services.

Miscellaneous

These Terms of Use will be governed by and construed in accordance with the laws of the Province of Ontario, Canada, without giving effect to its conflict of laws provisions or your actual state or country of residence. The parties agree to submit to the personal and exclusive jurisdiction of the courts located in the province of Ontario, Canada. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Use to be unenforceable, the remainder of the Terms of Use will continue in full force and effect. You shall not assign these Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without our prior written consent. Any such purported assignment or delegation will be null and void and of no force or effect.

Without limiting the foregoing, under no circumstances shall AlwaysKnownAs.com be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

These Terms of Use constitute the entire agreement between you and AlwaysKnownAs.com, a division of eM.Interactive, Inc. with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Use by a party will be effective only if in writing and signed by a party.