VETPORT TERMS OF SERVICE AGREEMENT 1.02

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE USING THIS SOFTWARE or THE SOFTWARE AS A SERVICE("SAAS") Version of VETport. THIS Terms of Service, the "AGREEMENT", PROVIDES IMPORTANT INFORMATION CONCERNING THE SOFTWARE and/or SAAS, PROVIDES YOU WITH A LICENSE TO USE THE SOFTWARE and/or SAAS AND CONTAINS WARRANTY AND LIABILITY INFORMATION. BY USING THE SOFTWARE OR SAAS, YOU ARE ACCEPTING THE SOFTWARE or SAAS "AS IS" and "AS AVAILABLE" AND AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT WISH TO DO SO, DO NOT USE THE SOFTWARE or SAAS.

OWNERSHIP OF SOFTWARE

You acknowledge and agree that all of the computer programs and associated documentation (collectively, the "Software" and "SAAS") are owned exclusively by VETport LLC. You agree that the price paid by you for the Software grants you only the rights set forth in this AGREEMENT.

LICENSE

VETport LLC grants to you, and you accept, a limited, non-exclusive and revocable license to use the Software, in machine-readable, object code form only installed on your server OR to use the Software as a Service(SAAS) Version of VETport. You agree to use the Software or Software as a Service("SAAS") only as authorized in this AGREEMENT. This AGREEMENT does not convey to you any ownership rights or any other interest in the Software or Software as a Service("SAAS").

SCOPE OF LICENSE

This Software is licensed to be installed and used on only one server or as a Software as a Service("SAAS") provided by VETport LLC. A valid license must be purchased for each server computer on which the Software is installed or for each Software as a Service("SAAS") instance.

You may not copy or make any changes or modifications to the Software, and you may not translate, de compile, disassemble, or otherwise reverse engineer the computer program(s). You may not lend, rent, lease or sublicense the Software or any copy to others for any purpose. You agree to use all reasonable efforts to protect the Software from unauthorized use, modification, reproduction, distribution or publication. You are not permitted to make any uses or copies of the Software that are not specifically authorized by the terms of this AGREEMENT, and VETport LLC reserves all rights that are not expressly granted to you. Your adherence to this License AGREEMENT will allow VETport LLC to continue developing innovative and useful products and providing a high level of customer service and support.

DESCRIPTION THE SOFTWARE AS A SERVICE("SAAS") VERSION

The Service is web-based and allows users that register for an account on the Service (an “Account Holder”) to create and update an online web site on VETport's Internet Property (a VETport Site). Once registered with the Service, each Account Holder receives his or her own VETport SAAS to post “Content”. Each VETport SAAS has a limited disk space and a limited amount of support. The available features and space you may use depend on the type of account you have. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new VETport LLC tools and resources, shall be subject to the License. In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. You also understand and agree that the service may include certain communications from VETport LLC such as service announcements, administrative messages and the VETport Newsletter, and that these communications are considered part of VETport membership and you will not be able to opt out of receiving them. You agree not to access the Service by any means other than through the interfaces that are provided by VETport LLC for use in accessing the Service.

CONTENT AND CONDUCT RULES AND OBLIGATIONS

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, goods, products, services or other materials ("Content") are the sole responsibility of the person from which such Content originated. You, and not VETport LLC, are entirely responsible for all Content that you upload, post, transmit or otherwise make available via the Service. VETport LLC does not control the Content posted via the Software or Software as a Service and, as such, does not guarantee the accuracy, integrity or quality of such Content.

You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will VETport LLC be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available via the Service. You acknowledge that VETport LLC does not pre-screen Content, but that VETport LLC and its designees shall have the right (but not the obligation) in their sole discretion to refuse, move or delete any Content that is available via the Service. Without limiting the foregoing, VETport LLC and its designees shall have the right to remove any Content that violates the Licenses or is otherwise objectionable in VETport LLC's sole discretion. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by VETport LLC or submitted to VETport LLC. You acknowledge and agree that VETport LLC may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the License; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of VETport LLC, its users and the public.

You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Should Content be found or reported to be in violation with, but not limited to, the following terms, it will be in VETport LLC's sole discretion as to what action should be taken.

You agree that you will not:

1. upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy (up to, but not excluding any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, or racially, ethnically or otherwise objectionable

2. harm minors in any way

3. impersonate any person or entity, including, but not limited to, a VETport LLC official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity

4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service

5. upload, post or otherwise transmit any 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)

6. upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party

7. upload, post, or transmit unsolicited commercial email or "spam". This includes unethical marketing, advertising, or any other practice that is in any way connected with "spam", such as

1. sending mass email to recipients who haven't requested email from you or with a fake return address

2. promoting a site with inappropriate links, titles, descriptions, or

3. promoting your site by posting multiple submissions in public forums that are identical

8. upload, post 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

9. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service

10. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law

11. "stalk" or otherwise harass another

12. promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, without limitation, providing instructions on how to assemble bombs, grenades and other weapons or incendiary devices

13. offer for sale or sell any item, good or service that (a) violates any applicable federal, state, or local law or regulation, (b) you do not have full power and authority under all relevant laws and regulations to offer and sell, including all necessary licenses and authorizations, or (c) VETport LLC determines, in its sole discretion, is inappropriate for sale through the Service provided by VETport LLC

14. use the Service as a forwarding service to another website

15. solicit passwords or personal identifying information for commercial or unlawful purposes from other users

16. exceed the scope of the Service that you have signed up for; for example, accessing and using the tools that you do not have a right to use, or deleting, adding to, or otherwise changing other peoples comments or content.

17. engage in commercial activities within VETport or on behalf of VETport without prior approval. This includes, but is not limited to, the following activities:

1. Displaying a banner that is designed to profit you or any other business or organization; and

2. Displaying banners for services that provide cash or cash-equivalent prizes to users in exchange for hyperlinks to their web sites.

18. obscure any advertisements from general view via HTML/CSS or any other means.

19. make any automated use of the system.

If any user is reported to be in violation with the letter or spirit of these terms, VETport LLC retains the right to terminate such account at any time without further warning

ADDITIONAL SOFTWARE

With respect to any additional software that may be made available by VETport LLC in connection with the Service, if you elect to download or access such additional software or third party Content made available to through the Service, you understand that you may have to agree to additional terms and conditions before you use such software or third party Content.

You also agree that the use of any third party software or Content obtained through the Service does not transfer to you any rights, title or interest in or to the software or such Content, and that you will not use any Content made available to you through the software or the Service except as expressly authorized under that third party provider's terms of service or license. For greater certainty, by downloading software or Content made available through the Service, you are deemed to agree to the terms of service or license AGREEMENT posted on the Service, the terms of which are incorporated by reference herein for the benefit of such third party providers. If you do not agree to the terms of service or license AGREEMENT, do not download the software or Content.

INTERNATIONAL USE

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

INTELLECTUAL PROPERTY OWNERSHIP, COPYRIGHT PROTECTION

The Software and any authorized copies that you make are the intellectual property of and are owned by VETport LLC . The structure, organization and code of the Software are the valuable trade secrets and confidential information of VETport LLC . The Software is protected by law, including without limitation the copyright laws of the United States and other countries, and by international treaty provisions. Except as expressly stated herein, this AGREEMENT does not grant you any intellectual property rights in the Software and all rights not expressly granted are reserved by VETport LLC.

TERM

This license will become effective on the date you acquire the Software or start using the Software as a Service("SAAS") and will remain in force until terminated. If installed locally you may terminate the license at any time by removing the Software from your computer and destroying the original Software and all copies. If VETport is provided as Software as a Service("SAAS") you may terminate the service and this license by request to support@vetport.com. This license will automatically terminate if you breach any of the terms or conditions set out in this License AGREEMENT. You agree to remove the Software from your computer, and to destroy the original Software and all copies of the Software if installed locally.

TRANSFER

You may transfer your license of the Software to another party by transferring the original program media and all applicable documentation, including this License AGREEMENT, to the recipient, who agrees to the terms of this AGREEMENT. All other copies of the Software must be deleted and/or destroyed. Any transfer of possession of the Software terminates your license and all associated benefits under this License AGREEMENT. You must notify VETport LLC in writing or by email of such transfer.

RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Software or Service, use of the Software as a Service("SAAS") Version of VETport, or access to the Software as a Service("SAAS") Version of VETport without the express written permission by VETport LLC.

BACKUP COPY

You may make one copy of the Software if installed locally solely for backup or archival purposes.

UPDATES

If the Software is an Update to a previous version of the Software, you must possess a valid license to such previous version in order to Use such Update. All Updates are provided to you on a license exchange basis. You agree that by Using an Update you voluntarily terminate your right to use any previous version of the Software. As an exception, you may continue to Use previous versions of the Software on your Computer if installed locally after you Use the Update buy only to assist you in the transition to the Update, provided that: (a) the Update and the previous versions are installed on the same computer; (b) the previous versions or copies thereof are not transferred to another party or Computer unless all copies of the Update are also transferred to such party or Computer; and (c) you acknowledge that any obligation VETport LLC may have to support the previous versions of the Software may be ended upon availability of the Update.

CANCELLATION AND TERMINATION of the Software as a Service("SAAS") Version of VETport

If you cancel the Software as a Service("SAAS") Version of VETport, your cancellation will take effect immediately. After cancellation, you will no longer have access to your VETport Site and all information contained therein may be deleted by VETport LLC. VETport LLC accepts no liability for such deleted information or content. You are solely responsible for archiving data and medical records prior to cancellation of service. You agree that VETport LLC shall not be liable to you or any third-party for any termination of your access to the Service.

GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that VETport LLC may establish general practices and limits concerning use of the Online Service Version(SAAS) and may modify such practices and limits from time to time without notice to you.

ONLINE AVAILABILITY OF Software as a Service("SAAS") Version of VETport

VETport maintains its server in an enterprise class data center. The data center and VETport LLC may from time to time require maintenance windows which will require your VETport instance to come offline. You will be advised in advance of such maintenance windows whenever possible.

SAAS SERVICE COMMITMENT

Service commitment applies only to the hosted Software as a Service and not to versions installed locally at your location. VETport will use commercially reasonable efforts to make The Software as a Service(SAAS) available with an Annual Uptime Percentage (defined below) of at least 99.75% during the Service Year. In the event The Software does not meet the Annual Uptime Percentage commitment, you will be eligible to receive a Service Credit as described below.

Definitions for Service Commitment:

“Service Year” is the preceding 365 days from the date of an SLC claim.

“Annual Uptime Percentage” is calculated by subtracting from 100% the percentage of 15 minute periods during the Service Year in which The Software was in the state of “Unavailable.” If you have been using The Software for less than 365 days, your Service Year is still the preceding 365 days but any days prior to your use of the service will be deemed to have had 100% Availability. Any downtime occurring prior to a successful Service Credit claim cannot be used for future claims. Annual Uptime Percentage measurements exclude downtime resulting directly or indirectly from any software SLC Exclusion (defined below).

“Demarcation Point or Points” means the point at which VETport LLC technical staff manages and maintains control of the cloud based servers and caravan instance(s) serving you and EXCLUDES loss of connectivity due to any 3rd party servers, Your Servers, networks, broadbands,, any and ALL points on the internet not directly under the control of VETport LLC, and as further described in SLC Exclusion (below).

“Unavailable” and “Unavailability” means that The Software is not available at the demarcation point or points for a period of 15 minutes or greater.

The “Eligible Credit Period” is a single month, and refers to the monthly billing cycle in which the most recent Unavailable event included in the SLC claim occurred.

A “Service Credit” is a dollar credit, calculated as set forth below, that we may credit back to your account.

VETport Service Commitments and Service Credits

If the Annual Uptime Percentage for VETport Software drops below 99.75% for the Service Year, Your are eligible to receive a Service Credit equal to 30% of your monthly Hosted Subscription fee only (excluding one-time payments made for other services such as data imports, training and other services) for the Eligible Credit Period. To file a claim, You do not have to wait 365 days from the day you started using the service or 365 days from your last successful claim. You can file a claim any time the Annual Uptime Percentage over the trailing 365 days drops below 99.75%.

VETport will apply any Service Credits only against future software payments otherwise due from you. Service Credits shall not entitle you to any refund or other payment from VETport. your sole and exclusive remedy for any unavailability or non-performance of The Software or other failure by VETport to provide The Software is the receipt of a Service Credit (if eligible) in accordance with the terms of this SLC or termination of your use of The Software.

Credit Request and Payment Procedures

To receive a Service Credit, You must submit a request by sending an e-mail message to support@VETport.com, include, in the body of the e-mail, the dates and times of each incident of Unavailability that you claim to have and be received by VETport within thirty (30) business days of the last reported incident in the SLC claim. If the Annual Uptime Percentage of such request is confirmed by VETport and is less than 99.75% for the Service Year, then VETport will issue the Service Credit to you within one billing cycle following the month in which the request occurred. Your failure to provide the request and other information as required above will disqualify you from receiving a Service Credit.

The Software SLC Exclusions

The Service Commitment does not apply to any unavailability, suspension or termination of The Software caused by factors outside of VETports reasonable control, including any force majeure event or Internet access or related problems beyond the demarcation point of The Software; (i) that result from any actions or inactions, omission, negligence, failure of you (or anyone acting on behalf of you) or any third party; (ii) that result from your equipment, software or other technology and/or third party equipment, software or other technology; (iii) arising from VETports suspension and termination of your right to use The Software in accordance with the VETport AGREEMENT (collectively, “The Software SLC Exclusions”). If availability is impacted by factors other than those explicitly listed in this AGREEMENT, VETport may issue a Service Credit considering such factors it VETport's sole discretion.

WARRANTIES AND DISCLAIMERS

Mutual Warranties. Each party warrants that (i) it has the right and power to enter into this AGREEMENT, and (ii) it will comply with any applicable laws and regulations pertaining to this AGREEMENT.

VETPORT DISCLAIMER OF WARRANTIES

EXCEPT AS PROVIDED FOR IN "SAAS SERVICE COMMITMENT" OF THIS AGREEMENT THE SOFTWARE IS FURNISHED “AS IS”, “AS AVAILABLE”, AND WITH ALL FAULTS. VETPORT MAKES, AND YOU RECEIVE, NO WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR IN ANY COMMUNICATION WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VETPORT DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, OR ANY WARRANTY THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU EXPRESSLY ASSUME ALL RISK RESULTING FROM SUPPORT SERVICES (WHETHER PERFORMED IN WHOLE, IN PART OR NOT AT ALL), OR FROM ANY VIRUS, DOWNLOADED MATERIAL, HARMFUL COMPONENT, OR THROUGH ANY INTERNET USE RESULTING FROM OR RELATING TO YOUR USE OF THE SOFTWARE OR ANY SITE OR SERVER THROUGH WHICH THE SOFTWARE IS AVAILABLE. YOU SHALL BE SOLELY RESPONSIBLE FOR THE ACCURACY AND TRANSMISSION OF ALL DATA ENTERED, ANY DAMAGE THAT RESULTS FROM OR IS ASSOCIATED WITH USE OF THE SOFTWARE.

LIMITATION OF LIABILITY

THE LIMITATION OF LIABILITY IS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT SHALL VETPORT BE LIABLE FOR ANY DAMAGES, WHETHER ARISING IN CONTRACT, TORT OR OTHERWISE AND INCLUDING, WITHOUT LIMIT, ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OR CORRUPTION OF BUSINESS INFORMATION OR OTHER DATA, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR THE FAILURE TO PROVIDE FULL OR ADEQUATE SUPPORT SERVICES, EVEN IF VETPORT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE THAT THE HOSTED SUBSCRIPTION FEE OR LICENSE FEE AMOUNT REFLECTS THIS ALLOCATION OF RISK. IN ANY CASE, THE ENTIRE LIABILITY OF VETPORT UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO THE GREATER OF THE HOSTED SUBSCRIPTION FEE AMOUNT ACTUALLY PAID BY YOU DURING THE ONE MONTH PRECEDING THE DAMAGE INCIDENT OR ONE THOUSAND U.S. DOLLARS ($1,000).

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY ARE MATERIAL TERMS OF THIS AGREEMENT. YOU AGREE THAT THE PROVISIONS IN THIS AGREEMENT THAT LIMIT LIABILITY ARE ESSENTIAL TERMS OF THIS AGREEMENT.

EXCLUSIONS AND LIMITATIONS

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to You. IN THESE STATES, VETPORT’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

OTHER TERMS AND CONDITIONS

You agree to install this software ONLY on a computer that you own or on a computer which you have been given explicit permission to install. You agree to NOT install this software on any computer you do not own or on any computer you have not been given explicit permission to install.

You acknowledge that VETport LLC periodically registers the Software with its license server by electronic transfer of information via the internet to the VETport LLC license server. This information transfer is done to register the Software and to collect system specific information for supporting you and to send you information regarding the product. VETport LLC acknowledges that the information collected to support you is confidential and will not be distributed to any third party.

GENERAL

This AGREEMENT will be governed by the laws of the United States of America and the State of Ohio. The failure of VETport LLC to exercise or enforce any right or provision of the License shall not constitute a waiver of such right or provision. The License constitutes the entire AGREEMENT between you and VETport LLC and governs your use of the Software or Software as a Service(SAAS), superseding any prior AGREEMENTs between you and VETport LLC (including, but not limited to, any prior versions of the License).You also may be subject to additional terms and conditions that may apply when you use third-party content or third-party software. If any provision of the License or incorporated documents are found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the License remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Software, Service or the License must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Acknowledgement to Open Source Third Party Controls used in VETport:

1) VETport uses Software listed below licensed under the terms of the GNU General Public License.

Licensed under the GNU GENERAL PUBLIC LICENSE License (the "License"); you may not use these files except in compliance with the License. You may obtain a copy of the License at: http://www.gnu.org/copyleft/gpl.html

Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License.

2) VETport uses HTMLDOC

Copyright © 1997-2008 by Easy Software Products. HTMLDOC and DOC are the trademark property of Easy Software Products. HTMLDOC is free software; you can redistribute it and/or modify it under the terms of the GNU General Public License as published by the Free Software Foundation.

Licensed under the HTMLDOC License (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License

at: http://www.htmldoc.org/documentation.php/AppendixALicenseAGREEMENT.html#LICENSE

3) VETport uses ImageMagick

Licensed under the ImageMagick License (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License

at: http://www.imagemagick.org/script/license.php

4) VETport uses Pdf417Lib

Licensed under the Pdf417Lib License (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License

at: http://read.pudn.com/downloads71/sourcecode/graph/258710/pdf417lib-c-0.91/pdf417lib.h__.htm

5) VETport uses CURL

Licensed under the CURL License (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License

at: http://curl.haxx.se/docs/copyright.html

6) VETport uses 7z-Zip

Licensed under the 7z-Zip License (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License

at: http://www.7-zip.org/license.txt

7) VETport uses Stunnel

Licensed under the Stunnel License (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License

at: http://stunnel.mirt.net/?page=license

8) VETport uses Whizzywig Editor

Licensed under the Whizzywig Editor License (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at: http://www.unverse.net/whizzery/licence-gpl.txt