Last Updated 10/28/2005

By proceeding to the registration page for SurveyPopups Service(s) as described herein, you are agreeing to the following terms and conditions and are becoming a "party" to this Agreement with Emergency Twenty Four, Inc. (EM24).

1. EM24 owns and operates a survey generating website services known as SurveyPopups.com (SP). Visit http://www.SurveyPopups.com for a full description of the service(s) offered.  SP provides the user the capability of creating and using website surveys. 
2. To use the SP service(s) you must be at least eighteen (18) years of age or be a minor over the age of thirteen (13) with parental permission.
3. Surveys and their results are provided for entertainment only and are subject to errors and inaccuracies.  Although the system is designed to limit one unique user to one response for a period of time, such an outcome cannot be guaranteed.  Survey results may be skewed for a variety of reasons, including without limitation the group of users targeted.
4. You understand that the service provided is "as is."  There may, among other things, be: inaccuracies in data,  unexpected downtimes, loss of data, or interruptions of service. SP is not obligated to monitor the service, but may do so and may remove or edit any survey or adjust the settings of your account.  Any URLs assigned to you and/or your survey(s) belong to SP and not to you and are not guaranteed to be available for any period of time.
5. Individuals or organizations that promote or use spamming (unsolicited bulk e-mail) or methods thereof are not allowed to create a SP account.  Any reported incident of spamming, or any form of unsolicited e-mail or newsgroup posting that includes a link to or references your SP survey, may result in IMMEDIATE termination of your SP account and ban you from registering for any future SP service(s).  Furthermore, you may not include a SP survey in ANY e-mail message including but not limited to e-mail newsletters.  You may not solicit participants or viewers of your survey(s) by any means of e-mail communication. 
6. SP SHALL NOT BE RESPONSIBLE FOR ANY DAMAGES YOU MAY SUFFER AS A RESULT OF SUCH INTERRUPTIONS OR DATA LOSSES, DENIAL OF SERVICE, TERMINATION OF SERVICE, OR OTHERWISE AS A RESULT OF YOUR USE OR INABILITY TO USE THE SERVICE, INCLUDING WITHOUT LIMITATION THE LOSS OF BUSINESS, REVENUE, ASSETS, TIME, OR GOODWILL.  EM24 AND SP HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS, IMPLIED OR STATUTORY, RELATING TO ITS SERVICE(S) AND RESULTS, INCLUDING WITHOUT LIMITATIONS IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR USE.
7. Any of your surveys and the associated data may be removed from your account at SP's discretion for inactivity.  Ordinarily, this will occur if your survey has not received a response in a 30-day period. 
8. You agree to subscribe to the SurveyPopups.com Newsletter that, in addition to other content, will provide you with notices of: account changes, scheduled downtimes, and/or new features of the service(s).
9. You agree and understand that SP will place advertisements on the surveys you create. It is SP's sole discretion as to the type of ad content, how many ads appear on the survey, and the form of the ad. 
10. You agree that SP has the unilateral authority and right at its sole discretion to limit the subject matter of any survey. You agree that without warning SP can at its sole discretion and for any reason remove your survey(s) and account access privileges.  SP reserves the right to refuse service to anyone, for any reason, at any time.
11. The following categories or subject matters are examples of survey topics that will not be allowed or will be removed when found:
1. Racist or Racism
2. Hatred
3. Violence
4. Harassment
5. Adult content
6. Obscene Material
7. Nudity or pornography
8. Material that infringes on intellectual property or other proprietary rights of any third party
9. Illegal MP3
10. Material, the posting of which is tortuous or violates a contractual or fiduciary obligation the user or EM24 owes to another party
11. Piracy, hacking, viruses, worms, or warez
12. Any illegal content
13. Any link to or any image from a site containing any material outlined in these restrictions

SP reserves the right to add to the list above at any time and at its sole discretion.  In addition, you agree that you will not use SP services if your website contains any "content" described above.
12. You agree to indemnify, defend and hold EM24 and SP, their successors, officers, directors and employees harmless from any and all actions, causes of action, claims, demands, costs, liabilities, expenses (including reasonable attorneys' fees) and damages arising out of or in connection with any claim relating to your use of the SP service(s), your website, or your product(s) or service(s). 
13. The laws of the State of Illinois shall govern this Agreement.
14. If any provision of this Agreement shall be held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of this Agreement shall remain in full force and effect.
15. This Agreement constitutes the final, complete and exclusive agreement between the parties with respect to the subject matter hereof, and supersedes any prior or contemporaneous agreement, either written or oral.