Before you install and use the PeerFolders application, you must read and agree to these PeerFolders Terms of Use, and the following terms, conditions and policies from JYK Technologies, including any future amendments (collectively, the "Agreement"):

•  JYK Technologies Terms of Service – General terms and conditions (section 2)

•  JYK Technologies Program Policies – Guidelines for using PeerFolders (section3)

PeerFolders application is distributed by JYK technologies.

You should visit the PeerFolders site http://www.peerfolders.com/termsofuse.html periodically to review the terms.

JYK Technologies may, in its sole discretion, modify or revise these terms and conditions at any time, and you agree to be bound by such modifications or revisions. If you do not accept and abide by this Agreement, you may not use the PeerFolders application. Nothing in this Agreement shall be deemed to confer any third party rights or benefits.

1.  TERMS OF USE

1.1  Description of Service. PeerFolders is a freeware from JYK Technologies, to synchronize, transmit, or distribute information or data across different PCs connected to the Internet or the same LAN (the "Service"). You understand and agree that the Service is provided on an AS IS and AS AVAILABLE basis. JYK Technologies disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Service. JYK Technologies also reserves the right to modify, suspend or discontinue the Service with or without notice at any time and without any liability to you.

1.2  Personal Use. The Service is made available to you for your personal use only. Due to the Children's Online Privacy Protection Act of 1998 (which is available at http://www.ftc.gov/ogc/coppa1.htm), you must be at least thirteen (13) years of age to use this Service. You must provide current, accurate identification, contact, and other information that may be required as part of the registration process and/or continued use of the Service. You are responsible for maintaining the confidentiality of your Service password and account, and are responsible for all activities that occur there under. JYK Technologies reserves the right to refuse service to anyone at any time without notice for any reason.

1.3  Proper Use. You agree that you are responsible for your own information or data and for any consequences thereof. Your use of the Service is subject to your acceptance of and compliance with the Agreement, including the PeerFolders Program Policies (" Program Policies "), located at section 2, or such other place as JYK Technologies may provide from time to time. You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of information or data exported from your country of residence. You shall not agree to, and shall not authorize or encourage any third party to: (i) use the Service to synchronize, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable; (ii) synchronize, transmit or otherwise distribute content that infringes upon another party's intellectual property rights or other proprietary, contractual or fiduciary rights or obligations; (iii) prevent others from using the Service; (iv) use the Service for any fraudulent or inappropriate purpose; or (v) act in any way that violates the Program Policies, as may be revised from time to time. Violation of any of the foregoing may result in immediate termination of this Agreement, and may subject you to penalties and other legal consequences. JYK Technologies reserves the right, but shall have no obligation, to investigate your use of the Service in order to determine whether a violation of the Agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request.

1.4  Content of the Service. JYK Technologies takes no responsibility for third party content (including, without limitation, any viruses or other disabling features), nor does JYK Technologies have any obligation to monitor such third party content. JYK Technologies reserves the right at all times to remove or refuse groups from the presence server that synchronize transmit or distribute any content with the Service, such content being in violation with the terms of this Agreement. JYK Technologies also reserves the right to remove or refuse groups from the presence server to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues (including, without limitation, the filtering of spam), (d) respond to user support requests, or (e) protect the rights, property or safety of JYK Technologies, its users and the public. JYK Technologies will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement.

1.5  Intellectual Property Rights.

1.5.1  JYK Technologies Intellectual Property Rights. You acknowledge that JYK Technologies owns all right, title and interest in and to the Service, including without limitation all intellectual property rights (the "JYK Technologies Rights "), and such JYK Technologies Rights are protected by French and international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service. The JYK Technologies Rights include rights to (i) the Service developed and provided by JYK Technologies; and (ii) all software associated with the Service. The JYK Technologies Rights do not include third-party content used as part of Service, including the content of communications appearing on the Service.

1.5.2  Your Intellectual Property Rights. JYK Technologies does not claim any ownership in any of the content, including any text, data, information, images, photographs, music, sound, video, or other material, that you synchronize, transmit or distribute with the PeerFolders application. We will not use any of your content for any purpose except to provide you with the Service.

1.6  Representations and Warranties. You represent and warrant that (a) all of the information provided by you to JYK Technologies to use the Service is correct and current; and (b) you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder.

1.7  Publicity. Any use of JYK Technologies trade names, trademarks, service marks, logos, domain names, and other distinctive brand features (" Brand Features ") must be in compliance with this Agreement.

1.8  Termination, Cancellation. You may cancel your use of the Services and/or terminate this Agreement with or without cause at any time. JYK Technologies may at any time and for any reason terminate the Service, terminate this Agreement. In the event of termination, you will not be entitled to use the Service anymore. Sections 1.3, 1.4, 1.5, 1.8, 1.9, and 1.10 of the Agreement, along with applicable provisions of the JYK Technologies Terms of Service as detailed in section 2 (including the section regarding limitation of liability), shall survive expiration or termination.

1.9  Indemnification. You agree to hold harmless and indemnify JYK Technologies, and its subsidiaries, affiliates, officers, agents, and employees from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature.

1.10  Choice of Law; Jurisdiction. These Terms of Use will be governed by and construed in accordance with the laws of France, without giving effect to its conflict of laws provisions or your actual state or country of residence. Any claims, legal proceeding or litigation arising in connection with the Service will be brought solely in Paris, France, and you consent to the jurisdiction of such courts.

2  JYK TECHNOLOGIES TERMS OF SERVICE

By using JYK Technologies PeerFolders application ("JYK Technologies Service"), you agree to be bound by the following terms and conditions (the "Terms of Service").

2.1  Personal Use Only. The JYK Technologies Service is made available for your personal, non-commercial use only. You may not use the JYK Technologies Service to sell a product or service. If you want to make commercial use of the JYK Technologies Service, you must enter into an agreement with JYK Technologies to do so in advance. Please contact JYK Technologies for more information.

2.2  Changes in Terms and Conditions of JYK Technologies Service. JYK Technologies may modify or terminate its service from time to time, for any reason, and without notice, including the right to terminate with or without notice, without liability to you, any other user or any third party. We reserve the right to modify these Terms of Service from time to time without notice. Please review these Terms of Service from time to time at the following web site http://www.peerfolders.com/termsofuse.html , so that you will be apprised of any changes.

2.3  Disclaimer of Warranties. JYK Technologies disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or data synchronized, transmitted, or distributes through the JYK Technologies Service. JYK Technologies disclaims any responsibility for the deletion, failure to store, non-delivery, or untimely delivery of any information or data. JYK Technologies disclaims any responsibility for any harm resulting from accessing any information on the Internet through the JYK Technologies Service.

THE JYK TECHNOLOGIES SERVICE, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE JYK TECHNOLOGIES SERVICE ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. JYK TECHNOLOGIES AND ITS LICENSORS EXPRESSLY DISCLAIM 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, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. JYK TECHNOLOGIES AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE JYK TECHNOLOGIES SERVICE. JYK TECHNOLOGIES AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE JYK TECHNOLOGIES SERVICE. JYK TECHNOLOGIES AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR INFORMATION OR ADVICE RECEIVED THROUGH THE JYK TECHNOLOGIES SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE JYK TECHNOLOGIES SERVICE.

YOU UNDERSTAND AND AGREE THAT YOU OBTAIN INFORMATION OR DATA THROUGH THE USE OF THE JYK TECHNOLOGIES SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE RECEPTION OF SUCH INFORMATION OR DATA.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

2.4  Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL JYK TECHNOLOGIES OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE JYK TECHNOLOGIES SERVICE. ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF JYK TECHNOLOGIES OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE JYK TECHNOLOGIES SERVICE, FROM INABILITY TO USE THE JYK TECHNOLOGIES SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE JYK TECHNOLOGIES SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES RECEIVED THROUGH ANY LINKS PROVIDED IN THE JYK TECHNOLOGIES SERVICE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE JYK TECHNOLOGIES SERVICE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE JYK TECHNOLOGIES SERVICE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE JYK TECHNOLOGIES SERVICE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Without limiting the foregoing, under no circumstances shall JYK Technologies or its licensors 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.

2.5  Miscellaneous Provisions. These Terms of Service will be governed by and construed in accordance with the laws of the France, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect.

These Terms of Service constitute the entire agreement between the parties 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 Service will be effective only if in writing and signed by JYK Technologies.

3  JYK TECHNOLOGIES PROGRAM POLICIES

To uphold the quality and reputation of JYK Technologies, your use of the PeerFolders application is subject to these program policies. If you are found to be in violation of our policies at any time, as determined by JYK Technologies in its sole discretion, we may warn you or suspend or terminate your license to use the PeerFolders application.

Please note that we may change our policies at any time, and pursuant to our Terms of Use, it is your responsibility to keep up-to-date with and adhere to the policies posted here.

3.1  Prohibited Actions. In addition to (and/or as some examples of) the violations described in Section 1.3 of the Terms of Use, users may not:

3.1.1  Synchronize, transmit, distribute or disseminate or offer to do the same with respect to any unlawful, defamatory, harassing, abusive, fraudulent, infringing, obscene, or otherwise objectionable content

3.1.2  Intentionally distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature

3.1.3  Illegally transmit another's intellectual property or other proprietary information without such owner's or licensor's permission

3.1.4  Use the PeerFolders application to violate the legal rights (such as rights of privacy and publicity) of others

3.1.5  Interfere with other PeerFolders users' enjoyment of the Service

3.1.6  Sell, trade, resell or otherwise exploit for any unauthorized commercial purpose or transfer the PeerFolders application

3.1.7  Modify, adapt, translate, or reverse engineer any portion of the PeerFolders application

3.1.8  Remove any copyright, trademark or other proprietary rights notices contained in or on the PeerFolders application

3.1.9  Reformat or frame any portion of the web pages that are part of the PeerFolders application and site

3.1.10  Use the PeerFolders application in connection with illegal peer-to-peer file sharing

3.2  Security. You must promptly notify JYK Technologies of any breach of security related to the PeerFolders application.