The Small Print Project                            

A collaborative document of experiences with agreements in the digital age.

ReasonableAgreement.org



Welcome to ReasonableAgreement.org — where we make mincemeat of End User License Agreements. As you move through space, as you look at the Web, when you buy things, when you travel, it’s increasingly the case that you end up making “agreements” to give up your rights. For example, by installing software, you might give up the right to sue the company that made it if it didn’t work. Or by subscribing to an online music service, you might give up your right to loan the songs you buy to a friend. When you install a game like World of Warcraft, you agree to install spyware on your computer. When you sign your credit-card slip at Best Buy or Fry’s, you waive all kinds of rights you get under consumer protection law.

Who knows if this stuff is enforceable? The case law is all over the place. What if you’re under-age? Drunk? Using someone else’s computer — do you agree on your parents’ behalf when you install software at their place over the holidays?


Frankly, it’s all bullshit. The way the system should work is, you buy something, you own it. The law of the land governs your interactions with the seller. What’s the point of having a consumer-protection law if all it takes to get around it is to announce that you’ve agreed to waive your rights by buying something? If consumer protection laws don’t protect people who buy stuff, whom do they protect?

That’s not to say that we can’t have reasonable agreements — like when you and your boss sit down and draw up your employment contract, negotiating the terms on which you’ll work. But the idea that an agreement can be made by shouting, “By standing there doing nothing, you agree to let me stab you in the eye!” is just dumb.

Enter the anti-EULA. Here’s the text of it:

READ CAREFULLY. By [accepting this material|accepting this payment|accepting this business-card|viewing this t-shirt|reading this sticker] you agree, on behalf of your employer, to release me from all obligations and waivers arising from any and all NON-NEGOTIATED agreements, licenses, terms-of-service, shrinkwrap, clickwrap, browsewrap, confidentiality, non-disclosure, non-compete and acceptable use policies (“BOGUS AGREEMENTS”) that I have entered into with your employer, its partners, licensors, agents and assigns, in perpetuity, without prejudice to my ongoing rights and privileges. You further represent that you have the authority to release me from any BOGUS AGREEMENTS on behalf of your employer.


Put this at the bottom of your emails; print it on your stationery. Stick it on the bottom of the credit-card slips at Best Buy, put it on your warranty cards before you mail them off. Print them on the back of your business-cards.

It’s no more enforceable than any of the other dumb-ass, abusive agreements out there, but this one works for you. It’s time to stop “agreeing.” It’s time to come up with some real, reasonable agreements.

[EDIT 10/2011: Stickers and T's no longer available] The good people at Bumperactive have printed up stickers — receipt-sized, laptop-sized and bumper-sized — and MondoTees have t-shirts (“BY READING THIS T-SHIRT, YOU AGREE…”). I don’t make any money off of this, and part of every sale goes to the Electronic Frontier Foundation, a charity that sticks up for your rights.

There’s no copyright in any of this. Make your own shirts, sell ‘em or give them away. Stickers, stationery, window-signs, door-knockers, welcome-mats — whatever. Do it, make as much dough as you can, just spread it around.

Buy stickers

Buy t-shirts

Submit abusive EULAs to the Small Print Project

(Thanks to Steve Simitzis and Cory Doctorow for this great idea)!

* Comments(385)

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  • howard bales

    I have two ideas to further this cause.

    First, develop a small application that you run before installing software or clicking on a term of service. This app contains the anti-eula. Place this window over the offending EULA and click accept. In V2.0 you could tell the app where to click, and the app could force input for you. You click the ‘DISagree’ button on your app, and it pushes the accept button.

    The second idea is more powerful, and more work. Develop benchmark EULAs for various types of agreements. Offer these to the businesses that need EULAs. Rank EULAs so people can choose products with better ToS. Use the DISagree app to insert a user-selectable reasonable agreement. Offer a service to track the DISagreements that people make. If I get sued, I have documentation that I didn’t agree. If lots of people DISagree, the cause gains power.

  • skitter

    Love the shir t:-)

    I’d like to see an “admittance-wrap” version that hinges on allowing you to enter the premises of a store or venue–even if they make you take off the shirt upon seeing it–so that the shirt does not have to be read to be “valid.”

  • Commons

    Applying Work for Hire Laws
    ===============================

    http://en.wikipedia.org/wiki/Work_for_hire

    Most software companies are misusing the “Work for Hire” and copyright laws. Work for Hire laws are indented for companies to hire people to create artistic work or software for their own use, it is not intended for companies to resell the software created on “Work for Hire”.

    To resell an artistic work as per copyright laws, entity selling copyright should pay royalty for each copy to the author of the work. If software companies are not paying author/s of software for every copy sold then the software buyer “automatically” gets the right to make copies and resell them, because the software buyer is essentially buying software as “Work for Hire” form the software publisher since same work for hire and copyright laws applies for the “software publisher” as well as the “software buyer” isn’t it?

    For the software publisher to get the “right” for resale they should pay royalty to software author/s for each copy of the software sold as per the present copyright laws.

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  • ianrey

    I think it would be even better – and more in line with sinister EULA’s I’ve seen – not to print the details in your own anti-EULA, but just to refer to it. “By accepting my payment for your software, you agree that you have read my terms and conditions at reasonableagreement.org.”

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  • http://360.yahoo.com/kembot3 Mike

    I added it to my email sig… really cool! :)

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  • http://wtfwasithinking.org unl33t

    I’m thinking that i’ll be using this as a sig and as an motd on my linux workstation.

    now if only i could convince the admins to put it on the servers.

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  • ericsongs

    Hmmmmm….. would it be alright to have my personal checks imprinted with this “anti-EULA” agreement???
    (I’m kinda tired of that sunset-scene anyway!)

  • anonymous

    Couldn’t it simply say “By existing, you agree…”?

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  • http://esylife.wordpress.com Theo Tonca

    I love what you guys are doing. I’m gonna add it to my emails, keep it up :)

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  • JM

    Since I can get checks printed with what ever I like, pictures of cats and stuff, how about a check with this printed on the back?

    God it’s got to be legal! It’s the same thing the phone companies do. “By cashing this check for $5.00 you agree to switch your long distance to ATT scam for ever co.”

  • ssimon

    This is very clever. I do like the idea of attaching it to the check I send the cable company every month. I have a feeling a lawyer would call and tell me to stop. Or they’d just turn off the cable.

    Has there been any experience where the kid at Best Buy called over the manager and then refused to sell you whatever it was?

  • http://www.analogartsensemble.net woyzeck

    nice, a lot of the big stores dont even have you sign cc slips anymore, just the electronic thing. Then where can we stick these? Force it into the hands of the clerk? I like the check idea, did your bank let you do it?

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  • Dominic

    Cool Idea! I think I;ve found my new sig :)

    I like the shirt. I almost bought one, but the part about having read the agreement put me off. I would totally buy one if it said something like “By seeing this shirt you agree to be bound by…”

  • http://simonjargonmaster.com Simon Sharwood

    What about this:
    READ CAREFULLY: By reading this email, you agree to give me one million dollars whenever I ask for it. And I can do whatever I want with your stuff, forever.

  • chris young

    i think this is a wonderful thing you are doing. read the fine print was never more imperitive than it is on the net. please excuse poor grammer , i/m not really not dummy just a lousy typist

  • Disclaimer Exploiter

    I’ve been sticking made up agreements on the bottom of emails for a while now. Recently I had to contact HP about a hard drive that had died in a newish computer, and they wanted my email address. I grudgingly gave them an address (unique, of course), and got them to confirm it wouldn’t be used for anything apart from this one support issue. Well, they started spamming it. I sent back a right rant, with a long list of things they have to do (the UK data protection act is good in some respects), along with the following bolted onto the end of the email. I never heard a peep out of them again!

    “Disclaimer. Acceptance by the recipient’s mail server to this message is acceptance of these terms by the recipient, as is any reply (including any “auto-response”). Each and every further communication to/cc/bcc any [mydomain] address will be charged an administrative fee of £1000 (one thousand pounds sterling) by the email administration. Any terms on the ends of your emails are invalidated and over ruled by these terms. Attachment or inclusion of any type of “disclaimer” is acceptance of this, and this disclaimer is final (i.e. cannot be overridden or invalidated). [My vanity domain pretending to be a real organisation]‘s decision is final over any matter, and you may not sue or take any legal action over future or past communications/contact.”

  • HarryChiling

    It would be awesome to include some sort of arbitration agreement where they cover all costs of lawyers, courts fees, and/or arbitration.

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  • http://best-resale-deal-ever.com/ Art Luff

    Having sold many Resale Rights products and paying extra for the liscense agreement, I wonder how legally binding these agreements are.

    Art

  • http://www.ordecon.com/ Ivan Stojic

    I agree! I agree with all agreements! I must agree! Agree, agree, agree!

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  • htb

    > The way the system should work is,
    > you buy something, you own it.

    This is unbelievably simplistic. How would you apply this to telephone service? You paid your bill last month, so you own the copper between your office and the CO?

    What people don’t seem to grasp is that you are NOT BUYING most kinds of software. You’re buying a *limited right to use* most software. You no more own most commercial software than you own the phone company.

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  • http://www.madamechao.com/w/xxiii/code/legal/terms.html madame chao

    Here is a an example of the ‘tin-foil hat’ community’s reaction to this phenomenon…

    http://www.madamechao.com/w/xxiii/code/legal/terms.html

    It is arguable which is more disturbing, the audacity of the offending EULA’s or the resulting dementia it has inflicted on this site’s author.

  • http://tigerbright.livejournal.com tigerbright

    I found this via my friend Jeff, and posted his version of the text to my LJ info page. (SixApart decided that they would let users flag other users’ posts/journals as porn, hate speech, etc. – *without* letting said user know till the journal had been suspended.)

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  • notbsd.org

    Interestingly enough, I was able to get out of an abusive mobile phone contract by sticking a few of these stickers on the contract. The collections agency didn’t know what to do after I told them that the contract was void and showed them the stickers, and so they dropped my case.

    Thanks!

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  • http://www.deathboy.co.uk Scott

    Awesome stuff!

    I hope you won’t take offence at the criticism, but some of your images would benefit hugely from being GIFs instead of JPGs, as they’re non-photographic, but have suffered from the compression. [/patronising]

  • defaria

    “Who knows if this stuff is enforceable?” I know. It’s not. And cluttering up signatures with long winded irrelevant content only furthers the problem. I will not use such crap in my sigs…

  • http://www.a-albionic.com Josh Login

    Yeah, while we are on the subject, what’s up with this-
    LEGALWISE…not right is it…?

    “SOMETHING TO TEXT ABOUT” (Nokia/ATT)

    more ‘contracts’? 1-888-567-8688

    http://www.att.com/fiftyback

    ‘$50 CASH’ + “Opt Out” + “Prescreened” =…”CRIME?”

    WHAT IS ALL THIS ABOUT IF NOT SLAVERY CONDONED BY GOVT?

  • http://www.a-albionic.com Josh Login

    the ‘Captcha’ (another ‘scare-tactic!)for my comments above; was

    “about emigrated”

    and this one? “…’rail’ Watson!” (I kid you not!)

  • http://www.a-albionic.com Josh Login

    and here is the ‘pay-off’! “CAPTCHA”…’to prove you are not ROBOT-WARE…right? “…not to SCARE you or nuthin’”….

    injured Herbst

    I think that proves our contention

    CAPTCHA has long been seen as an INSULT to LIBERTY!

    PS! They just ‘changed it!’ OK here is new ‘random’ Message

    Neighbors Chandler

    alot can be ‘derived’ from that gem! REALLY! Anyway-can’t EFF or someone sue the pants off of CAPTCHA. Understand it is created in VENUZUELA for the OIL COMPANIES?

  • http://www.a-albionic.com Josh Login

    WHAT ELSE CAN I SAY….CAPTCH is NOW….

    “POLICEMAN ABOARD!”

    Come on! GET RALPH NADERS GROUP AND SUE CARNEGIE MELLON FOR
    treason as it is employing someone who has not been VETTED
    (ie a FOREIGNER! YES! THIS “GENIUS” IS A SICK-BIRD! SORT OF “RENDITION” TO YOUR COMPUTER! GET IT? COME ON!)

    This Letter and All Contents Copyright 2008 Carson Omagh

    ALL RIGHTS RESERVED

    …………….ie NO FAIR USE

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  • http://www.catskillcommentator.com Al Czervic

    Great post!

    Remember, folks:

    The Large Print Giveth, the Small Print Taketh Away.

    Al Czervic
    Editor
    The Catskill Commentator
    http://www.catskillcommentator.com

  • http://bloggerjohn2.bravejournal.com/ John Green

    Hi,
    What a classic. For years these managerial morons have put us through agreeing to this crap as a means to proceed, like having a gun to our heads.
    But you forget the snag for the common user – they have the power to insert the spyware, and as a user rather than a tech geek, we/you/me have no power or expertise to find it. Even Microsoft are dumping junk into PC’s to make a nag screen come up about registering your operating system. So, you might win a battle, but the managerial morons with their meetings and Powerpoint presentations and pats on each others backs, and jolly good show old chap, will win to a degree in the end. Just because they have the power and connections to do so, not through any skills or sense, or commonsense.
    Have a super day, great site, like Duggie MacArthur I will return.

  • http://ATT/Yahoo William French

    I’m a senior citizen who’s neither a techie nor a business expert. All I know is what I think. For years, I’ve advocated that companies be required to advertise only the “final” price, not the price after taxes and a bunch of other add-ons. I also oppose any “fine print” whatsoever. Why should the buyer have to “beware”? Make it all bottom-line, with nothing concealed. Tell it like it is, not like it is after a bunch of tricky dancing on the part of the seller. I know I’m naive and idealistic, but why can’t an attempt be made to impliment a policy of above-boardmanship? Would be interested in a response from the younger, obviously more sophisticated guys and gals.

  • Nick Shapter

    Now I want a checkbook with this waiver on the checks near the endorsement line.

  • Derrick

    Great! I’m going to tattoo this on my arm.

  • Jeddy Khan

    Would software companies die a slow and painful death if EULA is banned or consider a form of extortion, hence becoming illegal? Or will these companies survive and do business like all other companies try harder to make a more reliable and better product and see if people are interested in actually buying it. After people have bought it and it is causing all kinds of problems the software company will refund the money or replace it with a better version. If car companies can do it why can’t software companies do the same?

  • http://www.wasims.com Wasim

    Brilliant article !

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  • http://www.delphiexpert.ru delphi

    cool articles !

  • Terry

    Nice! Love the website.

  • http://www.baby-parenting.com/baby/baby_namer.html Baby Names

    I have always wondered about those endless agreements, I wondered was I signing the life of my child away, without ever reading the text

  • http://www.dataentry-va.com Data Processing

    i must say this information is really very good.

  • http://www.abc-baby-names.com Baby Names

    I could imagine people trying to read your shirt

  • http://www.linkvana.info/ Linkvana

    Very good information here, and I really like the layout of your site. Keep up the good work!

  • http://www.beginnerinvesting.biz Beginner Investing

    I made myself a sticker with this and put it on my binder =)

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    I wish to wish all pregnant women of good mood, easy pregnancy and natural sorts!
    Good luck also are happy! Give birth easily and independently! Let not doctors give birth for you, and you! Also adjust itself on chest feeding of the kid! Read the necessary information! Be, lovely pregnant mums and expecting posterities of the daddy, are healthy and wise!

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    Development of digital technologies occurs prompt rates. Does not lag behind progress and digital TV. Speaking about digital TV, we first of all mean satellite TV. The digital satellite TV becomes more and more accessible to simple users. The market paid satellite tv also is not necessary on a place. The new digital standard of TV of high clearness HDTV actively develops and takes root. The satellite TV becomes more and more directed on the spectator. Besides digital quality of the image, advantage of satellite systems also is also the extensive cover zone of the companion.

  • http://www.cenegenicsatlanta.com Cenegenics

    The thing about this is that there is no way to solve it. Pretty much everyone in the world does this.

  • http://www.cenegenicsrandysmithatlanta.com Cenegenics

    Actually the only way to solve this is for some big companies to start suing little people and then people will notice that something isn't right here.

  • http://fanelaki.com sirtemed

    Indeed this is great info and good idea for a t-shirt… Keep up the good work!

  • http://www.5aa5.com/ ???

    wow

    it's qoute

    thnak you for information .

    i think i will buy some t-shirts ^_^

    best regards

  • http://inkcartridges 1575938

    I actually read one of these once and they are ridiculous!

  • http://usstropicana.blogspot.com usstropicana

    Her's a translation in French of your text.

    ENTENTE RAISONNABLE

    LIRE ATTENTIVEMENT. En acceptant ce matériel et/ou acceptant ce paiement et/ou acceptant cette carte d’affaire et/ou en ayant lu ce t-shirt et/ou en lisant cet auto-collant, vous acceptez, au nom de votre employeur, de me libérer de toutes les obligations et/ou tout engagement ressortant de n’importe lesquels et de tous les engagements NON-NÉGOCIÉS incluant licences, termes de service, conditions de bris de sceaux d’emballage, de cliquage de boutons d’acceptation électronique, de visite d’un site et/ou d’une page électronique, de confidentialité, à accès restreints, contre la compétition, de politiques d’utilisation acceptable (dites « FAUX ACCORDS ») dans laquelle et/ou lesquelles je suis entré avec votre employeur, ses associés, concessions, agents et assignés, dans la perpétuité, sans préjudice à mes droits et privilèges continus. Vous affirmez aussi que vous avez l'autorité pour me libérer de tous les FAUX ACCORDS au nom de votre employeur.

    Free to use as you wish. Please distribute.

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  • http://www.valoandesk.com Va Loan Michael

    Where can we get this big enough to put it on our website. Our website is for veterans who most of them have a sense of humor. Also is there an actual shirt for sale?

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  • http://worshipwiththetruth.blogspot.com messenger

    WTG

  • http://mrsearch.com.au/adwords-management-google.html AdWords Management

    I think the shirt is a fantastic idea. You need to open an internet store to sell!

  • http://www.micrositez.co.uk/ Search Engine Optimisation

    Those end user licenses get you every time. As long as you don't have any kind of issue – which is the case most of the itme, you're okay. But if you have any kind of issue with your purchase, many times they gotcha!

  • http://www.jobs-for-accountants.co.uk Big 4 Jobs

    Does anybody actually read Eula's? Its the small print that contains many of the things they don't really want you to read… maybe they should put it on a billboard instead…

  • http://vip-pregnancy.blogspot.com andres

    I will tell to you guys that laws in this direction are not ideal, and those who have understood it earn on it good money.

  • http://vip-pregnancy.blogspot.com andresss

    I will tell to you guys that laws in this direction are not ideal, and those who have understood it earn on it good money.

  • http://www.clancampbellhotel.co.uk Central Edinburgh Hotel

    Fantastic idea for a t-shirt! How do we get a hold of one? :-)

  • http://www.lloydsbrokers.com.au/sell.htm Sell Business

    End user agreements make me laugh. This is a great article thanks with a lot of insight. Keep up the good work!

  • http://www.totallyace.co.uk/ Ecommerce Web Design

    I cannot believe these EULA's they are too rediculous… they are not even enforceable… great idea though… where can i buy a t-shirt?

  • http://careerscatalyst.com Summer Internships

    what is the best way to link to this site, are there any banners?

  • http://www.dasgesundheitsportal.de/krankenversicherung.html private Krankenversicherung

    You hit the nail right on the head. End User License Agreements = Read Carefully!

  • http://www.tourismevoyage.com/ Voyage

    Totaly agree with you, the actual system is total “bullshit”. Thanks for the great licence, I have been sharing this websites with my friends and others. If we continue and work hard on this we may one day overcome this general phony system.

  • http://www.terrepolitique.com Politique

    This may be a stupid question, but could you tell me if you actually sell the T-Shirt?

  • http://www.economiesolidaire.com/ Ecologie

    Without being ideologic, could it be possible to dream of a better world? Thank you very much for this very useful tool. I just noticed it even thus it is quite old. Keep up the good work, we can do it!

  • http://www.ironhorsehelmets.com Motorcycle Helmet

    It doesn't look like the shirts are available any more at Mondos… now what?!

  • http://www.fliesen24.com Fliesen

    I love this shirt, will try to do a german translation. Thanks!

  • http://www.kuber.us/store/home.asp wii

    LOL. Very funny and eyeopening as well. Agreements especially with the credit card companies are just ridiculous. Looking at the stickers i can say lot of people will be happy to relieve other people of their agreements with their employers. Goood work , keep it up.

  • http://www.kuber.us shopping

    I prefer an english one for sure.

  • http://www.bestfreeonlinegames.biz games

    I agree with you on this, interesting information and funny as well.

  • http://www.kuber.us kuber

    I think they are quite funny.

  • http://www.stealsanddeals.net wii

    I think they are quite funny.

  • http://www.kuber.us wii

    I think they are quite funny.

  • http://www.homeshoppingstore.net wii

    that's why they call it small print , so that people find it harder to read and retain.

  • http://www.kuber.us/store/home.asp wii

    It is good idea to do some blog or atleast a few good articles like this one that shows how these companies take a mickey out of us customers.

  • http://www.kuber.us gifts

    Very creative idea to do something like this. I like the stickers, downloaded a few for me and my friends.

  • http://www.kuber.us gift

    Good idead. Thanks for the stickers, downloaded a few for myself and my friends.

  • http://www.homeremedyhaven.com Home Remedies Guru

    Awesome to hear. I had often wondered about those agreements. They are so ridiculously and meticulously written, and at a Menza level, that the average good person wanting to purchase them has no chance of understanding what all of the clauses mean. Noone should have to hire a lawyer to make a purchase.

    Cool shirt btw, might have to get myself that! I'll bring my lawyer :)

  • http://www.kuber.us kuber

    Great information and a good idea to start something like this. I like these t-shirts and would recommend this article to my friends.

  • http://www.geniusproject.com/web/geniusproject.nsf/solutions/resource_management.html Resource Management Software

    Very clever and well done!

  • http://mrsearch.com.au/sponsored-links-google.html Google Sponsored Links

    Does anybody actually read Eula's? Its the small print that contains many of the things they don't really want you to read… maybe they should put it on a billboard instead…

  • http://www.topviewsoft.com/mp4-to-dvd.html mp4 to dvd

    It's a really cool shirt. Does it have a French translation? If not, I will do the translation job for you.

  • http://www.kb-games.com wii

    I totally agree with you in this one. Basically these things are not for consumers as most will not understand anything at all.

  • http://www.kb-games.com games

    I totally agree with andress on this one. Basically these things are not for consumers as most will not understand anything at all.

  • http://electrobikes.com.au Electric Bicycle

    Awesome to hear. I had often wondered about those agreements. They are so ridiculously and meticulously written. It's good for people to actually be talking about this subject. Keep it coming :)

  • http://www.up-0.com ????? ???

    I think they are quite funny.

  • http://www.beenverified.com Background Check

    I have to get my hands on one of those T-Shirts. The EULA's are becoming more and more difficult for everyday people to read and consequently makes them read even less…we need standardization.

  • http://ideaforthebusiness.blogspot.com/ Business

    Great. Thanks for the information

  • http://gospodarstwo-rolne.blogspot.com xexe

    Very interesting side.

  • http://www.biznesor.pl biznes

    Great way to make own t-shirt guys :)

  • http://technothrone.com/forumdisplay.php?f=17 ?????

    thank you

  • http://technothrone.com/forumdisplay.php?f=17 ???????

    thank you for topics

  • http://www.technothrone.com ???????

    sorry you can del it

  • http://www.submitshop.com Link Building

    It is a great site with good information

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    —
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