BLOG.ORG

TERMS AND CONDITIONS OF USE,PLUS PRIVACY POLICY

This is a legal agreement between you and BLOG LLC Corporation ("BLOG LLC") regarding BLOG LLC's BLOG.org (“BLOG.org”) located at http://www.BLOG.org (the “Web Site”). In order to use BLOG.org, you must first accept without modification all of the terms, conditions, and notices contained in these Terms and Conditions of Use. If you do not accept these Terms and Conditions of Use in their entirety, you may not access or use BLOG.org.

Portions of BLOG.org may be governed by posted guidelines, rules, or other terms and conditions. All such guidelines, rules, terms and conditions are hereby incorporated by reference into these Terms and Conditions of Use. In the event of a conflict between such other guidelines, rules, terms and conditions and these Terms and Conditions of Use, the Terms and Conditions of Use shall control, except that the BLOG.org Privacy Policy, referenced below, supersedes any conflicting language in these Terms and Conditions of Use and/or any other guidelines, rules, terms and conditions published in connection with BLOG.org with respect to the subject matter covered by such privacy policy.

Modification of These Terms and Conditions of Use

Except as otherwise set forth herein, BLOG LLC reserves the right at any time to change the terms, conditions, and notices under which BLOG.org is offered. Changes to the these terms and conditions are effective after we provide you with notice of the changes by posting the changes on the news page, however, we may choose to temporarily change certain terms for promotional events (for example, no-fee days) and such changes are effective when we post the temporary promotional event on the news pages. We will provide you (at your email address on record with us) or by placing a prominent notice on our site with thirty days prior notice of changes to the terms of our Privacy. You are responsible for regularly reviewing all of the terms, conditions and notices related to BLOG.org. Continued use of BLOG.org after any such change shall constitute your consent to such change. Unless explicitly stated otherwise, any new changes or improvements to BLOG.org shall be subject to the Terms and Conditions of Use, as modified or amended from time to time.

Right to Use Blogs

If you provide weblogs, also known as blogs, to BLOG LLC (each a “Blog”), you hereby grant to BLOG LLC a nonexclusive worldwide royalty-free license and right to use, market, license, publish, reproduce, copy, distribute, sublicense and display such Blog and to use excerpts thereof in any manner on the Web Site. You agree that third parties may link to your Blogs and use, in any manner or medium, excerpts from your Blogs.

Financial Terms

Membership Fees.

You shall be financially responsible for your use of BLOG.org at the then-current payment terms. Current fees for use of BLOG.org and payment terms are set forth at http://www.BLOG.org/Blogs/Help/. BLOG.org reserves the right to modify its fees and payment terms at any time by providing at least fourteen days' notice of the changes by posting the changes on the news page. Your continued use of BLOG.org shall be considered acceptance of the modified terms. If you agree to pay using a credit card, a PayPal account or any other method of acceptable online payment, you shall provide to BLOG LLC all information necessary in order for BLOG LLC to make payment via the Web Site using such payment method. You agree to indemnify and hold harmless BLOG LLC from all losses and damages arising from or related to payment of fees via the Web Site. You will be responsible for payment of any sales, use, or other taxes arising from this Agreement, together with any related interest and penalties assessed by a taxing authority. All fees paid by you are nonrefundable. BLOG LLC will assess an additional 1.5% (or the highest amount allowed by law, whichever is lower) per month late charge if your account is past due. BLOG LLC may terminate this Agreement or suspend the provision of services for failure of you amounts when due. You will reimburse BLOG LLC for all reasonable costs incurred by BLOG LLC in collecting past due amounts. Such costs may include, but are not limited to, wire transfer fees, collection agency fees, reasonable attorneys' fees, and court costs.

Payments for Blogs

BLOG LLC pays licensors of Blogs based on the number of times a member views such licensors Blogs. The amount paid is based on BLOG LLC’s then-current payment terms set forth at http://www.BLOG.org/Blogs/Help/. BLOG.org reserves the right to modify such amounts and payment terms at any time by providing notice to you. Your continued use of BLOG.org shall be considered acceptance of the modified terms.

Use Limitation

Members of BLOG.org are only entitled to view Blogs as displayed within BLOG.org. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, content, software, products or services that are part of the BLOG.org except as expressly provided in these Terms and Conditions of Use.

No Unlawful or Prohibited Use

You will not use BLOG.org for any purpose that violates (i) Federal, state or local laws or regulations, (ii) community standards, (iii) International treaties or (iv) these terms, conditions, or notices. You will not use BLOG.org in any manner that violates or infringes upon the rights of others. You will not use BLOG.org to solicit the performance of any activity that is prohibited by law or to solicit any BLOG LLC customer to become a customer of any other provider of services competitive with BLOG.org. You may not use the BLOG.org in any manner that could damage, disable, overburden, or impair BLOG.org or interfere with any other party's use and enjoyment of it. You may not attempt to gain unauthorized access to any account, computer systems or networks associated with BLOG.org. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through BLOG.org .

You agree to use BLOG.org only to create Blogs, add posts and comments to Blogs, and read Blogs. You may also link to and use excerpts from Blogs found in the Web Site. By way of example, and not as a limitation, you agree that when using BLOG.org, you will not:

· Use BLOG.org in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).

· Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

· Publish, transfer, distribute or disseminate any information which may be obscene or contain child pornography or, if otherwise adult in nature or harmful to minors, shall be posted only in the Mature Audiences section, distributed only to people legally permitted to receive such content, and subject to the Mature Audiences Terms of Use.

· Publish, transfer, distribute or disseminate any information which may include an inappropriate or unlawful topic, name, material or information.

· Transfer, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents to do the same.

· Use any material or information, including images or photographs, which is made available through BLOG.org in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.

· Transfer files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.

· Advertise or offer to sell or buy any goods or services for any business purpose.

· Download any file transferred by another user of BLOG.org that you know, or reasonably should know, cannot be legally distributed in such manner.

· Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is transferred.

· Restrict or inhibit any other user from using and enjoying BLOG.org.

· Violate any code of conduct or other guidelines which may be applicable to BLOG.org .

· Harvest or otherwise collect information about others, including e-mail addresses.

· Violate any applicable laws or regulations.

· Create a false identity for the purpose of misleading others.

· Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of BLOG.org or other BLOG.org user or usage information or any portion thereof.

BLOG LLC has no obligation to monitor BLOG.org. BLOG LLC reserves the right to terminate your access to BLOG.org at any time, without notice, for any reason whatsoever.

BLOG LLC reserves the right at all times to disclose any information as BLOG LLC deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to transfer or to remove any information or materials, in whole or in part, in BLOG LLC's sole discretion.

You are responsible for all activities that occur in your BLOG.org account. You agree to notify BLOG LLC immediately of any unauthorized use of your account. BLOG LLC is not responsible for any loss that you may incur as a result of any unauthorized person using your account.

Privacy of Information

See the BLOG.org Privacy Policy for disclosures relating to the collection and use of your information.

Always use caution when giving out any personally identifiable information about yourself or your children in BLOG.org. BLOG LLC does not control or endorse the content, messages or information exchanged by means of BLOG.org and, therefore, BLOG LLC specifically disclaims any liability with regard to BLOG.org and any actions resulting from your participation in BLOG.org.

BLOG.org may allow you to interact with third-party Web sites and Web services ('Link(s)'). The Links are not under the control of BLOG LLC and BLOG LLC is not responsible for the contents of any Links, including without limitation any link contained in a Link, or any changes or updates to a Link. BLOG LLC is not responsible for any form of transmission received from any Link, nor is BLOG LLC responsible if the Link is not working appropriately. BLOG LLC is providing these Links to you only as a convenience, and the inclusion of any Link does not imply endorsement by BLOG LLC of the Link or any association with its operators. You are responsible for viewing and abiding by any privacy statements and terms of use posted in connection with the Links.

You are solely responsible for any dealings with third parties (including advertisers) who support BLOG.org, including the delivery of and payment for goods and services.

Bonuses

From time to time, BLOG.org may award bonuses, including account bonuses, referral bonuses and other bonuses that BLOG.org may award in the future. Receipt of those bonuses is based on the completion of the governing bonus Terms and Conditions, including the Referral Bonus Terms and Conditions. All bonuses awarded through these and other bonus programs, if any, must be withdrawn by the recipient from his or her BLOG.org account within one year. All bonuses which are not claimed within one year of receipt will expire and become property of BLOG.org.

Terms and Conditions of Use for BLOG.org -Enabled Properties

For the terms and conditions governing your use of any Web site or service that enables you to use BLOG LLC web sites other than BLOG.org itself (' BLOG LLC-Enabled Properties'), please refer to the applicable Terms and Conditions of Use for such BLOG LLC-Enabled Properties.

BLOG LLC's Right to Use Feedback or Suggestions You Submit

By submitting any feedback or suggestions to BLOG LLC concerning BLOG.org, you warrant and represent that you own or otherwise control the rights necessary to do so and you are granting BLOG LLC and its affiliated companies permission to:

· Use, modify, copy, distribute, transmit, publicly display, publicly perform, reproduce, publish, sublicense, create derivative works from, transfer, or sell any such feedback or suggestions; and

· Sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the feedback or suggestions.

The foregoing grants shall include the right to exploit any proprietary rights in such feedback or suggestions, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. No compensation will be paid with respect to BLOG LLC's use of the materials contained within such feedback or suggestions. BLOG LLC is under no obligation to post or use any materials you may provide and may remove such materials at any time in BLOG LLC's sole discretion.

This section is inapplicable to any personally identifiable information that you provide in connection with your registration for BLOG.org. For terms and conditions governing use of such information, please refer to the BLOG.org Privacy Policy.

This section also is inapplicable to any documents, information, or other data that you transmit or otherwise submit to any BLOG.org-Enabled Properties. Please refer to the terms and conditions for such BLOG.org -Enabled Properties to determine the rights of the Web site or service provider to such documents, information and/or data.

Limitation of Liability

BLOG LLC AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON OR OBTAINED THROUGH BLOGGING NETWORK FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED 'AS IS' WITHOUT WARRANTY OF ANY KIND. BLOG LLC AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

IN NO EVENT SHALL BLOG LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF BLOGGING NETWORK, WITH THE DELAY OR INABILITY TO USE BLOGGING NETWORK, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, OR SERVICES OBTAINED THROUGH BLOGGING NETWORK, OR OTHERWISE ARISING OUT OF THE USE OF BLOGGING NETWORK, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BLOG LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF BLOGGING NETWORK, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING BLOGGING NETWORK.

Indemnification

You agree to indemnify and hold BLOG LLC and its directors, officers, employees, agents, representatives, and affiliates ("BLOG LLC Indemnities") harmless from any demand, claim, suit, loss, liability or damage, including reasonable attorneys' fees, whether in tort or in contract, that BLOG LLC Indemnities may incur by reason of or arising out of any claim that is made with respect to your use of the Services, including without limitation (i) with respect to any breach of this Agreement by you, (ii) with respect to any act or omission of you, or (iii) with respect to any claim of defamation, invasion of privacy, right of publicity, unfair competition, infringement of a third person's intellectual property or other proprietary rights or obscenity relating to your use of BLOG.org.

Customer Support

BLOG LLC provides information about how to use BLOG.org as part of BLOG.org . BLOG LLC does not provide support for any software or services provided by any third party.

Termination/Access Restriction

BLOG LLC reserves the right, in its sole discretion, to terminate your access to and use of BLOG.org or any portion thereof at any time, without notice.

This Agreement is governed by the laws of the State of California, U.S.A. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Palo Alto, California, U.S.A. in all disputes arising out of or relating to the use of BLOG.org . You agree that no joint venture, partnership, employment, or agency relationship exists between you and BLOG LLC as a result of this agreement or use of BLOG.org. BLOG LLC may assign this agreement, in whole or in part, at any time. BLOG LLC's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of BLOG LLC's right to comply with governmental, court and law enforcement requests or requirements relating to your use of BLOG.org or information provided to or gathered by BLOG LLC with respect to such use. You agree to indemnify and hold BLOG LLC, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on BLOG.org. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. This agreement, including the documents expressly incorporated by reference above, constitute the entire agreement between the user and BLOG LLC with respect to BLOG.org and such agreements supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and BLOG LLC with respect to BLOG.org. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

BLOG LLC may also terminate or suspend your access to BLOG.org for inactivity, which is defined as failing to log onto BLOG.org for an extended period of time, as determined by BLOG LLC.

Accuracy of Information

You acknowledge and agree that any information provided by you to BLOG LLC, including, but not limited to account registration information and billing information is accurate, complete and current, and you agree to update that information promptly if there is any change.

No Assignment or Transfer

You shall not resell the Services provided by BLOG LLC or any third party hereunder or assign, transfer or otherwise dispose of the Services or this Agreement or any interest herein, whether voluntary, by operation of law or otherwise, without the prior express written consent of BLOG LLC. Any purported assignment in violation of this section shall be void.

Intellectual Property

All contents of any BLOG LLC Web site related to BLOG.org are: Copyright © 2002 BLOG LLC Corporation and/or its suppliers, c/o BLOG LLC Corporation, PO Box 61137, Palo Alto, CA 94306-6137, U.S.A. All rights reserved.

TRADEMARKS. BLOG LLC, BLOG.org, and BloggingNet are unregistered trademarks of BLOG LLC Corporation. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

BLOG LLC may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in any Web pages that are part of BLOG.org . Except as expressly provided in these Terms and Conditions of Use, the furnishing of such Web pages to you does not give you any license to these patents, trademarks, copyrights, or other intellectual property. Any rights not expressly granted herein are reserved.

Notices and Procedure for Making Claims of Copyright Infringement

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to BLOG LLC's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See the Notice and Procedure for Making Claims of Copyright Infringement.

Revised February 8, 2005