ACCEPTANCE OF TERMS FamilyTimes.com provides an online web service to you, described below, subject to these Terms of Service ("TOS"). FamilyTimes.com reserves the right to change these Terms Of Service without notice. The current Terms Of Service can be viewed at: http://www.familytimes.com/node/view/211. FamilyTimes.com reserves the right to revoke your account if you fail to comply with these Terms of Service. DESCRIPTION OF SERVICE FamilyTimes.com is an Internet service enabling users to create and maintain personal websites(herein referred to as "Service"). Registered users will receive their own web space to post electronic media, including text, images, audio, and video (herein referred to as "Content"). This Content may reside on FamilyTimes.com's servers or on the servers of a third party. USER ACCOUNTS AND OBLIGATIONS FamilyTimes currently offers free accounts to all valid registrants. These accounts are available in accordance with the Children's Online Protection Privacy Act (COPPA) and are only available to people over the age 13. New account structures will be added which may require payment. FamilyTimes.com requires account registration and verification before opening an account. Users are required to provide accurate and current e-mail addresses and age verification and to keep this information up to date. FamilyTimes.com reserves the right to suspend or terminate your account if it believes the information is no longer current. FAMILYTIMES.COM PRIVACY POLICY Our privacy policy is posted on FamilyTimes.com for more information visit http://www.FamilyTimes.com/node/view/212. INDEMNITY You agree to indemnify and hold FamilyTimes.com, and its affiliates, officers, and employees, harmless from any claim or demand, including reasonable attorney fees, made by any third party due to or arising out of your Content, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another, whether you are a registered user or not. The user is solely responsible for his or her actions when using the Service, including, but not limited to, costs incurred for Internet access. SPECIAL ADMONITIONS FOR 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. GENERAL PRACTICES REGARDING USE AND STORAGE You acknowledge that FamilyTimes.com may establish limits concerning use of the Service and may modify these limits at any time. You acknowledge that FamilyTimes.com may establish in its sole discretion general practices and limits concerning use of the Service. You agree that FamilyTimes.com has no responsibility or liability for the deletion or failure to store any content maintained or transmitted by the Service. You acknowledge that FamilyTimes.com reserves the right to log off un-paid accounts that are inactive for an extended period of time. You further acknowledge that FamilyTimes.com reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice. MODIFICATIONS TO SERVICE FamilyTimes.com reserves the right to modify or discontinue, temporarily or permanently, the Service with or without notice at any time. You agree that FamilyTimes.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. NO RESALE OF SERVICE You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service. TERMINATION You agree that FamilyTimes.com, in its sole discretion, may terminate your password, journal, or account, and remove and discard any content within the Service, for any reason, including and without limitation, the lack of use, or if FamilyTimes.com believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Any contracts, verbal or written or assumed, in conjunction with your deleted journal and all its parts, at FamilyTimes.com's discretion, will be terminated as well. FamilyTimes.com may also in its sole discretion and at any time, discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that FamilyTimes.com may immediately deactivate or delete your FamilyTimes.com journal and all related information and files. FamilyTimes.com reserves the right to bar any further access to such files or the Service. You agree that FamilyTimes.com shall not be liable to you or any third-party for any termination of your access to the Service. Paid accounts that are terminated will not be refunded. ADVERTISEMENTS AND PROMOTIONS FamilyTimes.com reserves the right to run advertisements and promotions on the FamilyTimes.com service in the future. By using FamilyTimes.com, you agree that FamilyTimes.com has the right to run such advertisements and promotions with or without prior notice, and without recompense to you or any other user. You agree that FamilyTimes.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service. ||| LINKS As a resource to our visitors we may provide links to other Web sites. We try to carefully choose Web sites which we believe are useful and meet our high standards for the accuracy and quality of information. However, because Web site design and content can change so quickly we cannot guarantee the standards of every Web site to which we link. Likewise, we are not responsible for content once you leave this Web site. We also cannot guarantee the privacy policies of these other sites and suggest you check the privacy policies of those sites directly. DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FAMILYTIMES.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. (b) FAMILYTIMES.COM MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. (c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FAMILYTIMES.COM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS. LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT FAMILYTIMES.COM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FAMILYTIMES.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. GENERAL INFORMATION The TOS constitutes the entire agreement between you and FamilyTimes.com and governs your use of the Service, superseding any prior agreements between you and FamilyTimes.com (including, but not limited to, any prior versions of the TOS). The laws of the State of Maryland, U.S.A, shall govern the TOS and the relationship between you and FamilyTimes.com. without regard to its conflict of law provisions. You and FamilyTimes.com agree to submit to the personal and exclusive jurisdiction of the courts located within Montgomery County, Maryland, U.S.A. The failure of FamilyTimes.com to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is 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 TOS 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 Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.