Terms and Conditions of KOOLSCRAPBOOK

 1. Subject to the terms of this Agreement, KOOLSCRAPBOOK (a proprietary product provided by Internet Support and Services Corporation, hereafter referred to as KSB) agrees to provide you; the customer; with webpage services enabling you to communicate your information on the World Wide Web. Your pages will contain information created by you which may be accessed by users of the World Wide Web. KSB also may provide you with such other services that KSB offers as part of its programs. .

 2. On behalf of yourself and KSB, you warrant and represent that you are at least eighteen years old and are authorized to enter into this Agreement. You agree to provide information in a manner consistent with all applicable local, state, national and international laws and regulations and otherwise in accordance with this Agreement.

 3. The opinions and views expressed in your webpages do not reflect the opinions and views of KSB. The contents of the customer webpages are not subject to editorial review before they appear in KOOLSCRAPBOOK.com site pages. KSB is not responsible for the content of any customer webpages. Customers are solely responsible for everything contained in their own webpages. KSB does not verify, endorse or otherwise vouch for the contents of any customer webpages. Customers may be held legally liable for the contents of their webpages and may be held legally accountable if their webpages include, for example, defamatory comments or material protected by copyright, trademark, patent or trade secret law without the express permission of the author or owner.

 4. Customers will never conduct Gambling; Raffles; Lotteries; Multi-level marketing, pyramid or Ponzi schemes or illegal activities on KSB webpage(s).

 5. Changes to the Terms of this Agreement: At any time KSB may modify this Agreement including, without limitation, to change the amount of, or basis for determining, any fees or charges, or change the types of services offered. KSB will give notice of such changes to customers by means of a general notice e-mail to customer's e-mail address on record in KSB account information, and/or by written communication sent by U.S. Mail to customer current addresses of record in KSB account information.

 6. Duration and Termination of Agreement: This Agreement will continue unless terminated by either party. You may terminate this Agreement at any time, for any reason, including, but not limited to, changes made to this agreement are unacceptable to you. KSB agrees that it will terminate customer webpages with email or written notice from the customer. KSB may terminate your webpages if you breach any terms in this Agreement. If termination occurs within the first thirty (30) days of service, KSB will refund 75% of fees less any third party charges incurred. If KSB terminates an account for breach of services agreement, no refund will occur.

 7. LIMITATION OF KSB LIABILITY AND WARRANTY: Customers agree that use of KSB services are entirely at customers' risk. SERVICES HEREUNDER ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY REGARDING THE NUMBER OF POTENTIAL CUSTOMERS WHO MAY ACCESS THE SITE, OR FOR INFORMATION, SERVICES, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH KOOLSCRAPBOOK webpages and/or services, INCLUDING THE CONTENT, INFORMATION, LINKS OR RESULTS OBTAINED THROUGH WEBPAGES OR LINKS THEREON. SPECIFICALLY, KOOLSCRAPBOOK DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: 1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES; AND 2) ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY REASON, INCLUDING BUT NOT LIMITED TO FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. THE CUSTOMER(S) SPECIFICALLY ACKNOWLEDGES THAT KSB IS NOT LIABLE FOR THE DEFAMATORY, LIBELOUS OFFENSIVE OR ILLEGAL CONDUCT OF OTHER CUSTOMERS, CUSTOMER LINKS, OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH THE CUSTOMER. NEITHER KSB NOR ANY OF ITS AGENTS OR AFFILIATES SHALL BE LIABLE FOR ANY EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF KSB webpages OR INABILITY TO GAIN ACCESS TO OR USE KSB website(s) OR OUT OF ANY BREACH OF ANY WARRANTY OF KSB, EVEN IF KSB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. KOOLSCRAPBOOK' TOTAL LIABILITY FOR ACTUAL DAMAGES, IF ANY, SHALL IN NO EVENT EXCEED THE TOTAL AMOUNTS PAID BY THE CUSTOMER TO KSB UNDER ANY AGREEMENT.

 8. Prohibited Conduct: Notwithstanding anything contained in Paragraph 3 herein, KSB may elect at its sole discretion to monitor some, all or none of the content of KSB webpages for adherence to this Agreement and its content guidelines. If KSB is notified or otherwise becomes aware of actions of a KSB customers webpage that is alleged not to conform to the Agreement, KSB may investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of content from customer webpage(s) or terminate this Agreement. KSB shall have no liability or responsibility to the customer in respect of its performance or non-performance of such activities. By using KSB webpages, you agree that you will not transmit, link, post, store, or perform any of the following in or on the webpages, page content, or other information or communications that: 8.1. libels, defames, abuses or threatens others. 8.2. is bigoted, hateful or racially offensive. 8.3. advocates illegal activity or discusses illegal activities with the intent to commit them, including, but not limited to, computer hacking or cracking. 8.4. contain vulgar, obscene or indecent language or images. 8.5. would harass, threaten, embarrass or cause distress, unwanted attention or discomfort upon another user of KSB website(s), or other person or entity. 8.6. is sexually explicit images or other content, which is deemed by to be offensive. 8.7. is an impersonation of any person, including but not limited to, a KSB officer or employee, under a false name or a name that you are not entitled or authorized to use. 8.8. is a sweepstakes, lottery, chain letter or pyramid scheme. 8.9. violates any operating rule, policy or guideline of any other interactive service. 8.10. intentionally or unintentionally violates any applicable local, state, national or international law or ordinance, including but not limited to any regulations having the force of law. 8.11. includes unauthorized copy of copyrighted or trademarked photographs, drawings, graphics, text or other writings, computer programs or other software, recordings video, animation, music or designs; 8.12. infringes upon the Intellectual Property Rights of any person or entity; 8.13. is an unfair, unlawful or deceptive business practice; 8.14. violates any privacy or data protection laws applicable to the gathering, processing, storing, transmitting and use of user or customer information.

 9. Use of KSB Materials: All software, ideas, techniques, algorithms and methods or rights, whether considered to be Intellectual Property Rights or not, which are employed by KSB in connection with its website(s) and business efforts shall be and remain the property of KSB.

 10. Indemnification: The customer agrees to defend, indemnify and hold KSB, and its affiliated employees and companies, harmless from any claims and expenses (including, but not limited to attorney's fees) from any claim which may arise from a breach of terms of this Agreement. KSB reserves the right to choose counsel to represent KSB to defend any such claim.

 11. Choice of Law and Arbitration: This Agreement will be governed by and construed in accordance with the laws of the State of California without giving effect to its conflicts-of-laws principles. All disputes and claims relating to this Agreement and KSB' products and services, any other claims or causes of action relating to the performance of this Agreement shall be settled totally and finally by arbitration in such location as KSB prescribes, in accordance with the Federal Arbitration Act and the Commercial Arbitration Rules of the American Arbitration Association.

 12. Purchasing Products and Services through KSB webpages: KSB does not endorse, warrant or guarantee any product or service offered through customer webpages or links from customer webpages. You understand that neither KSB nor any of its affiliates controls, provides, operates or is responsible for any Content, goods or services available on the Internet. All such Content, goods and services are made accessible on the Internet by independent third parties and are not part of KSB or controlled by KSB.  KSB neither endorses nor is responsible for the accuracy or reliability of such Content, goods or services. KSB does not guarantee the accuracy, completeness, usefulness, quality or availability of any Content, goods or services and your use thereof is solely at your own risk. Neither KSB nor its affiliates shall be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused by your use of or reliance on any Content, goods or services or your inability to access the Internet or any site on the Internet. The foregoing provisions of this paragraph shall apply with equal force even where KSB features or displays a link with any particular Web site. The customer agrees that it will not, without the written consent of KSB in each instance: (i) use in advertising, publicity or otherwise (including, without limitation, on the Internet) the name of KSB, any trademark, trade name, symbol or any abbreviation or contraction thereof owned by or referring to KSB or (ii) represent, directly or indirectly, that any product or service offered by the customer has been approved by or endorsed by KSB.

 13. KSB Privacy: Except as otherwise described in this Section, KSB will not disclose to an unaffiliated third party your name, address, phone number, credit card, debit card, banking information, electronic funds transfer information, e-mail or alias e-mail address, or other specific personal identifying information, unless you provide permission in advance, or it is directed by a search warrant or court order to release such information. In the event that a third party (including governmental agencies) makes an allegation that the customer is engaged in unlawful activities, KSB reserves the right, in its sole discretion, to take the action it deems necessary and appropriate under the circumstances, and the customer hereby consents to KSB release of personally identifying information, if KSB deems it necessary and appropriate under the circumstances, without the necessity of judicial process.

 14. Partial Invalidity: Should any provision of this Agreement be held to be void, invalid or inoperative, the remaining provisions of this Agreement shall not be affected and shall continue in effect and the invalid provision shall be deemed modified to the least degree necessary to remedy such invalidity while maintaining the intent.

 15. No Waiver: The failure of either Party to partially or fully exercise any right or the waiver by either Party of any breach, shall not prevent a subsequent exercise of such right or be deemed a waiver of any subsequent breach of the same or any other term of this Agreement.

 16. Entire Agreement: This Agreement comprises the entire agreement between KSB and you, and supersedes any prior agreements between you and KSB with respect to the subject matter this Agreement.I HAVE READ AND UNDERSTAND THIS KOOLSCRAPBOOK SERVICES AGREEMENT AND AGREE TO BE BOUND BY ALL OF THE TERMS.