Updated as of June 16, 2008

TERMS OF SERVICE

Please read the following important Terms of Service Agreement (the "Agreement") before accessing or using any of the various services (the "Services") made available to you (the "Member") by TestToob through http://www.testtoob.com ("TestToob"). ONLY USERS WHO ARE 13 YEARS OF AGE OR OLDER MAY REGISTER FOR TESTTOOB. By completing the registration process for the TestToob website, you represent that you are 13 years of age or older, and can and will be legally bound by this Agreement. If you are a minor, your parent or guardian must read and accept the terms of this Agreement before you register. No Member may participate where doing so would be prohibited by any applicable law or regulation.

A) Modifications

TestToob reserves the right to modify or amend this Agreement at any time, for any reason, or for no reason at all, at TestToob's sole discretion. The most recent version of this Agreement will be posted on the TestToob website. Although TestToob will provide notice of material changes to this Agreement on the TestToob website, as a Member it is your sole responsibility to keep yourself apprised of any such modifications or amendments. Should Member object to any terms and conditions of the Agreement or any subsequent modifications thereto or become dissatisfied with TestToob in any way, Member's only recourse is to immediately: (1) discontinue use of TestToob; (2) terminate TestToob registration; and (3) notify TestToob of termination.

B) Description of Services

As a Member, you will be provided with a variety of services and promotions, as described on the TestToob website (the "Services"). Members may also utilize certain additional services offered from time to time such as shopping and e-commerce offerings and various informational services. TestToob reserves the right to enhance, modify, or discontinue the Services and promotions, in whole or in part, at any time, for any reason, or for no reason at all, at TestToob's sole discretion, with or without notice to Members, and with no obligation to Members.

C) Member Conduct

Use of the Services by you, as Member, is subject to all applicable local, state, national and international laws and regulations. TestToob reserves the right, but does not assume any obligation, to monitor the Services to enforce this Agreement. Nor does TestToob guarantee that any monitoring it does perform will be to the Member's satisfaction. Upon learning of any violation of this Agreement, TestToob, at its sole discretion, may terminate your access to and use of the Services, require you to remedy such violation, and/or take any other actions that TestToob deems appropriate to enforce its rights and pursue all available remedies. Without limitation, TestToob reserves the right to terminate your access to and use of the Services if, in our view, your conduct fails to meet any of the following guidelines:

1. Members shall not engage in any activity that constitutes harassment, including, but not limited to, excessive repetition when listing a person as a referral.
2. Members shall not list the email addresses of people unknown to them.
3. Members shall not list as referrals any email addresses that are fake, fictitious, or made up.
4. Members shall not list as referrals any email addresses which are owned by or belong to that member.
5. Members shall not enter a postal mailing address which is fictitious, invalid, or any address other than an address where that user actually receives US postal mail.
6. Members shall not attempt to interfere with any other person's use of the Services.
7. Members shall not misrepresent their identity or impersonate any person.
8. Members shall not hold themselves out as sponsored by, endorsed by, or affiliated with the TestToob website.
9. Members shall not use any portion of the TestToob website or the Services for uploading, posting, emailing, transmitting or otherwise making available junk mail, commercial advertisements, or any other form of commercial solicitation.
10. Members shall not use any portion of the TestToob website or the Services for uploading, posting, emailing, transmitting or otherwise making available content, including user names and friend list names, that is harmful, threatening, abusive, vulgar, obscene, profane, defamatory, libelous, hateful, or racially, ethnically or otherwise objectionable.
11. Members shall not use any portion of the TestToob website or the Services for uploading, posting, emailing, transmitting or otherwise making available messages that are harmful to minors in any way.
12. Members shall not upload photos, graphics or other content that contain or promote illegal substances or activities, including, but not limited to, underage drinking or smoking, substance abuse, weapon use, or gang affiliation.
13. Members shall not post content that displays pornographic or sexually explicit material of any kind.
14. Members shall not provide material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18.
15. Members shall not provide instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses.
16. Members shall not attempt to gain unauthorized access to TestToob's database or other computer systems.
17. Members shall not attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by TestToob in connection with the TestToob website or the Services.
18. Members shall not engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Services or the TestToob website.
19. Members shall not use any portion of the TestToob website or the Services for any unlawful purpose.

All judgments concerning the applicability of these guidelines shall be at the sole and exclusive discretion of TestToob. TestToob will remove the offending material and alert the member against repeating the offense. If another direct violation of our Terms of Agreement is committed, a member's account will be fully terminated. A member is not necessarily offered a warning. An account may be terminated at any time, without notice, depending on the severity of the offense.

D) Privacy

TestToob has established a Privacy Policy to explain to Members how their information is collected and used, which Member can read by clicking http://www.testtoob.com/privacy_policy/. Member's use of the TestToob website or the Services signifies acknowledgment of and agreement to TestToob's Privacy Policy. Members further acknowledge and agree that TestToob may disclose Member's personal information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with legal process, enforce this Agreement, or to protect the rights, property, or personal safety of TestToob, its employees, users and third parties, and the public, or as otherwise described in the Privacy Policy. The Invite People feature is an easy way for TestToob users to invite friends through email. The email address(es) that you supply to use this service will only be used to send invitations to connect with you on TestToob.

E) Notice Regarding Commercial Email

MEMBERS CONSENT TO RECEIVE COMMERCIAL E-MAIL MESSAGES FROM TESTTOOB, AND ACKNOWLEDGE AND AGREE THAT THEIR EMAIL ADDRESSES AND OTHER PERSONAL INFORMATION MAY BE USED BY TESTTOOB FOR THE PURPOSE OF INITIATING COMMERCIAL E-MAIL MESSAGES.

F) Member Account and Password

Once Member registers for TestToob, Member will have a password and an account with TestToob. Member is responsible for maintaining the confidentiality of Member's password and account. Furthermore, Member is entirely responsible for any and all activities that occur under Member's account. Member agrees to immediately notify TestToob of any unauthorized use of Member's account or any other breach of security known to Member.

G) Copyrights, Trademarks, Patents and Intellectual Property Rights

Member acknowledges that messages, files or other materials ("Content") contained on the TestToob website and within TestToob email messages, and third party advertisements on the website and distributed via email, of a commercial nature and presented to Member by TestToob and the Services, are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Member is permitted to use TestToob Content or third party Content only as expressly authorized by TestToob or the third party advertiser. Member may not copy, reproduce, distribute, or create derivative works from the TestToob Content or third party Content without expressly being authorized to do so by TestToob or the third party advertiser. Member may make a copy of the TestToob Content or third party Content for Member's personal, noncommercial use only, provided that Member keeps all copyright or other proprietary notices intact. Although TestToob does not claim ownership of content that its Member's may provide to TestToob, by providing content to TestToob, Members automatically grant, and represent and warrant that they have the right to grant, to TestToob a worldwide, irrevocable, perpetual, non-exclusive, and fully sub-licensable, license to use, copy, perform, display, and distribute said content.

TestToob respects copyright law and expects Members to do the same. Illegal or unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holders' rights. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify TestToob's Agent for Notice of claims of copyright or other intellectual property infringement ("Agent"), at:

TestToob Copyright Agent
P.O. Box 324
Louisville, KY 40207
info@TestToob.com

Please provide our Agent with the following Notice:

1. Identify the copyrighted work or other intellectual property that you claim has been infringed
2. Identify the material on TestToob that you claim is infringing, with enough detail so that we may locate it on the website
3. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
4. A statement by you declaring under penalty of perjury that (a) the above information in your Notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner
5. Your address, telephone number, and email address; and
6. Your physical or electronic signature.

TestToob's Agent will forward this information to the alleged infringer. It is TestToob's policy to terminate the accounts of repeat infringers.

H) Disputes

Any controversy or claim arising out of or relating to this Agreement, TestToob, or the provision of the Services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Jefferson County, Kentucky, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or TestToob may seek any interim or preliminary relief from a court of competent jurisdiction in Jefferson County, California necessary to protect the rights or property of you or TestToob (or its agents, suppliers, and subcontractors) pending the completion of arbitration. If there is a dispute between participants on this site, or any third party, TestToob is under no obligation to become involved. In the event that Member has a dispute with one or more members, Member hereby releases TestToob, their officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.

I) Termination

Either party may terminate use of the TestToob website or the Services with or without cause at any time and effective immediately upon written notice to the other party. TestToob may terminate with or without cause at any time and effective immediately, at TestToob's sole discretion, including but not limited to Member's failure to conform with these terms and conditions of the Agreement. TestToob shall not be liable to Member or any third party for termination of use of TestToob or the Services. Member's right to use TestToob or the Services shall cease immediately. Member shall have no right and TestToob will have no obligation thereafter to forward any unread or unsent messages to Member or any third party. Sections G-N shall survive termination of the Agreement.

J) DISCLAIMERS OF WARRANTIES

MEMBER AGREES THAT USE OF THE TESTTOOB WEBSITE AND THE SERVICES IS ENTIRELY AT MEMBER'S OWN RISK. THE TESTTOOB WEBSITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, TESTTOOB DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE TESTTOOB WEBSITE AND THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, TESTTOOB DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE TESTTOOB WEBSITE OR THE SERVICES ACCESSED THROUGH ANY LINKS ON THE TESTTOOB WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, TESTTOOB DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE TESTTOOB WEBSITE OR THE SERVICES. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

K) LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL TESTTOOB BE LIABLE ON ACCOUNT OF MEMBER'S USE OR MISUSE OF THE TESTTOOB WEBSITE OR THE SERVICES, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE TESTTOOB WEBSITE OR THE SERVICES, FROM INABILITY TO USE THE TESTTOOB WEBSITE OR THE SERVICES, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE TESTTOOB WEBSITE OR THE SERVICES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE TESTTOOB WEBSITE OR THE SERVICES OR ANY LINKS ON THE TESTTOOB WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE TESTTOOB WEBSITE OR THE SERVICES OR ANY LINKS ON THE TESTTOOB WEBSITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdiction, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.

L) Indemnification

Member agrees to indemnify and hold TestToob, its subsidiaries, affiliates, successors, assigns, directors, officers, agents, employees, service providers, and suppliers harmless from any dispute which may arise from a breach of terms of this Agreement. Member agrees to hold TestToob harmless from any claims and expenses, including reasonable attorney's fees and court costs, related to Member's violation of this Agreement.

M) Governing Law

This Agreement and the relationship between Member and TestToob shall be governed by the laws of the State of California without regard to its conflict of law provisions. If any provision of the Agreement 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 Agreement remain in full force and effect. Member agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of TestToob, the Services or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. TestToob makes no representation that materials on this web site are appropriate or available for use in other locations, and accessing them from territories where its contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with applicable laws.

N) Agreement

The Agreement constitutes the entire agreement between Member and TestToob and governs your use of TestToob and the Services, superseding any prior agreements between Member and TestToob. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The failure of TestToob to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. The section titles in the Agreement are for convenience only and have no legal or contractual effect.

Contacting TestToob

Users with questions about this Terms of Service and any of the aforementioned statements may contact TestToob at info@TestToob.com or TestToob, Inc, P.O. Box 324, Louisville, KY 40207.

Updated as of February 7, 2008