This VirtualNIC.com Quick Blog End User License Agreement ("Agreement") is entered into by and between VirtualNIC.com ("VirtualNIC.com") a/an individual and you and your heirs, agents, successors and assigns (collectively, "You"), and is made effective as of the date of electronic execution. This Agreement sets forth the terms and conditions of Your use of VirtualNIC.com's Quick Blog and its related services (collectively, the "Services") and represents the entire agreement between You and VirtualNIC.com concerning the subject matter hereof. By using the Services, You acknowledge that You have read, understand, acknowledge and agree to be bound by all the terms and conditions of this Agreement, along with any new, different or additional terms, conditions or policies including, but not limited to, the Universal Terms of Service that VirtualNIC.com may establish from time to time, in its sole discretion, and any agreements that VirtualNIC.com is currently bound by or may become bound by in the future. Such Agreements may be found here. All VirtualNIC.com policies and agreements related to Your use of the Services are incorporated herein and made part of this Agreement by reference.

In the event that You are using ad-support in connection with the Services, You acknowledge and agree that as adequate consideration for VirtualNIC.com providing You with the Services at no cost to You, VirtualNIC.com shall have the right to place certain advertisements on Your blog. If You do not desire that such advertisements are placed on Your blog, then You may purchase the Services at VirtualNIC.com's current rates.

VirtualNIC.com grants You a non-exclusive license to use the Services, provided, however, that You abide by the terms and conditions set forth herein and in each of VirtualNIC.com `s policies and procedures.

1. Create an online weblog (the "Blog") at the URL you designate;
2. Allow third party posts and comments to be added and edited; and
3. Add surveys and visitation statistics to the Blog You create.

Availability of Services

Subject to the terms and conditions of this Agreement and each of VirtualNIC.com 's policies and procedures, VirtualNIC.com shall use commercially reasonable efforts to attempt to provide the Services on a twenty-four (24) hours a day, seven (7) days a week basis throughout the term of this Agreement. You acknowledge and agree that from time to time the Services may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs that VirtualNIC.com may undertake from time to time; or (iii) causes beyond the reasonable control of VirtualNIC.com or that are not reasonably foreseeable by VirtualNIC.com , including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree that VirtualNIC.com has no control over the availability of the Services on a continuous or uninterrupted basis. Further, if You are using ad-support in connection with the Services, You acknowledge and agree that VirtualNIC.com has the right to terminate Your Services in its sole discretion and for any reason, including, but not limited to, Your failure or unwillingness to comply with the terms and limitations of this Agreement, specifically, the content and material restrictions set forth in this Agreement.

Blog Content

Notwithstanding anything in this Agreement to the contrary, in the event You are using ad-support in connection with the Services, in no event shall Your blog contain any of the following: search results, registration, "thank you", error, email or chat pages, pages comprised primarily of other advertising or pages that contain any of the following types of content: pornographic, obscene or excessively profane content or content intended to advocate or advance computer hacking or cracking, gambling, illegal activity, drug paraphernalia, hate, violence or racial or ethnic intolerance.

The Services are provided "as is" without any warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement.

VirtualNIC.com does not warrant the underlying open source code does not infringe on the intellectual property of any third party.

IN NO EVENT SHALL VirtualNIC.com BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF ANY REPORT, INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS, BUSINESS INTERUPPTION OR OTHERWISE.

THIS SOFTWARE IS PROVIDED "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL VirtualNIC.com BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

VirtualNIC.com explicitly reserves the right and sole discretion to: (i) modify its pricing, if desired by VirtualNIC.com ; (ii) review Your use of the Services for excessive space and bandwidth utilization and to terminate Your use of the Services or apply additional fees if You exceed allowed levels; (iii) establish limits and guidelines concerning the use of the Services; (iv) terminate Your use of the Services for use of the Services to unnecessarily or illegally harass, non-payment of fees for the Services, activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties, activities prohibited by the laws of the United States and/or foreign territories in which You conduct business, activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography, activities that are tortious, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable in the sole opinion of VirtualNIC.com , activities designed to impersonate the identity of a third party, activities designed to harm minors in any way, and other activities whether lawful or unlawful that VirtualNIC.com determines, in its sole discretion, to be harmful to its other customers, operations, or reputation; (v) terminate Your use of the Services if Your use of the Services results in, or is the subject of, legal action or threatened or proposed legal action, against VirtualNIC.com or any of its affiliates or partners, without consideration for whether such legal action or threatened or proposed legal action is eventually determined to be with or without merit, and (vi) terminate Your use of the Services if You have not accessed or logged into it for more than ninety (90) days. If VirtualNIC.com terminates Your use of the Services, VirtualNIC.com may, at its own option and in its sole discretion, remove and destroy data and files stored by You on its servers. VirtualNIC.com has no obligation to monitor Your use of the Services, but reserves the right in its sole discretion to do so.