THIS AGREEMENT BETWEEN SUBPROFILE.COM (hereinafter referred to as "SubProfile") and Account Holder (hereinafter referred to as "User")

WHEREAS SubProfile provides the service (the "Service") of hosting an extended profile;

AND WHEREAS User desires to subscribe to the Service on the terms and conditions contained herein;

NOW THEREFORE in consideration of the mutual covenants and agreements contained in this Agreement and other good and valuable consideration (the receipt and sufficiency of which are hereby irrevocably acknowledged by the parties) SubProfile and User agree as follows:

1. Limitations. The Service is subject to the following limitations:
   1. User shall not include content, or internet links to content on the Profile that contain, promote or involve any of the following:
      i. any infringement of copyright, trademark, patent, trade secret or other intellectual property right;
      ii. nudity or pornography;
      iii. content that exploits children under 18 years of age;
      iv. hate propaganda;
      v. racist, threatening, or otherwise abusive content;
      vi. the promotion or incitement of, or instruction for, the commission of illegal activities;
      vii. mail fraud, multi-level marketing (pyramid) schemes or any other fraudulent activities;
      viii. content promoted through the sending of unsolicited e-mail (also known as spamming);
      ix. warez, cracks, hacks, spam software & their associated utilities;
      x. information or other material that contains a virus, corrupted data or any other harmful or damaging component;
   2. Idem. User agrees that SubProfile is not responsible for content on pages hosted on member profiles and acknowledges that SubProfile does not endorse or verify any such material;
   3. Idem. User agrees to assume full responsibility for all files associated with the Profile and acknowledges that User may be held legally for the contents of the Profile;
   4. Backup and Monitoring. User is solely responsible for creating backups of any files associated with the Profile and for monitoring the Profile;
   5. Notice to Officials. If SubProfile determines that law enforcement officials should be notified regarding potentially illegal content on the Profile, User agrees that SubProfile may provide copies of User's Profile to the appropriate officials without notice to user. SubProfile will cooperate with all law enforcement efforts to locate persons who have posted content that is illegal or promotes illegal conduct;
   6. Policies and Guidelines. User agrees to abide by all policies or guidelines, together with any amendments thereto, set out, from time to time, by SubProfile anywhere on the site www.subprofile.com;
2. Amendments. User agrees to be bound by any amendments to this Agreement that are set out, from time to time, by SubProfile anywhere on the site www.subprofile.com .
3. No Representations or Warranties. The Service is offered on an "as is" basis without any representations or warranties of any kind either expressed or implied. For greater certainty and without limitation to the generality of the foregoing:
   1. SubProfile makes no representations, warranties or guarantees of any kind whether written or verbal regarding the reliability of the Profile provided or any other services offered;
   2. SubProfile is not responsible for any deletion, alteration, or loss of data due to network or system outages, file corruption, accidental deletion, or any other reasons;
   3. SubProfile makes no representations, warranties or guarantees with regards to server reliability, speed or consistency;
   4. SubProfile makes no representations, warranties or guarantees as to the accurateness or correctness of any content on any of the Profiles and is not responsible for any errors or omissions arising from the use of such information;
   5. SubProfile may link to or include on its Web resources, information provided by third party partners and providers. SubProfile does not guarantee or warrant the reliability of this information nor does SubProfile recommend any of these services;
4. Limitation of Liability. SubProfile is not responsible for any failures, delays, or interruptions in the delivery of any content or services contained on the SubProfile server; or losses or damages arising from the use of the content or services provided by SubProfile. For greater certainty and without limitation to the generality of the foregoing:
   1. In no event will SubProfile be liable to User for any indirect, incidental, or consequential damages arising out of the Service or in connection with the Profile or any other services or products provided to User;
   2. SubProfile, its officers, directors, owners, agents and employees, shall in no way be liable to User or anyone else for any loss or injury resulting from use of the Service or the Profile;
   3. In no event shall SubProfile be liable for any damages, whatsoever, as a result of the notifying of any official of potentially illegal content on the Profile, providing copies of User's said Profile to the appropriate officials or cooperating with law enforcement efforts to locate persons who have posted content that is illegal or promotes illegal conduct;
   4. In no event shall SubProfile be liable for any damages, whatsoever, as a result of the termination of this Agreement pursuant to Article 5.
5. Indemnity. User agrees to indemnify and hold SubProfile harmless from and against, and to reimburse SubProfile with respect to, any and all losses, damages, liabilities, claims, judgments, settlements, fines, costs and expenses (including reasonable related expenses, legal fees and costs of investigation) or every nature whatsoever incurred by SubProfile by reason of or arising out of or in connection with (i) any breach of this Agreement by User; (ii) any infringement of any copyright, trade-mark, patent, trade secret or any other intellectual propriety right of any party by content on the Profile; or (iii) illegal, libellous, or defamatory content on the Profile.
6. Termination. SubProfile may terminate this Agreement, discontinue the Service and delete the Profile at any time without notice to User.