1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS

Welcome to Webloggin’s service (the "Service"). Webloggin.com ("Webloggin"), and Photobloggin.com (Photobloggin), owned and operated by InterTrip Internet Solutions ("InterTrip"), is provided to you ("Member") under the terms and conditions of this Webloggin Terms of Service ("TOS") and any operating rules or policies that may be published by InterTrip. The TOS comprises the entire agreement between Member and Webloggin and supersedes all prior agreements between the parties regarding the subject matter contained herein. BY REGISTERING FOR AND/OR USING ANY SERVICES PROVIDED BY WEBLOGGIN YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE TOS. SERVICES INCLUDE, BUT ARE NOT LIMITED TO, POSTING COMMENTS, POSTING ARTICLES, PINGBACKS AND TRACKBACKS.

Whether you are an account holder having a Webloggin Site on one of Webloggin’s web services, including on or within the URLs webloggin.com, and/or photobloggin.com (a "Member"), a personal domain hosted through one of Webloggin’s services, or a guest invited by an Account Holder (a "Guest") to post comments or author content on the Member Webloggin hosted Site ("blog site"), your use of the Service is subject to these Terms of Service ("TOS"). Webloggin reserves the right to update and change the TOS from time to time without notice or acceptance by you. The TOS will also be applicable to the use of the Service on a trial basis. By using the Service, you signify your irrevocable acceptance of this TOS.

2. DESCRIPTION OF SERVICE

InterTrip provides each Member with various publishing and services, including but not limited to the capability to post information to a web page and participate in web-based discussions. The Service also includes tools that enable Member’s and their Guests to create a weblog and/or photo album (posts, comments, blogroll, etc). The type and number of tools you may use depend on the type of account you have and your status as an Account Holder or a Guest. Some of these services will be free of charge; others may cost money or have other requirements. The requirements or fees for any service or option will be clearly explained and separately agreed to when Member implements those options, if any. Member must: (1) provide all equipment necessary to establish a connection to the World Wide Web including a computer and modem or other access device; (2) provide for own access to the World Wide Web and pay any telephone service fees associated with such access.

You also understand and agree that the Service may include advertisements and that these advertisements are necessary for InterTrip to provide the Service. You also understand and agree that the service may include certain communications from Webloggin, including, but not limited to service announcements, administrative messages, Webloggin Newsletters, and that these communications are considered part of Webloggin membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augments or enhances the current Service, including the release of new InterTrip properties, shall be subject to the TOS. You agree not to access the Service by any means other than through the interfaces that are provided by the InterTrip Webloggin service for use in accessing the Service.

Webloggin retains the exclusive right to accept or deny any request for inclusion in the Webloggin blogging network. The target audience is conservative minded bloggers. There is no guarantee or obligation that your request to be hosted on the Webloggin Blogging service will be approved. Creating or requesting a blog to harass or challenge those of conservative ideology (aka trolling) is explicitly prohibited. InterTrip and its designees shall have the right (but not the obligation) in their sole discretion to disallow, refuse or remove any Content that is available via the Service without limit. Bloggers and people who wish to challenge conservative ideology are encouraged to set up a blog at the Daily Kos or some other like minded blogging service.

3. MODIFICATIONS TO SERVICE

InterTrip reserves the right to modify or discontinue the Service with or without notice to Member. InterTrip shall not be liable to Member or any third party should InterTrip exercise TOS right to modify or discontinue the Service.

4. PRIVACY POLICY

All information entered into Webloggin by Member is private to Member except to the extent that he or she opts to share that information with other Webloggin members and/or the public, through Webloggin services or otherwise.

InterTrip will not disclose to any third party Member’s name or contact information. InterTrip will also not monitor, edit, or disclose the contents of a Member’s information unless required to do so by law or in the good faith belief that such action is necessary to: (1) conform to the edicts of the law or comply with legal process served on InterTrip; (2) protect and defend the rights or property of InterTrip; or (3) act under exigent circumstances to protect the personal safety of TOS members or the public; (4) fix or debug problems with the Webloggin software/service ; (5) enhance or upgrade the existing service or software.

Intentional violations of the privacy of other users, whether on our system or at another site, will be grounds for immediate termination of Service.

5.UNILATERAL SERVICE REVOCATION

In the event that InterTrip may at any time believe that the service is being utilized for unlawful purposes by the Customer or in contravention with the terms and provisions herewith, InterTrip may immediately discontinue such service to the Customer without liability. This will include failure to pay, illegal activities and/or unsolicited email.

6. CONTENT OWNERSHIP

Member is responsible for maintaining the security of your account and blog site. The Member is fully responsible for all activities that occur under the Member account and any other actions taken in connection with the blog site, including those of your Guests. You agree to immediately notify InterTrip of any unauthorized uses of the account or any other breaches of security. InterTrip cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You, the Member or representative thereof, acknowledge and agree that under no circumstances will Webloggin be liable, in any way, for any acts or omissions by any Member or a Guest, including any damages of any kind incurred as a result of such acts or omissions.

Unless stated otherwise for specific services, Member will retain copyright ownership and all related rights for information he or she publishes through the blog site or otherwise enters into any Webloggin related services.

7. CONTENT RESPONSIBILITY

Member acknowledges and agrees that InterTrip neither endorses the contents of any Member communications nor assumes responsibility for any threatening, libelous, obscene, harassing or offensive material contained therein, any infringement of third party intellectual property rights arising therefrom or any crime facilitated thereby.

Member understands that all information, data, text, software, music, sound, photographs, graphics, video, messages, goods, products, services or other materials ("Content") are the sole responsibility of the person from which such Content originated. This means that you, and not InterTrip, are entirely responsible for all Content that you or your Guests upload, post, transmit or otherwise make available via the Service. InterTrip does not control the Content posted by Members via the blog service or related InterTrip weblog services and, as such, does not guarantee the accuracy, integrity or quality of such Content.

Member understands and agrees that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will InterTrip be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available via the Service. You acknowledge that InterTrip and its designees shall have the right (but not the obligation) in their sole discretion to disallow, refuse or remove any Content that is available via the Service without limit. InterTrip and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable as determined by InterTrip and its designees or as required by Law. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

Member acknowledges and agree that InterTrip may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of InterTrip, its users and the public.

8. MEMBER ACCOUNT, PASSWORD, AND SECURITY

Once you become a member of the Service, you shall receive a password and an account. You are entirely responsible if you do not maintain the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities which occur under your account. You may change your password at any time.

Member agrees to immediately notify InterTrip of any unauthorized use of Member’s account or any other breach of security known to Member.

If you are using the Service as a Guest, you must also go through the registration process and provide the registration data requested with the exception of RSS mechanisms such as Pingbacks and Trackbacks. Any contribution through mechanisms that allow for unregistered submission of content to any InterTrip service is bound by this TOS.

In consideration of use of the Service, you agree to provide true, accurate, current and complete information about yourself and maintain and promptly update this data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or InterTrip has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, InterTrip has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

You understand that InterTrip has the right to terminate or suspend any account at any time at the discretion of its officers or its representatives.

9. DISCLAIMER OF WARRANTIES

WEBLOGGIN AND ALL REALTED SERVICES ARE CLASSIFIED AS "USE AT YOUR OWN RISK" SERVICES. THE MEMBER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT MEMBER’S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

INTERTRIP 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.

INTERTRIP MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.

MEMBER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT MEMBER’S OWN DISCRETION AND RISK AND THAT MEMBER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO MEMBER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

INTERTRIP MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. ,

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY MEMBER FROM OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

10. LIMITATION OF LIABILITY

INTERTRIP SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASE OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF MEMBER’S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

11. INDEMNIFICATION

The Member shall indemnify and hold harmless InterTrip from any and all loss, cost, expense, and damage on account of any and all manner of claims, demands, actions, suits, proceedings, judgments, costs and expenses that may be initiated against InterTrip and InterTrip’s officers, directors, and employees for any service provided to Member by InterTrip to include, but not be limited to, web space content that violates any copyright, proprietary right of any person, state and federal regulations, or contains any matter that is libelous or scandalous.

Should Member object to any terms and conditions of the TOS or any subsequent modifications thereto or become dissatisfied with the Service in any way, Member’s only recourse is to immediately discontinue use of the Service.

Upon termination of the Service, Member’s right to use the Service and Software immediately ceases. Member shall have no right and InterTrip will have no obligation thereafter to forward any unread or unsent messages to Member or any third party.

12. NO RESALE OF THE SERVICE

Member agrees not to resell, exploit or use any portion of the Service, without the express consent of InterTrip. Consultants and other representatives may set up Webloggin accounts for others users and Members through separate agreements as entered upon by the external parties.

13. STORAGE AND OTHER LIMITATIONS

InterTrip assumes no responsibility for the deletion or failure to store information entered into blog site. The Member is solely responsible for the backup and archiving of any and all material posted to the Member site. InterTrip does not provide such a service.

You acknowledge that InterTrip may establish general practices and limits concerning use of the Service and may modify such practices and limits from time to time.

Various account types have pre-defined limits on the bandwidth provided and the amount of storage available based on the particular account type. Available storage merely implies that the Member may upload Content up to a set limit. InterTrip does not guarantee that any data or content uploaded to the site will be available for any set period of time. Further, if an account is terminated, InterTrip may immediately and without warning reclaim any space that was previously allocated or used by Member under the terminated account or related accounts.

14. SEVERABILITY

In the event that any term or provision of this Agreement is held by a court of competent jurisdiction to be illegal, unenforceable or invalid in whole or in part for any reason, the remaining provisions of this Agreement shall remain in full force and effect.

15. MEMBER CONDUCT

Member is solely responsible for the contents of his or her transmissions through the Service. Member’s use of the Service is subject to all applicable local, state, national and international laws and regulations.

Member agrees: (1) to comply with US law regarding the transmission of technical data exported from the United States through the Service; (2) not to use the Service for illegal purposes; (3) not to interfere or disrupt networks connected to the Service; and (4) to comply with all regulations, policies and procedures of networks connected to the Service.

The Service makes use of the Internet to send and receive certain messages; therefore, Member’s conduct is subject to Internet regulations, policies and procedures. Member will not use the Service for chain letters, junk mail, spamming or any use of distribution lists to any person who has not given specific permission to be included in such a process; any such use may result in immediate termination of Member account.

Member agrees not to transmit through the Service any unlawful, harassing, libelous, abusive, threatening, or harmful material of any kind or nature. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. Attempts to gain unauthorized access to other computer systems are prohibited.

Member shall not interfere with another Member’s use and enjoyment of the Service or another entity’s use and enjoyment of similar services.

InterTrip may, at its sole discretion, immediately terminate Service should Member’s conduct fail to conform with these terms and conditions of the TOS.

16. PARTICIPATION IN PROMOTIONS OF ADVERTISERS

Member’s of paid accounts may enter into correspondence with or participate in promotions of the Advertisers showing their products on sites provided by the blog service and any related services. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between the corresponding Member and the Advertiser. InterTrip assumes no liability, obligation or responsibility for any part of any such correspondence or promotion.

Members who use the free, promotional and trial accounts provided by InterTrip understand that InterTrip enters into agreements with Advertisers that allows InterTrip to put advertisements on such sites. The Member is not provided any compensation, monetary or otherwise, as a result of such advertisements and promotions and that these advertisements are necessary for InterTrip to provide the Service.

17. LAWS

The TOS shall be governed by and construed in accordance with the laws of the state of Illinois, excluding TOS conflict of law provisions.

Member and InterTrip agree to submit to the exclusive jurisdiction of the courts of the state of Illinois. If any provision(s) of the TOS is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.

InterTrip’s failure to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision unless acknowledged and agreed to by InterTrip in writing.

Member and InterTrip agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The section titles in the TOS are solely used for the convenience of the parties and have no legal or contractual significance.