1. BabyCollage.com, LLC Services
As a World Wide Web Hosting provider, BabyCollage.com,LLC, provides Internet web hosting, web design, and associated services and offers through a third party a network of dedicated server computers, routers, hubs, switches, other equipment and software (collectively, the "Network") which is integrated with the Internet. This Network sends and receives data and information in relationship to the World Wide Web. It is understood that the Customer wishes to connect to the World Wide Web utilizing the hardware and software resources of BabyCollage.com, LLC to establish an Internet web presence using BabyCollage.com's services (hereforeto known as "the Service"). The Customer is responsible for and must provide all computer, telephone and other equipment and facilities necessary to access the Service. In addition, Customer is responsible for any access charges incurred through on-line services, telephone companies, or internet service providers used in obtaining access to the Service. Examples of such services would include but not be limited to: AOL, WorldNet, MediaOne, and MSN.

2. BabyCollage.com,LLC Terms & Conditions
By utilizing the services of BabyCollage.com, LLC, Customer agrees to abide by all stated Terms & Conditions. BabyCollage.com, LLC reserves the right to change the Policies from time-to-time, in order to accommodate the needs of its customers, changing laws, and advancing technology. All changes will be posted to the company's World Wide Web site: www.babycollage.com. Should the customer not accept the Terms and Conditions of Use stated herein, said Customer should contact BabyCollage.com immediately to cancel their Service.

3. Payment for Services
Customer agrees, if applicable, to pay BabyCollage.com, LLC for services requested and rendered. All payments due, if applicable, for Web Design and hosting services are to be paid before the site is activated. The fee charged for a returned check will be $25.00.

4. Content
By utilizing this service, the customer gives permission to the Company to utilize photographs and digital images of themselves and or their child/children for the purpose of development of a personal web site. In addition, the customer agrees to release photographs and or digital images for promotional use by the Company; An example of promotional use would include, but is not limited to, the Company's Baby of the Month contest. All services provided by BabyCollage.com, LLC may be used for lawful purposes only. Transmission, storage, or presentation of any data, material or information in violation of any United States Federal, State, City or Local law is prohibited. This includes, but is not limited to, copyrighted, patented or protected material, material that we judge to be obscene, threatening or illegal, or material protected by any other statute. In addition, we reserve the right to determine what might be considered offensive. If your newborn's web page contains material that you are unsure about, please let us know immediately. We also do not allow any content such as, but not limited to, pirated software & hacking software.

5. Copyright and Other Legal Compliance
No copyrighted material may be placed on the Service by anyone without the permission of the copyright owner, or persons authorized by the copyright owner to grant permission. The Customer is responsible for obtaining the necessary permission before permitting any copyrighted material that belongs to others to be placed on the Service.

6. Backup Copies of Images and Other Material
The Service is not designed nor intended to be used as a disaster recovery facility or as an emergency data storage facility. Although BabyCollage.com takes reasonable precautions to preserve and protect the material you may upload to the Service, you should not rely on the Service as your only source for the material you provide. The Customer should preserve copies of your film negatives, photos or slides, and backup copies of any digital information uploaded or authorized others to upload to the Service.

7. Spamming
BabyCollage.com, LLC DOES NOT permit spamming.
SPAM - "US Code Title 47, Sec. 227(a) (2) (B), a computer/ modem / printer meets the definition of a telephone fax machine. By Sec. 227 (b) (1) (C), it is unlawful to send any unsolicited advertisement to such equipment. By Sec. 227 (b) (3) (C), a violation of the aforementioned Section is punishable by action to recover actual monetary loss, or $500, whichever is greater, for each violation."
The US Government has declared the practice of spamming unlawful, however, there are many grey areas. Our view at BabyCollage.com,LLC is as follows: Using our network, equipment or service to send unsolicited bulk e-mail in any fashion that contains references to a site or address hosted by BabyCollage.com,LLC or others or an e-mail address provided by BabyCollage.com,LLC is strictly prohibited. No bulk e-mail may be sent from service provided by BabyCollage.com. Unsolicited includes sending more than three unwanted or un-requested e-mail messages at once.

8. Domain Name
The Domain Name "www.babycollage.com" is legally and rightfully retained by BabyCollage.com, LLC with Internic/Network Solutions. Customers in no way own rights or privileges to the domain name www.babycollage.com or variations thereof as a result of entering into an Agreement with BabyCollage.com, LLC

9. Terms
The customer shall determine the initial term of this Agreement at time of agreement. This Agreement shall not automatically renew for a similar term thereafter unless otherwise agreed.

10. Termination
BabyCollage.com, LLC retains the right to terminate this Agreement by giving 7 days written notice (See 11. Causes for Termination). The customer may terminate the agreement at any time, for any reason, with written notification to BabyCollage.com, LLC. Written notification includes, but is not limited to, email.

11. Causes for Termination
In the event of any material breach of this Agreement, or breach of the BabyCollage.com, LLC Policies, BabyCollage.com, LLC will be the sole arbiter as to what constitutes a violation of these provisions. Non-compliance with these rules will result in termination of the offending account(s). BabyCollage.com, LLC is not responsible for loss or damages resulting in the removal of an account, site or e-mail address due to violation of these provisions.

12. Customer Warranties
By accepting the terms of this agreement Customer agrees that it will not post, upload, display, or otherwise distribute on the website any content that:
a. Infringes on any copyright or patent rights of any third party.
b. Violates any law or regulation, including without limitation the laws and regulations governing export control.
c. Is trade libelous.
d. Is obscene.
e. Contains viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming defects which are intended to damage a user's system or data.
f. Violates any other BabyCollage.com Policy.

13. Disclaimer of Warranties
Customer acknowledges that use of the Service is at Customer's sole risk. The Service is not warranted to be error free or uninterrupted, and there is no warranty as to the results obtained through use of the Service. The Service is made available on an AS IS basis. THERE ARE NO WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE WITH RESPECT TO THE SERVICE. Neither BabyCollage.com, LLC nor anyone else involved in creating, producing, or delivering the Service, or any services accessible through the Service, will be liable for any direct, incidental, special or consequential damages arising out of this Agreement. In no event will the liability of BabyCollage.com, LLC for any breach of this Agreement exceed two times the total charges incurred by the Customer in the month preceding the date the claim for breach arose. The provisions of this Section will survive termination of this Agreement.

14. Indemnification
Customer agrees that it shall defend, indemnify, save and hold BabyCollage.com,LLC harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney fees asserted against BabyCollage.com, LLC it's agents, it's customers, officers and employees, that may arise. Customer agrees to defend, indemnify and hold harmless BabyCollage.com, LLC against liabilities arising out of:
a. Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party.
b. Copyright infringement.

15. Limitations on Liability
Except for each party's respective indemnity obligations in section 14, in no event shall either party be liable for any special, incidental or consequential damages, or for interrupted communications or lost data arising out of or in connection with this Agreement.

16. Miscellaneous Provisions
a. This Agreement shall be governed by the laws of the State of New Hampshire.
b. If any provision of this Agreement is held to be unenforceable for any reason, the remaining provisions shall remain in full force and effect.
c. The waiver of any breach of this Agreement will not operate as a waiver of any other or subsequent breach.
d. This Agreement, including any attachment, constitutes the entire understanding and agreement between BabyCollage.com,LLC and Customer.
e. Any notices required or permitted may be given by electronic mail or fax if receipt is confirmed by the recipient, or if the notice is also sent by first class registered mail.

17. Account Transfer
BabyCollage.com accounts cannot be transferred to anyone other than the Customer. Only the Customer may distribute for use by appropriate individuals the "Password" which allows access to Web site content. Customers may not sell, lease, rent or assign the service or parts of the service to any other party.

18. Legal Age
BabyCollage.com, LLC requires that its agreements be made with a person who has reached the age of majority (eighteen years old) and is allowed by law to enter into a contract. Otherwise, a parent or guardian must accept this agreement.