The BrakBlog Terms Of Service Agreement: 1. ACCEPTANCE OF TERMS Welcome to The BrakBlog. The BrakBlog provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: http://www.BrakBlog.com/pages/tos.txt. 2. DESCRIPTION OF SERVICE The BrakBlog currently provides readers with insights to the life experiences of one (1) Tom Hogan. This content is presented at face value, uncensored, for the pure enjoyment of the reader. You understand and agree that the Service is provided "AS-IS" and that The BrakBlog assumes no responsibility for any offense that the reader may take to the content. Please be aware that The BrakBlog contains content in the Service that may contain mature content- CONSIDER YOURSELF ADVISED. 3. ADVERTISEMENT POLICY Advertisements will never appear on The BrakBlog because the weblog itself is not maintained with monetary compensation as one of its aims. 4. MEMBER CONDUCT You agree to not use the Service to be used as evidence; in the event that any such allegations arise, ALL CONTENT on The BrakBlog is to be considered and looked upon as purely fictitious. You understand that all content is the sole opinion of The BrakBlog and its constituents, and was never claimed in any way, shape, or form, to be fact. 5. INDEMNITY You agree to indemnify and hold The BrakBlog, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another. 6. NO RESALE OF SERVICE You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. 7. MODIFICATIONS TO SERVICE The BrakBlog reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that The BrakBlog shall not be liable to you or to your mom for any modification, suspension or discontinuance of the Service. 8. TERMINATION You agree that The BrakBlog may, under certain circumstances and without prior notice, immediately terminate your access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) The BrakBlog not liking you, (c) a request by you (self-initiated IP Banning), and (d) unexpected technical or security issues or problems. Termination of your access to The BrakBlog includes (a) removal of access to all Content, and (b) barring further use of the Service. Further, you agree that all terminations for cause shall be made at The BrakBlog's sole discretion. 9. THE BRAKBLOG'S PROPRIETARY RIGHTS You acknowledge and agree that the Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by The BrakBlog, you agree not to sell, or create derivative works based on the Service for profit, in whole or in part. 10. DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE BRAK BLOG 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. THE BRAKBLOG MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, OR ERROR-FREE, (iii) THE SERVICE WILL BE NON-OFFENSIVE, AND (iv) THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXCESSIVELY HIGH EXPECTATIONS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE, PHYSICAL OR PSYCHOLOGICAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE BRAKBLOG OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS. ***IMPROTANT*** A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE -- DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OBSESSIVE MASTURBATION, OR CONVULSIONS. 11. LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE BRAKBLOG SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (iv) ANY OTHER MATTER RELATING TO THE SERVICE. 12. TRADEMARK INFORMATION The character 'Brak' is TM & © 2004 Cartoon Network. A Time Warner Company. All Rights Reserved. All characters on this site are protected by trademark and other rights. The BrakBlog does not claim ownership or take credit for the aforementioned character(s). However, all written content and original sound files are the sole property of The BrakBlog, and subsequently Tom Hogan. 13. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT The BrakBlog respects the intellectual property of others, and we ask our users to do the same. The BrakBlog may, in appropriate circumstances and at its discretion, delete content that is infringing. 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 provide The BrakBlog's Copyright Agent the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; a description of the copyrighted work or other intellectual property that you claim has been infringed; a description of where the material that you claim is infringing is located on the site; your address, telephone number, and email address; 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; a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf. The BrakBlog's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows: By mail: Tom Hogan Resident Ass-Kicker c/o The BrakBlog 417 West 70th Street Kansas City, MO 64113 By email: outlawonline@yahoo.ca 14. GENERAL INFORMATION Entire Agreement. The TOS constitute the entire agreement between you and The BrakBlog and govern your use of the Service, superceding any prior agreements between you and The BrakBlog. Choice of Law and Forum. The TOS and the relationship between you and The BrakBlog shall be governed by the laws of the Most Excellent State of Missouri without regard to its conflict of law provisions. Waiver and Severability of Terms. The failure of The BrakBlog to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS 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 TOS remain in full force and effect. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect. 15. VIOLATIONS Please report any violations of the TOS to The BrakBlog. 16. THANKS Special thanks go to Yahoo!, from whom I ripped off and modified this Terms of Service Agreement. Special thanks go to any poor bastard that read this whole thing. My condolences go out to those who will try and destroy me on account of my radical oppinions expressed via the service. Having read this entire agreement, you should now realize that you can't touch me, and if you try I'll fight you 'till the bitter end.