Terms and Conditions of Service Agreement

COBRAGuard, Inc.

For MyCobra.info

        THIS TERMS AND CONDITIONS OF SERVICE AGREEMENT ("Agreement") is 
    made between CobraGuard, Inc. ("CobraGuard") and any person ("User") who uses, installs, 
    and/or accesses CobraGuards's online information access service ("Service").  CobraGuard and 
    User are collectively referred to as the "parties."

        BY CLICKING THE ACCEPTANCE BUTTON OR ACCESSING, USING OR 
    INSTALLING ANY PART OF THE SERVICE, USER EXPRESSLY AGREES TO AND 
    CONSENTS TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT, 
    INCLUDING, BUT NOT LIMITED TO, THE LIMITATIONS EXPRESSLY STATED IN 
    SECTION 4 (WARRANTIES), SECTION 5 (LIABILITY), AND SECTION 6 
    (INDEMNIFICATION).  USER UNDERSTANDS THAT THIS AGREEMENT IS 
    ENFORCEABLE AGAINST USER LIKE ANY WRITTEN, NEGOTIATED AGREEMENT 
    SIGNED BY USER.  IF USER DOES NOT AGREE TO ALL OF THE TERMS OF THIS 
    AGREEMENT, THE BUTTON INDICATING NON-ACCEPTANCE MUST BE SELECTED, 
    COBRAGUARD WILL PROMPTLY CANCEL THIS TRANSACTION, AND USER MAY 
    NOT ACCESS, USE, OR INSTALL ANY PART OF THE SERVICE.

    1.  Service Terms 
        a.  Description.  User's use of the Service is limited to informational purposes only.  The 
            Service is proprietary to CobraGuard and is protected by intellectual property laws and 
            international intellectual property treaties.  User's access to the Service is licensed and not sold.  
            CobraGuard agrees to provide User with a personal, non-transferable and non-exclusive account 
            enabling User to access and use the Service.  CobraGuard may terminate User's ability to access 
            and use the Service at any time and for any reason, or no reason at all.
        b.  Accessibility.  User agrees that from time to time the Service may be inaccessible or 
            inoperable for any reason, including, without limitation:  (i) equipment malfunctions; 
            (ii) periodic maintenance procedures or repairs which CobraGuard may undertake from time to 
            time; or (iii) causes beyond the control of CobraGuard or which are not reasonably foreseeable 
            by CobraGuard.  User agrees that CobraGuard is not liable in any way for such inoperation or 
            inaccessibility.
        c.  Equipment.  User shall be solely responsible for providing, maintaining and ensuring 
            compatibility with the Service, of all hardware, software, electrical and other physical 
            requirements for User's use of the Service, including, without limitation, telecommunications 
            and internet access connections and links, web browsers or other equipment, programs and 
            services required to access and use the Service.
    2.  Limitations
        a.  Security.  User shall be solely responsible for the security, confidentiality and 
            integrity of all information that User accesses, receives, downloads, or otherwise views through 
            or takes from the Service.  User agrees to bear all responsibility for the confidentiality of User's 
            password and all use of the Service with User's password.  User shall be solely responsible under 
            the terms of this Agreement and otherwise for any authorized or unauthorized access to User's 
            account by any person.  
        b.  Privacy.  CobraGuard collects, stores, and uses data collected from User in 
            accordance with CobraGuard's Privacy Policy, located at www.cobraguard.net/privacy.html.
        c.  Internet.  User has no expectation of privacy with respect to the Internet generally.  
            User understands and agrees that the use of or connection to the Internet is inherently unsecure 
            and that connection thereto allows potentially unauthorized access to User's computer systems, 
            networks, and stored information by third parties.  Any and all information transmitted and 
            received through an Internet connection may be intercepted, diverted, corrupted, lost, accessed, 
            and/or disclosed by unauthorized third parties.  User assumes responsibility and liability for any 
            and all adverse consequences resulting from such unauthorized use by third parties.
    3.  Prohibited Uses
            User is solely responsible for any and all acts and omissions that occur under User's 
        account or password, and User agrees not to engage in unacceptable or unlawful use of the 
        Service, which includes, without limitation, use of the Service to:  (a) disseminate, store or 
        transmit unsolicited messages, chain letters or unsolicited commercial email; (b) disseminate or 
        transmit material that, to a reasonable person may be abusive, obscene, pornographic, 
        defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (c) disseminate, store 
        or transmit files, graphics, software or other material that actually or potentially infringes the 
        copyright, trademark, patent, trade secret or other intellectual property right of any person; 
        (d) create a false identity or to otherwise attempt to mislead any person as to the identity or 
        origin of any communication; (e) export, re-export or permit downloading of any message or 
        content in violation of any export or import law, regulation or restriction of the United States and 
        its agencies or authorities, or without all required approvals, licenses or exemptions; (f) interfere, 
        disrupt or attempt to gain unauthorized access to other accounts on the Service or any other 
        computer network; (g) disseminate, store or transmit viruses, trojan horses or any other malicious 
        code or program; or (h) engage in any other activity deemed by CobraGuard to be in conflict 
        with the spirit or intent of this Agreement.  By entering a username and password and thereby 
        attempting to access the Service, User warrants that User is authorized to view the private and 
        confidential information corresponding with the username entered.  Viewing or attempting to 
        view information provided by the Service that User is not authorized to view is prohibited.
    4.  Disclaimer of Warranties
            THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, 
        EXPRESS, IMPLIED, OR OTHERWISE.  USE OF THE SERVICE IS AT USER'S SOLE 
        RISK.  COBRAGUARD DOES NOT WARRANT THAT THE SERVICE WILL BE 
        UNINTERRUPTED OR ERROR FREE, NOR DOES COBRAGUARD MAKE ANY 
        WARRANTY AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF THE 
        SERVICE.  COBRAGUARD MAKES NO OTHER WARRANTIES, EXPRESS, IMPLIED, OR 
        OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF 
        MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IN RELATION TO 
        THE SERVICE.  COBRAGUARD MAKES NO WARRANTIES, EXPRESS, IMPLIED, OR 
        OTHERWISE, CONCERNING THE ACCURACY OF THE INFORMATION DISPLAYED 
        TO USER BY USER'S USE OF THE SERVICE.  THE SERVICE IS PROVIDED FOR 
        INFORMATIONAL USE ONLY, AND THE INFORMATION THEREIN IS NOT INTENDED 
        TO BE RELIED ON IN ANY WAY.  USER AGREES THAT USER RELIES ON THE 
        INFORMATION DISPLAYED BY THE SERVICE AT USER'S OWN RISK.
    5.  Limitation of Liability
            UNDER NO CIRCUMSTANCES SHALL COBRAGUARD BE LIABLE TO USER OR 
        ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, 
        SPECIAL OR PUNITIVE DAMAGES FOR ANY MATTER ARISING FROM OR 
        RELATING TO THIS AGREEMENT, THE SERVICE OR THE INTERNET GENERALLY, 
        INCLUDING, WITHOUT LIMITATION, USER'S USE OR INABILITY TO USE THE 
        SERVICE, THE ACCURACY OF ANY DATA OR INFORMATION ACCESSED THROUGH 
        THE SERVICE OR RELIANCE BY USER OR ANY OTHER PARTY ON SUCH 
        INFORMATION, ANY CHANGES TO OR INACCESSIBILITY OF THE SERVICE, DELAY, 
        FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSION 
        OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR 
        RECEIVED, ANY TRANSACTION OR AGREEMENT ENTERED INTO THROUGH THE 
        SERVICE, OR ANY DATA OR MATERIAL FROM A THIRD PERSON ACCESSED ON OR 
        THROUGH THE SERVICE, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS 
        OF CONTRACT, TORT OR OTHERWISE.  IN NO EVENT SHALL COBRAGUARD'S 
        TOTAL LIABILITY FOR DIRECT DAMAGES EXCEED THE TOTAL FEES PAID BY 
        USER TO COBRAGUARD HEREUNDER, IF ANY.  SOME STATES PROHIBIT THE 
        EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, 
        THUS THIS LIMITATION OF LIABILITY MAY NOT APPLY TO USER.  IF USER IS 
        DISSATISFIED WITH THE SERVICE, USER'S SOLE AND EXCLUSIVE REMEDY SHALL 
        BE FOR USER TO DISCONTINUE USE OF THE SERVICE.
    6.  Indemnification
            USER AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND 
        COBRAGUARD, ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND 
        AGENTS FROM AND AGAINST ANY ACTION, CAUSE, CLAIM, DAMAGE, DEBT, 
        DEMAND OR LIABILITY, INCLUDING REASONABLE COSTS AND ATTORNEY'S 
        FEES, ASSERTED BY ANY PERSON, ARISING OUT OF OR RELATING TO:  (A) THIS 
        AGREEMENT; (B) USER'S USE OF THE SERVICE, INCLUDING ANY DATA OR WORK 
        TRANSMITTED OR RECEIVED BY USER; (C) UNAUTHORIZED USE OF THIS SERVICE 
        BY ANY RELATED OR THIRD PARTY OF WHOM USER IS MADE RESPONSIBLE BY 
        THIS AGREEMENT OR OTHERWISE; AND (D) ANY UNACCEPTABLE USE OF THE 
        SERVICE, INCLUDING, WITHOUT LIMITATION, ANY STATEMENT, DATA OR 
        CONTENT MADE, TRANSMITTED OR REPUBLISHED BY USER WHICH IS 
        PROHIBITED AS UNACCEPTABLE AT SECTION 3.
    7.  Miscellaneous
        a.  Independent Contractors.  The parties and their respective personnel, are and shall be 
            independent contractors and neither party by virtue of this Agreement shall have any right, 
            power or authority to act or create any obligation, express or implied, on behalf of the other 
            party.
        b.  Waiver.  No waiver of any term, provision or condition of this Agreement, whether 
            by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, 
            a waiver of any other term, provision or condition hereof by CobraGuard, whether or not similar, 
            nor shall such waiver constitute a continuing waiver of any such term, provision or condition 
            hereof by CobraGuard.  No waiver shall be binding on CobraGuard unless executed in writing by 
            CobraGuard.
        c.  Severability.  If any provision of this Agreement is determined to be illegal or 
            unenforceable, then such provision will be enforced to the maximum extent possible and the 
            other provisions will remain fully effective and enforceable.
        d.  Law.  This Agreement is made in and shall be governed by the laws of the State of 
            Kansas without reference to conflicts of laws. 
        e.  Forum.  All actions, claims or disputes arising under or relating to this Agreement 
            shall be brought in the federal or state courts exercising jurisdiction over Johnson County, 
            Kansas.  The parties irrevocably submit and consent to the exercise of subject matter jurisdiction 
            and personal jurisdiction over each of the parties by the federal and/or state courts exercising 
            jurisdiction over Johnson County, Kansas.  The parties hereby irrevocably waive any and all 
            objections which any party may now or hereafter have to the exercise of personal and subject 
            matter jurisdiction by the federal or state courts exercising jurisdiction over Johnson County, 
            Kansas, and to the laying of venue of any such suit, action or proceeding brought in any such 
            federal or state court exercising jurisdiction over Johnson County, Kansas.
        f.  Process.  The parties irrevocably submit and consent, and irrevocably waive any and 
            all objections which any party may now or hereafter have, to process being served in any such 
            suit, action or proceeding referred to in the preceding subsection pursuant to the rules of the 
            applicable court, including, without limitation, service by certified or registered mail, return 
            receipt requested.  No provision of this section shall affect the right of any party to serve process 
            in any manner permitted by law or limit the right of any party to bring suits, actions or 
            proceedings to enforce in any lawful manner a judgment issued by the state or federal courts 
            exercising jurisdiction over Johnson County, Kansas.
        g.  Attorney's Fees.  If any action in law or in equity is necessary to enforce the terms of 
            this Agreement, the prevailing party will be entitled to reasonable fees of attorneys, accountants, 
            and other professionals, and costs and expenses in addition to any other relief to which such 
            prevailing party may be entitled.
        h.  Headings.  The captions and headings of this Agreement are included for ease of 
            reference only and will be disregarded in interpreting or construing this Agreement.
        i.  Force Majeure.  If the performance of any part of this Agreement by either party is 
            prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, 
            judicial or governmental action, labor disputes, act of God or any other causes beyond the 
            control of either party, that party shall be excused from such to the extent that it is prevented, 
            hindered or delayed by such causes.
        j.  Survival.  The terms and provisions of Sections 2, 3, 4, 5, 6, and 7 shall survive any 
            termination or expiration of this Agreement.
        k.  Entire Agreement.  This Agreement constitutes the complete and exclusive statement 
            of the agreement between the parties with respect to the Service and supersedes any and all prior 
            or contemporaneous communications, representations, statements and understandings, whether 
            oral or written, between the parties concerning the Service.  This Agreement cannot be modified, 
            altered, or amended unless any such modification, alteration, or amendment is made in writing 
            by an authorized employee or officer of CobraGuard.  User hereby agrees that any verbal 
            representations made by any CobraGuard employees or agents shall not modify or be 
            incorporated into this Agreement, and any such verbal representations shall be of no effect.

USER HAS READ, UNDERSTANDS AND AGREES TO THE TERMS & CONDITIONS OF THIS AGREEMENT.